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HomeMy WebLinkAbout11-26-2002 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 26, 2002 CALL TO ORDER Mayor Kelley called the Regular City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/ Communications Manager Dennis, Engineering Manager O'Donnell and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore v. Diamond Sports & Entertainment LLC et al (Riverside Co. Superior Court Case #356131). (F:52.2)(X: 134. 10)(X:40. 1) B. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) Liberty Founders LLC v. City of Lake Elsinore, et al (Riverside Co. Superior Court Case #355890).(F:52.2)(X:40.1) PAGE TWO — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) California Bank & Trust v. City of Lake Elsinore et al (Riverside County Superior Court Case #344190). (F:52.2)(X:40.1) D. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore v. Elsinore Valley Municipal Water District (Riverside Superior Court Case #35961). City Attorney announced the Closed Session Items as listed. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:02 P.M. Closed Session was completed at 6:50 p.m. RECONVENE PUBLIC SESSION (7:00 p.m.) Mayor Kelley called the Regular City Council Meeting to order in public sessionat 7:08 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. INVOCATION Due to the absence of the Pastor, the Mayor requested a moment of reflective silence. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, PAGE THREE — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Qy Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Information/Communications Manager Dennis, Engineering Manager O'Donnell, Public Works Manager Payne, and City Clerk/Human Resources Director Kasad. PRESENTATIONS a. Presentation - Police Services Report. (F:127.2) Police Chief Walsh presented an overview of the services provided by the Lake Elsinore Police Department. He indicated that there were 30 sworn personnel currently serving the Lake Elsinore Police Department, which places the service at just over one per thousand ratio. He noted that eight officers were provided to patrol around the clock and breaks down to three officers on day shift, three officers on swing shift and two officers on graveyard shift. He explained that in addition to the patrol officers there was also a COPS officer for the City and six Community Services Officers for the City. He further indicated that there were two set teams; two for narcotics and two for gangs. He noted that there was also one Sergeant for Lake Patrol and Special Events as well as three Sergeants, three Lieutenants, and himself to round out the thirty personnel. He presented an overview of the grants that were utilized by the City and the benefits that were provided to the City through the grants. Chief Walsh commented on the story that appeared in the newspaper and disagreed with the facts that were presented in the article. He stated that there had been an overall drop in crime in the City of Lake Elsinore. Mayor Pro Tem Schiffner questioned the personnel that were provided by PAGE FOUR — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 the Grants. Chief Walsh noted that the money from the Grant providai more personnel from a pool. Councilman Buckley noted that there was a City of almost identical size in the desert that has a slightly higher crime rate and offered praise for the drop in the crime rate. b. Presentation — Elsinore Valley Arts Network. (17:108.1) Barbara Catty, President of the Elsinore Valley Arts Network, thanked all the people that contributed to the Summer Concert Series. She presented a plaque to Bill Tucker for his contributions to the Summer Concert Series. She explained that Mr. Tucker had provided unlimited ice for the Concert Series and explained how much that contributed to the success of the events. Mr. Tucker thanked Elsinore Valley Arts Network for the recognition. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Items 4, 5, 22, and 23. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further disucssion and consideration. Items 4 and 5. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. The following Minutes were approved: PAGE FIVE — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 a. Joint Special Meeting - November 6, 2002.(F:44.4) b. City Council/Redevelopment Agency Study Session - November 12, 2002. C. Regular City Council Meeting - November 12, 2002. The following Minutes were received and ordered filed: d. Planning Commission Meeting - November 5, 2002 (17:60.3) 2. Ratified the Warrant List for November 15, 2002. (F:12.3) Received and filed the Investment Report for October, 2002. (F:12.5) PUBLIC HEARINGS 21. Zone Change No. 2002 -03 and Tentative Parcel Map No. 30792, located at 301 Summerhill Drive, APN 363 -550 -008- Ordinance No. 1088. (F:110.2)(X:172.1) City Manager Watenpaugh noted that the item being considered was a Zone Change to split a lot for financial purposes. Community Development Director Brady indicated that the action requested was a Zone Change from General Commercial to Neighborhood Commercial and the approval of Tentative Parcel Map No. 30792. He noted the development of Weinerschnitzel and Jiffy Lube on the property in question and now the owner wishedto split the lot to develop a separate parcel to allow for further development. He noted that the Neighborhood Commercial land use designation would be appropriate and the Tentative Parcel Map would allow the split of the property and further development. He indicated that the Planning Commission held a meeting regarding the item on November 5th and recommended approval subject to the findings and conditions of approval. Mayor Kelley opened the public hearing at 7:25 p.m. and asked if there was PAGE SIX — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 anyone that wished to speak. Hearing no request to speak Mayor Kelley closed the public hearing at 7:26 p.m. Councilman Hickman clarified that the action was to split the property for financial purposes. Community Development Director Brady explained that the action would allow the property to be split and sold under different ownership. Councilman Hickman stated that he was in favor of the action. Mayor Pro Tem Schiffner stated that the action was paid for by the property owner and would cost the City no money; therefore he was in favor of the action. Councilwoman Brinley stated that she had no problems with the item. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1088 UPON FIRST READING BY TITLE ONLY AND APPROVE TENTATIVE PARCEL MAP 30792 BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: ORDINANCE NO. 1088 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2002-03, CHANGING THE ZONING DESIGNATION OF A PARCEL OF SPECIFICALLY DESCRIBED AS APN 363 -550 -008 FROM C -2 (GENERAL COMMERCIAL DISTRICT) TO C -1 (NEIGHBORHOOD COMMERCIAL DISTRICT). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY PAGE SEVEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS Zone Change As stated in the adopted EIR for the General Plan any project consistent with the said document will not create any significant impacts on the environment or any potential impacts will be mitigated. 2. The proposed zone code amendment will not be (1) 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, (2) injurious to property or improvements in the neighborhood or within the City. 3. The proposed action will be consistent with the Goals, objectives and policies of the General Plan and the Standards established in the Municipal Code. Tentative Parcel man No. 30792 The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and appropriate Zoning District. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. PAGE EIGHT — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. CONDITIONS OF APPROVAL FOR TENTATIVE PARCEL MAP NO. 30792 AND ZONE CHANGE NO. 2002-03. PLANNING DIVISION Tentative Parcel Map No. 30792 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Parcel Map No. 30792 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall sign and return an `Acknowledgment of Conditions to the Community Development Department within 30 days of the Tentative Parcel Map approval. 4. The applicant shall comply with all requirements of the Riverside County Fire Department. ENGINEERING DIVISION All public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 6. Pay all Plan Check Fees (LEMC) 16.34, Resolution 85 -26). 7. A precise survey with closures for boundaries and all lots shal be provided per LEMC. PAGE NINE — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 8. Applicant shall cause to be recorded a CC & R which provides for irrevocable reciprocal parking, access, circulation, loading and landscape maintenance in favor of all lots subject to the approval by the director of Community Development and the City Attorney prior to final map approval. The CC & R shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 22. Tentative Tract Map No. 30670 and Mitigated Negative Declaration No. 2002- 04, Elsinore Homes. (F:160.2) City Manager Watenpaugh introduced the item. Community Development Director Brady indicated that the item before Council was a regtest to divide approximately 12 acres of vacant land into 50 single - family residential lots, which would result in a density of 4.2 dwelling units per acre. He further indicated that was far below the allowed 6 dwelling units per acre density. He noted that the average lot side for the subdivision was 8,155 square feet and lots sizes would range from 6,480 square feet b 14,340 square feet. He explained that the Planning Commission heard the item on November 5th and were recommending approval of Tentative Tract Map 30670 subject to the Findings and Conditions of Approval. Mayor Kelley opened the public hearing at 7:29 and called upon the person who had requested to speak. Bart Hornstein, 20100 S. Western Avenue, Torrance, spoke in favor of the project and stated that he would be available for any questions. Mayor Kelley asked if any one wished to address the item. Hearing no further requests to speak, Mayor Kelley closed the public hearing at 7:30 p.m. Councilman Buckley addressed the walls facing the perimeter of the project facing outside and asked if they would be specially treated to address graffiti. Community Development Director Brady noted that it was a standard condition for block walls around any development. Councilman Hickman noted that the lots back up to the proposed new PAGE TEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 High School and residents should be informed of the location of the highschool and possible football field. He stated that he was in favor of the project. Councilwoman Brinley questioned the concerns of Planning Commission regarding landscaping. Community Development Director Brady stated that the applicant had been required to enter into an agreement to add additional funding for the maintenance of the landscaping along Machado Street. He noted that the Design Review and Landscaping would be brought before Council at a later date. Councilwoman Brinley questioned the lot size and density. Community Development Director Brady noted that the density was consistent with the R -1 Zoning. Councilwoman Brinley questioned the proposed size of the homes. Mr. Hornstein stated that the proposed smallest lot would be approximately 6,480 square feet and the largest approximately 14,340 square feet with a 20 foot front set back. Mayor Pro Tem Schiffner asked if there would be any architectural treatments on the wall facing Machado Street. Community Development Director Brady stated that the design of the wall has not been addressed at this time. He noted that the Planning Department would ask for a decorative block wall and there would be landscaping along the wall as well. He explained that the Design Review would be brought back to Council at a later date. Mayor Kelley stated that she had some concerns with traffic mitigation since the tract would be located next to the school. Community Development Director Brady presented an overview of the access to the tract and the access to the school. He noted that access to the school would not be hrough the tract. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION NO. 2002-04 AND APPROVE TENTATIVE TRACT MAP NO. 30670, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. PAGE ELEVEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 FINDINGS Negative Declaration 1. Negative Declaration No. 2002 -02 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects of the Tentative Tract Map No. 29637 and associated discretionary approvals. Tentative Tract Map No. 29637 and associated discretionary approvals will not result in any significant and unavoidable impacts. 2. The proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed applications do not have the potential to adversely affect humans, either directly or indirectly. Tentative Tract Map 30670 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (governmental Code Section 66412.3). CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 30670 PAGE TWELVE — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 LOCATED ALONG MACHADO STREET PLANNING DIVISION 1. Tentative Tract Map No. 30670 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Additional extensions of time (thirty -six months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30670 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Tract Map No. 30670, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PRIOR TO FINAL TRACT MAP 4. All lots shall comply with minimum standards contained in Section 17.23 of PAGE THIRTEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 the LEMC. 5. A precise survey with closures for boundaries and all lots shallbe provided per the LEMC. 6. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 7. Street names within the subdivision shall be approved by the Community Development Director or Designee prior to final map approval. 8. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 9. Applicant shall comply with all conditions of the Riverside County Fire Department. 10. Applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 11. The applicant shall be required to meet with the Community Services Director to develop appropriate funding mechanism for parkway landscaping along Machado Street. This funding mechanism shall be in addition to current and future LLMD fees collected. Funding mechanism shall be to the satisfaction and approval of the Community Services Director. PRIOR TO BUILDING PERMIT /GRADING PERMITS 12. Prior to issuance of any grading permit and/or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. PAGE FOURTEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall comply with the Mitigating Monitoring Program for Mitigation Negative Declaration No. 2002 -04. 16. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 17. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and /or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 18. The applicant shall meet all requirements of the providing electric utility company. 19. The applicant shall meet all requirements of the providing gas utility company. 20. The applicant shall meet all requirements of the providing telephone utility company. 21. A bond is required guaranteeing the removal of all trailers used during construction. 22. All signage shall be subject to Planning Division review and approval prior to installation. PAGE FIFTEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 23. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW 24. All future structural development associated with this map requires separate Design Review approval. 25. Slopes on individual lots that are in excess of three -feet in height shall be installed, landscaped and irrigated by the developer. 26. The applicant shall be required to install masonry decorative block wall fencing along perimeter of the subdivision. Afending plan shall be required during the design review process. ENGINEERING DIVISION 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). The traffic mitigation fee is $1,197 per dwelling unit and the drainage fee is $63,180. 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 final map approval. PAGE SIXTEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 30. Applicant shall dedicate 10 ft. along the frontage of Machado Street for a right -of -way width of 90 ft. (45 ft. half width) for Machado Street. 31. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 32. 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). 33. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 34. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 35. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 36. Applicant shall obtain all off -site easements for off -site grading from the adjacent property owners prior to final map approval or grading plan approval. 37. 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. 38. Provide fire protection facilities as required in writing by Riverside County Fire. PAGE SEVENTEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 39. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 40. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 41. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 42. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 43. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 44. Apply and obtain a grading permit with appropriate security prior to buildng permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 45. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 46. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. PAGE EIGHTEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 47. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 48. On -site drainage facilities located outade of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 49. The drainage outlet structure must be in a recorded drainage easement and the concentrated drainage must be accepted by the downstream property owner. If these conditions cannot be met, the tract must drain onto Machado Street. 50. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 51. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 52. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 53. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 54. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a laidscaped area where ever feasible. 55. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. PAGE NINETEEN — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 56. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 57. 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. 58. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 59. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 60. No residential lot shall front and access shall be restricted on Machado Street and so noted on the final map. 61. 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. 23. Disposition and Development Agreement by and among the Redevelopment Agency of the City of Lake Elsinore, Laing - CP Lake Elsinore, LLC, and PAGE TWENTY — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 Civic Partners - Elsinore LLC.(68.1)(X:134.7) Mayor Kelley indicated that the public hearing was to be held jointly with the Redevelopment Agency as part of the Redevelopment Agency Meeting. City Attorney Leibold stated that based on Closed Session discussions, it was staff's recommendation to continue the pubic hearing to December 10, 2002. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO CONTINUE THE PUBLIC HEARING FOR THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE, LAING -CP LAKE ELSINORE, LLC, AND CIVIC PARTNERS - ELSINORE, LLC. Councilman Buckley commented that the cause of continuance was to allow for further negotiations and suggested that because there were people present that wished to address the item, that the public hearing be opened to allow testimony from the public and then continue the public hearing. There was general discussion regarding the postponement of the hearing. THE FOREGOING MOTION WAS APPROVED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. Mayor Kelley indicated that the people that had requested to address Item No. 23, would be given the opportunity to speak during Public Comments at the end of the meeting. BUSINESS ITEMS 31. Bond Refunding - PFA 1990 Series A. (F:126.5) City Manager Watenpaugh presented an overview of the proposed action. He indicated that the City would be looking at a restructuring of the Bond PAGE TWENTY -ONE —CITY COUNCIL MINUTES — NOVEMBER 26, 2002 Issue and would be secured by the properties in Summerhill and three areas of the west end of CFD 88 -3. He explained that CFD 90-3 would not be security for the new bonds and would be owned by the City free and clear. Councilman Buckley noted that the item would be heard by the Public Finance Authority. Councilman Hickman presented an overview of the action to clarify the action for the audience. He stated his concern with the interest rates and hoped that the City would be able to get a good interest rate. Councilwoman Brinley stated that she felt this was a positive action. Mayor Pro Tern Schiffner stated that this action would complete the refinancing of the Bonds and was a favorable action. MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BOND REFUNDING — PFA 1990 SERIES A AND ADOPT RESOLUTION NO. 2002-53. RESOLUTION NO. 2002-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE ISSUANCE OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 98 -1 (SUMMERHILL PUBLIC IMPROVEMENTS) SPECIAL TAX BONDS, SERIES 2002, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $20,000,000; APPROVING A FINANCIAL AGENT AGREEMENT, A PURCHASE CONTRACT, A COMMITMENT AGREEMENT AND OBLIGATION BONDS AND A CONTINUING DISCLOSURE AGREEMENT; AND AUTHORIZING THE TAKING OF CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH. ITEMS PULLED FROM THE CONSENT CALENDAR PAGE TWENTY- TWO -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 4. Request for No Parking at Various Residential Mail Boxes — Resolution No. 2002 -51. (F:112.1) Phyllis Atadero, 29180 Outrigger, noted that she was advised of this item at 5 p.m. today, and most of her neighbors would have been present if they were aware of the discussion. She explained that there was a problem with cars when there was an event at Terra Cotta Middle School. She further explained that during Saturday games at the park, people parkedin front of the mailboxes, and the post office dd not deliver mail. She indicated that they had contacted the Police Department and City Hall, but no one seemed really interested. She noted that the residents had placed notes on the vehicles, but it was a constant problem; and they have done everything they could to do to alleviate the problems. Mayor Kelley explained the staff recommendation on this item; and indicated that the calls had been heeded. Councilwoman Brinley concurred that this item should alleviate the problems. Mayor Pro Tern Schiffner expressed support for this action. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2002-51. Councilman Buckley asked Engineering Manager O'Donnell, if this item should be for only the five streets or Citywide. Engineering Manager O'Donnell indicated that he could investigate that possibility further and bring recommendations back to Council, but noted that some people might not want such regulation for a variety of reasons. Councilman Buckley indicated it was fine to take this action, but he was not opposed to making the regulation City -wide. Mayor Pro Tern Schiffner indicated that in this case there was aspecific problem due to the proximity of the sports field. Councilwoman Brinley noted that people have complained to her that in residential areas, parking caused mail to not get delivered. She suggested a survey to determine the interest in a Citywide regulation. PAGE TWENTY -THREE -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 Councilman Buckley commented, in the spirit of full disclosure, the church across the street from him had reopened and people parled in front of mailboxes and even on his front lawn. He suggested thatmaybe regulation of specific areas around schools or within two blocks of a public facility might be more acceptable. Councilman Hickman suggested asking the Post Office about problem areas. Mayor Kelley suggested proceeding with approval of this item and directing staff to look into a City -wide Ordinance regarding areas next to public facilities. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Request for No Parking on Chaney Street at EVMWD — Resolution No. 2002 -52. (F:112.1) George Alongi, representing EVMWD, commented that when Chaney Street was widened, they allowed for on- street parking. He stressed that there was very limited parking in front of the building, and people needed to utilize it when paying their bills. He further stressed that Chaney was a wide street and he didn't see a problem with the parking. He questioned why this item came up and suggested setting it aside for further discission. Mayor Kelley explained that the matter came to the City's attention via a request from the EVMWD Safety Officer, who requested this action. She explained that the drivers could not see oncoming traffic when vehicles were parked along the curb; so the Safety Officer requested a traffic investigation. She further explained that the investigation was conducted and the Traffic Engineer agreed that the line -of -site was not adequate. Mr. Alongi, spoke as a Director of EVMWD, and requested that the Council set this item aside for discussion with the Safety Officer. PAGE TWENTY -FOUR -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 Councilwoman Brinley indicated that she saw no problem if further discussion was desired. MOVED BY BRINLEY, SECONDED BY HICKMAN TO CONTINUE THIS ITEM TO DECEMBER 10TH TO GIVE THE DIRECTORS A CHANCE TO TALK WITH THE SAFETY OFFICER. MOVED BY BUCKLEY, SECONDED BY HICKMAN, AND CARRIED BY UNANIMOUS VOTE, A SUBSIDIARY MOTION TO CONTINUE THIS ITEM UNTIL A REQUEST IS RECEIVED FROM THE BOARD. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:07 P.M. PUBLIC COMMENTS Pete Dawson, 18010 Grand, spoke in opposition to Item No. 23 and indicated that fill material could not be brought in to a floodplain, and stressed the requirements of State law. He commented that it had been done illegally for the Stadium, using fill from the Walmart site; and indicated that he had yet to see the first truck taking the material out of the floodplain. He stressed that it wasan illegal move and it would not be allowed to happen again. He noted the upcoming Thanksgiving Holiday and noted that he was grateful to live in America where a dissenting voice could still be heard. Chris Hyland, 15191 Wavecrest Drive, spoke in opposition to Item No. 23, and stated that she hoped that they had discussed the project with the Army Corp of Engineers; acquired a 404 permit; considered the earthquake faults; and the potential for flooding. She stated that she did not buy the project and felt that a lm of other people in the City did not approve of the project. She commented that she felt the Council was just trying to save face. Edith Stafford, Lake Elsinore, spoke in opposition to Item No. 23, and stated that the item had been around since 1987 and felt that the City should not even consider development in a flood plain. She noted all of the items necessary to PAGE TWENTY -FIVE -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 develop and felt that it was foolish to even consider the item. She stated that she was glad to have to opportunity to further review the agreement and that she would return on December 10th Ruth Atkins, 15237 Lake Trail Circle, stated her opposition to Item No. 23. She noted the flooding of the area and suggested that the City set the area aside as a trade for the multi- species habitat program. She suggested a development of wetlands similar to what was found on Riverside Drive. Linda Ridenour, 33628 Brand, stated her disappointment that the item was not heard this evening. She complained of the price of the Development Agreement and suggested that the Developer make copies available to the public at his cost. She commented if the Agreement were available to the public at no cost, then they could pick up a copy to study and better address the issues. She stated that her information came from the newspaper and felt that the information should be available at no charge to the public. George Alongi, 649 Mill Street, read a letter from the United States Department of Interior that stated that development in the back basin might alter existing facilities and hinder the LMP from functioning as outlined in the Elsinore Valley Municipal Water District's Small Reclamation Act. He stated that the Federal Government loaned money for the levy based on no development in the back basin. He noted comments made by the City of Lake Elsinore in the application for the levy which guaranteed no development. He noted that development in the flood plain would be a violation of the agreement. He stated his concern that the City and EVMWD would be in breech of contract and suggested that the attorneys review the agreement. Ron LaPere, 16867 Wells Street, agreed with the continuance of Item No. 23, and stated that it would give Council the opportmity to address the concerns stated by the people that addressed Council regarding the item as well as giving the pubic the opportunity to better inform themselves to better address their concerns. He noted that any development would have to come before Planning Commission and they would examine all requirements, both Federal and State as well as the Lake Elsinore Municipal Code prior to allowing any development. PAGE TWENTY- SIX -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 Ruth Atkins, 15237 Lake Trail Circle, expressed her concern regarding the Historic Downtown Area AND the new Bail Bond Company with the three large gaudy signs. She stated that she did not feel it was appropriate for the entrance to the Historic Downtown. Ruth Atkins, 15237 Lake Trail Circle, announced that the Lake Elsinore Historic Society would be having their Christmas Home Tour, on Saturday, December, 14, 2002, from 11:00 a.m. to 4:00 p.m. She stated that the donation would be $8.00 and tickets would be on sale at the Lake Elsinore Museum and Collectors Corral. She noted that the proceeds wouldbe used for the benefit of the Scholarship program and the renovation of the basement of the Cultural Center. She encouraged attendance. George Alongi, 649 Mill Street, questioned the renewal of the City Manager's contract. He asked for a status of the City Manager's Contract. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Stated that he would check into the fill dirt at the Stadium. 2. Noted the continuance of the public hearing and stated that it has been in the process of a workout and addressed preexisting litigation. He noted that the settlement would be addressed through the new Disposition and Development Agreement or the City would enter back into litigation. He noted that there were a few issues yet to be resolved and indicated that the new Specific Plan hadnot been submitted at this time. 3. Addressed the fault lines in the back basin and stated that fault lines could not be built upon. In order to bold the elevations must be changed to 1265 feet or no construction could take place based on a ruling from FEMA. He noted that it would still retain storage for flood control as per the Agreement for the Levy. He noted the PAGE TWENTY -SEVEN -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 number of amendments that occurred regarding the original Lake Management Agreement and noted that the meandering levee in existence did allow for development. 4. Noted that some of the property in the back basin would be set aside for habitat and would be acquired by the Habitat Agency through the developer or through dedication for mitigation. 5. Addressed the Bail Bond signage and stated that staff met with the owner and the signs met the downtown requirements. He noted that the sign that was up was in violation and staff met with the owner to remove the sign. 6. Addressed his contract and stated that it rolled over on a daily basis for one year. He stated that Council could address his contract at any time. He noted that his contract outlined his benefits and was public record. He stated that he would like to have a renewed contract. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: Reported that there were four items on the Closed Session as listed in the Agenda and under the Brown Act, two items were added because they required immediate consideration. She noted that the Stadium Litigation; Liberty Founders Litigation; Anticipated Litigation with Abbacy; and Anticipated Litigation regardng dispute of outstanding fees for a Stadium event were discussed and there was no reportable action. She requested that Council recess back into Closed Session following the public meeting to discuss California Bank and Trust Litigation, and EVMWD Litigation. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: PAGE TWENTY- EIGHT -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 Stated that the Unity in the Community Run was excellent, and lots of fun. 2. Attended the Christmas Tree Lighting atthe Outlet Center and the entire event was a success. Announced that the Tree Lighting Ceremony for Downtown will be on December 6, 2002. 4. The new flags for the flag poles in Tuscany Hills were scheduled to be hung in December. Asked the public to pray for the soldiers this Thanksgiving. He noted that it was a soldier that provided freedoms that our country enjoyed. 6. He suggested that the public donate a toy for COPS for Kids. 7. Asked that the public support the Lake Elsinore Outlet Center and encouraged people to shop locally. Congratulated both Lake Elsinore High Schools for making the CIF Playoffs. 9. Wished everyone a Happy Thanksgiving. Councilman Buckley commented on the following: Commented that the Unity in the Community Parade was a lot of fun. 2. Apologized to the public for the continuance of the public hearing. He noted that the DDA is now public and felt that it should have been discussed. He stated that he felt that the back basin should be used for recreation and tourism, however he was not opposed to housing in the back basin according to the Specific Plan. He presented an overview of the areas that he felt PAGE TWENTY- NINE -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 appropriate to place housing. He commented that although he was opposed to lawsuits, the two lawsuits addressing this issue were ones that he would have supported continuing to fight and felt that the City would have won. He noted that no one in the audience spoke in favor of the development, and the only persons that did not address the item were the developers. He commented that a developer that was truly interested in the community, and planned to build a great number of homes, should have stayed to hear the comments of the public. Recommended the deep fryer for Thanksgiving turkey. Wished everyone a Happy Thanksgiving. Councilwoman Brinley commented on the following: Commented on the CAP Conference and stated it was a worthwhile event and commend Jeanie Corral for all her hard work to make the Unity inthe Community Parade a great success. 2. Commented on the signage at the Bail Bond business and stated that staff had addressed the issue. Commended City Manager Watenpaugh for a job well done. She noted that City Manager Watenpaugh volunteered to hold hs contract over until the Parity Study was complete. 4. Noted how much she enjoyed the Christmas Tree Lighting at the Outlet Center and noted the size of the tree. She congratulated the Outlet Center for a job well done. 5. She noted that the Tree Lighting Ceremony for the Outlet and Downtown will be on Vision and Views on Monday Nights at 7:30 p.m. 6. Addressed the vans from RTA to bus the children to the Skate Park and stated that there was a problem with drivers. She stated that there was consideration being given to adding the Skate Park to the RTA route. PAGE THIRTY — CITY COUNCIL MINUTES — NOVEMBER 26, 2002 7. Questioned the issue of the Agreements with the Department of Interior. City Attorney Leibold stated that she had made a review of all the applicable contracts and would be happy to consider any other additional information. She stated that she would not place the City in conflict of any existing agreement. 8. Addressed the 404 Permit for building in the back basin and stated that the permit would have to be obtained prior to any building. 9. Questioned the role of the Planning Commission regarding the DDA. City Attorney Leibold explained that the proposed DDA essentially established a financing structure. She indicated that the project under the terms of the DDA was property land reclamation, grading site preparation and infrastructure installation. She further explained that it did not specify the particular uses. She indicated that it was not a land use regulatory document and did not speak to the type of use or the intensity of development, location or design standards. She stated that the agreement in question was an agreement for financing purposes between the RDA and the developer. She noted that the developer recognized that it was an entirely separate process to request the entitlements to build a particular project. She explained that the process would be an amendment to the existing East Lake Specific Plan and presented an overview of the process necessary to accomplish an amendment. She noted that it was an entirely separate process and the proposed agreements included representations and warranties by the developer that they understood that a Specific Plan was required; the City retained all of its legislative discretion in evaluating the Specific Plan Amendment and that the Conditions of Approval would in no way be a breech or compromise of the Agencies Agreement. Councilwoman Brinley presented an overview of a history of the project and noted that the Council would have more control over the Specific Plan and all of the issues related to the project. She congratulated the City Attorney's Office for all of the work that they had done to resolve this matter. She noted that the developers involved with the DDA were told that that fie public hearing would be continued, and they were under the impression that they would hear the testimony at the next meeting. PAGE THIRTY - ONE -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 10. Announced that Elsinore High School was selling Christmas Trees for their Baseball Booster Club. She stated that if anyone was interest they should call Elsinore High School and speak to Dusty Brinley. 11. Thanked Chief Walsh for his report to shed light on the lowered Crime Rate in the City. 12. Wished everyone a Happy Thanksgiving. Mayor Pro Tern Schiffner commented on the following: Addressed the comment regarding the Back Basin being used for a trade -off for habitat. He noted that the City could not choose what property could be dedicated. He noted that the Fish and Wildlife haddetermined the property that they wanted and they had the right to do so. He explained that unless there was an endangered bug, rat or flower in the Back Basin then they would not be interest in using that land. 2. Noted that the majority of persons that spoke addressed building in the flood plain and he explained that the property that would be built on would be raised and not be in the flood plain. He noted that all building would have to go through FEMA and the Army Corp of Engineers for approval. He noted that the City would be required to maintain the same amount of flood capacity and no fill dirt could be imported, therefore the soil must be removed from one area and moved to another. He noted that a golf course would be a part of the flood area and was part of the Agreement. Addressed the different ideas for development of the Back Basin and noted that all of the property in the Back Basin was privately owned and to this date there had been no one willing to step forward with millions of dollars and buy the property for recreational purposes. 4. Wished the audience a very Happy Thanksgiving. Mayor Kelley commented on the following: PAGE THIRTY- TWO -CITY COUNCIL MINUTES - NOVEMBER 26, 2002 Displayed the trophy that the City won for the Best Use of theme which was Celebrating Community Assets. 2. Apologized to Linda Ridenour for continuance of the public hearing. She noted that all of the persons that wished to speak would have the opportunity to speak again on December 10`n 3. Announced that Friday, December 6`n from 5:00 p.m. to 9:00 p.m. in the Historic Downtown was the Winterfest and Tree Lighting Ceremony. She invited the community to attend. 4. Announced Breakfast with Santa Clause on Saturday, December 10, at the Senior Activity Center at 8:30 a.m. and 10:00 a.m. She stated that for more information call 245 -0442. Announced the Christmas Home Tour presented by the Historical Society and stated that for more information call 245 -9230. 6. Announced that the Holiday Trolley starts December 7`n through December 215` and the cost of riding the trolley will be $.25. 7. Wished a Happy Thanksgiving to one and all. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:05 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:54 P.M., WITH THE FOLLOWING REPORTABLE ACTION: Approved action on Settlement Agreement with Abaccy. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY Nt usfn a52. PAGE THIRTY -THREE -CITY COUNCIL MINUTES- ; 2002 UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:56 P.M. VKELLEY, MAYOR OF LAKE ELSINORE ATTEST: jj - j VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE