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HomeMy WebLinkAbout01-14-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARy 14, 2003 *x~~~*:~:~~,~*:~~*:~~~*:~~~:~~~:~*~~~:~*:~~:~~*:~~~~~~*:~,r~:~,~:~~~:~~~~~:~*~~:~~~*~~:~ CALL TO ORpER The Regular City Council Meeting was called to order by Mayor Brinley at 5:20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis, Lake Operations Manager Kilroy and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore v. Elsinare Valley Municipal Water District (Riverside Superior Court Case #35961). (F:52.2)(X:164.1)(X:40.1) PAGE TWO - CITY COUNCIL MINUTES - JANUARY 14, 2003 g. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LTTIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 549569 (1 case). (F:52.1)(X:40.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:21 p.m. The Closed Session discussion was completed at 6:55 p.m. RECONVENE PUBLIC SESSION (7:00 p.mJ Mayor Brinley reconvened the Regular City Council Meeting in public session at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Police Chief Walsh. INVOCATION Mayor Brinley led a Moment of Silent Reflection. ROL.~ PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE PAGE THREE - CITY COUNCIL M~NUTES - JAN CTARY 14, 2003 Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Acting Fire Chief Shymanski, Police Chief Walsh, Information/Communications Manager Dennis, Lake Operations Manager Kilroy and City Clerk/Human Resources Director Kasad. PRESENTATIONS A. Presentation - Business of the Quarter. (F:70.1)(X:56.1) Mayor Brinley indicated that Mayor Pro Tem Schiffner had requested to present this award, because he liked the food and ate there regularly. Mayor Pro Tem Schiffner called Kevin & Jan Vyse from Annie's Restaurant, forward for presentation. Mayar Pro Tem Schiffner detailed the service provided by Annie's Restaurant. He noted that Annie's was under British ownership and had increased their business by 425% since they started in February, 2001. He explained the difficulties they had encountered in the Visa process; but stressed that the City was fortunate to have a business like Annie's. He presented the Business of the Quarter plaque to Kevin & Jan Vyse and displayed the perpetual plaque which hangs in City Hall. He expressed his personal recommendation of Annie's Restaurant. Mr. Vyse thanked the City for this recognition and the community for making him feel welcome. He commended his employees and expressed pride in accepting this recognition. B. Presentation - Chamber of Commerce Update. (F:108.4) Chris McColley, Chamber of Commerce Executive Director, provided an update including the following: PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 14, 2003 1) Wished the Community a Happy New Year and congratulated the Council on the recent reorganization. 2) Detailed the Calendar of Events for the year including: a. Installation Dinner on February 8> at the Diamond Club at 6 p.m. b. Golf Tournament on May 2"d at Menifee Lakes Golf Course. c. Student of the Year on June 3 at the First Assembly of God Church. d. Reverse Drawing in July at the Diamond Club. e. EDC Anniversay Lunch on September l lth at 11:30 a.m. 3) Noted the ongoing events as follows: a. 5tudent of the Month lunches the last Tuesday of each month at Sizzler Restaurant at Noon, with the next one being January 28~'. b. EDC Lunches on the 2°d Thursday of each month February to November, with the next one being February 13th at the Diamond Club. She noted that the Business of the Month was concurrent with this event. a Chamber Mixers on the 4th Thursday of each month February to October from 5:30 to 730 p.m. 4) Announced that the area maps would be completed in the Spring. 5) Provided and update on the website hits, noting that the total hits for the year 2002 was 3,335,552, and stressed the interest level in the community. PAGE FIVE - CITY COiTNCIL MINUTES - JANUARY 14, 2003 6) Advised that they were looking forward to a busy year and suggested interested parties contact the Chamber at 245-8848 or the website at www. levcc.org C. Introduction of New Employees. (F:116.1) Community Services Director Sapp introduced Graffiti Removal Technician Greg LeGault, noting that he would be kept very busy. He indicated that Mr LeGault had previously worked for the State at Lake Perris. He noted that Mr. LeGault was very talented and would be of great assistance in the community. Mayor Brinley welcomed Mr. LeGault to the community and expressed hopes that he would enjoy his work with the City. Mr. LeGault thanked the Council for the opportunity to serve the community. Community Development Director Brady introduced Parking Enforcement Officer Brian Scofield, noting that he had already written several tickets. He noted that Mr. Scofield's family was present with him at this meeting, and advised that he had previously been employed by North County Transit District. Mayor Brinley welcomed Mr. Scofield to the community and expressed hopes that this was a good opporiunity with lots of challenges for him. Mr. Scofield indicated that he was honored to work for the City. He introduced his wife Laura and children Andy and Courtney. Acting Fire Chief Shymanski introduced new Fire Department Staff including: Jeff McMillan, Engineer at the Downtown Station. Greg Moore, Downtown Station John Walker, Uptown Station 85 Firefighter Brummel who transferred in from Wildomar Nikko Vasques who transferred in from the County area to Station 85 Martin Lawler who also transferred in to Station 85 PAGE SIX - CITY COUNCIL MINUTES - JANUARY 14, 2003 Chief Shymanski noted that the new Station 85, had made a big difference in response times. Mayor Brinley welcomed the staff on behalf of the Council and community. CLOSED SESSION REPORT City Attorney Leibold announced that the above listed items were discussed in Closed Session with no reportable action. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 38 CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6 and 10. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: (F:44.4) a. Joint City Council/Redevelopment Agency Study Session - November 26, 2002. b. Regular City Council Meeting - November 26, 2002. a City Council Study Session - December 3, 2002. PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 d. Joint City Council/Redevelopment Agency Study Session - December 9, 2002. e. Joint City Council/Redevelopment Agency Study Session - December 10, 2002. f. Regular City Council Meeting - December 10, 2002. g. Special City Council Meeting - December 10, 2002. The following Minutes were received and ordered filed h. Planning Commission Meeting - December 3, 2002. (F:60.3) 2. Ratified the following Warrant Lists: (F:123) a. December 16, 2002. b. December 31, 2002. 3. Received and ordered filed the Investment Report for November, 2002. (F:12.5) 4. Rejected and referred to Claims Administrator for handling the Application to Submit Late Claim Against the City - Verizon Communications, Inc. (cL#aooz-is~. ~F:s2.2~ 5. Accepted Low Bid for Lake Patrol Boat, Trailer and related equipment from Design Concepts in the amount of $45,000. (F:92.1)(X:127.2) 7. Adopted Resolution No. 2003-02 - Recommending that the Southern California Association of Governments be identified as the designated recipient of Federal Urbanized Area Formula Funds for the Temecula- Murrieta Urbanized Area. (F:108.12) PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 14, 2003 RESOLUTION NO. 2003-02 A RESOLUTION OF THE CITY OF LAKE ELSINORE RECOMMENDING THAT THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS BE IDENTIFIED AS THE DESIGNATED RECIPIENT OF FEDERAL URBAIVIZED AREA FORMULA FUNDS FOR THE TEMECULA-MURRIETA URBANIZED AREA. 8. Declared Computer Equipment as surplus per listed dated January 14, 2003. (F:651) 9. Approved Final Parcel Map 30787, subject to City Engineer's acceptance as being true and correct; and autharized acceptance of dedications and recordation of map. (F:110.2) 10. Granting Easements in Back Basin to EVMWD. (F:164.2) PUBLIC HEARINGS 21. Tentative Parcel Map 30832 Abbacv Holding Corporation. (F:110.2) City Manager Watenpaugh highlighted this item, noting that it was a financial map to allow them to move forward with development. Community Development Director Brady explained that this item involved a 7.47 acre parcel at the corner of Summerhill and Canyon Estates Drive. He advised that the proposed map would divide the parcel into nine commercial parcels ranging from 22,651 to 44,867 square feet. He noted that there was a question with regard to Condition 18 regarding the Railroad Canyon fee payment, which is required at the time of map approval. He explained that the applicant had requested that this be changed to the time of issuance of PAGE NINE - CITY COUNCIL MINUTES - JANUARY 14, 2003 building permits. He advised that there was also an issue on the overlap between the Railroad Canyon Fee and the Traffic Mitigation Fee, so there would be a slight adjustment in the Traffic Mitigation Fee. Mayor Brinley opened the public hearing at 7:26 p.m., asking those persons interested in this item to speak. William Kipp, Applicant, 361 #C Railroad Canyon Road, indicated that he was contacted by the City Engineer this morning indicating that there had been a clerical error in the calculation of the Railroad Canyon fee, and rather than $20,000, it would be about $160,000. He expressed understanding and concurrence with this change. He commented that he believed it was necessaty to clarify that the Railroad Canyon Road fee should be paid at the building permit issuance for each parcel on a pro-rata share. He reiterated that there would be nine maps, so the fee should be divided between them. He indicated that this change should be reflected in Condition 18, including that the "owner" shall pay all fees. He indicated that Condition 21 had a typo and should read "The City shall require the applicant to complete......" He addressed Condition 25 regarding the $335 per square foot fee, which would have some reduction due to the Railroad Canyon fee. He suggested that this condition be split into two separate paragraphs one regarding the traffic signal and one regarding the impact fee. He suggested Condition 54 to read "Traffic Impact fee shall be paid at issuance of building permit", with it being removed from Condition 25. He indicated that this was not a change to the requirements, but just for clarification. He indicated that the balance of the conditions as presented were acceptable. Community Development Directar Brady confirmed that the Railroad Canyon fees were $158,600, rather than $20,000. He indicated that he was not sure what was requested for Condition 54, but the Traffic Mitigation Fee would be reduced slightly. Mayor Brinley questioned the proposed Condition 54. Community Development Director Brady indicated that he PAGE TEN - CTTY COUNCIL MINUTES - JANUARY 14, 2003 was not sure why an additional Condition would be necessary, as it addressed in Condition 25. Councilman Buckley requested clarification that Mr. Kipp was merely requesting a deferral in when the fees are paid. City Manager Watenpaugh confirmed. Mr. Kipp further confirmed that they would be paid at building permit, not map approval; as this was generally the owner's responsibility and there would be nine separate lots with potentially nine separate owners. Councilman Buckley inquired if this was correct. Community Development Director Brady indicated that it was not a problem and the fee could be divided on a pro-rata share. Councilman Buckley inquired if this involved the piece of property with the sign indicated that there were no TUMF fees, and if this meant the City fee or the County fee. Mr. Kipp confirmed it was the same piece of property and noted that it meant the Riverside County fees Councilman Buckley questioned the anticipated uses. Mr. Kipp indicated that he had two or three interested parties, including a medical building, a gas station/car wash and mini-mart. Councilman Hickman noted his personal use of Summerhill Drive, and indicated that he was glad to see that the traffic light would be going in. He offered Mr. Kipp an opportunity to further clarify Condition 25. Mr. Kipp indicated that Condition 25 needed to be clarified as there were two subject matters in one paragraph. He indicated that the $3.35 fee would be paid by the owner of each lot at Building Permit; however Abaccy was responsible for the traffic light, and if there was the possibility of reimbursements. He stressed that these were totally separate issues. Mayor Brinley questioned the possibility of making it Condition 25.a. Mr. Kipp indicated if the Condition was read by a potential buyer, they would not know that they were responsible for the traffic fee; and would probably question if Abaccy was putting in the light and getting reimbursement. He stressed the need to clarify the issues. Community Development Director Brady concurred with the possibility of Condition 25 a. Mr. Kipp suggested that an additional Condition 54 would be much clearer. Councilman Hickman indicated that PAGE ELEVEN - CITY COUNCIL MINUTES - JANUARY 14, 2003. he would just like to see them develop the corner, and questioned the phasing. Mr. Kipp indicated that this would just be the first level of the lot, with three more levels to come later. Councilman Hickman inquired if Mr. Kipp had potential uses for the others. Mr. Kipp confirmed. Councilwoman Kelley indicated that it was nice to see it coming in and nice to see development; and she was particularly glad to hear about the possibility of a bank or a medical building. She indicated that she had no problem with this item or the requested Condition 54. She expressed support far the request. Mayor Pro Tem Schiffner indicated that he had no objections to the modifications, if they would give the applicant a comfort level. He indicated that he would support the changes, and he had no problem with the project. Mayor Brinley indicated that she was glad to see that the property would be developed and go up quickly. She indicated that she had no problem with the proposed amendment if it provided a comfort level far the developer. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 30832 BASED ON THE FOLLOWING FINDINGS, EXHIBIT ~~A", "B" AND `C', AND SUBJECT TO THE CONDITIONS OF APPROVAL WITH MODIFICATIONS TO CONDITIONS 18, 21, 25 AND 54 AS DISCUSSED. Mayor Brinley closed the public hearing at 7:40 p.m. 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 PAGE TWELVE - CITY COUNCIL MINUTES - JANUARY 13, 2003 uses and programs specified in the General Plan. 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. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Conditions of Approval PLANNING DNISION 1. Tentative Parcel Map No. 30832 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. Tentative Parcel Map No. 30832 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinare 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. 30832, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 6649937, 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 PAGE THIRTEEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, orhold harmless the City. 4. Pay all applicable fees including park fees in force at time of issuance of building permits. 5. Prior to final map approval of Tentative Parcel Map No. 29235, 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. 6. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 7. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 8. The a~isa~t owner shall pay applicable fees and obtain proper clearance from the Lake Elsinare Unified School District (LEUSD) prior to issuance of building permits. 9. The applicant shall provide connection to public sewer for each lot within the subdivision priar 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. Meet all requirements of the providing electric utility company. 11. Meet all requirements of the providing gas utility company. PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 12. Meet all requirements of the providing telephone utility company. 13. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 14. All development associated with this map requires separate 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, subdivider shall sign and complete an"Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 16. This subdivision shall comply with all applicable Mitigation Measures incorporated within Mitigated Negative Declaration No. 00-01 subject to approval of the Community Development Director or Designee. ENGINEERING DIVISION 17. 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. 18. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26). The Railroad Canyon Rd. fee is $2158,600. and can be paid at building permit at pro-rata share per lot. The K-ray fee is $3,735. K-rat fees can be paid at building permit at $415.00 per lot. 19. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements ha~e been made for this project. Submit this letter prior to final map approvaL 20. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 work. 21. The City shall require the applicant to complete the public improvements along the frontage of Parcel Map 30832 on Canyon Estates Drive and Summerhill Drive prior to certificate of occupancy. 22. Dedicate additional right-of-way for a standard corner cutback for the future curb return at the northeasterly corner of parcel2. 23. The remaining parcel shall be designated by a lettered lot, that is owned and maintained by a property owners association. 24. The lots adjacent to Summerhill Dr. shall have their access restricted to right turn-in and right turn-out only on Summerhill Driveto the extent such access is granted by the City Engineer. 25. Developer shall design and construct a traffic signal at Summerhill Drive and Canyon Estates Drive. The City shall enter into an agreement withAbbacy Holding Corp. for reimbursement if the traffic impact fee for the project is less than the total cost for installing the traffic signal. The traffic impact fee will be $3.35 per sq. ft. of building for commercial and $1.26 per sq. ft. of building for office. The traffic signal shall be operational at the first certificate of occupancy for any building on Parcel Map 30832. 26. 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. 27. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 28. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public warks improvements (LEMC PAGE SIXTEEN - CITY COiTNCIL MINUTES - JANUARY 14, 2003 12.08 and Resolution 83-78). 29. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 30. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 31. Provide fire protection facilities as required in writing by Riverside County Fire. 32. The center line of the private street shall be offset with the center line of Boulder Vista Drive, no more than 10 feet. 33. The width and radii ofprivate streets must be approved by the Riverside County Fire prior to final map approval. The radius of private streets must be shown on the tentative map. 34. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 35. 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.This does not include the Traffic Signal. 36. 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. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 37. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plansigned and stamped by a Cali£ Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards ar 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. 38. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 39. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 40. 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. 41. 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". 42. 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. 43. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 44. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 45. 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. 46. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 47. A drainage acceptance letter will be necessary from the downstream private property owners or drainage easement owners for outletting the proposed stormwater run-off ^^ ^r~°°*° ^r^^°r*° ^r onto property offsite. 48. 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 far post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 49. 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. 50. Driveway access shall be limited on Summerhill Dr. as noted on the Conceptual Site Plan, but in no case no more that 2 driveways will be allowed subject to the approval of the City Engineer. 51. Applicant shall cause to be recorded a CC&R 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 standards of PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 14, 2003 building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 52.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. 53. Assessment District 90-1A and 89-1 shall be reapportionedas to the benefit spread and this shall be paid by the developer. 54. The traffic impact fee shall be paid at building permit. BUSINESS ITEMS Mayor Brinley suggested moving Item No. 38 to the first Business Item, as there were a number of requests to address it. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADDRESS ITEM 38 AS THE FIRST BUSINESS ITEM. COUNCILMAN BUCKLEY LEFT THE MEETING AT 7:41 P.M. COUNCILMAN BUCKLEY RETURNED TO THE MEETING AT 7:43 P.M. 38. Proposed Comprehensive Water Management Agreement. (F:68.1)(X:92.1)(X:164.2) City Manager Watenpaugh addressed the agreement for consideration and noted that it had been under negotiation and discussion for the previous fourteen months. He gave an overview of the parties involved in the negotiation process and presentations scheduled by Assistant City Attorney Van Blarcom and Lake Operations Manager Kilroy regarding the positive PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 14, 2003 aspects of the Fill and Operate Agreement. He noted that the City and EVMWD had been at odds for quite some time about the Fill and Operate ~ Agreement in regard to the water level of the Lake; however a lawsuit filed by the City in May 2001 brought the City and EVMWD together to negotiate the agreement further. He noted the representatives from the City and EVMWD who were present and available to provide additional information. He presented an overview of the highlights of the issues and costs addressed by the agreement. City Manager Watenpaugh noted that the lawsuit with EVMWD would "go away" when the agreement was approved and signed. He gave an overview of the benefits to the City and EVMWD, as well as the community. He noted that the agreement provided conditions that the City and the Agency could comply with. He noted that the costs for supplemental water and the island wells would be split between the City and EVMWD. Assistant City Attorney Van Blarcom highlighted the proposed agreement. He noted that the purposes of the agreement were to clarify and restate the present obligations of the City and the District with respect to the use of San Jacinto river flows; domestic, municipal and industrial uses in the district area; recreational use of Lake Elsinore; and the fish and wildlife. He advised that the agreement made good use of the San Jacinto river flows. He indicated that the agreement gave the terms for the City and the District in order to work together to provide supplemental water supplies and maintain the lake level. He indicated that the agreement covered the issue of the lake level in the event that the natural river flow was insufficient and provided the process for replenishment. He noted the provisions included in the agreement and the changes in the provisions from the previous Fill and Operate Agreement and the Tilley Agreement. He stated that the agreement preserved the historic natural river flow. He provided an overview of the provisions addressing the operation of the island wells. He noted the establishment of the Lake Maintenance Fund, wherein each party would contribute equal amounts of money to set aside for specific purposes, including to purchase water, pumping costs, reclaimed water costs, the cost to deliver supplemental water to the Lake or other Lake related purposes PAGE TWENTY-ONE-CITY COUNCIL MINUTES-JANUARY 14, 2003 that both parties agreed were necessary. He explained the additional provisions of the agreement which pertained to the wetlands, mediation and arbitration. John Thorton, Engineer and Hydrologist for Psomas and Associates addressed a letter he wrote which explained a computer model and how the gauges measured water flow. He gave an overview of the gauges used in other areas of the Santa Ana River and how they analyzed the water levels and flow. He provided a brief history of the flow rates in the area and how they were monitored. He gave an overview of the provisions in the agreement addressing acre-feet of water to be diverted into the lake. Lake Operations Manager Kilroy commented that the agreement was positive for the Lake and the community. He provided an explanation of the history of the drought and flooding in the area. He noted the differences between the agreement presented to Council and the Tilley agreement, placing an emphasis on the shared responsibility of maintaining the lake level. He stated that it was a"blue ribbon" day for the City and he absolutely supported the intent of the agreement. Peter Dawson, South Shore Property Owners Association, 18010 Grand Avenue, requested an answer to a question he posed at the study session at 4:00 p.m. He noted that the agreement had far-reaching impact on the community and the entire valley; therefore the people should have time to comment on it. He asked for time to receive comments from surrounding government agencies as well as local residents. He indicated that the agreement did not specify a minimum lake level and it was nebulous. Garry Grant, Meadowbrook area, 27068 Jarvis Street, expressed concern with the financial burden of the Lake. He stated that Council would pass this item without a vote of the people and the people were the ones who would pay for the Lake. He noted the history of the Lake and the financial burdens to the City and the water district. He stated that the cost for reclaimed water PAGE TWENTY-TWO-CITY COUNCIL MINiJTES-JANUARY 14, 2003 would be tremendous and the people should vote on the potential costs involved. Ron LaPere, 16867 Wells St., requested clarification as to who would absorb the cost of any water which flowed over Canyon Lake Dam from natural causes. He noted excerpts from the agreement which provided a potential for future litigation. He stated that all parties involved had done a fabulous job on the agreement, with the exception of some of the legal wording used which needed clarification. Leroy Tucker, 3532 Cherry Blossom, noted that he had reviewed the agreement. He stated that the agreement did not provide any obligation to the Water District for future maintenance to the Lake. He indicated that the Water District was not providing the City with enough financial assistance. Kris Andersen, EVMWD, thanked all parties involved for bringing forth the agreement. She noted the e~ensive time it took for the development of the agreement. She indicated that nobody would be charged in the City of Lake Elsinore for any water that flowed over Canyon Lake Dam. She noted that prior agreements addressed issues from the past. She stated that she would prefer to work together to resolve the issues of the water quality in the Lake, and a positive way to do that would be to use the money for the Lake as opposed to attorney bills associated with the aforementioned agreements. Phil Williams, EVMWD President, commented that it was a historic evening. He noted that under prior agceements there were obligations that could not be met. He indicated that the Water District could not make water and he gave an overview of how the District managed water issues. He noted that the District was adamant about water conservation. He noted the quality of the wells which were being considered. He stated that the District did not intend to modify the rights of the residents regarding their water. He noted that Lake Elsinore was the largest fresh water lake in Southern California and it came with a considerable value. He gave an overview of PAGE TWENTY-THREE-CITY COUNCIL MINUTES-JANUARY 14, 2003 the working relationship with the City, EVMWD and LESJWA and the benefits of that relationship. Assistant City Attorney Van Blarcom addressed the concerns of Mr. LaPere regarding water levels cresting Canyon Lake Dam. He indicated that EVMWD would not benefit from any water that flowed over the Dam. He addressed the use of the word "may" in the agreement and stated that the wording was appropriate in the context of the agreement for settlement of the lawsuit. City Manager Watenpaugh noted that the issue of recycled water would be discussed further in an item later in the meeting. Assistant City Attorney Van Blarcom addressed the concerns of Mr. Dawson regarding the lawsuit between the City and EVMWD. He confirmed that the agreement was a settlement to that lawsuit. He noted that it was an important first step far the two entities, which have battled in the past, to step up and agree to work together and create a fund for the issues of the water rights and the Lake. City Manager Watenpaugh noted that the new agreement differed from the Tilley agreement in that the new agreement addressed the funds to purchase water and the Tilley agreement did not address the actual water. He confirmed that the state had put money into the Lake at one time, however the City wanted to have the lake funding issues under local control. He addressed the concerns of Mr. Tucker regarding the funds needed to fill the lake. He noted that the City would ensure that the lake level would be stable; however Mother Nature would be responsible for filling it. He addressed the issue of lawsuits the City was involved in and stated that the Council was trying to avoid lawsuits to save money. He addressed the issue of riparian landowner rights and noted that those who had them would continue to have them. PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-JANUARY 14, 2003 City Attorney Leibold addressed the issue of the language in the agreement. She indicated that she did not object to the language used in the agreement. She confirmed that those with riparian rights would not be impacted, however the intent not to affect those rights would be addressed by a separate action of the Council. She addressed the provisions of the Lake Maintenance Fund, noting that they had been adequately addressed in section 4.10 of the agreement. Assistant City Attorney Van Blarcom gave an overview of the documents and letters submitted for the record to the City Clerk from agencies and attorneys involved in the agreement. These included a letter from John Thorton, Psomas Engineering dated January 9, 2003; a staff report; copies of the agreement; two letters from the Law Offices of Richards, Watson and Gershon out of their Brea office and a letter from Mr. James Markman of behalf of Pete Dawson, one which stated that the City needed to follow CEQA before approving said agreement; a letter which requested that specific language was inserted into the document which stated "neither this agreement nor any action taken to implement this agreement is intended to affect whatever rights riparian landowner may have to the use of the waters of Lake Elsinore." He advised Council to insert that language into the agreement if they were considering approval. He gave a brief summary of the California Environmental Quality Act and their requirements far a settlement agreement. He noted the purposes of the agreement and the exemptions which apply to the agreement. He indicated that the main request from CEQA would be public involvement and that was the reason for the discussion at this meeting: Mayor Brinley thanked Councilmember Kelley and Mayor Pro Tem Schiffner for their contributions to the subcommittee for the negotiations of the agreement and she thanked the subcommittee for their participation. Councilmember Kelley noted that the lake had needed stabilization for a long time, and the Council and community had worked hard to find a PAGE TWENTY-FIVE-CITY COUNCIL MINUTES-JANUARY 14, 2003 resolution for that issue. She noted the impacts of lack of funds and resources, and the non-working relationship with EVMWD. She stated that the City had agreements from the past that did not remedy the situation and the lawsuit was a result of those. She stated that the commitment to a resolution to the issue of water came from cooperation between the City and EVMWD, due to the diligence of EVMWD, the City, and the attorneys. She thanked all parties involved in the creation of the agreement for their commitment and support. Mayor Pro Tem Schiffner noted the negative comments from people who made assumptions about prior agreements. He stated that although the agreement would be an improvement, it was not meant to fill the lake, only to help. He stated that nature was ultimately responsible for filling the lake; the agreement was intended to maintain a level of 1,240 feet. He noted that the requirements of the previous agreements were impossible to meet. He indicated that the difference between those agreements and the new settlement agreement was the level of cooperation between the City and EVMWD. He expressed his support of the agreement and requested support from all members of Council. Councilman Hickman noted that the City had reached a historical moment due to the partnership and commitment between the City and EVMWD to come to an agreement regarding the Lake. He indicated that riparian rights would not be taken from the people. He noted that the settlement would be going to a judge for a final decision. He stated that the new agreement was an improvement from the prior agreements, and indicated that his main concern was for the people of the community, and the lake generated income for the City and the potential for higher property values. He noted his concern and desire to see the Lake thrive. Councilman Buckley addressed Mr. Grant's request of a vote by the residents of the City and indicated that since there was no new tax imposed or new levy, there was no need far the City to require a vote by the public. PAGE TWENTY-SIX-CITY COUNCIL MINUTES-JANLTARY 14, 2003 City Attorney Leibold clarified that the funds were allocated and not generated from new taxes; and therefore the City Council could approve the allocation of funds to maintain the Lake. Councilman Buckley commented that the City could have held a joint town hall meeting in order to hear the concerns of the people in regard to the agreement. He noted the County's involvement and non-involvement. He stated that the Lake was natural and not a reservoir therefore there was no guarantee that the level would be maintained by Mother Nature. He noted the bad blood which previously existed between the City and EVMWD and their commitment to the same residents. He stated that the lake level directly impacts property values and if it dried up, people would move away. He noted that the County residents would benefit from the agreement, so the County should contribute to the fund. He expressed his support for the agreement. Mayor Brinley addressed the use of funds as described in the agreement. Assistant City Attorney Van Blarcom indicated a change in the verbiage would state that the money would be spent on "such other lake related purposes" and that would be a minor change. Mayor Brinley noted that times had changed since the Tilley, and the Fill and Operate Agreements were adopted. She gave an overview of the study Mr. Thorton performed and indicated that the Council and EVMWD realized that due to the climate and drought conditions, the Lake needed constant maintenance and treatment in order for it to flourish. She stated that the Lake was the economic engine of the valley, and indicated that the community was proud to ha~e it so close to their homes. She stated that was the reason people moved to Lake Elsinore and they needed to keep it from receding further. She commended the ability of the City and EVMWD to come to a mutual agreement and maintain a positive relationship. She asked PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-JANUARY 14, 2003 if Assistant City Attorney Van Blarcom felt it was in the best interest of the City to move forward with the agreement as presented. Assistant City Attorney Van Blarcom indicated that he had reviewed many agreements and records pertaining to the history of the Lake and he whole- heartedly recommended that the City enter into the agreement with EVMWD. He stated that it was beneficial in that it forced the City and EVNIWD to work together to ensure that the Lake was a viable recreation facility for the City and there was suitable supply of water for the community. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT AND AUTHORIZE THE FOLLOWING ACTIONS: 1) THAT BASED ON THE INFORMATION PRESENTED TO COUNCIL THE APPROVAL OF THE AGREEMENT IS EXEMPT FROM CEQA AND DIRECTED STAFF TO FILE A NOTICE OF EXEMPTION; 2) THAT THE MINUTES OF THIS ACTION REFLECT THAT THE COUNCIL FINDS THAT NEITHER THIS AGREEMENT NOR ANY OTHER ACTION TAKEN TO IMPLEMENT THIS AGREEMENT IS INTENDED TO AFFECT WHATEVER RIGHTS A RIPARIAN LANDOWNER MAY HAVE TO THE USE OF THE WATERS OF LAKE ELSINORE; AND 3) AUTHORIZED THE MAYOR AND THE AGENCY'S CHAIl2PERSON TO EXECUTE THE AGREEMENT SUBJECT TO THE MODIFICATION OF SECTION 4.3 TO ADD THE WORDS "LAKE RELATED" PROPOSES AND SUBJECT TO ANY OTHER MINOR MODIFICATIONS THAT MAY BE APPROVED BY THE CITY ATTORNEY. Mayor Pro Tem Schiffner addressed Phil Williams, Kris Andersen and Ron Young and noted that he had enjoyed working with them on this matter. PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-JANUARY 14, 2003 Councilman Buckley commented that at the neat meeting, the Council would make the declaration of the riparian rights more formal. He requested a resolution to codify that declaration. Mayor Brinley concurred. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:05 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:15 P.M. 31. Main Street Closures/Street Fairs and Cruise Nights. (F:62.1) City Manager Watenpaugh noted that one or two business owners were present from Main Street. He indicated that this matter had been discussed at a City Council Study Session and staff had conducted a public meeting with the merchants regarding relocating cruise night and a change in the time of day. He reminded the Council that staff was asked to meet with the cruise night sponsor and discuss the issues. He advised that the sponsor indicated that rescheduling the time of day would prevent the majority of the people from attending, as they were otherwise committed. He further advised that with regard to relocation, most of the people are drawn to Main Street for its quaint characteristics. He expressed understanding of the difficulties the events create for the businesses and noted that staff inet with La Tre to offer marketing assistance, but they are now doing better and have opened a second business downtown. He noted that the Street Fair did not seem to be as big an issue, as most merchants like it on Main Street, but would like more staff supervision of the vendors. Councilwoman Kelley noted that she would have liked to reach a copromise between those for and against the events. She further noted the various meetings that were held and there just didn't seem to be a compromise or middle ground. She indicated that she understood that the Street Fair was cleaned up before the dinner house, so there would be no impact on the PAGE TWENTY-NINE-CITY COUNCIL MINUTES-JANUARY 14, 2003 restaurants. She commented that as far as Cruise Night, it was very beneficial and brought a lot of people downtown. She indicated that she would support keeping Cruise Night as it was. Councilman Buckley concurred with Councilwoman Kelley that it was an issue of a neighbor dispute that would never be pleasant for everyone. He suggested that while keeping things essentially the same, a couple of things could be done to reduce the concerns. He noted that while the streets are closed, participants set up chairs and tables on the sidewalk, and they could be reminded to use the street side and not block the entrances to the businesses. He indicated that with the Street Fairs, some additional and better vendors were needed. He suggested that staff police it for six months or so. He also suggested that signs with specific parking lot information be placed during the event. He noted that while the Street Fairs are in the daytime, the Cruise Nights go into the evening and it might be wise to consider hiring security to wander around and assure that there are no problems. Councilman Hickman noted that he was the liaison to the Downtown Merchant's Association, and commented that they had an annual budget of $35,000 a year to promote the City. He further noted that the Cruise Nights had been very successful, and on June 28`~' would bring Bill Haley & the Comets to the City. He stressed the amount of money the events generate for the area. He indicated that he would work on them for better vendors. He noted that there was a long wait to get into Guadalajara on Cruise Night, and it promoted the City. Mayor Pro Tem Schiffner commented that this was a`ho win" situation for the Council because there was a disagreement between people on the street, and it is Council's job to do what was best for the City. He suggested keeping things as they are, and use economic gardening to assist businesses with their concerns. He also supported doing whatever was possible to assist for a while. l PAGE THIRTY-CITY COUNCIL MINUTES-JANUARY 14, 2003 Mayor Brinley commented that the question came down to what the majority wanted, and the maj arity was in favor of the events. She commented that these events bring the walk in traffic and promote the businesses. She noted that the promoter of Cruise Night distributes 30,000 to 40,000 flyers a year promoting the event in Lake Elsinore. She commented that it was difficult to ask someone to stop promoting the City. She indicated that he had met separately with some of the merchants, and the decision had been left to the Council. She indicated that she would support the staff recommendation to leave the events as they were currently. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ALLOW THE EVENTS TO CONTINUE AS THEY WERE CURRENTLY OPERATING. City Manager Watenpaugh noted the issues mentioned by Councilman Buckley with regard to signage and indicated that staff was warking with Caltrans for signage within the historic district. Mayor Brinley encouraged the Assistant City Manager to look at the downtown area for economic gardening interests. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. A~reement to Remove Carp from Lake Elsinore. (F:68.1)(X:92.1) City Manager Watenpaugh introduced this item and deferred to Lake Operations Manager Kilroy for the presentation. Mr. Kilroy highlighted the proposed agreement which would assist in improving sport fishing, and was part of a larger biomanipulation program to rehabilitate the fisheries. He explained that the agreement would commit the City to a four person crew eight weeks a year, starting in fiscal year 2003-04. He further explained that LESJWA was finishing up a two year program for removal of Carp, noting that there was still approximately 750,000 lbs. of Carp in the Lake. PAGE THIRTY-ONE-CITY COUNCIL MINUTES-JANUARY 14, 2003 Mayor Brinley questioned the issue of harvesting in the right spawning season. Lake Operations Manager Kilroy commented that it was possible that some of the window of opportunity had been missed, however he felt that the process would be much more efficient in the future. Mayor Pro Tem Schiffner commented that this would help to address the problem from both ends. Lake Operations Manager Kilroy indicated that they would like to reduce the problem at both ends of the life cycle, and he would like to use biomanipulation to improve sport fishing. Councilman Hickman noted the additional budget cost of $25,000. Lake Operations Manager Kilroy confirmed that was the estimated amount. Councilman Hickman inquired if LESJWA was participating for $125,000. Lake Operations Manager Kilroy confirmed. Councilman Hickman inquired if the new boat would be used for this effort. Lake Operations Manager Kilroy clarified that the new boat was for Lake patrol and would have too deep a hull for this effort. Councilman Hickman indicated that he would like to see the City help support the fishing derbies. Lake Operations Manager Kilroy indicated that staff would support that suggestion, and while he would favor a Carp derby, he did not hold high expectations of that reducing the Carp. Councilman Hickman stressed that this was a way to help the situation and have fun at the same time. Councilman Buckley concurred with Councilman Hickman about promoting fishing derbies. He indicated that when it came to hiring additional people and hiring temps he had a concern, and questioned the possible use of prisoners for the effort. Lake Operations Manager Kilroy indicated that it might be difficult unless it was an emergency situation. Councilman Buckley further suggested that this might be an option for high school students needing community service hours. He expressed support for the agreement. PAGE THIRTY-TWO-CITY COUNCIL MINUTES-JANUARY 14, 2003 Councilwoman Kelley noted the proposed use of the fish pump and requested more information. Lake Operations Manager Kilroy detailed his past experience with this method for Tilapia fish. He explained that it was much more efficient than the commercial fishing method. Councilwoman Kelley commented that it appeared obvious that this method would be more efficient and indicated that she had no problem with this agreement. Mayor Brinley indicated that she had no problem with this proposal, and concurred with the facilitation of tournaments. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT TO REMOVE AND DISPOSE OF CARP FROM LAKE ELSINORE. 33. Public Employees' Retirement System (PERS) Contract Amendment - Resolution No. 2003-01 and Ordinance No. 1089. (F:68.1)(X:1163) City Manager Watenpaugh explained that this item was in compliance with the negotiated agreement between the City and the employees' union. He further explained that this would initiate the process to modify the program to 2.5% at 55 in exchange for no raises over the next two years. Councilman Hickman commented that this was part of a contract and the employees were foregoing raises to protect their retirement. He noted that he was anxious to see the Parity Study come back. City Manager Watenpaugh noted that three employees were waiting until March to retire per this agreement. City Manager Watenpaugh clarified that the employees had given up the cost of living increases and accepted a cap on medical insurance, in exchange for this program. Councilwoman Kelley commented that this had already been agreed upon. PAGE THIRTY-THREE-CITY COUNCIL MINUTES-JANUARY 14, 2003 Mayar Pro Tem Schiffner reiterated that this was already approved, noting that it was only 2% at 60 when he retired. He expressed support for this action. Councilman Buckley had no comments. Mayor Brinley commented that this had already been discussed. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-O1: RESOLUTION NO. 2003-O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1089 UPON FIRST READING BY TITLE ONLY. ORDINANCE N0.1089 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM. UPON THE FOLLOWING ROLL CALL VOTE: PAGE THIRTY-FOUR-CITY COUNCIL MINUTES-JANUARY 14, 2003 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE NONE NONE 34. Request for Authorization to Fund Staff Positions in the Communit DevelopmentDepartment. (F:1161)(X:60.2) City Manager Watenpaugh highlighted this item, which is based on an evaluation of contract employees vs. in-house employees, as included in the Hayhurst study. Community Development Director Brady noted that development activity had increased significantly over the past year, and over the past four years there had been only one additional full time position added. He indicated that because the activity had increased, the work load had also increased significantly. He detailed the proposed new positions, including an Associate Planner, Engineering Technician, Clerk/Typist III, and two Building Inspectors and explained that the majority of the positions in the Community Development Department were funded through the cost recovery system. He requested authorization of the proposed positions and the authorization to fill the positions immediately. Councilman Buckley noted the per inspector cost and questioned if they were doing 2080 hours a year. Community Development Director Brady confirmed that they were providing service five days a week. Councilman Buckley questioned the final version of the Hayhurst Study and questioned the draft report. City Manager Watenpaugh clarified the work completed to PAGE THIRTY-FIVE-CITY COUNCIL MINUTES-JANUARY 14, 2003 date and explained that the next step was with regard to implementation of the Parity Study. Councilman Buckley commented that while it was rather busy in the Development Department, it was always nice to save money, however he was considering the economy and loss of State funds. He indicated that until we get a better handle on the State budget and receive the salary survey, he was cautious of approving this request at this time. Mayor Pro Tem Schiffner indicated that these positions were needed at the present time and primarily cost recovery, and it really didn't matter what happened with the budget. He commented that there was no reason to wait to fill the positions. Councilwoman Kelley clarified that if this action wasn't taken, they would go back to outside contracts. Community Development Brady confirmed, but noted what could be saved. He clarified that staff supported contracting, when it was not known what the need would be, however now that the need was known it was felt that savings could be realized. Councilwoman Kelley noted that everyone has asked how they were handling the processing, because it was so busy. She commented that it did not look like the work load would slow, and stressed that this was for full time people. She indicated there was no reason not to support the request. City Manager Watenpaugh reiterated that this action would include inspectors and add a clerk; and noted the difference in the number of permits from 2001 to 2002, and indicated that they were still increasing. He noted that clerical support would be very beneficial in expediting the process. Councilman Hickman inquired if with the addition of people, the builders would get better service. Community Development Directar Brady indicated that this would not only benefit the builders, but also the residents, in terms of getting projects done. He commented that this would improve assistance at the counter; and although it was the same number of inspectors, it would provide better service to the community. Councilman Hickman suggested PAGE THIRTY-SIX-CITY COUNCIL MINUTES-JANUARY 14, 2003 that this would also allow far more control over the inspectors. Community Development Director Brady commented that the City had been fortunate, as the contract inspectors were doing a good job. Mayor Pro Tem Schiffner inquired if the same people would take the positions. Community Development Directar Brady indicated that the positions would be advertised, but some of the current inspectors might apply. Councilman Hickman inquired how long it would take to fill the positions. Community Development Director Brady indicated that staff would proceed to fill them as soon as possible. Mayor Brinley commented that a Director had taken the initiative to find ways to same money and eliminate unnecessary items, and this was what the Council had been requesting. Community Development Director Brady confirmed that was the intent, and stressed that it would be possible to bring on inspectors at a cost savings. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO ESTABLISH TWO ADDITIONAL FULL-TIME BUILDING INSPECTOR POSITIONS, AN ASSOCIATE PLANNER POSITION, AN ENGINEERING TECHNICIAN POSITION AND A CLERK/TYPIST III POSITION, AN AUTHORIZE THE CITY MANAGER TO FILL THEM IMMEDIATELY. 35. Installation of Lake Destratification System. (F:92.1) City Manager Watenpaugh deferred to Lake Operations Manager Kilroy for his presentation, noting that this system would be subject to an Operations and Maintenance Agreement with the Water District and the County. Lake Operations Manager Kilroy indicated that this action would authorize a Contract with LESJWA for destratification of the Lake, and noted that staff PAGE THIRTY-SEVEN-CITY COLTNCIL MINUTES-JANUARY 14, 2003 was looking for the quickest approach to a Lake Aeration Project. He explained the concept of stratification and the variation of oxygen and temperatures between the levels. He further explained that this would mix the water to even out the oxygen level, through a two part system. He advised that the primary component was the Axial Flow Pumps, of which there would be 16 units. He detailed the proposed system, showed photos of the pumps and a configuration plan for the docking station. He explained that the configuration was determined by an Aeration Consultant who took into consideration the depth, wind, etc.; and suggested the placement of the docking stations on either side of the high speed zone. He advised that the stations would be no larger than the floating restrooms. He indicated that LESJWA had moved on the environmental documentation and solicited bids. He stressed that LESJWA and City staff were reviewing all options for the best way to install the system on the lake, as delays would make fish kills more likely. He noted that an Operations and Maintenance agreement was being contemplated between the City, the Water District and the County, but at this point the earliest the system could be rebid would be the fall of this year. He stressed that this proposal was to help staff expedite the process, as the general contractor for the local installation issues, while LESJWA could handle the procurement issues for the pumps. He indicated that the total project was estimated at about $930,000, with LESJWA taking on about $410,000, and the City portion not to exceed about $520,000, which would be reimbursable from the State Water Bond funds. Mayor Brinley questioned the timing for reimbursement from the bond funds. Lake Operations Manager Kilroy indicated that it would probably be three to six months for reimbursement. City Manager Watenpaugh inquired if there was a contingency for costs in excess of $520,000. Lake Operations Manager Kilroy indicated that there was not, however the to date the LESJWA Board had not disapproved any cost overruns. PAGE THIRTY-EIGHT-CITY COUNCIL MINUTES-JANUARY 14, 2003 Councilwoman Kelley inquired how the safety of boaters and skiers would be ensured. Lake Operations Manager Kilroy indicated that the pumps were completely encaged with safety screen and signage would be provided. Councilwoman Kelley questioned how far the pumps would sit above the water. Mr. Kilroy indicated they would sit about two feet above the water. Councilwoman Kelley asked if the pumps would be anchored. Mr. Kilroy indicated that the docking stations would be permanently moored. Councilwoman Kelley questioned how deep the propeller would be. Mr. Kilroy indicated it would be about three or four feet. Councilwoman Kelley requested clarification that the pumps would be placed on either side of the high speed zone. Mr. Kilroy confirmed. Councilwoman Kelley questioned what other lakes used this type of system. Mr. Kilroy indicated that there was one in Oklahoma and one in West Virginia; and the system was recommended by the Aeration Consultant and the Army Corps of Engineers. He explained the efficiency of this approach. Mayor Brinley questioned the impact on the bottom of the lake. Mr. Kilroy indicated that there would be minimal scouring of the bottom of the lake. Mayor Pro Tem Schiffner noted the proposed system, and clarified that there was a smaller operational cost on an annual basis. Mr. Kilroy clarified the annual cost. Mayor Pro Tem Schiffner noted that more costly programs had been discussed, but this would potentially be the most efficient approach, and could be done for much less cost. Councilman Hickman commented that it was amazing how much money was being spent on the Lake, and noted the lakes in Michigan and how they were aerated for much less cost. He questioned the need from insurance to protect skiers. Mr. Kilroy commented that the stations would not be much different than another boat, and these would be well signed and delineated. Councilman Hickman inquired if the County and Water Department had confirmed that they would pay for the maintenance costs. City Manager Watenpaugh indicated this would not be done until the Operations and PAGE THIRTY-NINE-CITY COUNCIL MINUTES-JANUARY 14, 2003 Maintenance Agreement were in place. Councilman Hickman stressed the expense far the Lake considered at this meeting. City Manager Watenpaugh clarified that this would required further Council authorization, but staff wanted to know if the Council was willing to front the money far three to six months. Councilman Hickman inquired how the stations would be held in place. Mr. Kilroy indicated that staff would work with a Marine Engineer to address the anchor rope and its adjustment to changing water levels. Councilman Buckley noted the propeller length and asked if the system worked by pushing oxygen down into the water. Lake Operations Manager Kilroy indicated that staff was looking at two systems, one to push the air down and another to move the water upward. Councilman Buckley inquired if staff was sure the money would be reimbursed. Mr. Kilroy explained the LESJWA Agreement with the State, for the funds approved by the voters for these projects. Councilman Buckley inquired who would own the facilities. Mr. Kilroy indicated that the City would probably accept the liability for them. City Manager Watenpaugh indicated that the City currently provides insurance on the Lake including the restrooms. Councilman Buckley expressed concern with the liability, and asked if this would increase the cost of the City's insurance. City Manager Watenpaugh clarified that LESJWA was not getting into the operations of any of the projects, so the City would accept the liability. Mayor Brinley noted her understanding of the agreement, and indicated that this had always been the approach. City Manager Watenpaugh clarified that this would not be funded without an Operation and Maintenance Agreement. There was general discussion of LESJWA functions and the agreements in which they were involved. Mayor Brinley indicated that she was glad to see LESJWA going forward with projects. She expressed support for this project and noted that Lake Operations Manager Kilroy had worked hard on the project to determine the most cost effective approach. PAGE FORTY - CITY COUNCIL MINUTES - JANUARY 14, 2003 MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CITY MANAGER TO CONTRACT WITH LESJWA FOR THE PiIRPOSE OF INSTALLING THE AXIAL FLOW PUMP DESTRATIFICATION SYSTEM FOR AN AMOUNT NOT TO EXCEED $520,000. (SUBJECT TO APPROVAL BY THE LESJWA BOARD) 36. Vehicle Lease Buyout - 3 Vehicles -$28,210. (F:48.1) City Manager Watenpaugh highlighted this item. Public Works Manager explained this item far the buyout of leases on three pick-up trucks being used by Public Works and Lake Operations. He noted the four possible options for consideration, recommending the purchase of the vehicles at a cost of $28,210. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO EXERCISE THE PURCHASE OPTION FOR THE THREE VEHICLES, FUNDED FROM THE GENERAL FUND RESERVE ACCOUNT AT A COST OF $28,210. 37. Sister City Request - Commune De Teva I Uta. (F:149.1)(X:44.1) City Manager Watenpaugh highlighted this item and noted that Lori Holland, had brought students from Tahiti for the last eight or ten years, and last year the City met the students. He explained that they had inquired into the City's interest in a Sister City Relationship, and this year had brought a letter from the Mayor of Commune De Teva I Uta, requesting a formal response from the City. He explained that if the Council would like to pursue it, they were preparing to bring a contingent from Tahiti in July to visit the City and tour the community. He further explained that there was a Sister City organization which helped to coordinate locally and would cost the City PAGE FORTY-ONE-CTTY COUNCIL MINUTES-JANUARY 14, 2003 about $435 per year. He noted that staff had collected some information, and Ms. Holland was present to answer questions. Councilman Hickman inquired if this included a trip to Tahiti. He also inquired if Helsignor, Denmark was a Sister City. City Manager Watenpaugh indicated that the relationship with Denmark was not formalized, but in this case staff had been approached to develop a program. He explained that if the relationship was approved, it would entail some Council time for tours of City facilities and the community, and efforts to expose them to local culture. Mayor Brinley commented that this was a good opporiunity for a Sister City. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ACCEPT THE OFFER OF A SISTER CITYSHIP WITH COMMiJN~ DE TEVA I UTA, TAHITI AND DIRECTED STAFF TO DEVELOP PROGRAMS TO FURTHER A BENEFICIAL CULTURAL EXCFIANGE. Councilman Buckley questioned why the choice was an exotic place, like Tahiti, but had no problem with the program. Mayor Pro Tem Schiffner noted that it was a popular tourist center. Mayor Brinley added that this was a similarity between the communities, that they were tourist ariented. Mayor Pro Tem Schiffner concurred. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Animal Friends of the Valley - Administrative Citation Process. (F:68.1)(X:183) Councilman Buckley indicated that he pulled this item in case Animal Friends of the Valley representatives wanted to address it. PAGE FORTY-TWO-CITY COUNCIL MINUTES-JANUARY 14, 2003 MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO: 1) ALLOW ANIMAL FRIENDS OF THE VALLEY TO ACT AS THE PROCESSING AGENT FOR THEIR ADMINISTRATIVE CTTATION PROGRAM; 2) CONCUR WITH ANIMAL FRIENDS' ENTERING INTO AN AGREEMENT WITH AMERICAN CAPTTAL ENTERPRISES, INC. FOR COLLECTION OF DELINQUENT FINES; AND 3) REQUIRE ANIMAL FRIENDS TO INCLUDE AS PART OF SECTION 10 OF THE AGREEMENT FOR ANIMAL CONTROL SERVICES A SEPARATE ACCOUNTING OF ALL REVENUES GENERATED THROUGH THE ADMINISTRATIVE CITATION PROGRAM. 10. Granting Easements in the Back Basin to EVMWD. (F:164.2) City Attorney Leibold commented that in situations like this, typically there was a general indemnity for claims arising from their activities. She suggested approval with that condition. MOVED BY BUCKLEY, SECONDED BY SCHI~FNER AND CARRIED BY UNA1vIMOUS VOTE TO AUTHORIZE THE MAYOR TO SIGN THE DEEDS GRANTING THE EASEMENTS TO EVMWD, SUBJECT TO THE INCLUSION OF THE GENERAL INDEMNITY CLAUSE AS REQUESTED BY THE CTTY ATTORNEY; AND AUTHORIZED THE CITY CLERK TO TRANSMIT THE DEEDS TO EVMWD FOR ACCEPTANCE BY THEIR BOARD AND/OR GENERAL MANAGER AND RECORDATION BY THE COUNTY. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Gil Rasmussen passed. Ron LaPere, 16867 Wells, commented that with the crisis in Sacramento, he was presuming that the mid-year budget would be done in January. He noted the PAGE FORTY-THREE-CITY COiTNCIL MINUTES-JANUARY 14, 2003 potential loss of funds. He further noted that with regard to the Planning Department he anticipated that the additional staff would allow staff to put the information together more quickly. He addressed the aeration motors on the lake and indicated that they should be protected with GFI surge protectors to prevent electrocution. He also noted other potential liability factors. Barbara Cady, Friends of the Library, 32524 Wildomar Road, announced the Women's Club Heritage Dinner on February 8`~', including an Antique Road Show. She indicated that tickets were a~ailable at Collector's Corral or the door. She also announced that the Friends of the Library would have a mountain musher with dog sled at 4 p.m. on February ls`. She also announced that they would have a master gardener giving a pruning class at the library. She further announced the Friends of the Library Book Sale on January 22"d and stressed their need for books. CITY MANAGER COMMENTS City Manager Watenpaugh thanked Pete Dawson and Kevin Jeffries for their efforts in regard to the agreement, noting that it had been a viable cause to work on. He expressed hopes that they would see the agreement as good for the Lake. He thanked staff, the Council and the Water District for their joint efforts to reach this agreement. CITY ATTORNEY COMMENTS City Attorney Leibold congratulated the City and Water District on the Water Agreement, noting that it was a chapter as more of the ongoing litigation was concluded. She indicated that this was the last of four long term cases. COMMITTEE REPORTS None. PAGE FORTY-FOUR-CITY COUNCIL MINUTES-JANUARY 14, 2003 CITY COUNCIL COMMENTS Councilwoman Kelley had no comments. Councilman Buckley commented on the following: 1) Advised that on January 23`a at 6 p.m. there would be a WRCOG/SANDAGBorders Committee Planning Warkshop at Escondido City Hall. He advised that the committee had been working on equitable development between jurisdictions; noting that this would mean that there could be no project to benefit just one jurisdiction, particularly if it would adversely impact another jurisdiction. 2) Requested the opportunity to use the first'h hour of the Thursday Study Session to discuss Wildomar Issues. City Manager Watenpaugh noted that a letter had been received regarding the Sphere of Influence, and read the letter. Council concurred with discussing this further on Thursday. Mayor Pro Tem Schiffner commented on the following: 1) Addressed Mr. Dawson and noted that although he disagree, he knew he was interested in what was good for the Lake, and he agreed with that. He expressed hopes that the agreement would be one he would agree with. He commented as a side line, regarding the water sources, this agreement was not changing the primary source of water; as most of it will still come down the river. He indicated that the supplemental water added will be about 2/3rds of the annual evaporation. 2) Noted that he drove down Lakeshore this afternoon and commented on the beauty of the lake, with the reflections of the mountains, houses, etc. PAGE FORTY-FIVE-CITY COUNCIL MINUTES-JANUARY 14, 2003 3) Reported on the RCTC dedication of the Fast Trak lane in Orange County, since OCTA had purchased the system. He noted that the first meeting would be held on February 7`h to discuss adjustment of the rates and future improvements to the freeway, which should help the traffic. He commented that they would be starting very quickly to address ramp improvements and additional lanes. He detailed the ribbon-cutting ceremony and stressed the importance of the event. He indicated that this was a new start for cooperation between the counties, and a great improvement in transportation. Councilman Hickman had no comments. Mayor Brinley commented on the following: 1) Commented that getting the lawsuit taken care of made it a good day. 2) Noted that when the Council reorganized, it was done at a busy regular meeting and there was no opportunity to acknowledge the Mayor. She commended former Mayor Genie Kelley on her work and presented her with a plaque commemorating her term as Mayor. She thanked Mayor Kelley for a job well done and noted the extra time and effort required to be the Mayor. She noted the time invested in the water negotiations and contract; and acknowledged everyone involved in that process including Mayor Kelley. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING ADJOURNED AT 10:44 P.M. AND MAYOR BRINLEY INVITED THE AUDIENCE TO JOIN THEM PAGE FORTY-SIX - CITY COUNCIL MINUTES-JANUARY 14, 2003 FOR CAKE AND PUNCH TO CELEBRATE MAYOR KELLEY'S WORK. ~. ~ / ~ .~ ~~ PAMELA B LEY. MAYQ CTTY OF LA ELSINORE ATTEST: ~ VICHI KASA , CMC, ITY CLERK HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE