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HomeMy WebLinkAbout11-23-2004 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 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, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.9) (F:40.1) Property: 32395 Corydon Street Negotiating Parties: KB Homes and City of Lake Elsinore Under Negotiation: Price and Terms Page Two -City Council Minutes -November 23, 2004 b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.9)(F:40.1) Property: 108 West Heald Avenue Negotiating Parties: B. Taylor and City of Lake Elsinore Under Negotiation: Price and Terms c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION -City Manager (Pursuant to Government Code Section 54957)(F:40.1)(X:46.1) City Attorney Leibold announced the Closed Session Items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:01 P.M. The Closed Session discussion was completed at 6:25 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M. ) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere. INVOCATION -MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY Page Three -City Council Minutes -November 23, 2004 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, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Building & Safety Manager Chipman, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMON)rALS A. Presentation -Country Club Heights Advisory Committee. (F:59.5) Mayor Buckley called the Committee members forward for recognition. He noted that there were five great representatives to be honored. He recognized John Gonzalez, Gary Jacobs and Chairman Ray Tamargo, and noted that Vicki Wallace and Ray Booze could not be present for recognition. He commended them all on a great job. Chairman Tamargo shared this recognition with the Council, for setting up the committee, and thanked the Council for the opportunity to serve. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session to discuss 2 items of real property negotiations on 32395 Corydon and 108 West Heald with no reportable action. She further reported that the Council met regarding the Public Employee Performance Evaluation, with no reportable action. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE J.J. Swanson, 1403 Heald, representing the Lake Elsinore Historical Society, announced that there were two exciting events coming up, being the estate sale in Page Four -City Council Minutes -November 23, 2004 the basement of the Cultural Center on December 4th and 5th starting at 8 a.m. She noted that there had been a lot of donations including four sets of model home furniture; which would be available at wonderful prices. She also announced the Holiday Home Tour of seven homes and historical sites, including the Chimes. She advised that tickets were available from Ruth Atkins at 678-1537. She offered congratulations to Councilman Magee and Gina. Al Lyons announced the December 11th Holiday Boat Parade of Lights on the Lake, and advised that entry forms were available for decorated boats. He thanked Lake & Aquatic Resources Director Kilroy for his efforts to get the parade organized. He indicated that they would have trophies and awards, with the parade launching from Lake Elsinore Marina West. He encouraged interested parties to contact Mr. Kilroy. Donna Franson, 7 Villa Valtelena, noted that no action had been taken on the City Manager tonight, but indicated that their committee had done a survey with findings that they did not want action taken tonight. She indicated that their survey found that people were in favor of waiting for the outside auditor's report. She commented that it was costly to buy out the contract at this time and not a wise move for the City. She encouraged the Council to consider their constituents' opinions. Jerry Harmatz, 512 N. Spring, indicated that he had found a hidden treasure on Main Street, being La Tre Restaurant. He commented that they served a unique, special food and urged everyone to try the restaurant. He indicated that he had $5 discount coupons for distribution. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items, and deferred to those discussions: Item Nos. 33, 35 and 36. Page Five -City Council Minutes -November 23, 2004 CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Councilman Hickman named Cindy Hewison as his representative to the Fire Station Naming Committee. The following Minutes were approved: a. Joint Study Session -October 26, 2004. (F:44.4) b. Regular City Council Meeting -October 26, 2004. The following Minutes were received and ordered filed: c. Planning Commission Meeting -November 2, 2004. (F:60.3) d. Public Safety Advisory Commission Meeting -May 12, 2004.(F:59.6) e. Public Safety Advisory Commission Meeting -June 9, 2004. f Public Safety Advisory Commission Meeting -July 14, 2004. g. Public Safety Advisory Commission Meeting -September 8, 2004. h. Public Safety Advisory Commission Meeting -October 13, 2004. 2. Ratified Warrant List for November 15, 2004. (F:12.3) 3. Received and ordered filed the Investment Report for July-September, 2004. (F:12.5) 4. Approved Disposal of Surplus Electronic Equipment as Scrap. (F:48.1) 5. Authorized City Manager to sign Purchase Order of Phase Two Conversion of Microfiche Records with Bid America in the amount of $17,500. (F:68.1)(X:32.1) 6. Authorized City Manager to Sign Agreement with HDR Engineering, Inc., in the amount of $32,149.00, to Prepare CEQA Compliance Documents for Page Six -City Council Minutes -November 23, 2004 General Plan Amendment No. 2004-06, Zone Change No. 2004-07, Tentative Parcel (Condominium) Map No. 32127, Residential Design Review No.2004-OS and Conditional Use Permit No. 2004-14 for the Project known as the Lakeview Villas. (F:68.1) 7. Authorized City Manager to Approve Cost Amendment No. 1 with HDR Engineering, Inc., in the amount of $66,250, for CEQA Compliance Documents for North Tuscany Hills Project. (F:68.1) 3. Approved waiver of City Bidding Requirement in lieu of County procedure and Authorized City Manager to Approve Purchase Order for Fire Engine Purchase for Canyon Hills Fire Station in the amount of $350,000. (F:127.3)(X:12.1) 9. Authorized Expenditure of $76,878 from Unallocated Revenues for Four _ . Corners Paving Project, including Lehr Drive, Illinois Street, Kansas Street, Nebraska Street and Wisconsin Street. (F:156.2)(X:30.1) 10. Authorized City Manager to proceed with Purchase of three Pickup Trucks and Lease of one Pickup Truck as part of the 2004/2005 Vehicle Replacement Program in the amount of $72,932.28. (F:48.1)(X:30.1) PUBLIC HEARINGS 21. Amended Tentative Tract Map No. 30493 (Canyon Hills Specific Plan). (F:160.2)(X:150.2) Mayor Buckley opened the Public Hearing at 7:12 p.m. Community Development Director Brady advised that this was an amended tract map within the Canyon Hills Specific Plan. He explained that this modification was requested due to an outcropping of rock encountered during the grading. He indicated that it would allow for seven additional residential lots and one additional open space lot. He noted that the new project would have 440 total lots with 401 single family lots of increased size. Page Seven -City Council Minutes -November 23, 2004 Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Buckley closed the Public Hearing at 7:14 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDED TENTATIVE TRACT MAP N0.30493, BASED ON THE ATTACHMENTS AND THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, Ciry Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the Ciry's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, wi(1 pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. Page Eight -City Council Minutes - November23, 2004 CONDITIONS OF APPROVAL PLANNING DIVISION CONDITIONS GENERAL 1. Amended Tentative Tract Map No. 30493 will expire two years from date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Amended Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, CommerciaUInstitutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Amended Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003-02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific document and Amended Tentative Tract Map No, 30493. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on aproject-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction shall meet all Riverside County Fire Deparhnent standazds for fire protection and Page Nine -City Council Minutes -November 23, 2004 any additional requirements requested by the County Fire Department (see attached comments from Fire Department dated October 1, 2004). 11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PRIOR TO FINAL TRACT MAP 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: • Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. Page Ten -City Council Minutes -November 23, 2004 • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap azound the side elevation and be flush with the front return walls. • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter walls around the subdivision shall be of decorative masonry concrete block 20. Design for all drainage basins proposed with Amended Tentative Tract Map No. 30493 shall be approved by the Ciry Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMITS 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the CommuniTy Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall ensure compliance of said program. 24. The applicant shall comply with the following CiTy programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. Amended Tentative Tract Map No. 30493 shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. Page Eleven -City Council Minutes -November 23, 2004 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare aCommunity-Wide Wall Plan for the entire Canyon Hills area. 32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap azound the side elevation and be flush with the front return walls. 33. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. 38. All signage shall be subject to Planning Division review and approval prior to installation 39. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. Page Twelve -City Council Minutes -November 23, 2004 40. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 43. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/or HOA. 44. The applicant shall comply with applicable requirements of the Riverside County Flood Control and Water Conservation District and their letter dated October 6, 2004 (attached). ENGINEERING DIVISION CONDITIONS 45. Provide detention/desalting basin for the difference in storm runoff between the developed and undeveloped flows caused by project, unless previously provided. 46. Dedicate and improve full width of Hillside Drive. Street improvements shall be consistent with Canyon Hills Specific Plan. 47. Dedicate and improve full half-width of Canyon Hills Road. Street improvements shall be consistent with Canyon Hills Specific Plan. 48. Dedicate and improve full width of internal streets. Street improvements shall conform to Canyon Hills Specific Plan standards for local street cross sections. 49. No parking shall be allowed on project frontage of Canyon Hills and Hillside Drive. Applicant shall provide for `No Parking' signage for these streets on the street improvement plans. 50. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), TUMF, encroachment permit fees and inspection fees associated with the project and its development. Those fees that are exempted by the Development Agreement shall apply. 51. Desirable design grade for local streets should not exceed 9%. The maximum grade of IS% should only be used because of design constraints. Page Thirteen -City Council Minutes -November 23, 2004 52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53. The applicant shall install permanent bench marks in compliance with Lake Elsinore Municipal Code 16.32. 54. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event a study is not required, a certified letter from a geologist or geotechnical engineer shall be provided. 55. 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. 56. Tentative Tract Map 30493 shall be subject to all applicable conditions of approval of Tentative Tract 23848 (Canyon Hills Development) and the approved Specific Plan. 57. Pay all Development and Plan Check fees (LEMC 16.34, Resolution 85-26). 58. Submit a "Will Serve" letter to the City Engineering Departrnent 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. 59. All grading of open space lots or hillside adjacent to lots or roadways shall be secured with long term erosion control measures including a maintenance plan. 60. Lettered lot A, B and C shall be owned and maintained by a homeowner's association. ' 61. The applicant shall construct all 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). 62. Street improvement plans and specifications shall be prepared by a Calif. 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). 63. The 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. 64. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %z" x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. Page Fourteen -City Council Minutes -November 23, 2004 65. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 66. 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. 67. Provide fire protection facilities as required in writing by Riverside County Fire. 68. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 69. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 70. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 71. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 72. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 73. Grading plans shall be prepared by a California Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. Grading plans shall show all drainage patterns. 74. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall also provide a final soils report showing compliance with recommendations. 75. 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. 76. 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. 77. 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". Page Fifteen -City Council Minutes -November 23, 2004 78. 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. 79. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. The applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 80. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 81. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system; the wording and stencil shall be approved by the City Engineer. 82. 10-yeaz storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities shall be installed. 83. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 84. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Boazd for their storm water 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. 85. 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 set the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 86. "E" Street is on the inside of a curve and will only be permitted when adequate sight distance is verified by a registered civil engineer. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 87. The width and turning radii of private streets must be approved by Riverside County Fire Dept. prior to final map approval. The private streets must be wide enough with sufficient turning radii to accommodate a city trash truck. 88. Canyon Hills Road and Hillside Drive shall be improved as specified in the Canyon Hills Specific Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections and/or driveways for safety prior to the first certificate of occupancy. Page Sixteen -City Council Minutes -November 23, 2004 89. The applicant shall provide a homeowner's association with CC&R's for maintenance of the open space. 90. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 91. Applicant shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists. In the event significant historic material is discovered, it shall be removed before grading occurs. 92. 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, clear and grubbing or all other phases of construction. 22. Amendment No. 1 to Tentative Parcel Map No. 303951ocated on Pasadena Street from Central Avenue to Third Street. Assessor Parcel No.(s) APN 377-140-017 & 019. (F:110.2) Mayor Buckley opened the Public Hearing at 7:15 p.m. Community Development Director Brady explained that this project would subdivide six lots to twelve lots on Pasadena Street, between Central/Third and the Outflow Channel. He advised that a portion of the project would be developed by Near Cal Corporation, and as part of the existing agreement, the improvements to Pasadena Street would be completed. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Buckley closed the public hearing at 7:16 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDMENT NO. 1 TO TENTATIVE PARCEL MAP N0.30395 BASED ON THE FOLLOWING FINDINGS AND Page Seventeen -City Council Minutes -November 23, 2004 EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. PLANNING DIVISION Amendment No. 1 to Tentative Parcel Map No. 30395 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Amendment 1, of Tentative Parcel Map No. 30395 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. 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, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No. 30395, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the CiTy. 4. Prior to final map approval of Amendment 1, of Tentative Pazcel Map No. 30395, the improvements specified herein and recommended approved by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be Page Eighteen -City Council Minutes -November 23, 2004 submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of a building permit. (Amended per Planning Commission, November 16, 2004) 8. Pay all applicable park fees in force at time of issuance of building permits. 9. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 10. The applicant shall meet all requirements of the providing electric utility company. 11. The applicant shall meet all requirements of the providing gas utility company. 12. The applicant shall meet all requirements of the providing telephone utility company. 13. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. 14. All development associated with this map. requires sepazate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. 15. Prior to issuance of any grading permit or building permit, sub-divider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 16. Prior to issuance of building permit the applicant shall submit a Sign Program for the entire complex. This Program shall include size, location and color restricts for each building. The program shall include size, location and color for any monuments signs. 17. The applicant shall record a CC&R that provides for irrevocable reciprocal pazking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC&R shall be approved by the Community Development Director prior to building permit. J Page Nineteen -City Council Minutes -November 23, 2004 18. The applicant shall provide an access road to mitigation or Flood Control for the purpose of vector control. ENGINEERING DIVISION 19. 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. 20. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26); including traffic mitigation fees applicable to square footage of industrial building area and the drainage fee. 21. 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. 22. Construct all 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). 23. Street improvement plans and specifications shall be prepared by a Calif. 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). 24. 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. 25. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 26. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/i' x 11" Mylaz) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 27. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 28. 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. 29. Provide fire protection facilities as required in writing by Riverside County Fire. 30. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Page Twenty -City Council Minutes -November 23, 2004 31. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 32. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 33. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 34. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 35. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards 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. 36. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 38. 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. 39. 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". 40. 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. 41. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 42. The applicant shall meet all requirements of LEMC 15.68 regarding floodplain management. 43. No structures can be built in the floodway. For structures built in the flood plain, the finish floor Page Twenty-One -City Council Minutes -November 23, 2004 elevation must be at or above the base flood elevation. 44. The applicant shall provide FEMA elevation certificates prior to certificate of occupancies. 45. The floodway and floodplain must be designated on the final map. 46. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 47. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 48. All drainage structures outletting into the Outlet Channel must receive approval from the Riverside County Flood Control District. 49. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 50. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped azea when ever feasible. 51. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of--way. When either of these criteria's are exceeded, drainage facilities should be installed. 52. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 53. Provide Phasing Plan for the site and Pasadena Ave. for the City Engineer's approval 54. Applicant shall cause to be recorded a CC&R, applicable to lots one through five (1-5), which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R shall enforce standazds of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. (Amended per Planning Commission, November 16, 2004) 55. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water 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. Page Twenty-Two -City Council Minutes -November 23, 2004 56. 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 met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 57. Intersection 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. 58. In accordance with the City's Franchise Agreement for waste disposal & 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, clear and grubbing or all other phases of construction. BUSINESS ITEMS 31. Second Reading -Ordinance No. 1131 -Zone Change NO.2004-11 -Best Western Hotel. (F:58.2) MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1131, UPON SECOND READING BY TITLE ONLY: 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 Twenty-Three -City Council Minutes -November 23, 2004 MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readine -Ordinance No. 1132 -Amended and Restated Development Agreement with Castle & Cooke. (F:68.1) MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1132, UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH CASTLE & COOKE 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 Page Twenty-Four -City Council Minutes -November 23, 2004 33. Request by City Treasurer Weber to Approve a Financial Audit of 2003 Series H Bond, Issued on October 1, 2003 - $10,000. (F:49.1)(X:24.1) City Treasurer Weber explained that this would be the first of this type of audit on any outstanding bonds, and noted that this was about a $31 million bond. He indicated that it would track the financials on the bond, although the history was already known. He clarified that it would show the money flows and the developers that had come in and gone out of the process. He noted a letter from the Debt Advisory Commission, stating that they were in support of this action, as it was always best to have a second set of eyes to look at these matters. He suggested a time line that would complete the process by the end of March, and noted that the City's Bond Counsel would help with the money trail to give the auditor a good head start on the process. He stressed that this was a good action for the City. Edith Stafford, 29700 Hursh, indicated that she was in support of the audit. Councilman Magee thanked the City Treasurer for his involvement and work, and Administrative Services Director Presley and his staff for working with the Treasurer. He questioned how the payment comes out of the bond to pay for these services. City Treasurer Weber indicated that Mr. Presley was more aware of this process, but it was possible to take it out of the administrative portion. He explained that the bonds included a reserve account, the bond fund and the administrative account. He noted that the administrative account also pays the fiscal agent, etc.; and indicated that it was a pretty common practice to do so. Councilman Magee inquired if this was a self monitoring mechanism. Administrative Services Director Presley confirmed. Councilman Magee thanked Mr. Weber and Mr. Presley for their efforts. Councilman Schiffner suggested that the City's own staff could provide all of the information on this issue and probably had. He indicated that he did not think that spending another $10,000 would explain it any better; so he expressed opposition to the audit. Page Twenty-Five -City Council Minutes -November 23, 2004 Mayor Pro Tem Kelley questioned the recommendation which says, ".....authorize the office to write and distribute the request for proposal.." She indicated that she believed it should come from Administrative Services Director Pressey's office. City Treasurer Weber indicated that he would be working with Mr. Pressey on it, but will be looking for some specific items. Mayor Pro Tem Kelley questioned the appropriateness of that participation. City Treasurer Weber suggested that Mr. Pressey might not include everything he wants included. Mayor Pro Tem Kelley questioned the request for proposal and if Mr. Pressey would be working with Mr. Weber to write them. Administrative Services Director Pressey indicated that basically as a matter of practicality he and Mr. Weber would be writing the request and they would jointly mail it out and come up with the list of firms. Mayor Pro Tem Kelley stressed that she wanted to be sure it was a joint effort, and that the Council would get a copy before it was sent out. She indicated that it was also her understanding that the process of the audit would involve the financial team of Rod Gunn and Don Hunt as part of the whole process. Administrative Services Director Pressey confirmed that both were supportive of the audit and would be doing a large part of the legwork based on specific questions. He noted that they came up with a few additional points for review. He explained that the independent auditor would review the summary and determine that it was prepared correctly. He stressed that the financial team was onboard with the whole process. Mayor Pro Tem Kelley stressed that she wanted them onboard. Councilman Magee indicated that he wanted to make sure the RFP included not only a request for findings, but also a request for recommendations on how to proceed and appropriate next steps. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 4 TO 1 WITH SCHIFFNER CASTING THE DISSENTING VOTE TO APPROVE $10,000 TO PERFORM THE AUDIT OF 2003 SERIES H BONDS ISSUED ON OCTOBER 1, 2003, AND AUTHORIZED THE CITY TREASURER'S OFFICE IN COOPERATION WITH CITY STAFF TO WRITE AND DISTRIBUTE A REQUEST FOR PROPOSALS FOR Page Twenty-Six -City Council Minutes -November 23, 2004 AUDITOR SELECTION. 34. 211 Referral System- $3,761.(F:68.1)(X:140.1)(X:127.1) Mayor Buckley explained that this would be similar to the 911 system for government agencies, but served volunteer agencies and community service resources. He suggested that instead of knowing the number of the Braille Institute, someone would ca11211 and be hooked up directly. He noted that it would also address public health issues. He advised that the system would be paid for by each City, at a rate of $.13 per person, or for Lake Elsinore at a rate of $3,761 per year until the next census. He noted that the matter came up to WRCOG for consideration, and would soon be in operation in Los Angeles, Ventura, San Diego, Orange, San Bernardino and Riverside Counties. He advised that service was anticipated to begin on July 151, but was already in operation in a number of other states. He noted that it was suggested that this would reduce the number ofnon-emergency calls received by the 911 system. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE PARTICIPATION IN THE 211 REFERRAL SYSTEM AND ALLOCATE $3,761 FROM THE UNALLOCATED RESERVES FOR THE CITY'S FINANCIAL PARTICIPATION. 35. Ordinance No. 1133 -Amending Section 2.08.025 of the Lake Elsinore Municipal Code, Changing the Date of the City's General Municipal Election and Adding Section 2.08.026 Providing for the Extension of Terms. (F:72.1) City Attorney Leibold explained that the Electoral Reform Committee was established and asked to evaluate and make recommendations on about seven different issues. She further explained that they made their recommendations and the City Council directed her office to prepare two items as soon as possible. The first being this ordinance to change the election date from November odd numbered years to November even Page Twenty-Seven -City Council Minutes -November 23, 2004 numbered years. She noted that municipal laws allow cities to establish varying election dates including this consolidation. She explained the process, noting that this ordinance would be effective 30 days after adoption. She clarified that it proposed shifting future elections starting in November, 2006, which would postpone the 2005 election and extend the terms of all current elected officials. James Judziewicz, Electoral Reform Committee member thanked the Council for the Electoral Reform Committee and thanked Mayor Pro Tem Kelley for his appointment. He indicated that it was an educational experience and advised that the Committee took time and did a great job in finding out what was best for the City. He clarified that the Committee did not recommend the changes as being considered tonight. He explained that they saw the value of even numbered years, but not of extending terms by one year. He stressed that the Committee did not vote for anyone to be there for three or five more years. He requested that the Council reconsider that issue, and noted that Councilman Magee was the swing vote on it. He commented that this would be a 25% increase in the elected official terms. He stressed that the Committee presented a better way to get to even years, and encouraged the public to ask the committee how they would have structured the transition. He commented that it would have increased some costs, but would far outweigh taking away the right of the people to elect someone to a specific term. Donna Franson, 7 Villa Valtelena, commented that this was another matter on which they surveyed their membership. She noted that several people questioned the legality of this change. She indicated that a few members had no problem with extending the terms, until they learned the cost to send out notices to registered voters. She noted that others were concerned with a special meeting that was not televised. She requested that the Council consider the constituents when voting. City Attorney Leibold clarified the fiscal impact change would be about $6,000 with notices to about 12,000 registered voters. She further clarified Page Twenty-Eight -City Council Minutes -November 23, 2004 that the notices would be required no matter when the change occurred. Councilman Schiffner commented that the Council appointed the Committee with the intention of getting recommendations from them. He concurred with Mr. Judziewicz that the Committee gave this long and hard consideration and came back with a reasonable suggestion that would not have impacted anyone. He suggested that it was a bit arrogant of the Council to extend their terms by a year. He expressed hopes that the Council would reconsider this recommendation by the Committee. He indicated that he did not approve of the ordinance as presented. Councilman Hickman indicated that he could not see voting each year, and noted that it would save about $40,000 an election. He also noted that it would draw a higher voter turnout. He stressed that this action was a benefit for the community. Mayor Pro Tem Kelley repeated what was said at the special meeting, that each Councilmember appointed someone to the committee and gave them seven tasks to study, which they did very competently. She indicated that they came back with thorough and competent suggestions, including elections in 2005, 2007 and 2008. She commented that while it was one more election, it would phase the change in and the voters would know the term they were voting for. She stressed that the current elected officials were elected for four year terms, not five year terms. She noted that there seemed to be no problem with spending money on fireworks and other things, and there should not be a problem with spending money to give the people a voice. She suggested that the Committee proposal was fair and did not change the terms. She indicated that she could not support this ordinance. Mayor Buckley commented that regarding the shift to 2006 and 2008, he was discussing the change in 2001 and he would have been just as happy to have seen the change last year. He stressed that it was all about increasing participation in local elections. He indicated that the overriding point was Page Twenty-Nine -City Council Minutes -November 23, 2004 to make the civic body healthier through increased participation. He stressed the need to stop the sense of disconnect with City Hall, and suggested that this would do an incredible service for decades to come. He expressed support for the change. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1133, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.025 OF THE LAKE ELSINORE MUNICIPAL CODE CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND ADDING SECTION 2.08.026 PROVIDING FOR THE EXTENSION OF TERMS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: KELLEY,SCHIFFNER NONE NONE 36. Resolution No. 2004-67 - Giving Notice of Intent to Submit to the Qualified Electors a Proposed Measure Relating to the Elimination of the Office of Elected Treasurer in Favor of an Appointive Office.(F:72.1)(X:49.1) City Attorney Leibold noted that there was a recommendation for change in the Resolution title discussed at the Study Session. She read the corrections for the record. Mayor Buckley noted that this Ballot Measure would occur Page Thirty -City Council Minutes -November 23, 2004 at the election in 2006, but the City Treasurer would serve his complete term. Chris Hyland, 15192 Wavecrest, noted that several years ago there was a park assessment on the ballot and a group of citizens defeated it by 80%; and advised that a new group would be working to defeat this matter by 99%. She noted that in the past the Treasurer had not been given any material to research, but Mr. Weber had been a light in the sky and a watchdog. She encouraged those against this item to contact Edith Stafford at 245-5704, and stressed that they would be working diligently to keep the City Treasurer an elected office. Mayor Buckley noted the ballot question as it would be listed on the ballot. Mayor Pro Tem Kelley noted another recommendation from the Electoral Reform Committee, and indicated that this was taking the vote to the ballot, which she supported. She commented that the voters would have the right to decide if the position should be appointed or elected. She expressed her support for this action. Mayor Buckley commented that this was discussed at the November 3`d meeting that went on for three hours. He indicated that he did not want to short the committee on time to go through the material. He noted that he abstained on this item at that meeting. He indicated that he agreed that the voters should participate at all levels, but supported an elected City Treasurer without question. Councilman Hickman requested clarification that if this did not pass, the position would stay as it was. City Attorney Leibold confirmed. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 3 TO 1 WITH HICKMAN CASTING THE DISSENTING VOTE AND BUCKLEY ABSTAINING TO ADOPT RESOLUTION N0.2004-67: Page Thirty-One -City Council Minutes -November 23, 2004 RESOLUTION N0.2004-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, GIVING NOTICE OF INTENT TO SUBMIT TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED MEASURE OFFERING THE VOTERS A CHOICE AS TO THE SELECTION OF THE CITY TREASURER EITHER BY ELECTION OR BY APPOINTMENT. 37. Applications for Planning Commission.(F:60.2) City Manager Watenpaugh explained that this item was to move forward with applications and advertise, so when Mr. Ryan resigns his position to go to the Elsinore Valley Municipal Water District Board, there will be a group of individuals to interview. He noted that this would prevent a long vacancy on the Planning Commission. Mayor Buckley congratulated Harvey Ryan on his election and noted that it was not possible to serve as both a Planning Commissioner and a Water Board Member. City Attorney Leibold confirmed and clarified the incompatibility of offices. Mayor Buckley noted that Mr. Ryan would be allowed to continue on the RDA Committee. He advised that City Hall would start taking applications immediately and continue until December 17~'. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH ADVERTISEMENT FOR APPLICATIONS. THE CITY COUNCIL MEETING WAS RECESSED AT 7:53 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:56 P.M. Page Thirty-Two -City Council Minutes -November 23, 2004 PUBLIC COMMENTS William Arnold, 31556 Sagecrest Drive, thanked the Council for their efforts on the Mello-Roos taxes to provide the citizens of Summerhill the monies from Wasson Canyon. He indicated that this would assist them with their overburdened taxation. He thanked them for their decision in that direction. He noted an article in the Californian quoting the Mayor on his support of the motion, but commented that it was currently conditional on the matter, as it said "most of the funds". He expressed concern as to what other activities the funds would be dedicated to. Mayor Buckley indicated that the vast majority would be so directed, but the Council had yet to approve the disbursement of the money, and explained the balancing that would need to occur. He stressed that it would all have to come back to the Council for consideration. Mr. Arnold indicated that it was great work, but there was still a lot more to be done. He noted that City Treasurer Weber had done a great job, but there was a lot more to do. He indicated that he felt there were funds that could be liberated that could help reduce the indebtedness, and with diligence, those funds could be uncovered if they existed. Woodrow Rogers, 31646 Saddle Ridge Drive, read the description of a CFD from the California tax web page. He indicated that he took a drive to Wasson Canyon to look at CFD 90-3, and noted that $4.1 million was authorized in 1990 for infrastructure in the area. He advised that he did not see the infrastructure and questioned where the money was spent. He commented that the whole bond in 1990 became a major issue for defaults in later bonds. He questioned if the funds went back into the general budget or the reserve fund. He concurred with City Treasurer Weber that an audit of the bonds was needed. City Manager Watenpaugh clarified that out of the $4.1 million, $2 million was authorized for grading and improvements. He further clarified that Mr. Gunn and the Finance Team have worked to restructure the funds. He offered to run the numbers, but concurred that it was very complicated. He indicated that it had been upside-down, but was now coming into fruition. He commented that it was hoped that there would be about $1 million to help offset the other districts. He noted that the repayments would be coming to Council for approval. Mr. Rogers Page Thirty-Three -City Council Minutes -November 23, 2004 noted that the public did not read bond issues, and he only became interested due to the extreme tax burden. He indicated that he was delighted to have a treasurer who was not obligated to anyone. He stressed the importance of a qualified person serving as treasurer. Mayor Buckley noted that qualifications for office for general law cities were not allowed. City Attorney Leibold confirmed that the only qualifications to seek elected office were being 18 years of age and a registered voter in the jurisdiction. Mayor Buckley commented that a lot of the bonds in the late 1980's were dirt bonds, but fortunately, the City had not issued any dirt bonds. He concurred that what happened in the past was reprehensible, but it had not happened in years. He noted that a lot of other cities did get into the dirt bond business. City Attorney Leibold noted that many cities had the expectation that development was on the rise, but the market bottomed out. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted the Christmas boat parade and the need for judges. He inquired if the City Council members were available, and indicated if they were not, it would be open to Commissioners. 2) Indicated that he had visited with the Mayor regarding the General Plan update. He advised that six proposals were received, staff had reviewed them and would like to set up interviews the week of December 6`h. He suggested that Councilmembers Magee and Schiffner might like to sit in with staff on the interviews. Mayor Buckley clarified that this would not be asub-committee, but rather they would interact and get a feel for the proposals, without a formal recommendation. He suggested that it would just give the Councilmembers a comfort level. City Manager Watenpaugh indicated that. he would follow-up with the Councilmembers. Page Thirty-Four -City Council Minutes -November 23, 2004 3) Advised that there would be an issue coming up regarding the Princess and its rising and lowering in the water and displacement of fuel. He indicated that he would discuss it with the Attorney and representatives, and the Council might have to take action to get it out of the water soon. Mayor Buckley questioned if staff would know the cost by the 14th. City Manager Watenpaugh indicated that he could try for the 14~'. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Thanked those that voted for the audit, and expressed hopes that it would be completed by the end of March. He stressed that there would be a timeline and the process would be very businesslike. 2) Addressed the Canyon Hills Development and the road that will go into Murrieta. Indicated that he discussed it with Mr. Stringer and there was the possibility of a gate to prevent a huge amount of traffic. He suggested that staff look at limiting the accessibility. 3) Noted the past drowning and expressed hopes that the fence was still visible and secure in the area. Mayor Buckley indicated that he believed that the fence was still in place. Lake & Aquatic Resources Director Kilroy confirmed that the temporary fencing was still in place.. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Advised that he attended the dedication of Elsinore First Assembly's new facility, and indicated that it was a beautiful service and facility. 2) Indicated that if anyone was interested in adopting a family for the holidays or making a donation to HOPE, they could contact Bev Page Thirty-Five -City Council Minutes -November 23, 2004 Mumphries. 3) Suggested if anyone knew a family in need of Thanksgiving Dinner could also call Bev Mumphries at HOPE. 4) Reminded the community of the Chamber of Commerce Food and Toy Drive. 5) Noted the Unity in the Community SK Race, and indicated that there was a group from the Bikini Beach Club and detailed their results. He advised that the parade was also enjoyable. He offered kudos to all who participated. 6) Wished everyone a Happy Thanksgiving. Councilman Schiffner commented on the following: 1) Noted that he watched the Unity in the Community parade this year and was thrilled with the event. He commented that it was truly something to be proud of. 2) Wished everyone a Happy Thanksgiving. Mayor Pro Tem Kelley commented on the following: 1) Concurred that the Unity in the Community parade was a wonderful event, and noted that she walked with her class. 2) Congratulated Councilman Magee and Gina. 3) Wished everyone a Happy Thanksgiving. 4) Noted that they had about 3 inches of snow at her home on Sunday and it stayed most of Monday. She commented that it was a nice Page Thirty-Six -City Council Minutes -November 23, 2004 welcome to the holidays. Councilman Magee had no comments. Mayor Buckley commented on the following: 1) Thanked Jeannie Corral and the volunteers for the Parade and Race, and noted that they were truly fun_ 2) Announced the Holiday Home Tour on December 11th from 11 a.m. to 3 p.m., and noted that the tickets were available at the museum or Collectors Corral. 3) Announced the following upcoming events: December 3`d - Winterfest December 5th - Open Air Market December 11th -Breakfast with Santa December 11th -Holiday Boat Parade of Lights 4) Noted that Cops for Kids and HOPE were asking for food and toys to be dropped off at the Chamber, HOPE or the Police Station. 5) Advised that the contract had been signed with Conrad & Associates the outside auditing firm, and indicated that they would be starting work on Monday. 6) Announced that the City would be hosting a meeting on December 9th for social service organizations to serve as a networking session to put them together with the churches for mutual benefit. He suggested both sides could help each other to better serve the community. He noted that staff would be sending out letters next week. 7) Wished everyone a Happy Thanksgiving. Page Thirty-Seven -City Council Minutes -November 23, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:16 P.M. TEAS BU EY, MAYOR CITY OF ELSINORE 'VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE