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HomeMy WebLinkAbout10-09-2001 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH•MAIN STREET LAKE ELSINQRE„CALIFORNIA TUESDAY, OCTOBER 9, 2001 *~***,~*,~~****,~~***,~****,~~~**~~******,~**~****~**,~*****~x***,~*******~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Schiffner at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: NONE Also present were: City Maoager Watenpaugh, Deputy City Attorney Mann, Assistant City Manager Best, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis and Deputy City Clerk Parades. CLOSED SESSION A. 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). Deputy City Attorney Mann announced the Closed Session discussion topic as listed above. PAGE TWO - CITY COUNCIL MINUTES - OCTOBER 9, 2001 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:03 P.M. THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:35 P.M. RECONVENE PUBLIC SE5SION (7:00 p.m.l Mayor Schiffner reconvened the Regular City Gouncii meeting in public session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze INVOCATION The Invocation was provided by Pastor Alfred Macias, representing Elsinore First Assembly. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NONE Also present were: City Manager Watenpaugh, Deputy City Attorney Mann, Assistant City Manager Best, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Galtegos, Police Chief Walsh, Information/Communications Manager Dennis, City Treasurer Ferro, and City Clerk/Human Resources PAGE THREE - CITY COUNCIL MINUTES - OCTOBER 9, 2001 Director Kasad. PRESENTATIONS a. Presentation - California Communiy Partnership Distin~uished City Award.(F:56.1) Mayor Pro Tem Brinley indicated that she had accompanied the Police Chief and School Board Members to the California Community Partnership Awards Program; and noted that the Community Action Planning program had been submitted for consideration. She commented that the program was started about five years ago, by former school Superintendent Dr. Long, and had since been expanded to include a variety of agencies and businesses. She advised that of 100 programs submitted, Lake Elsinore was ranked in the top 15; and later at the awards luncheon the program ended up being ranked second and earning the City/District a Distinguished City Award. She noted that the competition between Lake Elsinore and Anaheim had been very close. She further noted the programs which originated with the CAP program such as youth court, Cops for Kids, and transportation education programs. She presented the Award to Mayor Schiffner. She encouraged future participation in the CAP conference and noted the upcoming Unity in the Community parade on November 17~'. b. Presentation - South West Riverside County WIN Pro~. (F:142.1)(X:140.1) Marie Chavez, WIN Progam Coordinator, provided an overview of the program, noting that they were working with youths 14-21 years old, to address areas including career exploration, life skills, leadership and work experience. She thanked the City for ailowing them a place in Lake Elsinore, and noted the opening of the Teen Center on July 18~'. She recognized youth members of the program for their comments. Seven program participants offered their thanks for the program and noted the skills they were gaining from the program. PAGE FOUR - CITY COUNCIL MINUTES - OCTOBER 9, 2001 Ms. Chavez thanked the Council for their time and looked forward to further involvement, noting that they plan to become more involved in City events. The Co-Presidents of the program presented a Thank you to the Mayor. Mayor Schiffner accepted the memento, thanked the students for this recognition and indicated that the City was happy to be part of the program. City Manager Watenpaugh noted that Chris Facundo had been working with the City to put together a youth advisory group and his efforts were very well received. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item No. 33 and deferred to that discussion. CONSENT CALENDAR ITEMS MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint Study Session - September 25, 2001. b. Regular City Council Meeting - September 25, 2001. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Meeting - September 19, 2001. (F:60.3) 2. Ratified Warrant List for September 27, 2001. (F:12.3) 3. Received and ordered filed the Investment Report for August, 2001. (F:12.5) PAGE FIVE - CITY COUNCIL MINUTES - OCTOBER 9, 2001 4. Rejected and referred to Claims Administrator the Claims Against the City - submitted by Anna Wright (CL #2001-14) and Joel C. Muhlbauer (CL #2001-29). (F:52.2) PUBLIC HEARINGS 21. Federal Emergenc Mana~ement Agencv - Flood Plain/Flood Dama~ Prevention Ordinance No. 1078. (F:81.1) Mayor Schiffner opened the public hearing at 7:15 p.m. City Manager Watenpaugh explained that this item was basically a housekeeping item, however it required a public hearing. He advised that staff had been contacted by FEMA for an update of the Ordinance, which was adopted in 1990. He noted the significant changes to the Ordinance, which were based on developmental changes over the last eleven years. Mayor Schiffner asked those persons interested in this item to speak. There were no requests to speak. Councilman Metze reiterated that this was a housekeeping item to update an existing Ordinance. - Mayor Pro Tem Brinley concurred with Councilman Metze. Councilman Pape had no comments. Councilwoman Kelley commented that the changes were fine. Mayor Schiffner closed the public hearing at 7:18 p.m. MOVED BY KELLEY, SECONDED BY METZE TO ADOPT ORDINANCE N0.1078 UPON FIRST READING BY TITLE ONLY: PAGE SIX - CITY COUNCIL MINUTES - OCTOBER 9, 2001 ORDINANCE N0.1078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPLACING CHAPTER 15.64 FLOOD DAMAGE PREVENTION OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COiTNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 22. Tentative Parcel Map No. 30187 Located on Chanev Street and Flint Street ~APN 377-160-015 & 016~. (F:110.2) Mayor Schiffner opened the public hearing at 7:19 p.m. Community Development Director Brady explained this request, which would divide appro~cimately 4.5 acres into four parcels. He detailed the sizes of each parcel and the location of this site. He noted that one parcel already has a building under construction and nearing completion, near the new Near Cal Corporation building. Mayor Schiffner asked those persons interested in this item to speak. There were no requests to speak. PAGE SEVEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 Councilman Metze indicated that this project would provide more jobs for the community, and he had no problem with youth. Mayor Pro Tem Brinley indicated that she had no problem, particularly since it provides more jobs for the community. She noted that Near Cal aiways does a good job. She commented that it appeared that staff had covered her specific concerns such as bonding, signs and design review. Councilman Pape supported this project as more growth in the industrial area. Councilwoman Kelley and Mayor Schiffner concurred with support of this project. Mayor Schiffner closed the public hearing at 7:20 p.m. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 30187 BASED ON EXHIBITS'A' THRU'C', AND THE FOLLOWING FINDINGS; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Tentative Parcel Map 30187 1. 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 iand uses and programs specified in the General Plan (Government Code Section 66473.5). PAGE EIGHT - CITY COiTNCIL MINUTES - OCTOBER 9, 2001 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). PLANNING DIVISION CONDITIONS 1. Tentative Parcel Map No. 30187 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. 30187 shail comply with the State of California Subdivision Map Act and shall comply with all appiicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Empioyees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No. 30187, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the 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. PAGE 1vINE - CITY COUNCIL MINUTES - OCTOBER 9, 2001 4. Prior to fmal map approval of Tentative Parcel Map No. 30187, the improvements specified herein and recommended approved by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. Ali of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 7. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 8. Pay all applicable park fees in force at time of issuance of building permits. 9. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterais sha11 cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 10. Meet all requirements of the providing electric utility company. 1 l. Meet all requirements of the providing gas utility company. 12. Meet all requirements of the providing telephone utility company. 13. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. PAGE TEN - CITY COUNCIL MINUTES - DCTOBER 9, 2001 14. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. 15. Prior to issuance of any grading permit or building permit, sub-divider shall sign and complete an"Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 16. Prior to building permit the appiicant shall submit a Sign Program for the entire complex. This Progtam shall include size, location and color restricts for each building. The program shall include size, location and color for any monuments signs. 17. The applicant shall relocate the northwest property line of Pazcel Two approximately 17' to the northwest to meet the General Plan's minimum floor area ratio (FAR) requirements, which are 40% maximum building coverage per parcel area. 18. The applicant shail record a CC&R that provides for inevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in faeor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC&R shall be approved by the Community Development Director prior to building permit. ENGINEERING DIVISION CONDITIONS 19. 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. 20. Dedicate a 20 ft. wide strip of additional street right-of-way along the frontage of Chaney Street to the City for a 100 ft. R/W prior to issuance of building permit or on the Final Map. PAGE ELEVEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 21. Public right-of-way dedications shall be prepazed by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85- 26). 23. Applicant must provide proof that lot line adjustment 00-2 has been recorded prior to approval of final map. 24. 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. 25. Construct all public works improvements along Chaney Street & Flint Street 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). 26. 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 1634). 27. The applicant shall furnish a signing and striping plan for Chaney Street and Flint Street subject to the approval of the City Engineer. 28. The driveway on Chaney Street should be located opposite a driveway on the EVMWD property or at a location approved by the City Engineer. Driveways on Chaney Street may become right turn in and right turn out only. PAGE TWELVE - CITY COUNCIL MINUTES - OCTOBER 9, 2001 29. Pay all fees and meet requirements of an encroachxnent 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. 30. 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. 31. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 32. 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. 33. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 34. Provide fire protection facilities as required in writing by Riverside County Fire. 35. Storm drain inlet facilities shail be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer 36. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. PAGE THIRTEEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 37. On-site drainage shall be conveyed to a public facility or accepted by the adjacent property owner by a letter of drainage acceptance or conveyed to a drainage easement. 38. 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. 39. Construction of drainage facilities on property not owned by the applicant would require approval and a drainage easement from the adjacent property prior to grading permit. 40. Roofs should drain to a landscaped area whenever feasible. 41. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. The site is located in FEMA flood Zone AE and the finished floor elevation must be above an elevation of 1265.5 ft. 42. Applicant will be required to install some type of inechanism for storm water runoff to filter or restrict storm water pollutants from entering the Outlet Channel. 43. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 44. The applicant to provide FEMA elevation certificates prior to certificate of occupancy. 45. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes PAGE FOURTEEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 BMP's that will be implemented for outdoor storage, vehicle maintenance, building maintenance and the use of herbicides, pesticides, & fertilizers. 46. Developer shall contribute $9,000 toward the design and construction of a traffic signal at Chaney Street & Collier Avenue. This development will increase traffic at the intersections at least 6% and should contribute 6% toward conshuction. 47. In accordance with the City's Franchise Agreement for waste disposal & recyciing, the applicant shall be required to coniract 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 otherphases of construction. - BUSINESS ITEMS 31. Design Review for Industrial Project No. I 2001-02 Located on Chanev Street and Flint Street (APN 377-160-015 & 0161. (F:86.2) Community Development Director Brady explained this item, which is located in the M-1 zone at the same location as the last item. He reiterated that the site would be developed into four parcels, one of which had already received Planning Commission and City CounciI approval. He detailed the sizes of the buildings and the total building areas. He noted that there are 124 proposed parking spaces, and reciprocal parking and access to the site had been arranged. He further noted that there would be over 25, 000 square feet of landscaping on the site, which exceeds the requirements set by the City's development codes. He presented a typical design of the building and noted that the applicant was agreeable to a higher quality of design for the project. Councilman Metze indicated that staff and the Planning Commission had addressed his concerns with this type of project. PAGE FIFTEEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 Mayor Pro Tem Brinley indicated that the project looked good and her issues had been addressed. She noted that Near Cal had done a great job in the past, showing good design and consistency of professional integrity. She indicated that the project would be an asset to Chaney Street. Councilman Pape commented that this was another 50,000 square feet of industrial development, it looked good and provided more jobs and business for the community. Councilwoman Kelley indicated that she saw no down side, as it was a nice project with no problems. Mayor Schiffner noted the flexibility of this project with smaller units that could be combined as needed. He commended the level of improvements to the project. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. I 2001-02 FOR THE INDUSTRIAL COMPLEX BASED ON EXHIBITS'A' THRU'E', AND TAE FOLLOWING FINDINGS; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 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 applicabie provisions of the Municipal Code, 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been PAGE SIXTEEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. PLANNING DIVISION CONDITIONS 1. Design Review approval for Industrial Project No. I 2001-02 will lapse and be void unless building permits are issued within one (1) year of City Council 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 eattension 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. Ali 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/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets including Collier Avenue. Any material covering the roof equipment shall match the primary wall color. PAGE SEVENTEEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 5. All exterior on-site lighting shall be shielded and directed on-site so as not' to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 6. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20'). 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. A minimum of five (5) handicap spaces are required. 8. A six foot (6') block wall shall be constructed along the rear northwest boundary. The block wall shall match the existing neighboring wall in color and material. The wall shall be coated with anti-graffiti material and shall be continually maintained as graffiti free. 9. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped pianter is required on each side of the trash enclosure. 10. No exterior roof ladders shall be permitted. 1 l. Applicant shall use roofing materials with Class "A" fire rating. 12. Ali exterior downspouts shall be painted to match with building exterior color. 13. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shali require a cash bond processed through the Planning Division. PAGE EIGHTEEN - CITY COUNCIL MINUTES - OCTOBER 9, 2001 14. 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. 15. On-site surface drainage shall not cross sidewalks. 16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. 18. Planting materials shall substantially match the existing plant species of the neighboring projects. 19. Any roof mounted equipment shall be screened from the pubic right-of-way. Ground mounted electrical equipment shall be screened with landscaping materials. 20. The minimum width allowed for the driveway proposed on Chaney Street shall be 30 feet. The removal of one parking space shall be justified to accommodate this driveway width. PRIOR TO BUILDING/GRADING PERMITS 21. 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. PAGE NINETEEN - CITY COUNCIL M~NUTES - OCTOBER 9, 2001 22. The appiicant shall submit a Sign Program for the industrial complex that specifies harmonious and consistent colors, materials while meeting the specifications of Chapter 17.94 of the Lake Elsinore Municipal Code. The Signage Program shall be reviewed by the Community Developrnent Director or Designee. A determination will be made by the Community Development Director whether further Planning Commission review shall be warranted. Individual City Sign Permits are required prior to the assembly of each sign. 23. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved azeas with a six-inch (6") high and six-inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. PAGE TWENTY - CITY COUNCIL MINUTES - OCTOBER 9, 2001 fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor 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) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 24. The landscaping setback along Flint Street shall average 20 feet with a minimum setback of 15 feet. 25. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof sha11 be presented to the Chief Building Official prior to issuance of building permits and final approval. PAGE TWENTY-ONE-CITY COUNCIL MINUTES-OCTOBER 9, 2001 26. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28. Prior to issuance of building permits, applicant shali pay park-in-lieu fee in effect at time of building permit issuance. 29. The applicant shall relocate the northwest property line of Parcel Two approximately 17' to the northwest to meet the General Plan's minimum floor area ratio (FAR) requirements, which are 40% maximum building coverage per parcel area. ENGINEERING DIVISION CONDITIONS 30. 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. 31. Applicant shall be required to meet ali applicable conditions of approval for Parcel Map 30187 at the appropriate development phase of the site. 32. Requested Su~portlCity of Hemet relating to Diamond Vallev Reservoir. (F:44.1)(X:96.1)(X:164.2) City Manager Watenpaugh noted that the item was a request from a representative from Hemet presented at WRCOG to support MTBE free gasoline engines on Diamond Valiey Reservoir. He noted that there was no mention of body contact with the water and Metropolitan Water District will be taking a vote on the issue, therefore, Council could support Hemet's request and request Hemet and MWD support of Lake Elsinore for body contact recreationai uses. He indicated that staff recommended that the PAGE TWENTY-TWO - CITY COUNCIL MINUTES - OCTOBER 9, 2001 Mayor and City Council consider the City of Hemet's request and direct staff accordingly. Councilman Metze stated that he had no problem supporting the phasing proposal. Mayor Pro Tem Brinley indicated that she would have no problem with phasing and asked how long was proposed for the phasing process. City Manager Watenpaugh stated that there was no specific time set for the phasing process, however it was discussed that it would allow the public to use their boats for several yeats as the phasing process progressed. He indicated that there would be no two-stroke engines allowed at all. Councilman Pape stated that it would make a great deal of difference if it were two years versus twenty years. Mayor Pro Tem Brinley concurred with Councilman Pape and stated she wished the proposal had been more specific. She asked if the City Manager had any recent communication with Hemet. He indicated that he had not, however he had spoken with representatives from Metropolitan and he felt that they would not go with phasing due to the MTBE that has been found in the drinking water and in the ground water. He gave an overview of the amount of gas that was released into the water by older engines. He explained that Hemet was asking that two-stroke and four-stroke engines be allowed on the lake, providing they use MTBE free gas for fuel. He noted that there would still be "blow-by" of gas into the reservoir; however there would be not MTBE in the water. Mayor Pro Tem Brinley asked if the Council of Hemet had given any indication of their proposed phasing process. City Manager Watenpaugh indicated that there had been no discussion in regard to a time period. Councilwoman Kelley noted that on page three of the staff report indicates that MWD's requirement would eliminate over 90% of the States's existing PAGE TWENTY-THREE-CITY COUNCIL MINUTES-OCTOBER 9, 2001 boats from using the lake and she could understand the City of Hemet's concern. She stated that she did not have a problem with a phasing program. She noted that what the City of Hemet was asking for was a letter of support for their resolution. Councilman Pape stated that if Diamond Valley Reservoir was not going to allow body contact, then the obvious alternative would be Lake Elsinore and he felt they should make efforts to improve water quality issues here as well as assuring the quantity of water to make sure that there would be a lake available for body contact. Mayor Schiffner noted that the subject had been discussed before and it was his understanding that that could be some type of trade-off that the City of Lake Elsinore could provide the water for the usage that they would not be permitted to do, and in turn we could consider other support. He stated that he could understand the City of Hemet's position, however he indicated that phasing would contribute to the pollution of the drinking water, and therefore he was opposed to the Resolution. He stated that he felt that the City should support the decisions of the Metropolitan Water District. He commented that regardless of the City's recommendation, MWD would make a firm decision following their fixed policy. Mayor Pro Tem Brinley stated tYiat the reason that she was in favor of phasing was because the City of Hemet was committed to work with MWD regarding phasing to prevent pollution of the lake. She noted how important it was to the City of Hemet to maintain economic recreational and proj ects. Councilwoman Kelley suggested that Council continue the item until staff could contact the City of Hemet and find out what they propose for phasing. Councilman Metze noted that the purpose of the request from Hemet was to address a new State requirement. He noted the difficulty that would be PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-OCTOBER 9, 2001 faced by people that purchased boats in previous years. He stated that he supported Hemet in their phasing program. There was general discussion in regard to Hemet requesting phasing and the purpose of the request. Mayor Pro Tem Brinley stated that she was in favor of offering a letter of support to the resolution, since she felt that the City of Hemet should have the right to their economic and recreationai projects. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE A LETTER OF SUPPORT FOR THE CITY OF HEMET'S RESOLUTION SUPPORTING A REASONABLE BOATING POLICY FOR THE DIAMOND VALLEY LAKE, WITH STAFF KEEPING COUNCIL INFORMED OF THE PROGRESS OF PHASING AND THE DECISION OF METROPOLITAN WATER DISTRICT. 33. Award of Contract - Skatepark Equinment. (F:114.14) City Manager Watenpaugh noted that a Committee had been formed under the guidance of Councilwoman Kelley regarding the proposed skatepark. He indicated that this approval would be for the purchase of the equipment. Community Services Director Sapp detailed the history of the development of this project, noting the past interest on the part of the City of Canyon Lake and the County of Riverside. He indicated that the Committee had met with other cities already operating facilities, and it was ultimately decided that the City would move forward with an above ground facility. He advised that the equipment would be versatile and easy to relocate, and the basic pad for the facility would equate to two lighted tennis courts if the equipment were removed. He thanked the Committee for their patience and commitment to the review of this project. He advised that seventeen bid packets were sent out with eight returned, and four finalists meeting PAGE TWENTY-FIVE-CITY COUNCIL MINUTES-OCTOBER 9, 2001 with the Committee. He introduced Chris Morris from True Ride and noted that he brought a sample of what the ramps would look like. Chris Morris, True Ride, thanked the Committee and Council for their consideration and work on this project. He noted that every city has seen benefits from their facilities. He detailed the features and enhancements included in the project and explained the construction of their ramps. He noted that they have parks which have had their equipment in place for five and six years. He noted the enhancements being provided at no extra cost to the City and explained that the equipment would be designed with beginning, intermediate and advanced skaters in mind. He noted that the question still remained as to whether bikes would be allowed in the facility. Councilwoman Kelley indicated that had not yet been decided, but the particulars should be determined at the next meeting. Mr. Morris indicated that could be left open and he would be available to participate as needed in the discussion; and further indicated that they wouid be a~ailable to help with the grand opening and bring in skaters. Mayor Schiffner noted that he had received requests to address this item and offered the podium to those speakers. James Hochgesang, 15059 Eureka Street, expressed support for the park project, noting that it wouid help the community and provide happiness and joy for young and old. He advised that he had surveyed kids in his neighborhood and they were in support of the project as well. He encouraged approval of the project. Chris Scholder, 16867 Ulmer Street, thanked the Council for the opportunity to speak. He noted that five years ago he begged for a skate park and it was now becoming reality. He further noted the efforts of the Committee in gaining input from the schools to ensure that the park would satisfy everyone. He stressed that it would provide a safe and supervised place for area kids to ride. He expressed hopes for Council and community PAGE TWENTY-SIX-CITY COUNCIL MINUTES-OCTOBER 9, 2001 support of the project; and thanked Councilwoman Kelley and Community Services Director Sapp for their efforts. Brian Johnson, 17538 Bodkin Avenue, thanked everyone involved for going forward with this project, noting that it was well done and the youth had provided a lot of input on the final product. He indicated that True Ride produced an excellent product; and thanked Councilwoman Kelley and Community Services Director Sapp for their work in developing this project. He noted that skateboarders were always looking for challenges and stressed the athletic nature of their abilities. He commented that Skateboarding was the third largest participant sport in the world. He suggested that the project would enhance the progressive nature of the City. Robin Johnson, 17538 Bodkin Avenue, thanked the Council for their approval of the park, and commented that it would be a great facility for the kids. Councilman Metze indicated that the advisory Committee had done a great job, but he was truly amazed by how long it took to get it done. He commented that the plan looked great and noted that his son would probably be one of the first wanting to use it. Mayor Pro Tem Brinley indicated that this was the type of effort for which the City won the Distinguished City Award. She noted that the project came out of the CAP Conference and was spearheaded by Councilwoman Kelley. She stressed the progressive nahue of the City and thanked Councilwoman Kelley for her time and effort. She indicated that she would be talking to RTA about providing transportation to the park for the kids in the area. She congratulated Councilwoman Kelley on the success of this proj ect. Councilman Pape concurred that it was hard to believe that it was started in 1999. He reiterated that over time Canyon Lake and the County had PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-OCTOBER 9, 2001 dropped out, but the City had decided to proceed. He noted the various features the equipment will provide. Councilman Kelley thanked the Council for their support on this project, and indicated that the whole idea turned the corner when the CiTy Manager pointed out the perfect location, and the park bond helped with the dollars. She commended the Committee on their work, and noted that skateboarders know exactly what they want and how it should be set up. She noted the emphasis on all levels of expertise to ensure a good time for everyone. She indicated that there was still a lot to be resolved regarding hours, the use of bicycles, etc. She noted that safety equipment would be required for use of the facility. She looked forward to the opening of the facility. Mayor Schiffner concurred that this was a great project, and noted that when he walked neighborhoods during the last election, a lot of young people and their families asked about such a facility. He commented that he hoped the young people would show their interest and appreciation by using the facility. He noted the considerable cost involved, but concurred it was a worthwhile project. He encouraged everyone to use the completed facility. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RECOMMENDATION OF TFIE SELECTION COMMITTEE AND ISSUE A PURCHASE ORDER TO TRUE RIDE FOR THE PURCHASE, FABRICATION AND INSTALLATION OF SKATE EQUIPMENT FOR THE MCVICKER CANYON SKATE PARK. THE CITY COUNCIL MEETING WAS RECESSED AT 7:54 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:56 P.M. PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-OCTOBER 9, 2001 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Charlene Cleary, Vice President of the Lake Elsinore Historical Society, invited the community to attend their Melodrama titled "Her Fatal Beauty" on October 26 at 7:00 p.m.; October 27 at 2:00 p.m. and 7:00 p.m.; and October 28, at 2:00 p.m. She stated that the admission would be $5.00 per person. Chris Facundo, Student Advisory Board, presented members of the Student Advisory Board. He stated that they had been working with the Skatepark Committee and thanked Council for the opportunity of working with the City. Bill Tucker, 740 Acacia, commended the graffiti removal employee and noted that she is always helpful and smiling; questioned if there was a fund-raiser in the City for the people of New York; noted that there would be a fishing contest in November, which would be open to everyone; announced that the Department of Fish and Game would be stocking trout in December; indicated that anyone that wished to be involved in the fishing contest could contact him at (909) 245-9976; indicated that plans were being made to hold a fishing derby for kids to be announced later; addressed the Diamond Valley Reservoir and stated that MWD should consider recreational fishing by boat. Chris Hyland, 15191 Wavecrest Drive, noted that she was a Grandmother and Great Grandmother and was looking forward to the election and serving on City Council. She criticized Councilman Pape during his term as Mayor for his action regarding the concessionaire at the City Campground and addressed the fact that Mr. Jess Watkins was a war veteran and felt that his property rights had been violated. She asked that people not vote for Kevin Pape and commented that Dave Cheney as a veteran should not vote for Kevin Pape. She commented on the drowning in the Lake. She asked for ail the citizens to vote for her on Election Day. Randy Maldonado, 30073 Sugarpine, addressed a problem with Forecast Homes slope and retaining wail behind his property. He asked who was going to take PAGE TWENTY-NINE-CITY COUNCIL MINUTES-OCTOBER 9, 2001 care of the slope and wall as well as the drainage problems that may occur. He asked that the Council address his concerns. Deborah Ibbotson, 30061 Sugarpine, asked the City Council to readdress the grading and fencing for Forecast Homes. She noted that they had been trying to resoive their concerns since August. She noted that the lots behind her lot were elevated above the slope and fence line and raise thirty-one feet and that elevation did not include the proposed house, which could be two stories tall. She stated that now, Forecast wanted to take her back wall and place their own wall on site to hold back the mountain of dirt. She commented that she was told that they would gain two feet of property. She indicated that the property already belongs to them and would place Forecast homes against the homes on Sugarpine. She cited a conversation with Senior Pianner Morita regarding the pad elevations and fence line. She noted that Forecast will further create a traffic problem on Sugarpine and asked that Council address their issues. Ron LittleJohn, 30057 Sugarpine Street, stated that the level of the pads are above the level of their fence lines and would be an invasion of privacy. He noted that if the property owners on Sugarpine did not allow Forecast to place their wa11 where they propose they stated that there would be a two-foot gap between walls and he felt that it would become a danger and potential trash problem. He asked that Council address these issues. Ford Ibbotson, 30061 Sugarpine, requested Council to readdress the issue of Forecast Homes Development. He stated that he was addressing the eastern side of the development. He noted that the elevation of the pads had been raised higher than was originally thought, to provide a Lake view. He read excerpts from the Feb. 7, 2001, Planning Commission Meeting which address Condition No. 18 and required Forecast to minimize view into existing properties. He noted that the houses are to be built close to the wall and would look directly down into the adjacent property. He asked that Council come to the site and see what was occurring. PAGE THIRTY-CITY COUNCIL MINiTTES-OCTOBER 9, 2001 Happy Neujahr, 30065 Sugarpine, concurred with the previous speakers and noted the elevation of the property being developed behind his home and the problems with fencing. Richard Schellerman, 30093 Sugarpine, concurred with pervious comments and noted that the property owners were told that Forecast Homes "had" to raise the elevation and it was his understanding that it was done for view shed. He opposed the elevation of the pads. George Lyera, 30081 & 30085 Sugarpine, asked that Council readdress the elevation of the pads and the fencing: He stated that Forecast should lower the• pads and change the elevation of the roads. Mayor Schiffner asked the City Manager or Community Development Director to answer the questions and concerns that were presented. City Manager Watenpaugh stated that he knew Community Development Director Brady was working on the fencing and grading issues. He stated that he would meet with Community Development Director Brady to go over the issues and then meet with the residents and bring their findings back to Council. City Manager Watenpaugh asked if Forecast Homes was still under the "Stop Work" order. Community Development Directar Brady stated that currently they could build the foundations for the homes, however that was as far as they could develop, since they had no water for fire protection. City Manager Watenpaugh stated that a meeting would be set with the residents and asked Community Development Director Brady to provide his office the addresses to notify them of a meeting. Mayor Schiffner addressed the residents and stated that staff would be contacting them and if there were something that could be done, staff would address the issues. Councilman Metze stated that the foundations seemed to be part of the issue. City Manager Watenpaugh stated that the foundations that are being built are by the models and not in the location that the residents have addressed. PAGE THIRTY-ONE-CITY COUNCIL MINUTE5-OCTOBER 9, 2001 CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS Deputy City Attorney Mann announced the Closed Session items as listed on the agenda and indicated that they resulted in no reportable action. No Reports. CITY COUNCIL COMMENTS Councilman Metze commented on the following: Noted that some things never change and commented on the attacks on Councilman Pape. 2. Commented that people seem to have a lack of understanding of what was going on in the community and noted that the Lake was one of the issues. He noted the involvement of the SCJPIA as well as the Lake level and use of wells. 3. Commented on wetlands noted that for them to be effective there must be a regular flow of water. 4. He noted that some the cooperative partnerships with County, State and Federal agencies. He indicated that those cooperative efforts have accomplished the building of the Sherif~s Station, Library, Mission Trail, Senior Center, and Gunnerson Pond to name a few. PAGE THIRTY-TWO-CITY COUNCIL MINUTES-OCTOBER 9, 2001 5. Commented that stopping drowning in a lake is like stopping traffic accidents on a highway. It cannot be done. 6. He noted the lack of understanding regarding Economic Gazdening and the efforts the City has made and accomplished to be "Business Friendly". 7. Noted the accomplishments regarding the Diamond Stadium. 8. Explained that the off-ramp at Diamond Drive was not the City's choice, but rather a Cal-Trans decision and now the City was stuck with trying to solve the problem. 9. Addressed lawsuits and stated that if someone breeches a contract there was no choice but to sue. 10. He noted that every time the Council makes a decision in regard to a subject, there was a public meeting regarding the issue with the opportunity for the public to address the issue. He stated that the persons that address Council offer criticisms, but not a solution. Mayor Pro Tem Brinley commented on the following: Announced that the "Try Transit Day" will be held October l Oth, 2001 for David A. Brown Middle School. She noted that it would include a field trip to Riverside. She explained that the purpose of the trip was to educate the students about public transportation. 2. Reported on the field trip with Terra Cotta Middle School and stated that they had a great visit with Mayor Ron Loveridge at Riverside City Hall as well as two judges from the Court House. 3. Commented on the cooperative efforts between the City and School Board in addressing and solving different issues. She indicated that the California PAGE THIRTY-THREE-CITY COUNCIL MINUTES-OCTOBER 9, 2001 Community Partnership Award was due to a cooperative effort between the City, School District, Sheriff's Department and local businessmen. She noted that the School Board and the City did work towazd a common goal of improvement for the community. 4. Announced that the Chamber of Commerce will be presenting their 6~' Annual Mini Grand Prix, at the Diamond Stadium, October 27th, 2001, from 9:00 a.m. to 5:00 p.m. She noted that there would be raffle prizes, a mini Street Fair, food booths, a Beer Garden, games and entertainment. She noted that there would be no admission charged. She further noted that there would be a special race for drivers 12 years and up. She stated that she would be available to challenge the children. 5. Encouraged the community watch the public forums to examine the candidates and make sound decisions. Councilman Pape commented on the following: Congratulated the students involved in the WIN program. 2. Commented that he was anxious to hear from staff after their meeting with the residents on Sugarpine to resolve their concerns. 3. Commented on the honor of receiving the California Community Partnership Award. 4. Commented on an advertisement by the Water District on Sunday regarding the water for the Lake. He stated that the City had not changed its position regarding reclaimed water; it is necessary to reduce the nutrient level in any reclaimed water that would go into the Lake, especially the phosphate level that promotes algae, which causes fish kills. He stated that what the City had discussed was sitting down with the District and Regional Water Quality Control Board to ascertain what would be an acceptable amount that PAGE TI3IRTY-FOUR-CITY COUNCIL MINUTES-OCTOBER 9, 2001 would be less than what was currently in the Lake. He noted that Santee Lakes receive reclaimed water at a very low phosphorous level. He explained that if high nutrient levels of water were placed in a lake it would cause problems; therefore the City should never consider putting high nutrient levels of water into the Lake. He cited that the article in the newspapers did not address the nutrient level and there were major differences between high and low nutrient leveis. He indicated that there was no mention of whether the District would honor the Tilley Agreement. He commented that the City was waiting for a finding from the court. He further commented that there was no mention in tha article whether the District would turn on the wells, which are part of the Fill and Operation Agreement. He stated that the abovementioned items were part of what should be done before using reclaimed water for the Lake. He noted that the article stated that the District had $750,000 set aside for the wells and he encouraged the Water District to start bringing the wells up to speed to add water into the Lake. He invited the pubic to make a review of the Fill and Operate Agreement and read sections of the Agreement addressing the level of the Lake. Noted the age and the function of the wells. He suggested that the public not be confused until all of the issues were resolved. He indicated that he expected the Tilley Agreement and the Fill and Operate Agreement to be honored and until they are honored, there should be no further discussion regarding reclaimed water unless it had a reduced nutrient level. Councilwoman Kelley commented on the following: 1. Urged the City Manager and Community Development Director to meet with the residents on Sugarpine Street and assist in the resolution of the problems that they have been experiencing as quickly as possible. She indicated her agreement with the residents regarding the two fences and would like staff to resolve that issue. PAGE THIRTY-FIVE-CITY COUNCIL MINUTES-OCTOBER 9, 2001 Mayor Schiffner commented on the following: Concurred with Council regarding the Forecast Homes site and stated that he suspected that the project was not in conformance with what Council had expected. 2. Commented that opinions expressed by members of this Board do not necessarily express the opinions of all. 3. He indicated that he was of the opinion that the addition of water to the Lake was not quite as simple as it might sound. He commented that the majority believed that recycled water would have to be used in some quantity. He noted that the use of recycled water had been studied for years and it was common knowledge that the phosphorous content in the water would be a problem and something would have to be done to address the phosphorous content. He noted the expense of removing the phosphorous content and explained that there had been discussion regarding using a small amount of reclaimed water with high phosphorous content placed in the Lake providing some other mitigating source be added. He indicated that an agreement had not been reached and explained that some agreements would have to be solved through litigation and others through negotiation. He stated that the City and District would probably use some recycled water at some stage of the game and possibly soon if mitigating factors can be found. He stressed that the City was working with the other agencies to try and solve the problem. 4. Listed the October events as follows: October 11"' - EDC Luncheon - Lake Elsinore Diamond October 20`~' - City Wide Clean-up - Lake Elsinore Diamond October 20"' - Composting work shop - Lake Elsinore Senior Center October 27`~' - Mini Grand Prix - Lake Elsinore Diamond October 27"' - Lake Elsinore Cruise Night - Downtown PAGE THIRTY-SIX-CITY COUNCIL MINUTES-OCTOBER 9, 2001 October 315` - Lake Elsinore Safe Candy Night - Downtown ADJOURNMENT THE REGiTLAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:45 P.M. ~~ ROBERT L. SCHIFFNE YOR CITY OF LAKE ATTEST: < ~ / r~-~'~"v ` ~ VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE