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HomeMy WebLinkAbout05-27-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 27, 2003 ~:~*~*:~~~~,~:~:~*~:~~~:~~~:~~**:~~:~~:~*~~~:~~:~~:~~:~*~:~~*~,~~~*:~~:~~~~**:~:~~~~~~:~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE 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, Deputy City Clerk Ray and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 549569 (1 case). (F:401)(X:52.1) City Attorney Leibold announced the Closed Session discussion as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. Page 'I~vo - City Council Minutes - May 27, 2003 The Closed Session discussion was completed at 6:05 p.m. RECONVENE PUBLIC SESSION (7:00 p.m.) Mayor Brinley reconvened the Regular City Council Meeting in Public Session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Fire Chief Gallegos. INVOCATION Mayor Brinley led the meeting in a Moment of Silent reflection. 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, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh, Finance Manager Magee, City Treasurer Judziewicz, Deputy City Clerk Ray and City Clerk/Human Resources Director Kasad. PRESENTATIONS a. Presentation - Business of the Quarter - Winter, 2003. (F:56.1)(X:70.1) Page Three - City Council Minutes - May 27, 2003 Mayor Brinley called Assistant City Manager Best forward to accept on behalf of the Business of the Quarter. Mayor Brinley detailed the accomplishments of Kokoro's Japanese Restaurant and Sushi Bar. She indicated that the business was owned by Yung and Hong Kong, and noted the Restaurant's location. She advised that the Restaurant serves over 200 customers each day, and the frequent customers are known on a first name basis. She congratulated Kokoro's on this recognition. b. Proclamation - Small Business Month - Mav 2003. (F:122.1) Mayor Brinley read and presented the Proclamation to Assistant City Manager Best on behalf of the Chamber of Commerce. Assistant City Manager Best commented that the efforts of the small businesses in the community were very much appreciated. c. Presentation - Chamber of Commerce Update. (F:108.4) Mayor Brinley provided an update on behalf of the Chamber of Commerce and noted the upcoming events including the Chamber Mixer in the Cultural Center on Thursday, May 29`~', hosted by the Edison Company, to include an Energy Expo. She further announced the Student of the Year Awards Ceremony to be held on June 15` at 7 p.m. at the First Assembly of God Church. She also announced the upcoming Reverse Drawing on July 15~' and detailed the planned festivities. CLOSED SESSION REPORT City Attorney Leibold reported that the Closed Session discussion of the item listed on the agenda was held, with no reportable action. PUBLIC COMMENTS - AGENDIZED ITEMS Page Four - City Council Minutes - May 27, 2003 Requests were received to address the following items and deferred to those discussions: Item Nos. 8, 21 and 32. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5 and 8. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - May 13, 2003. b. Regular City Council Meeting - May 13, 2003. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Meeting - May 6, 2003. (F:60.3) 2. Ratified Warrant List for May 16, 2003. (F:123) 3. Rejected and referred to Claims Administrator the Claims Against the City submitted by Nancy & Bobby Davis (CL 2003-03) and Lisa Naylor (CL #2003-08). (F:52.2) 6. Approved CR & R- Annual Consumer Price Index Increase of $.55 per month, Effective July 1, 2003. (F:68.1)(X:163.1) Page Five - City Council Minutes - May 27, 2003 7. Resolution of Intention to Vacate a Portion of Old Collier Road - ResolutionNo. 2003-11. (F:10.1) RESOLUTION NO. 2003-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF A PORTION OF "OLD" COLLIER AVENUE. 9 Appoint Councilman Buckley to the Northwest Mosquito and Vector Control District, to a two year term expiring in December of 2004. (F:44.1)(X:161.1) 10. Approved Final Parcel Map 30832, subject to City Engineer's acceptance; authorized the City Clerk to sing the map and arrange for recordation; and approved the Application for Assessment Apportionment subject to any response to the underwriter during the required notification period. (F:110.2) PUBLIC HEARINGS 21. Liberty Specific Plan Amendment No. 4, General Plan Amendment No. 2003-01, Zone Chamber No. 2003-01, and Design Review for I 2003-02. - Ordinance Nos. 1098 & 1099, Resolution No. 2003-12. ~F: iso.a~~x:s3. i~~x: i~a.a~ City Manager Watenpaugh noted the site renderings to the left of the dais, and deferred to Mr. Brady for presentation. Community Development Director Brady noted that there were five actions requested in connection with this item. He advised that the project was located on Corydon Road, southwest of Cereal Street; and explained that it was for a 24,925 square foot industrial building. He further explained that it was requested that the City Council approve the Negative Declaration, amend the Specific Plan to remove this site, change the General Plan designation to light industrial, rezone the site from residential to light Page Six - City Council Minutes - May 27, 2003 industrial, and approved the Design Review for the building. He noted that staff had worked with the applicant on the design of the structure to get some color accents and design features. Mayor Brinley opened the public hearing at 7:10 p.m., asking those persons interested in this item to speak. No one spoke. Mayor Pro Tem Schiffner indicated that the project sounded great. Councilwoman Kelley indicated that her questions had already been answered. Councilman Hickman questioned what kind of business would go into the buildings. Community Development Director Brady indicated that the buildings were "sped' at this point, so the use was not known. Councilman Hickxnan indicated that he was glad to see the industrial development beginning. Councilman Buckley requested that the City Attorney provide an explanation of this project in connection with the Civic Partners agreement. City Attorney Leibold clarified that this land use consideration would delete the project from the Specific Plan. She stressed that this would be exclusively a land use decision, and has no impact on the Disposition and Development Agreement between Laing/Civic and the Redevelopment Agency. She explained that the tax increment dollars generated within the boundaries of this project would still be available to Laing/Civic for extraordinary infrastructure improvements, when and if they expend that amount of money for eligible improvements. Councilman Buckley indicated that the project looked fine, and it was nice to see people willing to build in the back basin and not ask for money. Mayor Pro Tem Schiffner commented that with regard to Liberty, they could gain from this action in the future, however, it was not due to action, as they Page Seven - City Council Minutes - May 27, 2003 were already entitled to the funding based on specified criteria. Mayor Brinley indicated that this was a good action, as it would allow the industrial area to expand and build and bring jobs. Mayor Brinley closed the public hearing at 7:15 pm. MOVED BY BRiNLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION MND NO. 2003-O1. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1098, UPON FIRST READING BY TITLE ONLY: ORDINANCE N0.1098 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 93-3, AMENDMENT NO. 4, AN AMENDMENT FOR THE REMOVAL OF PARCELS WITHIN APPROVED LIBERTY SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 370-080- 014. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Page Eight - City Council Minutes - May 27, 2003 ABSTAIN: COUNCILMEMBERS: NONE MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-12. RESOLUTION NO. 2003-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE FIRST CYCLE OF THE CALENDAR YEAR 2003 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003-O1 TO AMEND THE LAND USE DESIGNATION OF PARCEL SPECIFICALLY DESCRIBED AS (APN 370-080-014) FROM RESIDENTIAL 2 UNDER THE LIBERTY SPECIFIC PLAN TO (L-i) LIMITED INDUSTRIAL UNDER THE GENERAL PLAN. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1099, UPON FIRST READING BY TITLE ONLY: ORDINANCE N0.1099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-O1 CHANGING THE ZONING DESIGNATION OF PARCELS SPECIFICALLY DESCRIBED AS APN 370-080-014 FROM RESIDENTIAL 2 IN THE LIBERTY SP TO M-1 (LIMITED MANUFACTURING) UNDER THE ZONING CODE AND MAP. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, Page Nine - City Council Minutes -May 27, 2003 BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2003-02, BASED ON THE FOLLOWING FINDINGS, EXHIBITS A THRU F, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - GENERAL PLAN AND SPECIFIC PLAN AMENDMENTS 1. The proposed General Plan and Specific Plan Amendments will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan and Specific Plan Amendments will permit reasonable development of the area consistent with its constraints and allow land uses that would be compatible with adjacent properties. 3. The proposed General Plan and Specific Plan Amendments would establish a land use density and usage more in character with the subject property's location, access, and constraints. 4. The proposed General Plan and Specific Plan Amendments will not have a significant impacts on the environment. Page Ten - City Council Minutes - May 27, 2003 FINDINGS - ZONE CHANGE 1. The proposed zone change will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to property or improvements in the neighborhood or within the City. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the standards established in the Municipal Code. 3. This project will not have a significant impact on the environment. Mitigation Measures have been incorporated. DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the intended General Plan and the Zoning District in which the project will be located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. PLANNING DIVISION 1. Design Review approval for Industrial Project No. I 2003-02 will lapse and be void unless building permits are issued within one (1) year of City Council Page Eleven - City Council Minutes - May 27, 2003 approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building DivisionPlan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property , or public streets. Any material covering the roof equipment shall match the primary wall color. 5. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 6. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `B' loading zones. Page Twelve - City Council Minutes -May 27, 2003 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. An additional ADA compatible space shall be added prior to Certificate of Occupancy. Total of 3 spaces required. 8. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee 9. No exterior roof ladders shall be permitted. l0. Applicant shall use roofing materials with Class "A" fire rating. 11. All e~erior downspouts shall be concealed or architecturally screen and painted to match with building eaterior color. 12. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 13. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. The applicant shall provide one additional accent color to the colors proposed. This color shall be reviewed and approved by the Community Development Director or designee. 14. On-site surface drainage shall not cross sidewalks. 15. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 16. The Community Development Director or designee shall approve all signs for the project. Page Thirteen - City Council Minutes - May 27, 2003 17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BLTILDING/GRADING PERMITS 18. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 19. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40°/a) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. Page Fourteen - City Council Minutes -May 27, 2003 f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering.\ h. All landscape improvements shall be bonded 100% for material and labor far two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. 20. Applicant shall comply with the requirements ofthe Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official priar to issuance of building permits and final approval. 21. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. Page Fifteen - City Council Minutes - May 27, 2003 22. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 23. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 24. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinare Municipal Code (LEMC) prior to building permit. 25. Dedicate a 20 ft. wide strip of additional street right-of-way along the frontage of Corydon St. to the City prior to issuance of building permit. 26. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 27. n„i~. „ o a,-;.,o.,..,.. .,,;ii t,o ~ii,,.,.oa f ,a * ~ a c+ r s .,~~ Ro=r A~=oo~• Easterly driveway shall be a restricted right turn in, right turn out. (added by , Planning Commission 5-6-03) 28. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Res. 85-26). The traffic mitigation fee is $17,522. 29. 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 applying for a building permit. 30. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). Page Sixteen - City Council Minutes -May 27, 2003 31. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 32. The applicant shall furnish a signing and striping plan for Corydon St., subject to the approval of the City Engineer. 33. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division befare final inspection of off-site improvements will be scheduled and approved. 35. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 36. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Cali£ Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 37. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and met the goals of the BNII' in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Page Seventeen - City Council Minutes - May 27, 2003 38. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway ar alley shall be the responsibility of the property owner or his agent. 39. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 40. This site shall drain towards Corydon St. or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 41. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 42. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 43. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 44. Meet all requirements of LEMC 15.68 regarding floodplain management. Part of this site is in FEMA flood zone AE and any building in this zone will require the building floar elevation to be above an elevation of 1267 feet. 45. The applicant to provide FEMA elevation certificates if necessary prior to : certificate of occupancies 46. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 47. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. Page Eighteen - City Council Minutes - May 27, 2003 48. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for vehicle maintenance, outdoor starage, building maintenance and landscaping. 49. 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. 50. Education guidelines and Best Management Practices (BMP) shall be provided to occupants of the building for outdoor storage, vehicle maintenance, building maintenance and landscaping as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 5L In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. BUSINESS ITEMS 31. Second Reading Ordinance No. 1097 - Can on Hills Specific Plan Amendment No. 1. (F:150.2) Page Nineteen - City Council Minutes - May 27, 2003 MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE N0.1097, UPON SECOND READING BY TITLE ONLY: ORDINANCE N0.1097 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING AMENDMENT NO. 1 TO THE CANYON HILLS SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. l Oth Season Anniversary Celebration - Lake Elsinore Diamond Stadium. (F:134.10) City Manager Watenpaugh explained this combination request on behalf of the Council and in discussion with the Storm. He commented that there had been discussion of a celebration for the 10~h Season at the Stadium, with a proposed give-away on July 4`~', additional fireworks and a VIP reception, followed by a presentation on the field. He noted the overview for the celebration as proposed by Mr. Oster, and explained that they would be marketing the event. He advised that the there had been a change, but the cost would be $10,000, plus $4,200 for the multi-colored balls for give- aways; and noted that the $4,200 had already been expended. Page Twenty - City Council Minutes - May 27, 2003 Councilman Buckley commented that considering the calls he received last year about no July 4'~' Fireworks, there should definitely be a special event this year. He further commented that other considerations were the 10"' Anniversary of the Stadium and recognition of the troops returning from the war. He suggested trying to make this an event to honor the military and eapressed support far the request. Paula Graeer, Lt. Col., 218 Ellis Street, indicated that she already spoke to a Storm representative and her part was to connect with the VFW and Foreign Legion Post to get the names of the returning troops. She indicated that she would have special pins for presentation to them. She suggested that the proposal was worth the money. Councilman Hickman questioned the total cost, and commented that it was a way to celebrate with the returning troops. Mayor Pro Tem Schiffner indicated that there would always be some one who, felt there were other uses for the money; however this year the budget was not in bad shape, and this was a worthwhile effort. Councilwoman Kelley indicated that she was in favor of this three day enhanced celebration for July 4`h. She noted that over the last ten years, forty former Storm have made it to the major leagues; and eight were on the 2002 Angels roster. She commented that it was even more important to celebrate with returning troops. Mayor Brinley concurred that there was so much to be grateful for and expressed pride in the Armed Forces. She expressed support for the proposed celebration. MOVEID BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSAL PROVIDED BY Page Twenty-One - City Council Minutes - May 27, 2003 THE STORM, FOR THE lOTH SEASON ANNIVERSARY AT THE DIAMOND AND APPROVED $10,000 IN FUNDING TO PARTICIPATE. ITEMS PULLED FROM THE CONSENT CALENDAR 4. McVicker Canyon Skate Park Agreement - Action Park Alliance. (F:68.1)(X:114.14) City Manager Watenpaugh highlighted this item which would ratify the past Council action far funding assistance. He clarified that the agreement was for Fiscal Year 2002-03 funding; and the future year would be voted on at budget time. Councilman Hickman requested an explanation for the public as to why it was back for consideration. He inquired if the concessionaire had ever paid any money on the percentage of the gross. City Manager Watenpaugh indicated that it had not yet been paid to the City. Councilman Hickman indicated that his concern was that it was good for the kids and they used it. He stressed his concern with bringing the information back to the public. Councilman Buckley explained that the contract was for four years, but because the City could not pre-approve the expenditure, so the annual subsidy would need to be approved at each year's budget consideration. He indicated that it was only contemplated for 1-1/2 years of subsidy, and it was possible that in theory the City could get some money back. He questioned if Spohn Limited was limited to making 20% net profit, so the City would receive the balance. Community Services Director Sapp confirmed. City Attorney Leibold clarified further. Councilman Buckley noted that the gross receipts did not include the subsidy; and calculated the monthly income potential. He noted that he would probably vote no on this item. Page Twenty-Two - City Council Minutes - May 27, 2003 weeks there were 2,631 users. He indicated that the kids were using the facility and the City was providing a service. He stressed the benefits of having a supervised facility. Community Services Director Sapp indicated that they would be providing a comprehensive marketing plan. Councilwoman Kelley noted that there was an event at the facility last Friday evening. Mayor Brinley questioned the marketing plan. Community Services Director Sapp confirmed that it would be provided and noted that it would be increased as time goes by. Councilwoman Kelley inquired if the tape of the event on television had been received. Community Services Director Sapp indicated that he would remind them that there was an interest in a copy. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE THE AMENDED AGREEMENT WITH ACTION PARK ALLIANCE AND AUTHORIZED EXECUTION OF THE DOCUMENTS. Floating Food Concession on Lake Elsinore - Triple "F". (F:68.1)(X:92.1) City Manager Watenpaugh explained this proposal for a floating vendor with pre-packaged food and soft drinks. He indicated that they would start with a pontoon boat, and be required to meet all Health Department requirements, safety requirements and control trash on the Lake. Councilman Hickman noted that he lived on a lake in Michigan, and expressed concern with litter being left on the lake. He inquired if there were other lakes with this type of service. Community Services Director Sapp was not aware of another lake. City Manager Watenpaugh noted that the applicant was present. Councilman Hickman requested input from the applicant. Mark Vester, applicant, introduced himself. Councilman Hickman Page Twenty-Three - City Council Minutes - May 27, 2003 questioned the number of boats using the lake on the weekend. Community Services Director Sapp indicated that there had been about 800 over the weekend, but the average was closed to 1,000. Councilman Hickman expressed concern that when people drink and have fun they might tend to leave litter behind. He questioned the ability to prevent that. Mr. Vester indicated that he was planning to have trash cans on the pontoon boat and minimizing the trash generation. He indicated that they would clean the shore areas they serve at the end of the day. Councilman Hickxnan questioned how far they would go out into the water. Mr. Vester indicated that they were planning to serve public beaches at the shore, and noted that the pontoon was designed so they could go onto the beach. He further indicated that they would limit the trash by pre-packaging the food; which would cause less trash than people would bring from home. He indicated that they were willing to go as far as providing trash bags with the food to prevent littering. City Manager Watenpaugh clarified that the police patrol the lake very well, so alcohol does not last long. Mr. Vester further clarified that they were not planning on selling alcohol, only soft drinks. He noted that they would also serve the needs of boaters with item such as sun creme, etc. Councilman Hiclanan asked if the launch businesses had been contacted for their opinions. Community Services Director Sapp indicated that part of the discussion was intended to prevent conflicts with e~sting lake services. Mayor Brinley indicated that staff would keep a close eye on this operation and come back if a problem arose. Councilman Buckley suggested that City staff investigate putting trash barrels on the floating restroom platform as another depository; and possible cardboard containers on shore in the coves. Community Services Director Sapp indicated that there were already steel trash cans in the coves. Councilman Buckley reiterated if the cans would fit on the restroom platform, it would be perfect for trash disposal. Mayor I'ro Tem Schiffner indicated that he was also concerned with the cleanliness of the Lake, but people use it now and bring food and drinks and Page Twenty-Four - City Council Minutes - May 27, 2003 it has not been a major problem. He indicated that he could not see it being a big contributor to the problem; and if it accumulates, they will clean it up. He indicated that he was not thrilled about the operation, but expressed hopes that it would go well. He commented that the operator was investing his time and money, and had investigated the potential, so he was in favor of letting him try it. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE AGREEMENT WITH TRIPLE "F" LLC FOR THE OPERATION OF A FOOD CONCESSION ON THE LAKE AND AUTHORIZED EXECUTION OF THE DOCUMENTS. Mayor Brinley reiterated that staff was to monitor the operation for problems. City Attorney Leibold questioned the interest in an expressed provision on litter monitoring. THE FOREGOING MOTION WAS AMENDED WITH CONCURRENCE OF THE SECOND TO INCLUDE A PROVISION ON LITTER MONITORING. THE FOREGOING MOTION AS AMENDED, CARRIED BY UNANIMOUS VOTE. 8. Request for Waiver of Fees for Prayer Force Christian Concert. (F:62.1) City Manager Watenpaugh highlighted this item which involved an event on June 7t'', from 9 a.m. to 9 p.m. at the Diamond. He noted that the total of the costs for the event was $14,868. He clarified that he had been advised earlier today that the message board would not be used, so the cost would be reduced by $1,250 in fees. He advised that the request would be for the waiver of $3,716, and noted that staff had no authority to waive fees, so it Page Twenty-Five - City Council Minutes - May 27, 2003 was a decision for the Council to make. Councilwoman Kelley commented that waiving fees for non-profits was always a dilemma far the Council; as she would like to give back to the community, but there are costs associates. She indicated that the Council had known there was a need to tighten the policy and take a stand; but noted that they had already supported a lot of non-profit agencies so far this year. She suggested supporting this concert with a waiver of fees, but encouraged her fellow Councilmembers to take a look at the policy, tighten it up and stick to it. She indicated that every non-profit was deserving, but it was costly. Mayor Pro Tem Schiffner indicated that he would like to be able to assist, and intended to vote in favor of the waiver. He commented that he too intended to push far a tighter policy to prevent fee waivers for anyone or anything. He noted that there tended to be the suggestion that asking for waivers was not the same as asking for money, but stressed that it was still an expenditure for the City, and it was difficult deciding who would get funds and who would not. He agreed that it would be addressed at budget time to prevent this situation in the future, but in this case he was in support of helping religious and other worthwhile things. Councilwoman Kelley clarified that this request was not to waive the entire cost, only $3,716. Councilman Hickman commented that the Council had been very kind publicly, as the discussion had been more heated earlier. He stressed that the plan was to terminate any future waivers. He expressed concern that this was the last Council meeting before the event and the event planners knew it was coming much earlier, so he would have liked to have heard it earlier. He agreed that there should be some waiver, but not for $3,716. He suggested splitting it and waiver $1,858. He indicated that he did not want to be blindsided anymore at the last minute, and stressed that it should be Page Twenty-Six - City Council Minutes - May 27, 2003 requested much further in advance. He commented that the Council needed to get tough with the program, because the State budget impacts were still unknown. He reiterated that he would only waive $1,858. Mayor Brinley commented that the Council needed to start buckling down, because it sometimes puts staff in a hard position. maintain facilities with the money set aside, and the need to establish firm policies. She commented that there were many worthy organizations, but the realization is that it is not possible to waive fees and maintain the facilities. She stressed the need to stop giving waivers. She commended Mrs. Smith on her efforts in the community. Councilman Buckley commented that there were good arguments on both sides of the waiver issues, but noted that a blanket policy would save the City money and get away from questions of fairness. He suggested that those with City business cards forget that they dont own the Stadium, so if any local organizations can benefit through use of the facility it should be allowed. He stressed having a specific policy on what can or can't be waived. He reiterated that there were good arguments on either side. Mayor Pro Tem Schiffner commented that future applicants could not expect a lot in the future. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH COUNCILMAN HICKMAN ABSTAINING T'O WAIVE THE FEE FOR $3,716. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:57 P.M. She stressed the need to THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. Page T~venty-Seven - City Council Minutes - May 27, 2003 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Ron LaPere, 16867 Wells, noted his comments at the last meeting regarding the improvement of the quality of life, with a request for additional police officers in the field. He noted that to some extent that was being addressed, but indicated that more was needed. He requested that management be authorized to do a risk management survey in and around the Lake to point out risk areas and potential danger areas for the City. He noted that it would point out remedies and suggest improvements or areas of concern to address. He suggested that now was a good time to do such a survey, before the summer season. He fitrther suggested that the City's current carrier could do such a survey. Pastor Fred Rodriguez, thanked local VFW Post 1508 and American Legion Post 200 for the outstanding Memorial Day service at the local cemetery. He detailed the event and indicated that he was grateful to the heros for letting his church be involved in the event. He expressed prayers for even greater attendance next year. He thanked the Council for their attendance at the event. He stressed that the freedoms found in the U.S., were not found anywhere else in the world. He commended military personnel on their sacrifices to maintain freedom. He thanked the Council and staff for representing the City at various functions and representing the community well. He further thanked them for their splendid leadership of the community, and noted that he prays for the Council and staff on a daily basis. Lt. Col. Paula Graver, 218 Ellis, noted that rallies to support the troops were continuing. She read articles about troops serving in Kuwait, and noted that the local rallies were to counter the negative rallies being seen. She stressed the need to provide support to help improve morale. She reiterated that she would continue to hold rallies as long as there were troops in harm's way. She announced that this week's rally would be in front of Burger King on Mission Trail. She noted that Councilman Hickman and Mayor Pro Tem Schiffner were present last weekend, and encouraged everyone to attend a rally. Page Twenty-Eight - City Council Minutes - May 27, 2003 Woody Woodward, 29108 Sunswept, asked for the Council's assistance with the work being done behind their homes. He noted the City Ordinance which allows for grading and construction from 7 a.m. to 5 p.m., and advised that they were working at 630 a.m. and on Saturdays. He further noted that there was no dust control being done on the job site. He noted that other communities would cite builders and prevent work from occurring. He stressed that while it would still be annoying, he would like the builders to be required to comply with the regulations. Mayor Brinley requested that City Manager Watenpaugh and staff address the concerns and get back to Mr. Woodward. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Congratulated Councilwoman Kelley on her recognition as Teacher of the Year at Rice Canyon School. 2) Noted concerns with the sound system and the Council's efforts to use the microphones so they could be heard. 3) Thanked Lt. Col. Graver for her work on behalf of the troops. 4) Thanked Mr. Oster and staff on their support far the July 4`t' program. 5) Advised that he would get back to Mr. Woodward. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. Page Twenty-Nine - City Council Minutes - May 27, 2003 CITY COUNCIL COMMENTS Councilwoman Kelley had no comments. Councilman Hickman commented on the following: 1) Congratulated Councilwoman Kelley on Teacher of the Year honors. 2) Noted that he attended the Memorial Day Service and it was an excellent reminder. He read a quote on freedom and gave statistics on war losses. He also noted the F-16 flyover at the Memorial Day event. 3) Addressed the requested waiver of fees, and stressed that he ball diamond belonged to the public and he liked to see good uses, but clarified the related fiduciary responsibility. He stressed that he did not appreciate the short notice, which blindsided the Council. He commented that with the State debt, the impact on the City is not yet known. He noted that there were 400 people at the Memorial Day Service and it was very successful. Councilman Buclcley commented on the following: 1) Questioned the concerns expressed by Mr. Woodward. Community Development Director Brady indicated that there was a process and a fine, which could be imposed for working beyond the allowed hours. He indicated that an inspector was going out there at 5 p.m. to be sure they were stopping work, in an effort to curtail the hours of operation. 2) Indicated that he received a call about dumping on Franklin Street, and inquired if it was possible to make people put up fences on vacant property, when it is a consistent problem. City Manager Watenpaugh inquired if there could be a local ordinance to fine the property Page Thirty - City Council Minutes - May 27, 2003 owners. City Attorney Leibold indicated that the Council could adopt an ordinance imposing fines and other penalties. She questioned the ability to obligate someone to construct a fence on unimproved property unless it was a dangerous situation. 3) Thanked Mayor Brinley for his appointment to the Vector Control Board. 4) Noted for the public a letter from the Greyhound Bus line, and questioned if the City had lost service. City Manager Watenpaugh had not yet seen the letter. City Attorney Leibold reviewed the letter and suggested that they appeared to be notifying everyone on the line. Councilman Buckley requested that staff clarify the letter. 5) Indicated that the Memorial Day Service was very nice; and Memorial Day was good for the campgrounds, fishing, etc. 6) Offered condolences to Mrs. Chris Hyland and Mrs. Nita Van Heest on the loss of their husbands. He suggested that it took a special spouse to put up with the circumstances of living with someone who is politically involved. Mayor Pro Tem Schiffner commented on the following: 1) Commented on the problem with earth moving, and indicated that he would expect that staff would address the situation and enforce the regulations. 2) Indicated that he attended the Memorial service which was wonderful, and indicated that he had the same tremendous respect for those who did not die in service to the Country. He stressed the many thousands of inen and women who participated and survived with scared bodies and minds. He noted his personal involvement in the aftermath of war Page Thirty-One - City Council Minutes - May 27, 2003 60 years ago, and indicated that he personally saw more than 100,000 troops wounded in a variety of ways. He stressed the importance of consideration of persons who sustained injuries in the defense of the nation. Mayor Brinley commented on the following: 1) Indicated that it was hard not to follow the stories of military sacrifices, and commented Pastor Rodriguez for his support of the City and community and his participation in events recognizing the military. She expressed appreciation for the opportunity to participate in the Memorial Day event. She thanked Congressman Calvert for his assistance with the flyover for the event and noted that while no longer the local Congressman, he was still a friend to the community. 2) Highlighted the following upcoming events: May 29 - Rancho Verde High School Graduation June 7- World of Warship Concert June 7- Household Hazardous Waste Disposal June 8- Open Air Market June 11 - Temescal Canyon High School Graduation June 12 -Elsinore High School Graduation June 14 - Just for Kids Fishing Derby 3) Announced the Rally in Support of the Troops this Saturday, May 315t from 10 a.m. to 3 p.m. at the Burger King on Diamond Drive/Mission Trail. She invited everyone to participate and contact Paula Graver at 245-8587 for more information. ADJOURNMENT Page Thirty-Two - City Council Minutes - May 27, 2003 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO MEETING AT 8:35 P.M. THE CITY COUNCIL CITY OF CLERK/ ELSINORE HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE