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HomeMy WebLinkAbout03-25-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 25, 2003 *~~~~~~*~~~~~~*~*~~~~~*~~:~~*~~~~*~~~*~~~~:~~~~~~~~~**~*~:~~~*~~ CALL TO ORDER Mayor Pro Tem Schiffner called the Regular City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Finance Manager Magee, Information/Communications Manager Dennis, Lake Operations Manager Kilroy and Lisa Gibbons, City Clerk's Office. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision A of Government Code Section 54956.9) Water Not Promises v. City of Lake Elsinare, Lake Elsinore Redevelopment Agency and Elsinore Valley Municipal Water District (Riverside County Superior Court Case No. 389013). (F:40.1)(X:52.2) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Subdivision (b) and (c) of Government Code Section 54956.9) 1 case. (F:40.1)(X52.1) PAGE TWO - CITY COUNCIL MINUTES - MAR. 25, 2003 City Attorney Leibold announced the Closed Session discussion item 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 6:53 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayar Pro Tem Schiffner reconvened the Regular City Council Meeting in public session at 7:06 p.m. PLEDGE OF ALLEGIANCE Councilmember Buckley led the Pledge of Allegiance. INVOCATION Mayor Pro Tem Schiffner led a moment of Silent Reflection. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Directar Sapp, Engineering Manager O'Donnell, Finance Manager Magee, Information/Communications Manager Dennis, Lake Operations Manager Kilroy, Fire Chief Shymanski, Police Chief Walsh, City Treasurer 7udziewicz and Lisa Gibbons, City Clerk's Office. PAGE THREE - CITY COUNCIL MINUTES - MAR. 25, 2003 CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session to consider Items A& B as listed with findings as follows: A. The City Councii authorized the City Attorney's Office to forward to the Board of Elsinore Valley Municipal Water District a proposed Joint Defense Cooperation Agreement to allow the named defendants to work cooperatively in connection of the defense of that item. B. No reportable action. PRESENTATIONS a. Presentation - Sheriff's Department - Scott Collins, Dan Kelley (F:1272) Mayor Pro Tem Schiffner presented Sergeant Scott Collins with a Certificate of Appreciation for his years of service with the City of Lake Elsinore. He noted that Officer Dan Kelley was unable to attend. He thanked them both for all of their hard work and dedicated service. Police Chief Walsh commented that the two personnel that would be leaving were going to be sorely missed. He noted that Sergeant Collins had worked with the community and more recently on the Lake. He further noted that Officer Kelley, for the last three years, had been the Liaison Officer for the School District and prior to that had been a patrol officer. He wished them both success in their future endeavors. Community Services Director Sapp thanked Sergeant Collins for all of his hard work on the Lake and stated that he had done an outstanding job on the Lake and with Special Events. PAGE FOUR - CITY COUNCIL MINUTES - MAR. 25, 2003 Sergeant Collins thanked the Council for their recognition and commented that it had been a pleasure to work with the community and looked forward to working in Lake Elsinore sometime in the future. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item No.'s 4 and 21. CONSENT CALENDAR ITEMS Item No. 4 was pulled from the Consent Calendar for further discussion and consideration. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH CORRECTIONS TO PAGE SEVEN OF ITEM lE. The following Minutes were approved: a. Special City Council Meeting - February 18, 2003 b. City Council/RDA Study Session - February 20, 2003 c. City Council/RDA Study Session - February 25, 2003 d. Regular Council Meeting - February 25, 2003 e. Special City Council Meeting - March 4, 2003 f. City CouncillRDA Study Session - March 11, 2003(F:44.4) The following Minutes were received and ordered filed. g. Planning Commission Meeting - March 4, 2003 (F:603) PAGE FIVE - CITY COUNCIL MINUTES - MAR. 25, 2003 City Attorney Leibold noted that a conection was made to page 7 of Agenda Item 1 e, during the Agenda Review Study Session and the changes would be reflected in the minutes. 2. Ratified the Warrant I,ist of March 17, 2003. Received and ordered filed the Investment Report far February, 2003. 5. Approved the declaration of surplus equipment as listed. 6. Authorized the Mayor to sign the Notice of Completion for Lakeshore Drive Bridge Habitat Restoration and instructed the City Clerk to file Notice of Completion. PUBLIC HEARINGS 21. Mitigated Negative Declaration No. 2002-04 and Tentative Parcel Map No. 30302 - APN 377-030-004, 005, and 377-090-009(:110.2) Mayor Pro Tem Schiffner opened the public hearing at 7:18 p.m. City Manager Watenpaugh presented an overview of the item. Community Development Director Brady introduced the item and noted that it had been before the Planning Commission and they had recommended approval by the City Council. He indicated that the project consisted of a 13.8-acre parcel of land, located on State Route 74 and Cambern. He explained that the applicant was requesting a subdivision of the parcel into 10 parcels. He noted that parcels one through six would be available for development and the remaining four parcels would have to be mitigated priar to development. He further explained that the action befare Council would be for approval of the Tentative Tract Map and Negative Declaration. He noted the exhibits that were present for Council review. PAGE SIX - CITY COUNCIL MINUTES - MAR. 25, 2003 Mayor Pro Tem Schiffner called upon the persons that had requested to speak. Larry Markam, 41635 Enterprise Circle, Temecula, representing the applicant, stated that they concurred with the Conditions of Approval and he would be available to answer any questions the Council might have. George Etzel, 29315 Third Street, stated that his property was in close proximity to the proposed project. He stated that he had no problem with the project, however he questioned the drainage from Cambern and how it would be addressed. Community Development Director Brady stated that as development progressed part of the conditions would address Cambern with the development of half the street, and twelve-feet as well as the mitigation of drainage. City Manager Watenpaugh clarified that one half of the street was in the County and half was in the City, therefore the developer would be required to develop half of the street plus twelve feet beyond the centerline. Mayor Pro Tem Schiffner asked if anyone else would like to speak. Hearing no further requests to speak he called upon Council for comments. Councilman Buckley clarified the street improvements on Cambern and drainage issues. He suggested that anyone interested in the project should submit their name and address to Community Development Director Brady and he would notify them of any meetings or study sessions that would include the project. He stated that he was in favor of the project. Councilman Hickman stated that he was in favor of the project. PAGE SEVEN - CITY COUNCIL MINUTES - MAR. 25, 2003 Councilwoman Kelley stated that it was nice to see more commercial development in the City; and commented that she was in favor of the project. Mayor Pro Tem Schiffner stated that he saw this as just the first of many commercial developments that would occur in that area. He stated that the improvement of Highway 74 would increase the value of the property along that route and would encourage more development. Mayor Pro Tem Schiffner closed the public hearing at 7:25 p.m. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CERTIFY MITIGATED DECLARATION NO. 2002-04 AND APPROVE TENTATIVE PARCEL MAP NO. 30302, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL AS FOLLOW: FINDINGS Mitigated Ne~ative Declaration No. 2002-04 Negative Declaration No. 20002-04 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects of Tentative Parcel Map No. 30302 and associated discretionary approvals. Tentative Tract Map No. 30302 and associated discretionary approvals will not result in any significant environmental impacts with mitigation measures. PAGE EIGHT - CITY COUNCIL MINUTES - MAR. 25, 2003 2. The proposed project will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures. Tentative Tract Ma 3u 0302 The proposed subdivision together with the provisions for its design and improvements is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the r~gion, the pubic service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. Subject to the Conditions of Approval, the proposed project is not anticipated to result in any significant environmental impacts. CONDITIONS OF APPROVAL PLANNING DIVISION 1. Tentative Parcel Map No. 30302 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. 30302 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the PAGE NINE - CITY COUNCIL MINUTES - MAR. 25, 2003 Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. Approval of this subdivision is subject to the mitigations measures listed within the Mitigated Negative Declaration No. 2002-04. 4. 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, ar Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Parcel Map No. 30302, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shail not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Depanment within 30 days of the Tentative Parcel Map approvaL 6. Prior to final map approval of Tentative Parcel Map No. 30302, the improvements specified herein and recommended approved by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be 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 pan of the agreements. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 8. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 10. Pay all applicable park fees in force at time of issuance of building permits. PAGE TEN - CITY COUNCIL MINUTES - MAR. 25, 2003 11. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 12. Meet all requirements of the providing electric utility company. 13. Meet all requirements of the providing gas utility company. 14. Meet all requirements of the providing telephone utility company. 15. The applicant shall comply with all requirements of the Riverside County Fire Depanment. 16. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. 17. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. 18. Prior to building permit the applicant shall submit a Sign Program for the entire complex. This Program shall include size, location and color restricts for each building. The program shall include size, location and color for any monuments signs. 19. An Environmental Constraint Sheet shall be attached to and reviewed as pan of the Final Map process. The Environmental Constrain Sheet shall note that Parcels 7, 8, 9 and 10 are to be avoided until replacement habitat is found at a minimum ratio of 1:1 per the requirement of the Department of Fish and Game. The owners may seek approval of alternate mitigation from U.S. Fish & Game and the City of Lake Elsinore if the existing environmentally impacted situation (heron rookery) changes. 20. The applicant shall record a CC&R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and panicipation in landscape maintenance. The CC&R shall be approved by the Community Development Director prior to building permit. PAGE ELEVEN - CITY COUNCIL MINUTES - MAR. 25, 2003 ENGINEERING DIVISION 21. 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 22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26). The traffic mitigation fee will be $0.71 per sq. ft. of building area and the drainage fee is $87,038. 23. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 24. Dedicate 9 ft. of additional right-of-way along the frontage of Cambern Ave. and 27 ft. of additional right-of-way along che frontage of Central Avenue. This should be shown on the final map. 25. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approvai (LEMC 16.34). 26. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed co Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 27. 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. 28. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 29. Applicant shall provide access from the site to Crane Street. The parking lot shali be constructed enabling trucks on the site to turn into Crane Street. 30. 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 PAGE TWELVE - CITY COUNCIL MINUTES - MAR. 25, 2003 No Parking and Street Sweeping Signs for streets within the tract. 31. Applicant shall submit a focused traffic study prior to obtaining Planning Commission approval of Design Review for any commercial buildings. The study will determine if a traffic signal is warranted at the intersection of SR74 and Cambern Street. The warrant study shall be based on present counts and on projected counts to the year 2005. A traffic signal shall be installed if warrants are met or if in the determination of the City Engineer, safety considerations at the intersection warrant the installation of the traffic signal. The developer's cost for the traffic signal will be credited against the traffic mitigation fee. 32. Access easemen[ widths and turning radii within the site must be approved by the County Fire Dept. prior to final map approval. 33. 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~. 34. All compaction reports, grade certifications, monument cenifications (with tie notes delineated on 8'fz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 36. 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. 37. Provide fire protection facilities as required in writing by Riverside County Fire. 38. Provide street lighting and show lighting improvements as pan of street improvement plans as required by the City Engineer. 39. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 40. 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 THIRTEEN - CITY COUNCIL MINUTES - MAR. 25, 2003 41. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 42. 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 thac a cursory drainage and flow pattern inspection can be conducted before grading begins. 43. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 44. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 45. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent propeny owners by a letter of drainage acceptance or conveyed to a drainage easement. 46. On-site 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. If the site drainage is directed to Crane Street, the applicant shall provide mitigation for erosion taking place on Crane Street. 47. 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. 48. Submit Hydrology and Hydraulic Repons for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 49. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 50. 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. PAGE FOURTEEN - CITY COUNCIL MINUTES - MAR. 25, 2003 S1. 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. 52. Ten 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 are exceeded, drainage facilities should be installed. 53. A drainage acceptance letter will be necessary from the downstream property owners for outletting stormwater run-off on private propeny. 54. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 55. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's, that will be implemented for the development and including maintenance responsibilities. 56. Education guidelines and Best Management Practices (BMP) shall be provided to building occupants for outdoor storage, building and vehicle maintenance as well as other environmental awareness educational materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 57. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 58. Access on SR 74 shall be restricted and require the approval of Caltrans prior to final map approval. 59. 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 building maintenance, participation in landscape maintenance, prohibition of PAGE FIFTEEN - CITY COUNCIL NIINUTES - MAR. 25, 2003 outside vehicle or material storage. 60. 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. (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be revised.) 31. Second Reading of Ordinance No. 1091 - Administrative Citation Procedures.(F:104.1) City Attorney Leibold presented an overview of the procedure. Councilman Hickman spoke in favor of the Administrative Citation Procedures. Councilman Buckley stated that he was in favor of the item. Councilwoman Kelley stated that she was in favor of the item. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT ORDINANCE N0.1091- ADMINISTRATIVE CITATION PROCEDURES UPON SECOND READING BY TITLE ONLY: PAGE SIXTEEN - CITY COUNCIL MINUTES - MAR. 25, 2003 ORDINANCE NO. 1091 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING, AMENDING AND DELETING DESIGNATED SECTIONS OF CHAPTER 1.20 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADMINISTRATIVE CITATION PROCEDURES. UPON THE FOLLOWING ROLL CALL VOTE. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Penaltv Fines for Administrative Citations (F:104.1) City Manager Watenpaugh presented an overview of the item. Community Development Director Brady explained that the resolution presented defined thirty of the most common violations and provided a suggested fine schedule to address those violations. He further explained that the intent was to provide the opportunity for Council to amend the schedule anytime in the future should Council choose to change the fines or place additional items on the violation list. He indicated that the resolution would be used as the fine schedule. Mayor Pro Tem Schiffner asked to have the previous method of citation explained. Community Development Director explained that in the past the Code Enforcement Office had to provide a five-day Warning Notice prior to writing a citation with a fine attached to it_ PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAR. 25, 2003 He noted that the concern had been that staff was unable to write citations for violations that were reoccurring. He explained that the Code Enforcement Officer would have to make two trips in order to address the violation. He commented that it did not preclude the Officer from issuing a Warning Notice, however it would provide another tool to motivate people to move quickly to address the City's Regulations. Councilman Hickman stated that the Council's goal was to prevent people from dumping and littering. He stated that he was in support of the item. Councilwoman Kelley noted that the majority of the complaints that she received from the public addressed trash and debris that had built up. She stated that all of the violations addressed items that were ugly and detracted from the appearance of the City. She indicated that she was in favor of the item. Councilman Buckiey stated that he was in favor of the Resolution. He suggested a change in the fine for Off-Road motor vehicle operation without written permission of properry owner from $75 to $100; and Camping without a permit from $50 to $100. Mayor Pro Tem Schiffner commented that the Ordinance and Resolution regarding Administrative Citations would probably make a number of people unhappy since they would be receiving the citations; however he felt that it would improve the conditions of the City and make a lot more people happy. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-07 WITH CHANGES TO "OFF-ROAD MOTOR VEHICLE OPERATION WITHOUT WRITTEN PERMISSION OF PROPERTY PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAR. 25, 2003 OWNER FROM $75 TO $100" AND "CAMPING WITHOUT A PERMIT FROM $50 TO $100". RESOLUTION NO. 2003-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, SETTING THE AMOUNT OF PENALTY FINES. 33. Amended Project Agreement for Installation of Lake Destratification S• s~em. (F:68.1)(X:92.1) City Manager Watenpaugh presented an overview of the item. Lake Operations Manager Kilroy explained that the item before Council was an amendment to the Agreement for the installation of the Lake Destratification System. He indicated that LESJWA's was requesting an increase from 16 axial flow pumps to 20 axial flow pumps to increase by 20% the vertical mixing that occurs in the Lake as vvell as to address varying levels of the Lake. He indicated that the increase of equipment would increase the cost of the project and would amount to $106,250 to the City with a total project budget to the City of $1,006,250. He stated that all capital costs incurred by the City would be reimbursed by LESJWA through the State Water Bond Funds. He stated that staff recommends approval of the "First Amended Agreement to Design, Fabricate and Install an Axial Flow Pump Destratification System for Lake Elsinore". Councilman Hickman clarified the amount of the budget for the Destratification System. He further clarified that LESJWA would pick up the total cost. Lake Operation Manager Kilroy concurred. Councilman Buckley clarified the location of the control station for the pumps and stated that the property was owned by the City. He PAGE NINETEEN - CITY COUNCIL MINUTES - MAR. 25, 2003 questioned the ability to restrict boats docking at the pumps. Lake Operations Manager Kilroy explained that staff would be returning to Council with an ordinance prohibiting anchoring and docking with appropriate signage. Councilwoman Kelley asked when the pumps would be in operation. Lake Operations Manager Kilroy stated that they were expected to be operational in late June. Mayor Pro Tem Schiffner commented that it was a LESJWA project with the City acting as the contractor. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE F`IRST AMENDED AGREEMENT TO DESIGN, FABRICATE AND INSTALL AN AXIAL FLOW PUMP DESTRATIFICATION SYSTEM FOR LAKE ELSINORE. 34. Professional Services A~reement - KM En ig neers. (F:68.1) City Manager Watenpaugh introduced the item. Lake Operations Manager Kilroy stated that the item follows up on the previous item regarding the Destratification System. He indicated that staff had selected KM Engineers for Council consideration to design the electrical system for the pumps. He indicated that it would be in the amount not to exceed $15,000. He stated that staff recommended approval of an agreement for professional services with KM Engineers. Councilman Hickman stated that he was in favor of the agreement, however he cautioned staff to be careful regarding the design of the PAGE TWENTY - CITY COUNCIL MINUTES - MAR. 25, 2003 pump stations. He stated that he did not wish to see boaters use the stations as docking areas. Councilman Hickman had no comments. Councilwoman Kelley stated that she had no problem with the Agreement. Mayor Pro Tem Schiffner questioned if this was the only professional services agreement the project would require. Lake Operations Manager Kilroy stated that a civil engineering firm was already on the job and they had extensive marine engineering experience. He explained that they would be doing the design for the actual docking stations and flow pump platforms and eventually there would be a necessity for a marine constructor. Mayor Pro Tem Schiffner clarified that this was part of the cost of the project that would be paid for by LESJWA. Lake Operations Manager Kilroy confirmed. MOVED SY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE AGREEMENT FOR PROFESSIONAL SERVICES WITH KM ENGINEERS. 35. Request far Use of Citv Buses and Staff. (F:116.1)(X:44.2) City Manager Watenpaugh presented an overview of the item and explained that the Lake Elsinore Transportation NOW Coalition had requested the use of two buses and two City staff to drive the buses for a trip to Mt. San Jacinto College. He further explained that the Coalition, in conjunction with the RTA and the Lake Elsinore Unified School District were planning to transport a total of 20 high school freshmen to Mt. San Jacinto College as part of the "Career Day on the RTA" program. He noted that the intent was to pick the students up PAGE TWENTY-ONE - CITY COUNCIL MINUTES - MAR. 25, 2003 from Temescal High School and Lake Elsinore High School, transport them to the Town Center and pick them up when they come back and deliver them back to the schools. He indicated that the goal of the program was to teach kids to use public transportation and show them the local opportunities for continuing their education beyond high school. He noted that the cost would include approximately four hours of staff time and gas for a total of approximately $240. City Manager Watenpaugh stated that the item was not budgeted and he felt that the RTA should fund the project, not the City. Councilwoman Kelley stated that she saw this as an RTA and Lake Elsinore Unified School District project and should be paid for by them. Councilman Hickman agreed with Councilwoman Kelley. He stated that he felt that the School District was more capable of handling this request. Councilman Buckley questioned teaching children to ride the bus. City Manager Watenpaugh stated that it was his understanding that it was an effort to introduce public transportation to the students to overcome a bad image. Mayor Pro Tem Schiffner noted that he felt that the extent of the City's connection was the fact that the City owned several small buses. He stated that he did not believe that the City should be involved in the program. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO DENY THE REQUEST FOR THE USE OF CITY BUSES AND STAFF. ITEM PULLED FROM THE CONSENT CALENDAR PAGE TWENTY-TWO-CITY COUNCIL MINUTES-MAR. 25, 2003 4. Resolution of Support. (F:168.1) Councilwoman Kelley stated that she pulled the item to draw attention to a Resolution by City Council in support of President Bush and the United States Troops in their efforts against Saddam Hussein and Iraq. She stated that regardless of how a person felt, either for or against the war, there were highly trained men and women in Iraq to do a job and she felt that the citizens of the USA should offer their gratitude and support, and keep them in our prayers. Lt. Col. Paula Graver, 218 Ellis Street, thanked all the people who attended the Rally In Support of Our Troops. She thanked the Council for their resolution of support and encouraged the public to support the troops. Councilman Hickman stated that he was a Veteran and was in attendance at the Rally. He stated that he was proud to be an American. Councilman Buckley read Resolution No. 2003-06 and asked that the Resolution be placed in the minutes. Mayor Pro Tem Schiffner commented that regardless of how people felt about the war he felt that they should support their Country, President and the Troops. He stated that he was very much in favor of the Resolution. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNAIVIMOUS VOTE OF THOSE PRESENT TO APPROVE RESOLUTION NO. 2003-06 AS FOLLOWS: RESOLUTION NO. 2003-06 PAGE TWENTY-THREE-CITY COUNCIL MINUTES-MAR. 25, 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE PRESIDENT AND COMMANDER- IN-CHIEF AND OUR TROOPS IN THEIR MATTER OF DISARMING SADDAM HUSSEIN. WHEREAS, Americans have always risen to the need to protect our freedom and security, as well as the freedom and security of nations around the world, when a clear danger is demonstrated; and WHEREAS, this City Council supports the President and Commander-in-Chief in his efforts to achieve disarmament in Iraq; and WHEREAS, there is an urgent need for genuine multilateral action to eliminate weapons of mass destruction in Iraq and worldwide; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lake Elsinore, California, that the City Council hereby supports the President and Commander-in-Chief and the men and women of the armed forces of the United States in efforts to disarm Saddam Hussein and eliminate weapons of mass destruction in Iraq and worldwide. THE CITY COUNCIL MEETING WAS RECESSED AT 7:50 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:03 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-MAR. 25, 2003 Bob Magee, 32400 Beachwood Lane, addressed the safety issues of Tentative Tract Map 30846, proposed by Urban Pacific Builders. He stated that Skylark Drive's access was in the unincorparated area and had been closed by a chain link fence at the County line and prevented vehicular access for emergency purposes. He noted that the fence did not show on any map including the 911 map and created a safety hazard when emergency vehicles need to make access. He described an incident that occurred in the vicinity and noted the extra time it took for the emergency vehicle to backtrack from Skylark Drive and enter through the Serenity Tract to render emergency aid. He asked Council to address the issue on Skylark Drive for the current and future dangers that occur because of the blockage on Skylark Drive. Pete Dawson, 18010 Grand Avenue, stated that he was a member of the United States Coast Guard Auxiliary. He noted that the Coast Guard protects our local harbors and coast. He stated that starting March 27`h at the Lake Elsinore Police Station at 7:00 p.m. there would be Public Safety Boating Classes. He noted that it would be for seven weeks and free to the public. He encouraged the public to attend. He indicated that there would be a Boat Safety Check on Sunday, Apri16~' at 11:00 a.m. on the South Shore of the Lake. He stated that the program makes safer and better boaters. Chris Hyland, 15191 Wavecrest, noted the amount of potholes on Machado Street. She stated that a"band-aid" process was used and would no longer answer the problem. She asked Council to repave Machado Street to eliminate the dangerous conditions that were developing on that roadway. Jerry Harmatz, 512 N. Spring Street, stated that he has lived in Lake Elsinore for forty years and spoke in favor of sheltering the homeless. He encouraged low-cost housing and affordable rentals. He stated that he was speaking in support of Mayor Brinley and the Homeless Shelter Committee's efforts to make a difference in the lives of those who have less. He noted three simple PAGE TWENTY-FIV~CITY COUNCIL MINUTES-MAR. 25, 2003 words "Food, Shelter, Clothing" were found throughout the bible and as it was written, let it be done. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: Stated that he would look into the fence issue on Skylark Drive. 2. Addressed Machado Street and stated that in mid April there would be recommendations presented to Council for prioritization of projects for funding from the Mid-Year Budget or it would be brought back at Budget Time July 1S` 3. Addressed the Homeless Committee and stated that they were waiting for word from the Ministers and School District for their appointments and then the first meeting would be set. 4. Noted that Lisa Gibbons was the new Deputy City Clerk and Finance Manager Magee was standing in for Mr. Boone who had retired. 5. Thanked Sergeant Scott Collins and Officer Dan Kelley for their good work in the community and wished them well in their future careers. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: PAGE TWENTY-SIX-CITY COUNCIL MINUTES-MAR. 25, 2003 Commented that the trash bills could be placed on the tax roll and used as a write-off. He stated that the number to call was 1-800-755-8112 and they would be glad to help. 2. Announce that John Henry Company on Corydon would be having a yearly clearance sale of baskets and ribbons, on March 29`h at 8:00 a.m. Stated that he had attended the Rally for the Troops and felt that it was a worthwhile effort. 4. Thanked EVMWD Board for their help with the clean-up of the San Jacinto Watershed. Noted that his dog had passed away and they had gone to LEAF and adopted another dog. He thanked LEAF for their assistance. 6. Thanked Adria Paredes for her years of service and commented on the nice party that was held for her retirement at Las Palmas. 7. Encouraged people to call in regarding potholes and report their locations. He noted that the City was on the job, but any help locating potholes would be greatly appreciated. 8. Encouraged the public to support the Troops. Councilwoman Kelley commented on the following: Thanked Sergeant Collins and Officer Kelley for their hard work and years of service in the City. 2. Congratulated Adria Paredes and Bob Boone on their retirement. She stated that they would be missed. PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-MAR. 25, 2003 Encouraged the public to support the Troops. Councilman Buckley commented on the following: Extended his wishes and prayers to the family of Vicki Kasad, City Clerk who recently lost her father. 2. Thanked Lt. Col. Paula Graver for her hard work in support of the Troops in Iraq. 3. Commented on Skylark Drive and stated that it was fenced and related an incident that he experienced when he was a reporter. He stressed the need to address this issue. Mayor Pro Tem Schiffner commented on the following: Thanked Sergeant Collins and Officer Kelley for their service to the City. 2. Thanked both Lisa Gibbons and Adria Paredes for their support that this Council Meeting and noted the loss of City Clerk Kasad's Father. Announced the Worlds Best Skate Board Event at McVicker Skate Park on Saturday and Sunday, March 29`h and 30`h' at 11:00 a.m. He encouraged people to attend. 4. Announced the San Diego Padres Exhibition Game this Saturday, March 29`h at 6:05 at the Diamond Stadium. Announced Opening Day for the Lake Elsinare Storm, Thursday, Apri13`d, 7:05 p.m. at the Diamond Stadium. PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-MAR. 25, 2003 City Manager Watenpaugh commented that Mayor Brinley was absent from the meeting this evening because she was in Washington D.C. with the Valley Group regarding water for the Lake and habitat issue for the City. . ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:15 P.M. - ~ , ~ ,MA CITY OF LAKE Respectfully submitted, G~~~ ~~~~ Lisa Gibbons, City Clerk's Office AT EST: ~ , ; ~ CHI KA AD, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE