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HomeMy WebLinkAbout11-09-2004 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 9, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:15 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Building & Safety Manager Chipman, Engineering Manager Seumalo, Finance Manager Magee, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) County of Riverside, et al v. City of Lake Elsinore and Laing-CP Lake Elsinore LLC (Riverside County Superior Court Case No. RIC 418775) (F:52.2)(X:40.1) b. CONFERENCE WITH LEGAL COUNSEL -EXISTING Page Two -City Council Minutes -November 9, 2004 LITIGATION (Subdivision (a) of Government Code Section 54956.9) Camelot Property Counselors, Inc. vs. City of Lake Elsinore/ Redevelopment Agency of the City of Lake Elsinore (U.S. Bankruptcy Court Case No. RSO1-14823DN) (F:52.2)(X:40.1) c. CONFERENCE WITH LEGAL COUNSEL -ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) (3) (C) of Government Code Section 54956.9 (1 case) (F:52.10(X:40.1) d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION -City Manager (Pursuant to Government Code Section 54957) (F:46.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:16 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council meeting in public session at 7:11 p.m. PLEDGE OF ALLEGIANCE Mayor Buckley noted that Thursday is Veteran's Day and invited those who have served or have family serving to participate in the Pledge of Allegiance. He presented each Veteran and representative with a City pin. INVOCATION -MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayerremembering the Page Three -City Council Minutes -November 9, 2004 Country's Veterans. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Building & Safety Manager Chipman, Engineering Manager Seumalo, Finance Manager Magee, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation -Electoral Reform Committee. (F:59.8) Mayor Buckley noted the yeomans work done by the Committee, and introduced Committee Members Judziewicz, Flores, Hohenadl and Chairwoman Atkins. He noted that Committee Member Maskell was not able to be present at this meeting. He presented each member with a Certificate of Appreciation and City pin. Chairwoman Atkins read her report and detailed the recommendations including the Council direction from the Study Session of November 3`d Mayor Buckley requested that a link be placed on website to access the Committee recommendations. Page Four -City Council Minutes -November 9, 2004 B. Proclamation -Lung Cancer Awareness Month. (F:122.1) Representative was not present for presentation. C. Presentation -Chamber of Commerce Update. (F;108.4) Kim Cousins, Executive Director, Chamber of Commerce, noted that the Chamber had been very active over the last month. He indicated that there had been a fantastic EDC Program with about 750 high school programs looking at career options. He also indicated that they held the last business mixer of the year at Coco's Restaurant; and held a ribbon cutting on November 8th at Main Street Pizza. He advised that they registered sixteen new members in October, and announced that the last EDC Luncheon of the. year would be a Legislative Summit on November 18`h from 11 to 2. He announced that their non-perishable food drive was continuing; and advised that the second edition of their newsletter was available on their website. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met to discuss four items as listed on the Agenda. She advised that with regard to the first item there was no reportable action. She further advised that with regard to the second item, litigation with California Bank & Trust, involving the Camelot action against K- Mart in Bankruptcy Court, a SettlementAgreement had been reached with Camelot, so the City Council and Redevelopment Agency would be receiving about $15,000 on the liquidated stock. She indicated that the third item was discussed briefly with no reportable action. She further indicated that the fourth item was discussed briefly and continued for two weeks. PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE Ron LaPere, 16867 Wells Street, commented that as Chairman of the Palm Tree Preservation Committee some years ago, they were not expecting approval of every action recommended, but the Council consistently protected the palm trees. Page Five -City Council Minutes -November 9, 2004 He compared this situation to the Electoral Reform Committee and indicated that he felt the Council should also be consistent in this area. He suggested if there was a citizens ballot to decide if the City Treasurer should be appointed or elected, he thought that the citizens should vote on changing the term of office as well. He stressed that it should be left in the hands of the citizens. Jerry Harmatz, 512 N Spring Street, indicated that he came to Lake Elsinore in .:.1962, when there was a population of 600. He indicated that after being in the Community for 42 years, Ron Molendyk and Dick Watenpaugh had been the City Managers for half of the that time. He indicated that with the current administration he saw a light at the end of the tunnel, as Dick Watenpaugh has brought parks, law enforcement and fire services. He further commented that Mr. Watenpaugh has shown courage, grace under pressure, has been articulate and honest, and carried policies to completion. He indicated that he was grateful for Mr. Watenpaugh's contributions and suggested that his departure would be the City's loss and his gain. Donna Franson, 7 Villa Valtelena, indicated that she now had 250 membership cards, and would be mailing membership kits in the next few weeks. She noted that after the first of the year they would be holding a membership meeting. She announced that newsletters would be mailed in early December, and thanked the Council for the opportunity to relay this information to their members. Chris Hyland, 15191 Wavecrest Drive, told the community about the wonderful event on Halloween night that was on Main Street. She indicated that they passed out over 1,000 packets of cookies and candies. She noted that several years ago she had requested that the streets be closed for such and event and thanked the businesses for participating in the. event. Pete Dawson, 18010 Grand Avenue, noted that while he was out of town, the wet season had begun early. He commented that seldom happens before January. He noted that assuming the rain continues, and continues faster than EVMWD pumps the water, then Lake Elsinore will continue to rise faster. He suggested that this could be a very wet winter and encouraged the water front public to remove Page Six -City Council Minutes -November 9, 2004 debris, junk and fences from lake front property He indicated that the clean up crew had already done an admirable job and commended Pat Kilroy, Leo Solorzano, Ed North, Dennis Waite, Sally Davis, Armando Villa, Carol Gordon, and Shawn Slater on a great job. John Harry Wise, 33200 Allis Street, representing LEUSD, indicated that he was responsible for negotiations with the County for the Library/Media Center at the new high school. He advised that the intent of the school and the County was to provide a safe secure environment for the students and address the concerns of the community. He indicated that he felt the Community would be proud of the facility. Nancy Johnson, 4385 Houghton Ave., Riverside, indicated that she was the Riverside County Librarian that addressed the proposed library. She explained that the building would be a joint use facility with the School District. She noted that there were several other joint use facilities up and running and the method was seen as a win-win situation for both sides. She stressed that control of the library and safety were very important issues, but there had not been problems at the other facilities. Loy Stephens, 112 S. Lowell Street, requested that the streets be repaired. He stressed that major repairs were needed. He suggested an interlink system of bike lanes throughout the City, noting that the streets were dangerous for bike riders. Ralph Cressini, 2801 Ocean Park Blvd., Santa Monica, indicated that starting in June they had submitted preliminary proposals for work in the historical area of Ellis and Franklin. He advised that the proposals have stopped, and requested Council assistance to arrange meetings to advance the projects and set up negotiations. Mayor Buckley addressed the bike lanes and indicated that when the General Plan was updated that would be included. Community Development Director Brady confirmed that would be part of the Circulation Element. Page Seven -City Council Minutes -November 9, 2004 Mayor Buckley commented that with regard to Ellis and Franklin, staff would meet with them. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items: Item Nos. d (Closed Session) & A (Presentation). CONSENT CALENDAR Councilman Magee indicated that he would be abstaining from vote on Item No. 5. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint City Council/RedevelopmentRgency Study Session -October 12, 2004. b. City Council Study Session -October 14, 2004. c. City Council Study Session -October 21, 2004. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting -October 19, 2004. (F:60.3) 2. Ratified Warrant List for October 28, 2004. (F:12.3) 3. Adopted Resolution No. 2004-65, Approving Request for No Parking on Grand Avenue at Windward Way and Shoreline Drive. (F:112.1) Page Eight -City Council Minutes -November 9, 2004 RESOLUTION N0.2004-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 4. Approved Final Parcel Map No. 31963 located at the intersection of Pasadena Street and Crane Street, accepting all dedications at the time of recordation and authorizing the City Clerk to sign the map and arrange for recordation. (F:110.2) Approved Final Tract Map 25479, Centex Homes located south of State Route 74, two miles east of I-15, accepting all dedications at the time of recordation and authorizing the City Clerk to sign the map and arrange for recordation. (The vote on this item was 4 Ayes with Councilman Magee Abstaining from vote.) (F:160.2) 6. Determined it was in the best interest of the City to utilize the CMAS pricing process in lieu of the formal bid process and authorized the City Manager to execute a purchase order with Logical Design, Inc. for Replacement of IBM AS 400 Enterprise System with Purchase of New IBM System I Series Mode1520 at a cost of $59,000.95. (F:65.1) PUBLIC HEARING 21. Zone Change No. 2004-11 and Commercial Design Review No. 2004-06 for the Best Western Hotel -Ordinance No. 1131. (F:58.2)(X:172.1) Mayor Buckley opened the Public Hearing at 7:40 p.m. Community Development Director Brady highlighted this item and detailed each component of the approval process. He noted the topography of the site, and detailed the Planning Commission consideration. He advised that the Hotel would have a Mediterranean design with a fountain feature in the Page Nine -City Council Minutes -November 9, 2004 front and a covered drive-thru for the guests. He noted that the TIF, TUMF and MSHCP fees were discussed during the Planning Commission Meeting; and indicated that he met with the applicant regarding the times that those fees would need to be paid. He explained the timing for each fee and noted the flexibility that could be allowed in paying them. He detailed the recommendations and noted that the applicant was present to respond to questions. Mayor Buckley noted that this would be the hotel across from the Lakeview Inn behind the Casino on Casino Drive. Mayor Buckley asked those persons interested in this item to speak. The following person spoke: Sashi Engineer, Applicant, addressed the plans and thanked staff for their continued support and assistance. Councilman Magee asked staff if they had received comments from the adjacent property owners. Community Development Director Brady indicated that he was not aware of any comments. Councilman Magee thanked Mr. Engineer for his investment in the City. He expressed concern with the lack of a restaurant and bar in the project. Mr. Engineer indicated that he would be glad to include one, but Best Western does not allow it unless the facility is over 100 rooms. Councilman Magee inquired if there was a way to correct this situation. Mr. Engineer indicated that there was also an allowance if there was not restaurant in the area, but at this point it was not possible. Councilman Magee stressed that he would like to see that reconsidered. Mayor Pro Tem Kelley noted that from the study session, her question was regarding the applicant's concerns with the fees. She noted that the matter was discussed, but she was assured that the issue had been worked out. Mr. Engineer confirmed that it had been worked out. Mayor Pro Tem Kelley indicated that she liked the design,, and the project was a welcome addition Page Ten -City Council Minutes -November 9, 2004 to the community. She commented that she had heard from sports leagues that there were not enough hotels for their tournaments. Councilman Schiffner inquired when they would have the ribbon-cutting and first renters. Mr. Engineering indicated that he wished it would be tomorrow, but would depend on the planning process. He advised that they were working on construction drawings, and hoped to be approved in about nine months. Councilman Hickman thanked the applicant for selecting the City of Lake Elsinore. Mr. Engineer indicated that it was his pleasure. Mayor Buckley indicated that the project would be a nice addition to the City. He commented that with regard to the fees, the faster the project is built, the lower the fees will be. Mayor Buckley closed the public hearing at 7:50 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1131, UPON FIRST READING BY TITLE ONLY, APPROVING ZONE CHANGE N0.2004-11: ORDINANCE NO. 1131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO.2004- 11 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 363-172-004, 013 AND 020 FROM C-1 NEIGHBORHOOD COMMERCIAL TO C-2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, Page Eleven -City Council Minutes -November 9, 2004 MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL DESIGN REVIEW N0.2004-06 BASED ON THE FINDINGS AND EXHIBITS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL: FINDINGS -ZONE CIIANGE The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Considering that the General Plan has designated the property General Commercial, staff concluded that the area will not be degraded as a result of this project. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the Zoning Map is consistent with GOAL I.O, Objective I.2 of the General Plan Land Use Element, obligating the City to encourage the development of commercial land uses and revitalization of existing commercial uses that strengthen the city's economic base and offer a range of enterprises that serve the needs of the residents and visitors. FINDINGS -DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. Page Twelve -City Council Minutes -November 9, 2004 The proposed Commercial Design Review located within Assessor Parcel Number(s) 363-172- 004, 013, and 020 complies with the goals and objectives of the General Plan, in that the approval of this hotel will assist in achieving the development of awell-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diverse Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s) 363-172-004, 013, and 020 is appropriate to the site and surrounding developments in that the hotel project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the hotel site as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number(s) 363-172-004, 013, and 020, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguazds pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 1782.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number(s) 363-172-004, 013, and 020 has been scheduled for consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, ox proceeding against the City, its Official, Officers, Employees, ox Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Best Western Hotel located at 363-172-004, 013 & 020, which action is bought within the Page Thirteen -City Council Minutes -November 9, 2004 time period provided for in California Government Code Sections 65009 and/ox 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, ox proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, ox proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, ox hold harmless the City. DESIGN REVIEW FOR COMMERCIAL PROJECT N0.2004-06 2. The Design Review approval located at Assessor Parcel No. 363-172-004, 013 & 020 shall lapse and become void one (1) yeaz following the date on which the Design Review became effective, unless prior to the expiration of one year a building permit related to the Design Review is issued and construction commenced and diligently pursued towazd completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 3. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/Ciry Council through subsequent action. 6. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 8. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Trash enclosures shall be constructed per City standazds as approved by the Community Development Director or Designee. Page Fourteen -City Council Minutes -November 9, 2004 11. No exterior roof ladders shall be permitted. 12. All downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 13. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. On-site surface drainage shall not cross sidewalks. 16. Parking stalls shall be double-striped with four-inch (4") lines two feef (2') apart. 17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 18. Pxiox to the issuance of a Grading Pemrit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) fee recently adopted by the City of Lake Elsinore. The fee shall be calculated as "Comxnexcial-$5,620.00 per acre". (2.92 acres x $5,620.00 = $16,410.40) 19. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. Three (3) sets of the Final LandscapingQrrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in size. Page Fifteen -City Council Minutes -November 9, 2004 c) All planting areas shall be sepazated from paved aeeas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. fl Any transformers and mechanical ox electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and tabor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting aeeas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 21. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 22. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 23. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page Sixteen -City Council Minutes -November 9, 2004 24. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 25. Outlet of storm drain adjacent to Casino Drive shall maintain undeveloped peak storm flow volumes, velocity and flow characteristics (example: sheet flow). 26. Dedicate full half-width right-of--way (50-feet center line to right-of--way line) for project frontage of Casino Drive. Right-of--way dedication shall be consistent with the general plan circulation element. 27. Construct interim roadway cross-section consistent with the projection of the existing curb line. 28. Pay cash-in-lieu of construction for ultimate roadway cross-section along the project frontage. Cash-in-lieu shall be in addition to the cost of the interim improvements. 29. Provide a hydrology study specifically addressing the effects of the grading and drainage to adjacent properties. 30. Street improvements shall include transitions from the proposed improvements to the existing roadway. 31. V-gutter outlet located on the west end of the project shall not exceed the peak storm runoff for the undeveloped condition as shown in the approved hydrology study. Construct an energy dissipating structure to reduce the outlet water velocities to a less than erosive condition. 32. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 33. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 34. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 35. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, azea drainage fee, T.U.M.F ($107,484.00), traffic impact fee ($149,237.00), encroachment permit fees and inspection fees associated with the project and its development. The TUMF fee will increase approximately 7.31 % on January O 1, 2005. Page Seventeen -City Council Minutes -November 9, 2004 36. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 37. Construct alt public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 38. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 39. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 40. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 41. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 42. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 43. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 44. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 45. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 46. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 47. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 48. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Page Eighteen -City Council Minutes -November 9, 2004 49. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yazds or the existing flow pattern is substantially modified as determined by the City Engineer If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 50. Provide soils, geology and seismic report including street design recommendations. Provide fmal soils report showing compliance with recommendations. 51. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 52. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 53. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 54. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 55. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 56. On-site drainage facilities located outside of road right-of--way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 57. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 58. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 59. Meet all requirements of LEMC 15.68 regarding flood plain management. 60. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Page Nineteen -City Council Minutes -November 9, 2004 61. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 62. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 63. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of--way. When either of these criteria is exceeded, drainage facilities should be installed. 64. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 65. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 66. Applicant shall obtain approval from Santa Ana Regional Water QualiTy Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 67. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 68. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking azeas and driveways. 69. Ingress/Egress site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, Type of landscaping and wall placement. 70. All parcels shall have direct access to public right-of--way or be provided with a minimum 30 ft ingress and egress easement to public right-of--way by separate instrument or through map recordation. 71. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. Page Twenty -City Council Minutes -November 9, 2004 72. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, cleaz and grubbing or all other phases of construction. ADMINISTRATIVE SERVICES DEPARTMENT 73. Prior to the issuance of the first building permit, the applicant shall annex into the Lighting, and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of--way landscaped areas to be maintained by the CiTy and for street lights in the public right-ofway for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE COUNTY FIRE DEPARTMENT 74. The applicant shall comply with all Comments and/or Conditions of Approval from Riverside CounTy Fire Department. COMMUNITYSERVICES DEPARTMENT 75. The developer to pay park fees of $0.10 per square foot of interior space. 76. The developer shall comply with City Ordinance 8.16.010 for the removal of all construction debris. Developer shall utilize CR&R for all recycling. 77. All drainage and/or flood control facilities to be maintained by developer. 78. The City Landscape Architect shall review all landscape plans. 79. All landscaping shall be maintained by the developer. 80. No pazk credits shall be given for the swimming pool or Jacuzzi. Mr. Engineer thanked the City Council for this approval. 22. Amended and Restated Aexeement to Develop and Operate Shoppin Cg enter and Settlement Agreement between the Citv of Lake Elsinore and Castle & Cooke -Lake Elsinore Outlet Centers, Inc. -Ordinance No. 1132. Mayor Buckley opened the public hearing at 7:50 p.m. City Attorney Leibold explained that this item related back to a 1995 Page Twenty-One -City Council Minutes -November 9, 2004 agreement between the City and the predecessor to Castle & Cooke. She further explained that this agreement would resolve outstanding issues between the parties and provide for an initial DAG fee of $50,000, and additional fees for commercial development. She indicated that it would provide reimbursement by the City to Castle & Cooke for $1.5 million, which is half the original obligation. She advised that the term of the agreement was up to fifteen years with clauses for earlier termination. She indicated that the agreement was acceptable to Castle & Cooke, and staff was recommending approval. She clarified that the agreement was for public infrastructure which was secured by sales tax performance over time. Mayor Buckley asked those persons interested in this item to speak. The following person spoke: Bill Samson, representing Castle & Cooke, requested approval of this item and noted that the City staff, City Manager and City Attorney had been working diligently to perfect this agreement. Councilman Hickman addressed the location of this development, and inquired if it was on the other side of I-15. Mr. Samson indicated it was the 200 acres on the east side of I-15 at Nichols Road. Councilman Hickman inquired how soon it would be under construction. Mr. Samson expressed hopes that it would begin right away, as soon as the vested rights were secured. Mayor Buckley closed the public hearing at 7:55 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1132, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDED AND RESTATED Page Twenty-Two -City Council Minutes -November 9, 2004 DEVELOPMENT AGREEMENT WITH CASTLE & COOKS LAKE ELSINORE OUTLET CENTERS, INC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Meetings of November 23 and December 28, 2004. (F:44.1)(X:134.1) Mayor Buckley noted that this item was placed on the Agenda due to the proximity of these meetings to the holidays. Mayor Pro Tem Kelley inquired if the Councilmembers had travel plans. Councilman Schiflner suggested that would be the only reason to change the meeting in December. Mayor Buckley noted that the December meeting was the Tuesday after Christmas. Councilman Magee inquired what business items would be on that agenda, and suggested waiting at least two weeks to make that determination. Mayor Buckley questioned if it was the consensus of the Council to have the November 23`d meeting and decide on the December 28th meeting at a later date. Council concurred. 32. Fee Deposit and Reimbursement Agreement between the City and Centex Homes. (F:68.1) Administrative Services Director Pressey noted this agreement and Page Twenty-Three -City Council Minutes -November 9, 2004 indicated that Chris Holmquist, representing the applicant was present at this meeting. He detailed the fee arrangement, with the City to be paid from the CFD bonds issued at a later date. He explained that at the time of the bonds the City would release the deposit back to the developer. He explained that the City would get all of its fees at once and the cost of the CFD would be significantly lowered for the homeowners by the simplicity of auditing the funds. He advised that the Bond Counsel had prepared the agreement, the developer had reviewed it, agreed and executed it. He indicated that the development was 1,012 homes in Rosetta Canyon to be built in a variety of phases. He commented that the CFD would come forward as part of the Resolution of Intention, after the rate and method has been reviewed, at the meeting of November 23rd, so the Council can look at the whole structure. He clarified that until the bonds were issued the CFD would not be formed and there would be no exposure for the City. He noted the process as outlined in the staff report. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE FEE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH CENTEX HOMES. Councilman Hickman indicated that he had the pleasure of working with Rod Gunn and Don Hunt; and they explained that the requirements have changed drastically since the early 1990's, for release of money. He commented that he felt very comfortable with this arrangement. Mayor Buckley noted that there were questioned about what this funding was going for, but it looked pretty much in line for parks and fire stations. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Deposit and Reimbursement Agreement between the City and Centex Homes. (F:68.1) Administrative Services Director Pressey indicated that this was an Page Twenty-Four -City Council Minutes -November 9, 2004 agreement fora $50,000 fee to explore the possibility of forming a CFD, which would pay for the appraisals and study by Harris and Associates; as well as an absorption study. He clarified that the Bond Counsel would not be paid out of this deposit. Councilman Schiffner commented that this was a routine procedure. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH CENTEX HOMES. 34. Increase Fees for Lake Use Passes -Resolution No. 2004-66. (F:92.1) Lake & Aquatic Resources Director Kilroy noted that this would increase both daily and annual lake use passes. He commented that the City had not increased these rates in four years, however there had been a significant increase in the cost of operations. He noted that the increase was substantial, but would shift the costs to the users of the Lake, and increase revenues by about $108,000. He explained that the staff recommendation was to increase day use passes from $7 to $10 and annual passes from $105 to $150 for non-residents and from $65 to $100 for residents, but noted that the Council had recommended that those rates be reduced. Councilman Schiffner suggested that the permits sold would not make or break the lake. He indicated that he would support a small increase, like $10 for City residents and increasing non-residents to $150. Councilman Magee indicated that he would concur with Councilman Schiffner, as he would want to encourage lake use by residents and make it affordable. He echoed the Mayor's comments that the daily passes would be the most expensive in the area and suggested changing it to $8 per day. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION N0.2004-66 WITH THE CHANGES AS PROPOSED BY Page Twenty-Five -City Council Minutes -November 9, 2004 STAFF WITH THE EXCEPTION OF THE DAILY INCREASE GOING TO $8 AND THE ANNUAL PASSES FOR RESH)ENTS BEING INCREASED TO ONLY $75. Councilman Hickman noted that the City spends $1,750,000 for the Lake per year and generates only $400,000 in revenues. He stressed the cost and encouraged everyone to pray for rain. Mayor Buckley concurred with the recommendation that the jump from $65 to $100 for residents would cause sticker shock. City Manager Watenpaugh reminded the Council that staff was about to come back with a draft campground agreement. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION N0.2004-66 A RESOLUTION OF THE CITY OF LAKE ELSINORE REPEALING RESOLUTION N0.2000-51 AND ESTABLISHING FEES FOR USE OF LAKE ELSINORE. Councilman Schiffner commented that the last rain, at the lowest price, put '/z million dollars worth of water in the Lake. Mayor Buckley suggested that when the Lake was showing obvious improvements, this issue could be revisited. 35. Elsinore Water District Liaison. (F:164.3)(X:44.1) Mayor Buckley indicated that he put this item on the agenda based on the problems over the last few months. He noted that the City Council had representatives to RCTC, EVMWD, and numerous local agencies, but did not have one to Elsinore Water District. He indicated that he felt it would Page Twenty-Six -City Council Minutes -November 9, 2004 be a good idea for communications between organizations, especially with the Country Club Heights Citizens Committee's efforts. He noted that he received a letter from the Water District regarding the idea and they said "no thank you". He suggested that having a permanent point person would be a better idea, and noted that he could not do it because he lived in the District. He suggested that Councilman Hickman serve as the liaison since there was an existing agreement between the RDA and Elsinore Water District. Mayor Pro Tem Kelley noted that the Council received a response to the Mayor's letter from Elsinore Water District and they don't want a liaison, but suggested a study session. She suggested that the difference between this and RCTC was that the City was invited to have a liaison with RCTC. She noted that they were told from the beginning that it would not be she or Mr. Schiffner from the beginning. She recommended holding a study session on specific issues and work that angle. Mayor Buckley indicated that he was thinking about it this afternoon, and while he was thinking of doing it himself, he lives in the area. He commented that he was not sure where they asked for a study session. Councilman Schiffner concurred with Mayor Pro Tem Kelley that there should be a joint study session to see if there was anything that could be worked out with them. He suggested if it looked like it would be helpful, then a liaison could be appointed. Councilman Magee offered a happy medium. He noted that Mr. Flores was one of the most adversely impacted by the situation He further noted that the Mayor would like to help the two agencies get along. He suggested prevailing on Councilman Hickman to volunteer as anon-official party to extend a friendly hand to bring the two together and work on an agenda for discussion in a study session. He suggested that if it was done in an informal non-threatening way, it might start a dialogue. Councilman Hickman suggested giving him a chance to contact them and report back. Page Twenty-Seven -City Council Minutes -November 9, 2004 Mayor Pro Tem Kelley commented that was probably a good solution in between the two extremes. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO HAVE COUNCILMAN HICKMAN EXTEND A FRIENDLY HAND TO THE ELSINORE WATER DISTRICT AND REPORT BACK Mayor Buckley noted that the Elsinore Water District Meetings are held on the first Tuesdays. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Memorandum of Understanding for the Acquisition of Property within the City of Lake Elsinore for Conservation Purposes. (F:68.1) City Manager Watenpaugh noted that Mr. Sauls and other representatives were in attendance at this meeting. City Attorney Leibold explained that this item was for 598 acres of habitat acquisition; but noted that the issue was raised at the October 12`h meeting regarding the lost opportunities for the east/west transportation corridor in this area. She clarified that this would provide that the land could be acquired but it would not be encumbered for up to six years or until the corridor is sited. She stressed that it would not hamper the ability to design such a corridor. She noted that representatives of the Tri-Valley group were present. Councilman Magee indicated that he needed to thank a few people for this. He noted that this matter came to the Council some time ago, but the Orange County corridor had been neglected. He thanked the City Attorney and Ed Sauls as the property owners representative for his patience. He recognized the staff members at RCTC that worked with all parties to make sure the timing would be appropriate. He thanked Supervisor Ashley for directing his staff to do what they had promised. Page Twenty-Eight -City Council Minutes -November 9, 2004 MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEMORANDUM OF UNDERSTANDING FOR THE ACQUISITION OF PROPERTY WITHIN THE CITY OF LAKE ELSINORE FOR CONSERVATION PURPOSES AND THE ADDENDUM, AND AUTHORIZED THE MAYOR TO EXECUTE THE DOCUMENTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:19 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:25 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, 117 Poe Street, read a story about the relevance of a deck of cards in church. She reminded everyone that the Support the Troops rallies were continuing. She also recognized the birthday of the Marine Corps. Edith Stafford, 29700 Hursh Street, indicated that there were contradictions from the Electoral Reform Committee. She commented that an auditor had never exposed the improprieties the City Treasurer found. She addressed a comment by the City Attorney and the Committee that the Finance Director could do what the Treasurer had done, but stressed that none had exposed what the Treasurer had, such as health and wellness. She noted that the Finance Director had collected Health and Wellness in June and September. She suggested that as the advisor to the Committee, the City Attorney was the culprit to misinterpretations. She requested a revote on the City Treasurer item. She questioned closed session item d, noting that last time the Council voted not to renew his contract; and how there could be no reportable action tonight. City Attorney Leibold indicated that the action of several meetings ago was for a notice ofnon-renewal, but he was continuing to work under that his agreement. She advised that the discussion tonight was continued on his performance evaluation. She commented that with respect to the Electoral Reform Committee, she served as staff to the committee. Page Twenty-Nine -City Council Minutes -November 9, 2004 Woodrow Rogers, 31646 Saddle Ridge Drive, questioned CFD 90-3 and CFD 2003-h, noting that it was his understanding that 2003-h included Summerhill, West Lake Elsinore, 97-b, 97, 90-3 and 90-1, for a total of $30.9 million. He questioned who was paying 90-3. He expressed complete agreement with Mrs. Stafford, noting that he could not believe that the City Treasurer's position should be appointed. He indicated that it had to be someone totally objective, and stressed the need for increased disclosure. He suggested that things were too easy o hide. City Manager Watenpaugh responded that City Treasurer Weber and Administrative Services Director Pressey would be happy to assist Mr. Rogers in obtaining information. Bill Arnold., 31556 Sagecrest Drive, addressed Mello-Roos, noting a public meeting on January 28`h, when he was assured that the increases for 2004-OS would be limited to 2%. He indicated that he got his tax bill and his taxes were up 8.5% this year; and requested information from the City ten days ago, but had not received any information. He indicated that he was concerned about the information because the December 10`h deadline was approaching. He commented that if there was an issue, he would like to prevent having the collection of a very large amount of money. City Manager Watenpaugh indicated that he was not aware of Mr. Arnold's request, but offered to meet with him. Administrative Services Director Pressey indicated that he received Mr. Arnold's call and request for information. He advised that he explained the condition of Mello-Roos, and agreed to have Mr. Anderson explain the maximum tax and special tax. He clarified that in this case the special tax was up to the maximum tax. City Manager Watenpaugh noted the explanation at the previous meeting at Railroad Canyon Elementary School, but indicated that he would follow-up on the questions tomorrow. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that the Council requested a study session on CFD's, and indicated that Administrative Services Director Pressey had been Page Thirty -City Council Minutes -November 9, 2004 working on dates with the Finance Team. He questioned the Council's availability on December 1 S`, 6`h or 13`h, with possible alternates of December 7"' or 14`h. Council consensus was to hold the meeting on December 13`h at 5 p.m. City Manager Watenpaugh indicated that staff would notice the meeting. 2) Thanked the citizens and staff for their calls and letters in his absence. He particularly thanked staff and the Chamber of Commerce for sending flowers. 3) Thanked Jerry Harmatz for his comments. 4) Expressed appreciation to Mrs. Hyland for her years participating in the Main Street event, and noted that things were changing. 5) Noted the comments by Mr. Wise on the public use of the joint use high school. He thanked staff for working with Sharon Lindsay to address the concerns. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Addressed the Electoral Reform Committee, and clarified her role to provide research materials, while the City Clerk served as the minute keeper. She stressed that the Committee Members were capable of making their own decisions. COMMITTEE REPORTS No Reports. CITY TREASilRER COMMENTS Page Thirty-One -City Council Minutes -November 9, 2004 City Treasurer Weber commented on the following: 1) Noted that he met with the Finance Team on November 4th and addressed the Series H bond. He indicated that he found out that the 2003 Series H bonds were issued in 2004, as a refinance of five bonds. He indicated that he would like to request an item at the next meeting, for an audit by an outside firm on this complex issue. He advised that he wanted to go back to 1990 with a series A issue, to find out how things were paid from 1990 to 1997 with the workout plan. He further advised that he wanted to find out how it applied the monies, what was done with the reserve and the 2003 Series H. He indicated that he would request $10,000 which could come from the administrative funds in the bonds. He noted that he understood that there were annual audits, but they were very cursory, when it came to the bonds. City Manager Watenpaugh requested that Mr. Weber meet the Agenda timeline for the next meeting. CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Indicated that he was approached by a representative from Caltrans with concerns about the Costco development and line of sight and drainage in the area. He commented that he did not want to hold that project up, but wanted it to be safe for everyone. 2) Noted that several weeks ago he was advised that the Stadium had undergone a video catalog of the grounds of what was there and what needed repairs. He requested that video be shared with the Council, so they could understand the potential liabilities. 3) Requested a Study Session on Animal Friends, and suggested it needed to be done before the end of December.. He noted that another study session had just been set for December 13th Page Thirty-Two -City Council Minutes -November 9, 2004 4) Requested that staff look at the development of two new possible fees, one to assist with the animal shelter fees and one to begin a construction fund for a new City Hall. He commented that if the Council never started setting funds aside, it would never get started; and stressed that even with the recent changes it was still crowded. 5) Noted a memo from the City Manager regarding the General Plan Consultant, with a time table that ended tonight. City Manager Watenpaugh noted that staff set a meeting for the day he returned, which had been rescheduled to tomorrow. Councilman Magee inquired if it would be ready for consideration on November 23ra City Manager Watenpaugh indicated that it was his understanding it would start in December. 6) Noted an e-mail from Ms. Jamie Francis, and requested a hard copy. City Manager Watenpaugh noted that Information/Communications Manager Dennis had been corresponding with her. He explained that Ms. Francis was on AOL and due to a Spam filter, the information was not getting through. 7) Noted a package of information and photographs he had received showing significant road problems in the four corners area, and requested that the City Manager address the items and get back to Council. 8) Noted the presence of the two individuals regarding the joint use of the library. Suggested that people who still had concerns contact the City Clerk's Office for contact information. Councilman Schiffner commented on the following: 1) Noted the Electoral Reform Committee recommendations and indicated that most of them were pretty good and he would have been willing to accept them as they were, but the Council did some fine Page Thirty-Three -City Council Minutes -November 9, 2004 tuning. He indicated that one he objected to was regarding the dates of elections. He noted that the Committee suggested that starting in 2005, the next two elections would be for terms of three years, shifting the elections to even years. He indicated that he thought that was a good solution, but the majority of the Council requested an ordinance to extend the terms of the entire Council by one year. He stressed that he disagreed with this action and did not vote for it; and suggested that it should be put on the ballot for the citizens to vote on. He expressed hopes that all of the citizens would consider what had been proposed. He indicated that he wanted everyone to know what had happened, as he did not think that it was the right for the Council to extend their term. He stressed that he thought the voters should decide, and indicated that he would continue to push to put that matter on the ballot at the next election. Mayor Pro Tem Kelley commented on the following: 1) Told the Electoral Reform Committee Members that she appreciated their efforts very much. She noted that based on their presentation, it was apparent that they had given thoughtful consideration to all of the issues assigned to them, while being objective and looking at the best interest of the City. She indicated that their lengthy discussion was evident. She commented that she had a couple of issues on this matter that she personally wanted to raise. She indicated that when a committee makes a recommendation, it is generally done in a study session so there is time for questions and responses; followed by a presentation on camera. She advised that she would have preferred that process, because the presentation could have been more in depth than was possible tonight. She suggested that it would have answered more questions. She indicated that the other issue was moving the election, and concurred with Councilman Schiffner. She noted that on one hand, the entire Council voted to put the City Treasurer position on the ballot for public input, but on the other hand, when it came to extending terms it was a 3 to 2 vote to have it Page Thirty-Four -City Council Minutes -November 9, 2004 come back to extend. She stressed that she did not feel comfortable extending the positions, as the voters elected the Councilmembers for four years, not five years. She indicated that the recommendation of the transition was fair to the citizens of the community. She commented that she was disappointed with the motion, but as Councilman Schiffner said it would be coming back to future meetings. She stressed that she would like to hear from the constituents; and noted as a matter of clarification that the City Treasurer's term would be moved also. She noted that the City Treasurer issued would be on the ballot in 2006, and if it stayed elected that would be fine, but if it changed to appointed, it would still extend two years past that, as it would extend the same as the Council, beyond the wishes of the voters. Mayor Buckley clarified that he would stay to the end of his term. Mayor Pro Tem Kelley questioned how far the term would extend. City Attorney Leibold clarified that the term would run to 2008. Councilman Hickman commented on the following: 1) Indicated that if there was an election in 2005 it would be an additional $40,000. He stressed that the whole intention was to save money with even years. 2) Wished everyone a happy Veteran's Day or Armistice Day. 3) Requested information on the retention basin at Pulte Homes. 4) Noted that Ms. Francis was wanting street light due to burglaries in the area. 5) Concurred that the Halloween event was nice. Mayor Buckley commented on the following: Page Thirty-Five -City Council Minutes -November 9, 2004 1) Addressed the discussion of the videotape of the Stadium, and suggested having staff look at what to do with it. 2) Noted the Election Committee issue, and Mr. LaPere's suggested to vote on the term. He suggested the public should also vote on directly electing the Mayor and Districts; but reiterated that the only vote was to be regarding the Treasurer. He indicated that as for shifting the term, it would save money and result in more than double the turnout. He commented that it had nothing to do with extending or decreasing the term. He suggested that if the committee had considered it last year and recommended shortening the terms he would have voted for it just the same. He indicated that the reason the meeting was held on Wednesday was because it took three hours. He stressed that it was very detailed and important to go through the brainwork of the committee. He addressed voting on things by the public, and noted that there was a petition on the same issues, that the Council refused to put on the ballot. Councilman Schiffner indicated that was not the reason it was not on the ballot. 3) Congratulated Harvey Ryan and Phil Williams on their election to EVMWD; and Jeannie Corral and Jon Gray on their Election to the School Board. 4) Announced the Elsinore Grand Prix on November 13th and 14`h, noting that there would be some traffic issues in the downtown area. 5) Thanked Elsinore Middle School and Mrs. Dunlap's Class for inviting him to visit their class. 6) Announced the following upcoming events:. November 18`h Chamber EDC Lunch with Legislative Summit November l9`h and 20`h -Women's Club Melodrama November 20`h: Unity in the Community Run- 7:30 a.m. Page Thirty-Six -City Council Minutes -November 9, 2004 November 20`h Unity in the Community Parade - 10 a.m. December 3`d Winterfest December 5`h Open Air Market December 9`h C.D.B.G Application Deadline 7) Noted that the Chamber of Commerce was still accepting canned food for HOPE; and unwrapped toys and grocery certificates for Cops for Kids and HOPE. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 P.M. MAYOR CITY OF LAKE CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE