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HomeMy WebLinkAbout12-14-2004 City Council Minutes ,- MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 14,2004 ****************************************************************** 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: COUNCILMEMBER: 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, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) (F:40.1)(X:114.13) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC, a California limited liability company. Under Negotiation: Price and Terms of Payment - ! Page Two - City Council Minutes - December 14, 2004 - b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)( C) of Government Code Section 54956.9 (1 potential case) (F:4O.l 0)(X:52.l) c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager (Government Code Section 54957) (F:40.l)(X:46.l) d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk (Government Code Section 54957) (F:40.l)(X:42.l) City Attorney Leibold announced the closed session discussions as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:35 p.m. - RECONVENE IN PUBLIC SESSION 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 School Board Member Jeannie Corral. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, - - Page Three - City Council Minutes - December 14, 2004 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, Fire Chief Gallegos, Lake/Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Elsinore Valley Cap. (F:142.1)(X:64.3) Janna Cass, Director of the Unity in the Community 5k Race, noted that this was their fourth year and the event was getting better. She advised that this year they were able to give more to Cops for Kids, Community Connections and HOPE. She also presented $1,000 to Maureen Davis for the City's After School Program at the Community Center. She commended the City for its support of the race and indicated that she was pleased to provide this funding for the After School Programs. Ms. Davis thanked Ms. Cass for the funding and indicated that this was the fifth year of the After School Program, but noted that it was not specifically funded. B. Presentation - Chamber of Commerce Update. (F:I08.4) Kim Cousins, President and CEO of the Lake Elsinore Valley Chamber of Commerce, wished everyone Happy Holidays. He thanked the community for their support of the food drive and noted that it would end this Friday. He noted an article in the Under the Sun Magazine, indicated that it was good information, which would be continued in the next issue. He advised Page Four - City Council Minutes - December 14, 2004 - that he had provided copies of their latest newsletter. He announced the upcoming Annual Installation Dinner at the Diamond on January 22nd, indicating that it would include their awards ceremony and be an exciting evenmg. CLOSED SESSION REPORT City Attorney Leibold noted the four items listed on the item. She advised that Item D relating to the Performance Evaluation for the City Clerk had been continued to December 28th. She advised that with regard to the Real Property Negotiations on the Campground and the Anticipated Litigation they were both discussed, however there was no reportable action. She announced that with regard to Item C on the Performance Evaluation for the City Manager, the City Manager and City Council had discussed the issue and the City Manager had announced his retirement effective February 4, 2005. She indicated that an agreement had been prepared for placement on the agenda this evening and requested a motion by the City Council. - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADD THE RETIREMENT AGREEMENT AND MUTUAL GENERAL RELEASE WITH CITY MANAGER WATENPAUGH TO THIS AGENDA FOR CONSIDERATION. City Attorney Leibold indicated that she would make the agreement available to the City Clerk as a public record. Mayor Buckley highlighted the general provisions of the agreement, with Mr. Watenpaugh remaining in his position until February 4t\ then receiving ~ of salary and payment of about $74,000 for six additional years of CalPERS retirement. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RETIREMENT AGREEMENT AND MUTUAL GENERAL RELEASE AND DIRECT STAFF TO PLACE AN ITEM ON THE DECEMBER 28TH AGENDA REGARDING POTENTIAL TRANSITION SCENARIOS. - _ Page Five - City Council Minutes - December 14, 2004 City Attorney Leibold indicated that she would have the agreement executed by the Mayor and available with the City Clerk. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Paula Graver, 117 Poe Street, noted her new dog. She commented on the upcoming Saturday Support the Troops Rally, and indicated that it would be special with eight Vietnam Veterans present. She thanked the Unity in the Community parade for the recognition, as the most patriotic unit. She thanked those who had helped her send out 37 gift packages to local troops; and provided her e-mail address for those wishing to have more sent out as Alaskan.angel@fpo.net. Salvador Sepulveda, 31094 S. Wisconsin Street, commented on the condition of Kansas, Lehr and Illinois Streets, noting that he had been there for 48 years and improvements were overdue. He indicated that they voted for landscaping and lights, but still did not have lights, and stressed that they would like to have their area considered for improvements. Mayor Buckley noted that the Council had received photos of the area and questioned if he had met with staff regarding the Pavement Management System. City Manager Watenpaugh confirmed that the information was received and noted that it was scheduled for paving. He offered to call Mr. Sepulveda regarding the timing for paving. Howard Steinbacher, 28925 Red Gum Drive, expressed concern with the Costco site. He explained that the hours of construction, from 8 p.m. to 4 a.m., were causing noise and disruption of sleep for the residents of the eucalyptus grove. He indicated that he was a retired contractor, and he was always restricted in his hours of work. He questioned if this was a violation of the City's noise ordinances and whether the Council was aware of what was going on. He noted that he lived within 800 or 1,000 feet of the area. He questioned why they had been allowed to work at night. City Manager Watenpaugh indicated that when they started the program, it was decided that there would be less disruption and traffic problems if the work was done at night. He anticipated that there would be about two more months of night work, unless the Council wished to change the process. He Page Six - City Council Minutes - December 14, 2004 - stressed that there was the potential for more disruption during the day. Mr. Steinbacher stressed his concern with the noise level. City Manager Watenpaugh indicated that he would be happy to pass the information on, but noted that the developer had offered to provide hotels to help resolve sleep issues because they were moving as quickly as possible to get the work done. Mr. Steinbacher inquired how they got permission to work at night. City Manager Watenpaugh indicated that they were granted approval, due to the day-time traffic concerns. Mayor Buckley commented that the choice was between bad traffic and bad noise. City Manager Watenpaugh apologized for the noise. Mr. Steinbacher inquired if there was a way to slow the work down. Community Development Director Brady indicated that they were reviewing with the contractor, the potential for using strobe lights instead of the back up alarms. Mr. Steinbacher suggested that this would be helpful and stressed the level of noise. Lorraine Watts, 210 N. Scrivener, addressed the 2005 Homeless Census Project, and encouraged everyone to fill out forms and participate. She eXplained that the Homeless Census would be taken all over Riverside County, and stressed the need for input and volunteers. She thanked the City for having the Community meeting last Thursday with the community groups and churches. She indicated that working together on that level would allow for a good census. - John Reid, 21625 Appaloosa Court, Canyon Lake, indicated that he was on the border of Canyon Lake and Lake Elsinore, near Pulte Development. He noted that he met with City Engineer Seumalo today and the Pulte representatives to discuss the issues of grading on the slopes. He advised that he came to report on that meeting and indicated that the most important information was that the slope behind his house was too close to the property line. He indicated that everyone agreed it was done improperly and that it would be changed. He noted that there was also discussion of installing a "v" ditch, street lights and landscaping on the slopes. Ruth Atkins and J.J. Swanson, thanked the community for their support of the Holiday Home Tour. They noted that The Chimes was on the tour and many people were very interested in visiting The Chimes. They indicated that there - Page Seven - City Council Minutes - December 14, 2004 were six others, which were nice as well. They noted that the owners of The Chimes had indicated that it might be open on a more frequent basis in the future. They announced that there would be another fund-raiser with a local business owner for a raffle. They explained that the grand prize winner would get to name a street at the grand opening of the museum. They indicated that raffle tickets were $10 each. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 8, 33 and 35. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.8. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE CHANGE TO THE MINUTES AS REQUESTED BY COUNCILMAN HICKMAN AND COUNCILMAN MAGEE ABSTAINING ON ITEM NO.6. 1. The following Minutes were approved as corrected: a. Joint City Council/RedevelopmentAgency Study Session- November 9,2004. b. Regular City Council Meeting - November 9,2004. c. Special City Council Meeting - November 23,2004. (F:44.4) Page Eight - City Council Minutes - December 14, 2004 - The following Minutes were received and ordered filed: d. Planning Commission Meeting - November 2,2004. (F:60.2) 2. Ratified Warrant List for November 30,2004. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City, submitted on behalf of Cameron Hamilton (CL #2004-11). (F:52.2) 4. Approved Final Map 30493-1, located in the Canyon Hills Specific Plan, subject to City Engineer approval, and authorized recordation. (F: 160.2)(X: 150.2) 5. Approved Final Map 30493-2, located Northwest of Canyon Hills Road, subject to City Engineer approval and authorized recordation. (F: 160.2) - 6. Approved Final Map 30846, located in the Rancho La Laguna Specific Plan, subject to City Engineer approval and authorized recordation. (This item was approved by a vote of 4 - 0, with Councilman Magee abstaining.) (F:160.2) 7. Approved Final Map 31917, located North of Mc Vicker Canyon Park Road, subject to City Engineer approval and authorized recordation. (F:160.2) 9. Adopted Resolution of Intention No. 2004-68, to annex property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax within Annexation Area No.9 (Serenity); and scheduled public hearing for January 25,2005. (F:22.3) RESOLUTION NO. 2004-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE - Page Nine - City Council Minutes - December 14, 2004 AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXATION AREA NO.9 (SERENITY). 10. Adopted Resolution No. 2004-69 initiating proceedings and approving the Engineer's Report for the Annexation of certain territory known as Tracts 30846 and 19344-3 into the City of Lake Elsinore Landscape and Street Lighting District No.1, as LLMD Annexation No.3, declaring the City's intention to order the Annexation and to levy and collect assessments, determining that these proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the right to vote on taxes act, and offering a time and place for hearing objections thereto on January 25, 2005. (F:22.2) RESOLUTION NO. 2004-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACTS 30846 AND 19344-3 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1, AS ANNEXATION NO.3 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 11. Adopted Resolution of Intention No. 2004-70 to establish Community Facilities District No. 2005-1 (Serenity) and Resolution No. 2004-71 to Page Ten - City Council Minutes - December 14, 2004 - incur bonded indebtedness. (F:22.3) RESOLUTION NO. 2004-70 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY). RESOLUTION NO. 2004-71 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $12,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY). - 12. Approved 31 st Year CDBG Senior Center Application, and directed staff to submit it for continued funding in the amount of$35,721. (F:84.2) PUBLIC HEARINGS 21. Annexation No. 71. General Plan Amendment No. 2004-09. Zone Change No. 2004-04. vesting Tentative Tract Map No. 32503 and Mitigated Negative Declaration No. 2004-09. (F:20.2)(F:160.2) . Community Development Director Brady explained this item and the components which related to the annexation of approximately 15.75 acres of land. He advised that it would be required to go through the LAFCO process, as well as a general plan amendment, zone change and tentative tract map process. He advised that the design review would come to the Council at a future date. He detailed the resolutions and ordinance for Council's consideration at this meeting. - Page Eleven - City Council Minutes - December 14, 2004 Mayor Buckley opened the public hearing at 7 :28 p.m. asking those persons interested in this item to speak. There were no public comments. Councilman Schiffner inquired if the four resolutions could be adopted in one motion. City Attorney Leibold indicated that it would be preferable to do one at a time. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-72: RESOLUTION NO. 2004-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-09 FOR THE PROJECT KNOWN AS ANNEXATION NO. 71, GENERAL PLAN AMENDMENT NO. 2004- 09, ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(S) 349-400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-73: RESOLUTION NO. 2004-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 71 (APN(S) 349- 400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006) INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY Page Twelve - City Council Minutes - December 14, 2004 - UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-74: RESOLUTION NO. 2004-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE MAP FOR THE THIRD CYCLE OF THE CALENDAR YEAR 2004, AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 349-400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006 FROM THE COUNTY OF RIVERSIDE "FUTURE SPECIFIC PLAN" (FSP) AND LOW DENSITY TO THE CITY OF LAKE ELSINORE'S GENERAL PLAN DESIGNATION OF LOW-MEDIUM DENSITY SUBJECT TO THE COMPLETION OF ANNEXATION NO. 71. - MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1134, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE- ZONE) NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 349-400- 005,349-430-011 & 012 AND A PORTION OF 349-430-006 TO R-l SINGLE FAMILY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF ANNEXATION NO. 71. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, - Page Thirteen - City Council Minutes - December 14, 2004 BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-75: RESOLUTION NO. 2004-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS ANNEXATION NO. 71, GENERAL PLAN AMENDMENT NO. 2004- 09, ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(S) 349-400-005, 349-430-011 & 012 AND A PORTION OF 349-430-006. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE VESTING TENTATIVE TRACT MAP NO. 32503 SUBDIVIDING THE 15.75 NET ACRE SITE INTO SIXTY (60) SINGLE-FAMILY LOTS. BASED ON THE ATTACHMENTS AND FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: Findings - Mitigated Negative Declaration 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and Page Fourteen - City Council Minutes - December 14,2004 The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. Findings - General Plan Amendment 1. The proposed General Plan Amendment 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 General Plan Amendment 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. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Analysis, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project upon the completion of annexation. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed General Plan Amendment will allow the applicant to develop the site, upon annexation, with the proposed density of 3.80 Dwelling Units/net acre and will in turn bring about a site more compatible with the area known as the Ramsgate Specific Plan. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment, upon annexation, would establish a density more in conformance with the recently Ramsgate Specific Plan to the south and east of the subject site. Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed subdivision as indicated in the "Plan - - - Page Fifteen - City Council Minutes - December 14, 2004 of Services" report. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, staffintends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project, upon annexation, will not have a significant effect on the environment.. Findings - MSHCP 1. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consistent with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, S 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, S 6.1.3), Additional Survey Needs and Procedures (MSHCP, S 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, S 6.3.2), Vegetation Mapping (MSHCP, S 6.3.1) requirements, Fuels Management Guidelines (MSHCP, S 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, S 4). 2. The proposed project is not subject to the Joint Project Review process. The footprint of the project site has been modified to avoid the MSHCP Criteria Area, and therefore, does not now fall within the Criteria Area. This has been made a condition of approval. As a result, the proposed project would not be subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vemal Pools Guidelines. No riparian, riverine, vernal pool/fairy shrimp habitat and other aquatic resources were identified on the proposed project site. As a result, no further MSHCP analysis or conservation measures are required The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Page Sixteen - City Council Minutes - December 14,2004 The project site does not fall within the Narrow Endemic Plant Species Survey Areas. Therefore, habitat assessments and/or focused surveys are not required for Narrow Endemic Plant Species. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site falls within the Burrowing Owl Survey Area. However, it was determined that the species is not expected to occur on-site due to the lack of suitable habitat. To assure burrowing owls will not be impacted by project development, as a condition of project approval, a pre-construction survey will be required before grading to confirm the absence of burrowing owls, as required by the MSHCP. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Measures have been incorporated into the proposed project so that there will be no project-related drainage, toxics, lighting, noise, invasives, barriers, and grading/land development impacts to the Conservation Area. The proposed project is therefore consistent with the Urban/Wildlands Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped. This mapping is sufficient under the MSHCP and is consistent with the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include landscape buffers near the proposed M.SHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be fire-resistant, non-invasive plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. 10. The proposed project overall is consistent with the MSHCP. - - - Page Seventeen - City Council Minutes - December 14,2004 The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. CONDITIONS OF APPROVAL GENERAL CONDITIONS 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, 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 the Tentative Condominium Map, 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 prompdy 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 prompdy notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. ANNEXATION NO. 71 2. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. Page Eighteen - City Council Minutes - December 14, 2004 - VESTING TENTATIVE TRACT MAP NO. 32503 4. Pursuant to Section 66454 of the California Subdivision Map Act (CSMA) Vesting Tentative Tract Map No. 32503 shall not become effective until such time that Annexation No. 71 is approved by the City Council and has received final approval by Riverside County Local Agency Formation Commission (LAFCO), and recorded as territory under the jurisdiction of the City of Lake Elsinore. 5. The conditional approval of Vesting Tentative Tract Map No. 32503 shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards as of the date the Local Agency Formation Commission files and records a Certificate of Completion with the County Recorder. 6. The vested rights shall expire if a fmal map is not approved prior to the expiration of the vesting tentative map. 7. Vesting Tentative Tract Map 32503 shall comply with the State of California Subdivision Map Act and all applicable requirements of the Lake Elsinore Municipal Code, Tide 16 unless modified by approved Conditions of Approval. - 8. The applicant shall comply with all mitigation measures established within the Mitigation Monitoring Program for Mitigated Negative Declaration No. 2004-09 contained herein. 9. Prior to final certificate of occupancy of Vesting Tentative Tract Map No. 32503, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be 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. 10. The applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department, Planning Division. 11. The parcel identified as a "remainder parcel" as shown on the Vesting Tentative Tract Map shall remain undeveloped until such time that the conservation area as identified by the Multi-Species Habitat Plan (MSHCP) for related criteria cell is identified. - Page Nineteen - City Council Minutes - December 14,2004 PRIOR TO FINAL TRACT MAP 12. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the standards of the Section 17.23 (Single-Family Residential District) of the LEMC. 13. The Final Map shall be in compliance with the approved Vesting Tentative Tract Map No. 32503 as stamped approved by the Planning Division. 14. A precise survey with closures for boundaries and all lots shall be provided per LEMC. 15. Street names within the subdivision shall be approved by the Planning Division. 16. The applicant shall comply with all requirements of Elsinore Valley Municipal Water District (EVMWD). 17. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 18. The applicant shall meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting ami including installation shall be the responsibility of the Lighting Landscaping and Maintenance District (LLMD No.1). Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Amended per the Planning Commission December 7, 2004. PRIOR TO ISSUANCE OF GRADING PERMIT 18. The applicant shall be required to submit a Construction Management Plan subject to the approval of the City Engineer and the Community Development Director or designee. 19. The City's Noise Ordinance shall be met during all on site preparation activity. Construction shall not commence before 7:00 a.m. and shall completely cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday and Sunday, or any legal holidays. Page 1\venty - City Council Minutes - December 14, 2004 - 20. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits from the Engineering Division. A Geologic Soils Report with associated recommendations will be required for all grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer. 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. PRIOR TO ISSUANCE OF BUILDING PERMITS 21. The applicant shall submit a Photometric Study which provides analysis of the lighting generated by exterior street lighting. The photometric study shall insure that street lights do not substantially impact the neighboring properties. 22. The applicant shall be required to form a Home Owner's Association (HOA) or join an existing Home Owner's Association for adequate maintenance of common open space and related landscaping. 23. Arrangements shall be made between the City and the applicant for fiscal impacts by the - project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city-wide improvements and facilities relating to fire and police protection and maintenance of roadways, etc. The applicant may fulfill this requirement by annexing into the Community Facilities District (CFD) No. 2003-01 as detailed in Condition of Approval No. 87. 24. All development associated with this subdivision requires separate Design Review consideration and approval by the Planning Commission in accordance with Section 17.82 of the LEMC prior to the issuance of a building permit. 25. House plotting, architectural drawings, floor plans and landscaped buffer areas shall be in substantial conformance with the plans contained herein. All standards of development in effect at the date the applications were deemed complete (August 2, 2004) shall apply for this project. 26. All tract fencing shall be approved subject to Section 17.14.130.D of the Lake Elsinore Municipal Code. A Fencing Plan shall be submitted to the Planning Division for review and approval at the discretion of the Community Development Director. - Page Twenty-One - City Council Minutes - December 14, 2004 27. All trailers and/or mobile homes used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. All trailers and/or mobile homes used during construction shall require a cash bond to guarantee proper removal. PRIOR TO CERTIFICATE OF OCCUPANCY 28. Slopes on individual lots in excess of three-feet in height shall be installed, landscaped and irrigated by the developer. These slopes shall be maintained by individual home owners. 29. All common slopes shall be installed, landscaped, and irrigated by the developer. All common slopes shall be maintained by the established Home Owner's Association. 30. The applicant shall meet all the requirements of the serving gas utility. 31. The applicant shall meet all the requirements of the serving telephone utility. 32. Prior to issuance of a building permit, the applicant shall prepare and record CC&R's against the subdivision. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining the landscape common areas, detention basin(s) and access drive way located between lot(s) 10 and 11. In addition, CC&R's shall established methods to address design improvements. 33. No dwelling unit in the subdivision shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/ or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 34. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. Page 1\venty-1\vo - City Council Minutes - December 14, 2004 - 35. 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. 36. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 37. Three (3) sets of the Final Landscaping/Irrigation 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. c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. 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. f. All landscape improvements shall be bonded 100% for material and labor 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. - Page 1\venty-Three - City Council Minutes - December 14, 2004 g. 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 areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. h. Final landscape plan must be consistent with approved site plan. 1. Final landscape plans to include planting and irrigation details. PRIOR TO ISSUANCE OF A BUILDING PERMIT 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 5. The applicant shall dedicate full width right-of-way for the project frontage of Riverside Street. Right of way width dedication shall be 88-feet with an additional 12-foot easement dedication for roadway purposes. 6. The applicant shall construct full width street improvements along the project frontage for Riverside Street. Roadway section shall measure seventy-four (74) feet from curb face to curb face. Street improvements shall include sidewalk and landscaping as required for the Ramsgate Specific Plan. The existing curb improvements shall be cut and a new drive approach shall be constructed for the three existing lots to remain. 7. The applicant shall provide a 30-foot wide paved access from A-street to the property located westerly of lots 7 through 16. Construct a City standard commercial driveway adjacent to A-street as the entrance to the access road. Page Twenty-Four - City Council Minutes - December 14, 2004 - 8. The applicant shall construct a toe drain along the westerly property line and provide an outlet into the internal storm drain system as a means of conveying the storm water. 9. The applicant shall provide documentation confmning Riverside County's acceptance of the proposed eighty-eight foot (88') road way width. 10. If this tract develops before Tract 25476, Riverside Drive shall be constructed from State Route 74 to the intersection of 'B' Street and Riverside Drive. Construction shall be completed prior to issuance of the 1 st certificate of occupancy. 11. If this tract develops before Tract 25476, the traffic signal at the intersection of SR 74 and Riverside Drive shall be constructed before the 55th certificate of occupancy. 12. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 13. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). - 14. The applicant shall 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 issuance of building permit. 15. 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 issuance of building permit. 16. 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). 17. 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 issuance of Building Permit. 18. The applicant shall 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). 19. All compaction reports, grade certifications, monument certifications (with tie notes - Page Twenty-Five - City Council Minutes - December 14,2004 delineated on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before fInal inspection of public works improvements will be scheduled and approved. 20. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to fInal map approval. 21. The applicant shall make 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. 22. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 23. The applicant shall install blue reflective pavement markers in the street at all fIre hydrant locations within the improvement area. 24. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility unless otherwise approved by the City Engineer. 25. The applicant shall 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. 26. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide fInal soils report showing compliance with recommendations. 27. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 28. 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. 29. 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 import or export material in excess of 2,000 cubic yards. Such routes shall be subject to the review and approval of the City Engineer. Page Twenty-Six - City Council Minutes - December 14, 2004 - 30. The applicant shall provide a photographic baseline record of the condition of all proposed public City haul roads to the City. 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. 31. 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". 32. 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. 33. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 34. The applicant shall meet all requirements of LEMC 15.68 regarding floodplain management. 35. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by _ City Engineer prior to approval of the rough grade plans. Applicant shall mitigate any flooding and! or erosion caused by development of site and diversion of drainage. 36. 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. 37. Roof drains shall not be allowed to connect direcdy through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 38. 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 is exceeded, drainage facilities should be installed. 39. The applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 40. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention 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 including maintenance responsibilities. - Page Twenty-Seven - City Council Minutes - December 14,2004 41. The 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. 42. Education guidelines and Best Management Practices (EMP) 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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 43. The applicant shall provide ftrst flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 44. Intersection site distance shall meet the design criteria of the CAL TRANS 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. 45. 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. DIRECTOR OF ADMINISTRATIVE SERVICES 46. Prior to the issuance of the ftrst building permit, the applicant shall annex into Community Facilities District 2003-01 to offset the annual negative ftscal impacts of the project on public safety operations and maintenance issues in the City. 47. Prior to the issuance of the ftrst building permit, the applicant shall annex into the City- Wide Lighting and Landscape Maintenance District (LLMD) No.1, to offset the annual negative ftscal impacts of the project on public-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. COMMUNITY SERVICES DEPARTMENT 48. The applicant shall pay park fees of$1,600 per unit. Page Twenty-Eight - City Council Minutes - December 14,2004 - 49. The Home Owner's Association (HOA) shall maintain all lettered lots including Lot "c." 50. The HOA shall maintain all natural and manufactured slopes. 51. The HOA shall maintain all perimeter landscaping. 52. The HOA shall maintain all flood control devices and structures including retention basins. 53. The applicant shall contract with CR&R for all construction debris removal as per City Ordinance. 54. The applicant shall provide the City with a digital inventory of all street signs, street markings, street trees and square footage of all streets in format approved by City. RIVERSIDE COUNTY FIRE DEPARTMENT 55. The applicant shall comply with the Conditions of Approval (See Attached) of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. _ MULTI-SPECIES HABITAT CONSERVATION PLAN 56. The applicant shall convry, upon approval of the Riverside Conservation Authority (RCA), a conseroation easement or fee title for the portion of Vesting Tentative Tract Map 32503 (.2 acres) identified as the "Remainder Parcel" to the Riverside Conservation Authority (RCA) prior to the issuance of the grading permit. Added per the Planning Commission December 7, 2004. 57. A pre-construction surory will be required prior to the issuance of a Grading Permit to confirm the absence of burrowing owls as required by the Multi-Species Habitat Conservation Plan. Added per the Planning Commission December 7, 2004. Mayor Buckley closed the public hearing at 7:30 p.m. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1133 - Change In Election Date and Extension of Terms. (F:72.1)(X:44.1) Councilman Schiffner commented that he was still opposed to this change - Page Twenty-Nine - City Council Minutes - December 14, 2004 and would be voting no. Mayor Pro Tern Kelley noted her opposition to this item for the record. MOVED BY HICKMAN, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1133, UPON SECOND 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: KELLEY, SCHIFFNER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. First Reading - Ordinance No. 1135 - Amending Chapter 8.32 of the LEMC regarding Weed and Rubbish abatement. (F:166.1) Councilman Hickman noted that there had been a change with regard to the 45 degree parcels. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1135, UPON FIRST READING BY TITLE ONLY: Page Thirty - City Council Minutes - December 14,2004 - ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WEED AND RUBBISH ABATEMENT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - ABSTAIN: COUNCILMEMBERS: NONE 33. Contract Award - General Plan Update - Mooney-Jones & Stokes - Not to exceed $825.000 with a contingency of $47.544 or 6.1 percent. (F:83.1) Community Development Director Brady explained that this item was for the selection of the consultant to update the General Plan which was last updated in 1990. He further explained that the General Plan is a master plan or road map for the City, as the Council would like to see it fifteen years out. He indicated that it was a very important document for development, with a number of elements required by State law. He explained that as part of the process, due to the unique nature of the City, there were also several elements being considered for inClusion that were not required, such as the Lake Element, Economic Development Element, and Drainage Element. He advised that City staff prepared an RFP, which went to twenty-three consultant firms; and six proposals were presented. He indicated that of those four were found to be appropriate and continued - Page Thirty-One - City Council Minutes - December 14, 2004 in the interview process by staff and Councilman Schiffner. He advised that all four firms were well qualified, but the recommendation was for Mooney-Jones & Stokes, due to their approach. He detailed the recommendations and the funding required. He advised that Brian Mooney, representing the firm, was present at this meeting to respond to questions. Jeannie Corral, 18014 Heidi Lisa, noted that in consideration of this agreement, as a member of the School Board, she would suggest getting together with the School Board. She indicated that generally with General Plan approvals and updates, the School District gets left out in the cold. She noted the rapid growth and indicated that assimilation of land, specific services and buildable land are at a premium. She commented that the calculation of future classes is based on specific numbers and large developments significantly impact the school system. She suggested setting up a time to consider the issues with the School District. She noted the death of Lilah Knight and indicated that she was someone very important to the community. She also commented on the Elsinore Valley CAP parade and commended the volunteer effort. She noted that over 4,000 students participated in more than 100 entries. Councilman Schiffner commented that he attended the interviews; and while the choice of the company was done by the Planning staff, he agreed with the decision. He commented to Mrs. Corral that Community Development would take advantage of any input, even though the City had no input into where schools were placed. Mayor Pro Tern Kelley noted that she was not part of the selection process and invited Mr. Mooney to the podium. She requested a general overview of the process, with an emphasis on the inclusion of other public entities. Mr. Mooney commented that the cornerstone of their practice is the public participation portion of the process; and stressed the importance of feedback. He explained that the citizenry should provide a guide as to Page Thirty-1\vo - City Council Minutes - December 14, 2004 - where the community wants to go. He indicated that the second part of the process is extensive technical analysis. He noted the unique nature of the community, due to the Lake; and explained that biological resources were a key factor in southern California. He indicated that the third focus would be the use of technology, as GIS would allow a wider range of projections. He clarified that the plan would not be created until all of those components were completed. He commented that another aspect of his firm was the use of historical information and noted that the 1990 update included the influx of population on the weekends. He advised that the entire process would take about 18 months, and noted that he would be present in the community. Mayor Pro Tern Kelley inquired if Mr. Mooney would be meeting with the Council. Mr. Mooney indicated that he would start by meeting with staff, but they might decide to do a series of workshops with the Council or some sort of an advisory group. Councilman Magee commented that he was prepared to support this action, but stressed the importance of working within the budget and within the 18 month target. Mr. Mooney indicated that they had a good record of staying on budget. - Councilman Schiffner noted that this consultant had suggested a little different approach. Mr. Mooney noted a project in Citrus Heights, which was a simplified general plan. He noted the voluminous documents of the 1980's and suggested the creation of more user friendly documents, which were condensed into more meaningful documents. He suggested that it would end up with a useable 75 to 100 pages of general plan with clear and concise elements. Mayor Buckley noted that he did some checking with other cities and this firm came in under budget. He concurred that timing was very important and stressed that public involvement was key to this process. MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO SELECT MOONEY-JONES & STOKES AS THE - Page Thirty-Three - City Council Minutes - December 14, 2004 CONSULTANT TEAM TO UPDATE THE CITY'S GENERAL PLAN; AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND AUTHORIZE AN AMOUNT NOT TO EXCEED $825,000, WHICH WILL PROVIDE A CONTINGENCY OF $47,544 OR 6.1 PERCENT TO FUND THE PROJECT. 34. Annual Adjustment of Transportation Uniform Mitigation Fee (TUMF). (F:140.l) This item was pulled from the agenda for further noticing. 35. Public Safety Advisory Commission Status Report.(F:59.6) Public Safety Advisory Commission Chairman Uhlry noted that the Commission was formed and authorized in July, 2004, and advised that they had held five official meetings. He noted the report presented and highlighted the key topics including the Lake Safety Assessment and Citizens Action Patrol. He indicated that one of his primary goals as Chairman was to educate the Commission, and his chairmanship was ending December 31 st. He commented that it had been a very rewarding experience and the Commission was a good group to work with. He commended Commissioner Hewison on his preparation of the report for presentation to the City Coucnil. He noted that they also reviewed the Neighborhood Safety Programs, NET Program, Crime Free Multi-Housing Program and Neighborhood Watch Program. He commented that the Gang Team was one of the most active and knowledgeable; frequently being called as expert witnesses for other cities, due to their expertise. He noted that they had also worked with the Fire Department and Code Enforcement; and commented that it had been a very exciting six months. He noted that there was a need to look at the Ordinance that established the Commission, as the terms of office would appear to be ending, rather than the chairmanship and vice-chairmanship. Mayor Buckley thanked the Commission for their work to date. 36. Meeting of December 28.2004. (F:44.1) Page Thirty-Four - City Council Minutes - December 14, 2004 - Mayor Buckley noted that there was a need to hold the meeting of December 28th. City Manager Watenpaugh confirmed that there were a number of items for consideration at that meeting including the Public Safety Advisory Commission. 37. Reorganization of City Council. (F:44.1) Mayor Buckley noted the process for selection of a new Mayor. Mayor Buckley nominated Councilman Hickman for Mayor Councilman Hickman declined the nomination. Councilman Hickman nominated Councilman Magee for Mayor Mayor Buckley seconded the nomination. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR. - COUNCILMAN MAGEE WAS SELECTED AS MAYOR BY THE FOLLOWING ROLL CALL VOTE: COUNCILMAN HICKMAN VOTED FOR COUNCILMAN MAGEE. COUNCILWOMAN KELLEY VOTED FOR COUNCILMAN MAGEE. COUNCILMAN MAGEE VOTED FOR COUNCILMAN MAGEE. COUNCILMAN SCHIFFNER VOTED FOR COUNCILMAN MAGEE. MAYOR BUCKLEY VOTED FOR COUNCILMAN MAGEE. COUNCILMAN MAGEE ACCEPTED THE SEAT OF MAYOR. Mayor Pro Tern Kelley recognized Mayor Buckley for his year of service as Mayor; and stressed the huge responsibility of this role. She indicated that he had done a good job over the past year and commended his commitment - Page Thirty-Five - City Council Minutes - December 14, 2004 and effort. She presented him with a gavel plaque commemorating his service. City Manager Watenpaugh noted that there would be cake and punch following the meeting. Mayor Magee noted the process for selection of Mayor Pro Tern. Mayor Magee nominated Councilman Schiffner for Mayor Pro Tern. Councilwoman Kelley seconded the nomination. Councilman Hickman nominated Councilman Buckley for Mayor Pro Tern. Councilman Buckley declined the nomination. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CLOSE NOMINATIONS AND DECLARE COUNCILMAN SCHIFFNER, MAYOR PRO TEM. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Acceptance of$3 million Boat Launch Facility Grant. (F:84.1)(X:114.13) Dan Uhlry addressed this item noting there were some very definitive recommendations on the item. He indicated that his primary concern was the safety hazard of the boat launch area. He stressed the need to correct the hazard first. He noted that two alternatives were below the projected cost, the third was right on and the fourth was over, but not by a lot. He indicated that it was all a question of excavation and fill dirt. He suggested accepting the grant to get the project rolling; and bringing it back to the Public Safety Advisory Commission to look at criteria and appropriate alternatives. He suggested a combination of alternatives 2 and 3. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ACCEPT THE $3 MILLION GRANT AWARD AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE STATE OF CALIFORNIA'S DEPARTMENT OF BOATING AND WATERWAYS AND SEND THE Page Thirty-Six - City Council Minutes - December 14, 2004 - MATTER TO THE PUBLIC SAFETY ADVISORY COMMISSION. Mayor Pro Tern Schiffner commented that this item was for consideration of accepting the money and it would come back for further direction. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:19 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, congratulated Mayor Magee on his selection. She indicated that she had nothing to speak on until the Stadium was discussed. She suggested putting the Stadium up for sale for $20 million; and in the meantime, hire a promoter to promote functions. She suggested that a lot of money could be made if promotions were done in an appropriate manner. - CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Thanked the E.Y. Cap and Unity in the Community for the donation to the Community Center. 2) Congratulated the new Mayor and Officers. CITY ATTORNEY COMMENTS No Comments. - Page Thirty-Seven - City Council Minutes - December 14, 2004 COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber congratulated Mayor Magee. CITY COUNCIL COMMENTS Mayor Pro Tern Schiffner commented on the following: 1) Congratulated Mayor Magee. 2) Commented that he opposed an action tonight, on losing the City Manager. He indicated that he voted for the package for his retirement, as he had earned it, ifhe would not continue to be here. Councilman Hickman commented on the following: 1) Offered kudos to Mayor Magee. 2) Thanked the Elks Club for Christmas Tree Lane, and noted that it earned over $15,000 for scholarships. 3) Thanked Elsinore First Assembly for their play. 4) Thanked the community for the donations for the kids, as well as the Hewisons and HOPE. 5) Thanked Calvary Chapel for the pre-Christmas Dinner. 6) Thanked Councilman Buckley for his study session with area ministers and indicated it was an excellent start. Page Thirty-Eight - City Council Minutes - December 14, 2004 - 7) Thanked KB Homes for their donation for furniture to the Historical Society. 8) Noted that there was still time to sponsor a family for Christmas and suggested interested parties call Beverly at HOPE. 9) Wished everyone Happy Holidays. Councilwoman Kelley commented on the following: 1) Congratulated Mayor Magee, and wished him luck. 2) Addressed City Manager Watenpaugh and indicated that it had been a pleasure to work with him for the last eight years, and noted his professionalism. She commented that it had always been a pleasure to serve with him, and noted that there would be a loss of a large knowledge base. She indicated that his leadership had brought the City a long way. She also noted that she would miss his friendship and was sorry to see him go. - Councilman Buckley commented on the following: 1) Thanked everyone for attending the social service volunteer meeting. 2) Thanked Little League for his jacket. 3) Reminded the community that they could apply for the Planning Commission until Friday. 4) Thanked everyone for the opportunity to serve as Mayor. He noted that it had been tough and fun, and a great many hours. He indicated that there was open debate, open access and open minds. He reiterated his thanks for the honor of being Mayor. - Page Thirty-Nine - City Council Minutes - December 14,2004 Mayor Magee commented on the following: 1) Announced the Tiny Tot Program on December 17th at the Cultural Center; and the December 19th Gift Expo at the Diamond Stadium. 2) Commented on City Manager Watenpaugh, indicating that he respects and supports the decision. He commented that it had been a pleasure to work with him and he looked forward to the transition. 3) Noted the December 16th Study Session at 4:30 p.m. regarding the Animal Shelter Study Session. 4) Thanked his colleagues for his selection as Mayor and noted the awesome responsibility. He indicated that he was humbled, flattered and honored by the selection. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:28 P.M. AfES~: \' . (~~ ( j UJM~ VICKI KAS D, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE CITY OF LA GEE, MAYOR ELSINORE /'J ii -f,\) .