Loading...
HomeMy WebLinkAbout10-08-2002 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 812002 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 5:20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BRINLEY 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, and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Government Code Section 54956.9) - City of Lake Elsinore, Redevelopment Agency Of the City of Lake Elsinore v. Diamond Sports & Entertainment LLC et. al (Riverside County Superior Court Case #356131).(F:52.2)(X:40.1) B. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION - (Subdivision (a) of Government Code Section 54956.9) - Liberty Founders LLC v. City of Lake Elsinore et. al (Riverside County Superior Court Case 9355890). (F:52.2)(X:40.1) PAGE TWO — CITY COUNCIL MINUTES — OCTOBER 8, 2002 C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 (2 cases). (F:40.1) City Attorney Leibold announced the Closed Session items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:22 p.m. The Closed Session discussion was completed at 6:40 p.m. RECONVENE PUBLIC SESSION (7:00 P.M. Mayor Kelley reconvened the Regular City Council Meeting in public session at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Community Services Director Sapp. INVOCATION The Invocation was provided by Pastor Chuck Aden, representing Shepard of Life Lutheran Church. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community PAGE THREE — CITY COUNCIL MINUTES — OCTOBER 8, 2002 Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh, Information /Communications Manager Dennis, City Treasurer Ferro and City Clerk/Human Resources Director Kasad. PRESENTATIONS a. Presentation - Chamber of Commerce Update. (F:108.4) Chris McColley, Executive Director, Lake Elsinore Valley Chamber of Commerce, congratulated Business of the Month, Artisan Goldsmith & Awards; and noted that they would be honored at the EDC luncheon on Thursday. She announced that the EDC luncheon for this month would address Tourism and Travel in the State of California, and include State Tourism representatives. She also announced that the last Mixer of the year would be held on October 24`x' at Coco's restaurant, with a Halloween Theme from 5:30 to 7:30 p.m. She indicated that the Student of the Month lunch would been held on October 29`" at Noon at Sizzler. She advised that the last EDC lunch of the year would be held on November 14'x' from 11:30 to 1:30 with a panel presentation on International Trade. She announced that the second edition of the "Lake Elsinore Explorer" would be published on October 16'h with a distribution of over 20,000 pieces. She advised that the Chamber would be producing 5,000 maps of the Lake Elsinore Valley, which should be ready by the first of the year. She noted that the Chamber website had received over 273,000 hits, and they had received thousands of requests for relocation information this year. b. Presentation - Lake Elsinore /San Jacinto Watershed Authority - Mark Norton. (17:92.6) Mark Norton, Manager of Planning, Santa Ana Watershed Project Authority, addressed upcoming ballot propositions 50 and 51. He explained the Santa Ana Integrated Watershed Program which was developed in conjunction with passage of Proposition 13, to increase water supply, drought proof the region, enhance the environment and increase regional self - reliance. He PAGE FOUR — CITY COUNCIL MINUTES — OCTOBER 8, 2002 advised that the cost of this program would be nearly $3 billion over a period of ten years; and indicated that funds would come from Proposition 13, local matching funds, a federal match from the Ca1Fed process and additional state bond funds. Mr. Norton explained the upcoming Proposition 50 and indicated that it was ideally suited to the Integrated Watershed Program, which was targeted at Groundwater Cleanup, Water Recycling, Water Storage, Storm & Flood Water Management and Recreation & Conservation. Mr. Norton then explained the upcoming Proposition 51 which would allocate 30% of the sales taxes on motor vehicles to transportation purposes. He advised that the total benefit to the Santa Ana Watershed was estimated at $1.147 billion over ten years. He explained that the plan was to provide funds for increased traffic and water impacts associated with transportation. He advised that the ongoing funding would ensure planning and implementation of necessary projects. He indicated that the benefits to Lake Elsinore would include $15 million to SAWPA and LESJWA to assist with the Lake and the San Jacinto Watershed. He further indicated that there was funding support to assist with the control of nutrients from non -point source pollution. He estimated the total future funding needs for Lake Elsinore and the Watershed at $63,836,000 and detailed the projects included in those needs. He encouraged support of Proposition 51 on November 5'. C. Presentation - Proposition 47 - SOS Committee. (17:96.1)(X:142.1) Mayor Kelley noted that the representative was not present and suggested holding the request to a later time. CLOSED SESSION REPORT City Attorney Leibold reported that the Council met in Closed Session on the listed items, with no reportable action. PAGE FIVE — CITY COUNCIL MINUTES — OCTOBER 8, 2002 PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following item and deferred to that discussion: Item No. 21. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 6. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council Study Session - September 19 2002. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - September 17, 2002. (F:60.3) 2. Ratified Warrant List for September 30, 2002. (F:12.3) Approved 2002 -2003 —28 ' Year C.D.B.G. Supplemental Agreement for Operation School Bell ($2,500); H.O.P.E. ($2,500); Lake Elsinore Senior Center ($25,000); Code Enforcement /Structure Abatement ($20,000); Dangerous Structure Abatement ($50,000); and Swick/Matich Park ADA Restroom Construction Project ($115,892); and authorized the Mayor and City Clerk to Execute the documents and forward to Riverside County Economic Development Agency. (F:84.2) PAGE SIX — CITY COUNCIL MINUTES — OCTOBER 8, 2002 5. Approved Contract with Kobata and Associates in the amount of $18,600 for the design, plans and specifications and bid documents for the Swick/Matich Park Restroom/Concession Building Project. (F:68. 1)(X: 114.6) PUBLIC HEARINGS 21. Zone Change No. ZC 2002 -04 and Design Review for Residential Project No. R- 2001 -12, Multi- Family Apartment Complex Located at Rupard Street and Pottery Street - APN 377 - 313 -013. (F:138.2)(X:172.1) Community Development Director Brady explained that this item included two components; first the zone change from R -1 to R -2, and second the approval of the proposed three apartment buildings. He advised that the property was approximately 1.85 acres, located along Rupard between Pottery and Flint; and included 24 units. He noted the renderings for the project and noted that it would be a Mediterranean style stucco. He advised that they would be providing 64 parking spaces covered and uncovered, which was eight more than would be required by Code. He further advised that they would be providing a play /recreation area for the residents. He indicated that the developer would be dedicating right -of -way for streets, and providing street improvements on Flint and Rupard, and asphalt curbing on Pottery. He suggested minor modifications on Condition No. 6 with regard to the wall parallel to Rupard, taking it from a six -foot wall to an eight -foot block wall. He also suggested wrought iron for visibility on the Pottery Street side. He indicated that additional conditions were discussed earlier today regarding participation in the City's Crime Free Multi- Housing Program, which would be added as Condition 69 to read as follows: 69. The owner and /or manager of the project shall join and become an active member of the City's Crime Free Housing Program. He advised that the roofing would be tile, and the applicant had worked with staff in terms of design and layout of the site. He noted that the entrances would have planting area and a low wall to screen the parked cars. PAGE SEVEN — CITY COUNCIL MINUTES — OCTOBER 8, 2002 Mayor Kelley opened the public hearing at 7:33 p.m. Jose Perez, 405 Adobe Street, indicated that he had attended the meeting to see what kind of apartment complex this project would be. He noted that he had concerns that the project would decrease his property value, as some complexes cause more crime and robberies, and make sales difficult. Sylvia Obeso, 322 E. Heald Street, questioned the material used for the fencing between the apartment complex and the existing homes. Staff clarified that it would bean 8 foot block wall. She inquired if the project would include curb and gutter. City Manager Watenpaugh explained the curb, gutter and sidewalk to be included. Mrs. Obeso questioned the lighting to be included both inside and outside the project, and whether there would be a rental agreement prohibiting animals. She inquired if this would be low income housing and if maintenance of the yards would be required. She also inquired if there was going to be a background check for potential tenants, to prohibit sexual predators and felons. Mauricio Diaz, 408 E. Pottery, inquired if the street would be widened and expressed concern with the existing amount of traffic. He also questioned the level of law enforcement coverage for the area. Bernice Hathorn, 288 East Hill Street, expressed concern with the project, and inquired if they would be Section 8 apartments. She noted the existing alleyway and concerns for motorcycles using it and causing dust. She noted that two houses on the Hill Street alley have to use the alley from their garages, and questioned how the traffic from this project would further impact the area. She noted the impact of new residents and indicated that her husband had provided gravel for the alley. She stressed her concerns for dust, traffic and the alleyways. A resident of 322 E. Hill Street, questioned the traffic in the area, and indicated that more access areas were needed for the area. PAGE EIGHT — CITY COUNCIL MINUTES — OCTOBER 8, 2002 Hearing no additional requests to speak, Mayor Kelley closed the public hearing at 7:45 p.m. Community Development Director Brady detailed the lighting which would be required as part of the public improvements. He indicated that this was not an affordable housing project, but some units within the project might be, depending on the level of income. He noted that the maintenance of the facility and background checks would be required as part of the condition regarding Crime Free Multi- Housing. He indicated that animals would be standard operational issues and the City would not place restrictions beyond the standard requirements. He explained that access would be from Pottery or Flint, and the project would provide street improvements adjacent to the site with approximately 20 feet of paving around the project. City Manager Watenpaugh indicated that he would be happy to have Public Works review the dust issues; as well as looking at ways to legally preclude access. Mayor Kelley asked about maintaining the property and removing debris and suggested that would be Code Enforcement. City Manager Watenpaugh noted that this was also part of the Crime Free Multi- Housing Program. Mayor Kelley called the applicant, Mr. Hernandez, forward to answer questions. Councilman Buckley addressed the design, and suggested that the landscaping looked a little thin; however he understood that a complete plan was coming. He also suggested that the area surrounding the windows could be painted a slightly different color than the stucco as an accent. Mr. Hernandez concurred. Councilman Buckley inquired how many trips it would add per day, suggesting 100 trips per day, and questioned the current count on Pottery Street. He inquired if it was possible for the adjacent property owners on Adobe Street to be represented on issues related to the complex. Mr. Hernandez confirmed. Councilman Buckley addressed the curb and gutter improvements. Community Development Director Brady clarified that curb and gutter were not included on Pottery Street, as it would be only asphalt curbing. Councilman Buckley questioned the rent structure for the complex. Mr. Hernandez indicated that it would start at about $700 PAGE NINE — CITY COUNCIL MINUTES — OCTOBER 8, 2002 for two bedrooms and $900 for three bedrooms. Councilman Buckley questioned the Section 8 requirements. Mr. Hernandez noted that he was working toward a density bonus set by the City. Community Development Director Brady indicated that it would depend on the level he was targeting. City Attorney Leibold commented on the density bonus and noted that because it was in the process in the RDA area, there would be a requirement to meet the RDA affordability requirements. Mr. Hernandez added that he was still working with HUD to reach the final numbers. Councilman Buckley noted the size of the units and suggested 800 square feet for two bedrooms and 1,060 square feet for three bedrooms seemed small. Mr. Hernandez indicated that it was not small for the surrounding area, and what people were looking for. Councilman Hickman noted that Councilman Buckley had hit a lot of interesting points. He expressed concern with the tubular fencing and requested that it be welded. Mr. Hernandez concurred. Councilman Hickman questioned the block wall adjacent to an alley, and stressed that it should be treated for graffiti. Mayor Pro Tern Schiffner indicated that these items had already been discussed at length and the rules had been established. He further indicated that the design details had been adequately handled. He commented that this project was a good improvement to the neighborhood, and while it would add some traffic, it would also provide some housing which was badly needed. He supported the proposed project. Mayor Kelley questioned Mr. Hernandez on participation in the Crime Free Multi- Housing Program. Mr. Hernandez confirmed he would participate. Mayor Kelley noted the requirement for an on -site manager and meeting market values. She noted that the project would meet all requirements. Councilman Buckley questioned covenants regarding the patios and pets. Mr. Hernandez indicated that he would allow small pets. PAGE TEN — CITY COUNCIL MINUTES — OCTOBER 8, 2002 City Attorney Leibold noted the proposed ordinance and indicated that she would like the consent of the applicant to add a condition regarding the density bonus, stating that all units would meet the Government Code and Redevelopment Agency requirements. Mr. Hernandez consented to such a condition. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1085 APPROVING ZONE CHANGE NO. ZC 2002 -049 AND APPROVE RESIDENTIAL PROJECT NO. R2002 -12 BASED ON THE RECOMMENDED FINDINGS & EXHIBITS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: ORDINANCE NO. 1085 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2002-04 CHANGING THE ZONING DESIGNATION OF PARCELS SPECIFICALLY DESCRIBED AS APN 377 - 313 -013 FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE FINDINGS PAGE ELEVEN — CITY COUNCIL MINUTES — OCTOBER 8, 2002 Zone Change The proposed Zone Change will not be detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed Zone Change or within the City, injurious to property or improvements in the neighborhood or within the City. 2. The zone Change is consistent with the Goals, Objectives, and Policies of the General Plan. 3. This request will bring the zoning for the project into conformance with the General Plan. 4. The proposed Zone Change is not anticipated to result in any significant adverse environmental impacts. Design Review The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with the conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Section and the planning district in which the site is located. 4. The project has been found to comply with the goals, and objectives of the Housing Element of the General Plan, more specifically, Objective 3.2. PAGE TWELVE — CITY COUNCIL MINUTES — OCTOBER 8, 2002 CONDITIONS OF APPROVAL PLANNING DIVISION 1. Design Review approval for Residential Project No. R 2001 -12 will lapse and be void unless building permits are issued within one (1) year of Planning Commission 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 for 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 Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission 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 including Rupard Street and Pottery Street. All screening shall be subject to the Community Development Director or designees approval. Wall or window mounted air conditioners shall not be allowed. 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 PAGE THIRTEEN — CITY COUNCIL MINTUES — OCTOBER 8, 2002 above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building and shall be approved by the Community Development Director. 6. An eight foot (8') decorative block wall shall be constructed along therear property lines. This wall shall include pilasters. The block wall shall be coated with an anti - graffiti material and shall be continually maintained as graffiti free. A six foot (6') tubular steel fence shall be constructed along along Rupard Street, Flint Street and Pottery Street. If any retaining walls are required they shall match the decorative wall in style and color. 7. The trash enclosure shall be constructed per City standards as approved by the Community Development Director. Landscaping shall be provided as shown on the site plan. 8. Applicant shall use a concrete tile roofing materials with Class "A" fire rating. 9. The applicant shall meet all American Disabilities Association (ADA) requirements. 10. All exterior downspouts shall be painted to match with building exterior color. 11. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond processed through the Planning Division. 12. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 13. On -site surface drainage shall not cross sidewalks. PAGE FOURTEEN — CITY COUNCIL MINUTES- OCTOBER S, 2002 14. 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 Landscape Architectural Consultant and Planning Division. 15. All signs shall meet the requirements of Chapter 17.94 of the Lake Elsinore Municipal Code and are subject to Planning Division approval. 16. The building addresses shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Developer shall obtain street addresses for all project lots prior to issuance of building permits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. 17. All elevations, including first and second floors, require additional architectural treatments around windows as shown on the plans. 18. The applicant shall meet all Building and Safety Division requirements. 19. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 20. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 am to 5:00 pm, Monday through Saturday. 21. The applicant shall submit final building plans which allow well fitted, weather - stripped, sound related assemblies. All window and door assemblies shall have a Sound Transmission Class (STC) necessary to reduce interior noise levels to 45db CNEL or below. PAGE FIFTEEN — CITY COUNCIL MINUTES — OCTOBER 8, 2002 22. Verification that the buildings comply with the City's 45 db CNEL interior noise level requirement shall be submitted with structural plans. This verification shall come from an acoustical engineer. 23. All parking spaces shall be double- striped. 24. No outdoor storage shall be allowed on the project site. 25. Bicycle racks shall be provided at selected areas in the development. Placement, design and quantity shall be indicated on the final landscape plan, and subject to the approval of the Community Development Director or designee, prior to issuance of building permits. 26. Decorative paving shall be included at the drive entryways and shall be shown on building permits plans. PRIOR TO BUILDING /GRADING PERMITS 27. 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. 28. Prior to Building Permits the Construction Supervisor shall meet with the Planning Division to review the Conditions of Approval. 29. The applicant shall provide evidence that they have contacted and made arrangement with Riverside County Housing Authority to provide affordable housing units for the projects. The applicant can choose to provide either : 1) 20% of the units for lower income households; 2) 10% of the units for very low income households; or 3) 50% of the total dwelling unitsat an "affordable rent" for very low, low, or moderate income households, or a combination of such households, in which the need of the household is a senior citizen. The final decision on the number of units to be set aside will PAGE SIXTEEN — CITY COUNCIL MINUTES — OCTOBER S, 2002 be the results of an agreement between the applicant and the Community Development Director. 30. Arrangements shall be made between the City and the applicant for fiscal impacts by the project. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including City -wide improvements and facilities relating to fire and police protection, drainage, maintenance of roadways, etc. 31. Landscaping Plans and Irrigation Details and a Cost Estimate for the apartment complex shall be submitted for review and approval by the City's Landscape Architect Consultant and the Community Development Director or designee prior to building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. 32. Any proposed mailboxes shall be located in decorative housings which incorporated similar materials, colors, and textures utilized on the main buildings. The area for the mailboxes should be of sufficient size to enable residents to pick up or deposit mail without having to encroach upon landscaping, walks or parking. Mailbox plans shall be submitted for approval prior to issuance of building permits, and shall be subject to the approval of the postal service and the Community Development Director or designee. 33. The applicant shall provide a map of all proposed haul routes to be used for movement of dirt material prior to grading. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right -of -way, subject to the approval of the City Engineer. 34. Any exterior security lighting located on -site shall be ornamental and shall be shown on building plans, subject to the approval of the Community Development Director or designee, prior to issuance of building permit. PAGE SEVENTEEN — CITY COUNCIL MINUTES — OCTOBER 8, 2002 Prior to Final Approval 35. The applicant shall meet all Conditions of Approval prior to final approval and release of utilities. 36. The landscaped areas noted on the Landscape Plans shall be installed and approved prior to final approval. Approval is based on completing the following items: 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. 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. PAGE EIGHTEEN — CITY COUNCIL MINUTES — OCTOBER 8, 2002 h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. k) Sitting benches shall be installed in or adjacent to playground area.(added at Planning Commission) 37. The applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 38. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 39. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 40. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION 41. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 42. Dedicate a 5 ft. wide strip of additional street right -of -way along the frontage of Rupard Street to the City prior to issuance of building permit. PAGE NINETEEN — CITY COUNCIL MINUTES — OCTOBER S, 2002 43. Dedicate a 20 ft. wide strip of additional street right -of -way along the frontage of Pottery Street to the City prior to issuance of building permit. 44. Dedicate additional right -of -way for a standard corner cutback for the curb return at the intersection of Pottery Street and Rupard Street. 45. Dedicate additional right -of -way for a standard knuckle intersection at the intersection of Flint Street and Rupard Street. 46. 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. 47. Pay all Capital Improvement fees and plan check fees (LEMC 16.34, Res. 85 -26). Fees include the traffic mitigation fee in the amount of $838 per dwelling unit and the Master Plan of Drainage fee in the amount $10,286 (LEMC 16.34, Res. 85 -26). 48. Provide in -lieu payment of $18,350 for future off -site public improvements along Pottery Street and a portion of Rupard Street prior to building permit (Res. 86 -35). Pottery and Rupard Street travel lanes will need to be paved. 49. Street improvements shall be constructed along Flint St. and along a portion of Rupard Street. 50. 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. 51. 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 TWENTY- CITY COUNCIL MINUTES — OCTOBER S, 2002 52. 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). 53. Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 54. 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. 55. 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 before final inspection of off -site improvements will be scheduled and approved. 56. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 57. If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a Calif. Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 58. 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. 59. Provide fire protection facilities as required in writing by Riverside County Fire. PAGE TWENTY -ONE — CITY COUNCIL MINUTES — OCTOBER S, 2002 60. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 61. 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. 62. 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. Due to the drainage pattern up stream and across this lot, this site will need to provide retention on site that mitigates the concentration of drainage subject to the approval of the City Engineer. 63. Roof and yard drains will not be allowed to outlet through cuts in the street curb. 64. Roofs should drain to a landscaped area whenever feasible. 65. 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. 66. 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. 67. 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 PAGE TWENTY - TWO —CITY COUNCIL MINUTES — OCTOBER 8, 2002 applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for auto maintenance, the use of herbicides, pesticides and fertilizers. 68. Best Management Practices (BMP) shall be provided in the development of this site to minimize pollutants in storm water draining from this site and meet the goals of the BMP's in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 69. The owner and/or manager of the project shall join and become an active member of the City's Crime Free Housing Program. 22. An Amendment to Various Sections of Title 17, Zoning, of the Lake Elsinore Municipal Code in accordance with Chapter 17.84, Amendments, to revise the Land Regulations related to churches, schools and other places of assembly. Zoning Code Amendment ZCA 2002 -01 is exempt from CEQA per Section 15061 (B)(3). (172.2) Community Development Director Brady explained this item which amends various Sections of Title 17, to provide consistency between regulations for land use and the existing zones for places of assembly. He noted the inconsistencies within the existing zones and detailed the proposed amendments. Mayor Kelley opened the public hearing at 8:01 p.m., asking those persons interested in this item to speak. The following person spoke: Robert Tyler, 43460 Ridgepark Drive, Suite 220, Temecula, indicated that he represented the Elsinore Christian Center in their pending litigation, and was shocked that he was not notified of this proposed change before two hours ago. He suggested that there were lots of cases in support of the constitutionality of their use, and indicated that the City made a grave mistake. He indicated that he was pleased to see the City moving forward PAGE TWENTY - THREE —CITY COUNCIL MINUTES — OCTOBER S, 2002 even if it was a year too late. He suggested that the statute applied to the existing zoning ordinance, but the amendment did not go far enough. He indicated that he wished he had known about it sooner so he could have addressed his concerns with the Planning Commission and resolved issues. He further indicated that the proposed ordinance was not satisfactory and they would not stop their litigation until justice was served. He noted that Marvin Davenport of Our Redeemer Lives, had approached the City today with the possibility of locating in a commercial building, and was told that they would have to pay $5,000 in fees. He questioned why churches were subject to a higher fee. He indicated that they were applying for a 1,300 square foot facility and would have to pay the $5,000 fee. He commented that one problem with the proposed amendment was that it was trying to say that in a residential area a church would have to be on at least one acre. He stressed uses allowed by right vs. conditional use permit. He quoted Senate legislation which identified a "substantial burden" and stressed the RLUPA legislation; and encouraged reconsideration of this amendment for a more comprehensive ordinance. Mayor Kelley closed the public hearing at 8:09 p.m. Mayor Kelley suggested that in light of pending litigation, she would like the City Attorney to establish ground rules for this discussion. City Attorney Leibold addressed the pending litigation and indicated that the City and the plaintiff had a different view of "substantial burden ". She noted with regard to the constitutionality of RLUPA, there was only one reported case from Philadelphia, besides a case pending in Northern California. She noted that its predecessor was determined to be unconstitutional, and there had been quite a bit of debate in the land use /legislative arena on the application of RLUPA. She indicated that while Mr. Tyler objected to the amendment, staff believed it adequately addressed similar uses in similar ways; with the uses regarding congregations or assembly treated similarly. She noted that it was within the City's power to address land uses. PAGE TWENTY -FOUR — CITY COUNCIL MINUTES — OCTOBER 8, 2002 Councilman Hickman inquired if the intent was to prevent churches from coming in to the City. City Attorney Leibold indicated that the current zoning ordinance, prior to the proposed amendment required a conditional use permit for churches; but historically the application has been favorable toward churches, with only one denial, being the case pending. She clarified that this amendment would not change the downtown commercial district requirements. She indicated that the City had always viewed the conditional use permit as a tool of flexibility with respect to land use; however the plaintiff viewed it as a "burden ". Councilman Hickman asked if other cities require the $5,000 or $7,000 fee for a conditional use permit for a church. City Attorney Leibold indicated that while there was no distinction between a church CUP and another CUP; and with regard to the other cities she represents, the City of Lake Elsinore's fee was probably on the low side. Councilman Buckley questioned if there were two separate types of CUP's. Community Development Director Brady clarified that the fee process was a deposit paid for the time used, offering flexibility in each situation to reduce the fees down. He further clarified that if additional funds were required, staff would need to go back to the applicant. City Attorney Leibold clarified that if costs incurred were less than $5,000, money would be rebated. Councilman Buckley questioned why churches were allowed in the C -O and C -2 zones, but not other commercial areas. Community Development Director Brady clarified that the C -2 zone allows churches by right, as they are felt to be consistent with the other uses in the C -2 zone. Councilman Buckley concurred with Mr. Tyler that this issue was in litigation and the City was ready to change something which might impact it. He requested clarification that right now a church could build anywhere in the City with a CUP. Community Development Director Brady clarified that they would not be allowed in the industrial zone. Councilman Buckley suggested that the new ordinance almost looked slightly more restrictive, but had a smaller area of the City in which they could build. He commented that the difference was that it removed the CUP costs except in a couple of places. He noted that to an extent it was probably a reaction to the lawsuit, but by PAGE TWENTY- FIVE -CITY COUNCIL MINUTES — OCTOBER 8, 2002 making the change the City was not making any admissions. He further noted that it was also true that because the church was in the downtown area, under the new ordinance they still wouldn't be able to built there, but could still apply for a conditional use permit. Mayor Pro Tem Schiffner clarified that it was a misconception to see this as a reaction to the action previously taken. He noted that numerous adjustments had been required and other adjustments that should be made to the zoning ordinance. He stressed that this was the first of a number of issues to be addressed, and it might have been chosen to be first because of this particular conflict. He suggested that the incident would not have been different even if this ordinance was in place; as the Council did not deny a conditional use permit, but rather denied changing the zoning because many residents opposed the change which would have removed the grocery store. He indicated that his decision was based on the public concerns for loss of the grocery store; and he believed most of the Council decided for the same reason. He indicated that he would much rather take the opinion of the City's own attorney, than that of the attorney opposing the City on false grounds. Mayor Kelley noted that she was a sitting member when the decision was made and her decision would be no different today, as the decision was to retain the market downtown because many people supported retaining it. Councilman Buckley inquired in light of the discussion, if this change was still recommended. City Attorney Leibold confirmed and noted that recent case law was the impetus for this change, and not specifically any other conflict. She stressed that a comprehensive revision of the zoning ordinance was needed to update and modify various areas of the ordinance. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1086, UPON FIRST READING BY TITLE ONLY: PAGE TWENTY -SIX —CITY COUNCIL MINUTES — OCTOBER 8, 2002 ORDINANCE NO. 1086 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONING CODE AMENDMENT ZCA 2002 -1 AMENDING VARIOUS SECTIONS OF TITLE 17, ZONING, OF THE LAKE ELSINORE MUNICIPAL CODE TO REVISE THE LAND USE REGULATIONS RELATED TO CHURCHES, SCHOOLS AND OTHER PLACES OF ASSEMBLY. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BRINLEY ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS None. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Memorandum of Understanding with Employees' Union, LIUNA Local 777 for the period 2002 -2005. (F:116.2) City Manager Watenpaugh noted that this was the Memorandum of Understanding negotiated with the Employees' Union for a three year contract. Councilman Buckley reiterated for the public's information that this was a new three year contract; and at this point it was about $17,000 or more per PAGE TWENTY- SEVEN —CITY COUNCIL MINUTES — OCTOBER 8, 2002 year total cost. He indicated that the major changes were a better retirement program; a cap on employees' health care, with the intent that there would always be a plan that would fit under the cap; and no salary increase until year three. He noted that while this was negotiated with the Union for about 27 employees, it would apply to all employees by custom. He noted that while the City was in the middle of spending money on a salary study, there was a clause in the MOU for reopening of negotiations upon completion of the process audit and parity study. Mayor Pro Tern Schiffner commented that in his opinion what was important to the City, was the total compensation package to the employees. He indicated that when adequate information was obtained from the parity study, the information would be used to establish a fair total package. He stressed that the MOU was only a piece of that package, as the balance will be based on the parity study. Councilman Hickman reiterated that the parity study was a two -edged sword, so if the City was overpaying, the salaries would be cut. He indicated that this was a good arrangement and noted that it did not include salary increases, as the Union people had noted changes in society. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE MEMORANDUM OF UNDERSTANDING AS NEGOTIATED WITH THE LIUNA LOCAL 777. 6. Biennial Review of the City of Lake Elsinore's and the Redevelopment Agency of the City of Lake Elsinore Conflict of Interest Code. (F:116.5) Councilman Buckley noted this item and explained that it came up now, but did not preclude future changes. City Attorney Leibold explained that the City and the Redevelopment Agency were required to adopt a Conflict of Interest Code; and the City had adopted the model code from the Fair Political Practices Commission. She explained that while this adoption would include automatic amendments, a review was still required every two PAGE TWENTY- EIGHT -CITY COUNCIL MINUTES — OCTOBER 89 2002 years. She advised that a copy of the current code was attached, and no changes were required at this time. She concurred that this would not preclude any future evaluation of the code. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACKNOWLEDGE RECEIPT OF THE NOTICE FOR BIENNIAL REVIEW OF THE CITY OF LAKE ELSINORE AND THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE CONFLICT OF INTEREST CODES, AND CONFIRM THAT NO AMENDMENTS WERE REQUIRED. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:36 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, commented on her own parity study, indicating that she received 50 responses from 50 cities, by population and job description and Lake Elsinore's staff was overpaid. She announced for the public that the last day to register to vote for the November election was October 21". She encouraged the public to vote for her for the EVMWD board. Irving Kasow, 32000 Riverside Drive, noted that he was before the Council about 1 -1/2 years ago and objected to sectarian invocations. He indicated that he had heard no subsequent information, so he turned to the ACLU. He noted that two weeks ago he received a letter that the decision had been made that the City of Burbank was permanently prevented from allowing sectarian prayer at City Council meetings. He stressed that prayers were not permitted. He noted that he had provided the letter to the City and a copy had been submitted to the City Attorney; but he missed the last meeting so he was not certain if it was discussed or a determination had been made on modifications. He suggested a letter of response; and questioned if the City would take action or if he should pursue it legally. PAGE TWENTY- NINE -CITY COUNCIL MINUTES — OCTOBER 8, 2002 Bill Tucker, 740 Acacia, noted that there was a fishing derby last weekend with about 150 kids participating, and everyone wanting to do it again. He indicated that there would also be a couple of events for adults as well. He commented that he supported prayer at City Council meetings, and noted that some people came to meetings to gripe once or twice a year. Mayor Pro Tem Schiffner requested a fishing report. Mr. Tucker indicated that the fishing was good, the catfish were biting, there was lots of carp and a few crappy, and some bass, but the shad were elusive this year. Dan Uhlry, 103 W. Flint, thanked the Council and staff for allowing him to attend the League of California Cities meeting in Long Beach last week. He noted questions on whether it was worth the expense, but he found it highly valuable. He indicated that he learned a lot about affordable housing, and expressed concern that Police and Fire personnel in Orange County can't buy a home. He also indicated that he was surprised and interested in the topic of "Planning for Environmental Justice ". He stressed that he found the conference to be very informative and thanked the City Council and citizens for the expenditures. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted the League of Cities Conference and indicated that it was very beneficial. He further noted that several Councilmembers had served on the statewide policy committees and City Clerk/Human Resources Director Kasad was just reappointed at the State level. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Noted the letter received from the ACLU, and indicated that it was a matter of Anticipated Litigation discussed in Closed Session, and the City would be adopting a policy and advising invokers that they would need to make their invocations non - sectarian and impose neutrality, so PAGE THIRTY — CITY COUNCIL MINUTES — OCTOBER 8, 2002 no religion would be advanced over others. She indicated that the Pastor this evening followed that policy and that would be the expectation in the future. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Buckley commented on the following: 1) Noted that he also attended the League of California Cities Conference, and was thinking it would confirm in his mind that they were junkets. He noted that it was held in Long Beach and he had questioned if it was worth the $800 per person to attend; and found a couple of things that were quite interesting. He commented on a seminar on Public Municipal Power, which he wanted to investigate further; and also an ethics seminar which was pretty interesting, noting that some people are truth people and some are loyalty people. He noted for the record that he was a truth guy. 2) Offered congratulations on the fishing derby. 3) Offered condolences to the Councilwoman Brinley and family on the death of her father -in -law and indicated they would be kept in everyone's prayers. Councilman Hickman commented on the following: 1) Indicated that he too attended the League of California Cities at which he attended mostly financial classes. He indicated that the two major pushes were ethics and technology. He commented that in the financial area, the State was in a financial mess, and for 2002 -03 they had borrowed $24 billion in one -time funds. He indicated that they PAGE THIRTY - ONE -CITY COUNCIL MINUTES- OCTOBER 8, 2002 would lay -off 20% of the State labor force to save $1 billion, but there was no solution for the rest of the money. He noted that he attended a session on housing and density, with good concepts, but problems in selling it. 2) Offered condolences to the Brinleys. Mayor Pro Tern Schiffner commented on the following: 1) Addressed the League of California Cities Conference and noted that it was of special interest to him because he had been employed by the City of Long Beach for a number of years. He noted that he visited City Hall and found very few of the same people remaining. He indicated that the Conference provided a lot of information on numerous subjects, with multiple seminars at one time, requiring choices between them. He stressed that there was a lot of good information with one of the focuses this year being on homeland security. 2) Offered condolences to the Brinleys, noting that "Mr. B" was a nice gentleman who would be missed. Mayor Kelley commented on the following: 1) Announced the Women's Club Octoberfest on October 12`h from 6:30 to 9:30 p.m. 2) Announced that the Elsinore Valley Arts Network meetings would be moved to the Police Station Conference Room on the third Tuesday of every month at 7 p.m. She encouraged participation to help plan the next concert series. 3) Announced the Lake Elsinore Valley Reconciliation Celebration hosted by Rabii Hildebrandt and Lambs Fellowship. PAGE THIRTY -TWO — CITY COUNCIL MINUTES — OCTOBER 8, 2002 4) Offered condolences to the Brinleys, noting that Councilwoman Brinley's mother had also been ill, so it had been a rough few days. 5) Addressed the League of California Cities and noted the keynote speakers including Linda Wertheimer, Bill Simon and Arnold Schwarzenegger in support of Proposition 47. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 8:50 P.M. G E KELLEY, MAY TY OF LAKE ELSINORE A TEST: I CKI KA , CMC CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE