HomeMy WebLinkAbout05-09-2000 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, MAY 9, 2000
~~:~:~~~~~*:~:~~~~~:~~~:~:~~*~~:~~x*~:~~:~~**~~~~~:~~~:~~x~~:~*~*:~~~~~~~~~~~~:~*
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Brinley at 7:02
p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Pro Tem Pape.
INVOCATION
The Invocation was provided by Pastor Da~is representing the Evangelical
Seventh Day Baptist Church.
ROLL CALL
PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE,
SCHIFFNER, BRINLEY
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Administrative Services Director Boone, Community
Development Director Brady, Fire Chief Seabert, Police Lt. Mendoza,
Information/Communications Manager Dennis, Recreation & Tourism
Manager Edelbrock, City Planner Villa, City Treasurer Ferro and City Clerk
Kasad.
PRESENTATIONS
a. Proclamation - Mental Health Month. (F:122.1)
The representative was not present for presentation.
b. Proclamation - Veteran Appreciation Month. (F:122.1)
The representative was not present for presentation.
PUBLIC COMMENTS - AGENDIZED ITEMS
Requests were received to address the following items and deferred to those
discussions:
Items Nos. 4, 5 and 32.
PAGE TWO - CITY COUNCIL MINUTES - MAY 9, 2000
CONSENT CALENDAR ITEMS
The following items were pulled from the Consent Calendar for further discussion
and consideration:
Item Nos. 4, 5 and 7.
MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
The following Minutes were approved:
a. Regular City Council Meeting - Apri125, 2000. (F:44.4)
The following Minutes were received and ordered filed:
b. Planning Commission Meeting - April 19, 2000. (F:60.3)
c. Design Review Committee Meeting - April 19, 2000. (F:60.4)
2. Ratified Warrant List of Apri127, 2000. (F:123)
3. Received and ordered filed the Investment Report for March, 2000. (F:12.5)
6. Grant Easement to Permit the Construction and Maintenance of Electrical
Facilities to the New Fire Station to be Constructed at 29405 Grand Avenue,
Lake Elsinore. (F:48.1)(X:127.3)
8. Approved Public Hearing Date of May 23, 2000 for the following:
a. Tentative Tract Map No. 23848-5 Amendment No. 1 for Pardee
Construction Co. - A request to approve the amendment of TTM No.
23848-5 from a single 17.2 acre parcel to 64 single family residential
lots, one (1) park site, one (1) recreation center, and two (2) open
space lots. The project is located in the Cottonwood Hills Specific
Plan Area with Planning Area No. 7& 8. (F:160.2)
PUBLIC HEARING
21. Tentative Tract Map No. 29568 "Cottonwood Hills Snecific Plan "- Pardee
Construction Com~anX. (F:160.2)
Community Development Director Brady provided an overview of the
project and noted that it was a resubdivision of an existing map in the area.
He fi~rther noted that several conditions were modified at the Planning
Commission level and recommended a minor change to Condition #20 to
read "A homeowners association shall be established to manage and......".
Mayor Brinley opened the public hearing at 7:10 p.m., asking those persons
PAGE THREE - CITY COUNCIL MINUTES - MAY 9, 2000
interested in this item to speak. The following person spoke:
Mike Medafor, Project Design Consultants, representing the applicant,
offered to respond to any technical questions on the project.
Hearing no additional requests to speak, the public hearing was closed at
7:12 p.m.
Councilman Metze commented that overall this was a fine project. He
questioned revised Condition #67, regarding the potential for use of another
recycling vendor. He suggested requiring that they use the City contractor
to ensure proper management. Community Development Director Brady
indicated that staff was currently reviewing this condition under the existing
franchise agreement. Councilman Metze expressed concern with leaving
flexibility in the condition. Mr. Brady clarified that staff was not
encouraging use of another contractor. Councilman Metze suggested
specifically discouraging the use of another contractor. Mr. Brady clarified
that staff was in the process of reviewing the Condition under the
requirements of AB 939, and recommended that it remain as stated for the
time being. Mr. Metze inquired if it was possible to require that the
developer use the City contractor. City Attorney Leibold commented that
she did not believe that CR & R was an exclusive franchise, but noted that
there was some question of the ability to mandate their use to a developer.
Councilman Metze inquired if the applicant would be willing to use the City
contractor. Mr. Medafor responded that he did not believe there was an
issue at this point, but this condition was rewarded at the request of one of
the Planning Commissioners. City Attorney Leibold noted that there are
some concerns for efficiency and administration of the contract.
Councilman Metze expressed concern with having mutiple trash haulers and
contracts to administer. City Manager Watenpaugh noted the ne~ sentence
regarding use of another trash hauler, noting that hauling would have to be
free. He stressed that the City's concern was with getting proper credit for
AB 939 recycling requirements. Councilwoman Kelley noted that as
written this Condition should only apply to the clearing the lots and
construction phases. Community Development Director Brady confirmed
that this Condition was only for the construction phase. Based on that
clarification Councilman Metze concurred that it was acceptable.
Councilwoman Kelley indicated that she had no other questions, but noted
the lot sizes proposed with an average of 7,076 square feet.
Mayor Pro Tem Pape noted that this resubdivision was intended to create
larger residential lots. He commented that this was a very favorable change
for the community, and noted that they intend to start moving dirt in July of
this year.
Councilman Schiffner noted that most of the proposed conditions were from
the previous approval; and this action was only proposing a change in
density. He saw no problem with the proposed project.
PAGE FOUR - CITY COUNCIL MINUTES - MAY 9, 2000
MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO. 29568
BASED ON THE FOLLOWING FINDINGS, EXHIBIT "A" AND SUBJECT
TO THE FOLLOWING CONDITIONS OF APPROVAL.
FINDINGS
l. The proposed subdivision, together with the provisions for its design and
improvements, is consistent with the General Plan, the Cottonwood Hills
Specific Plan, and the approved Development Agreement at the time of its
approval and adoption. The proposed subdivision is compatible with the
objectives, policies, general land uses and programs specified in the General
Plan and the Cottonwood Hills specific Plan at the time of its approval and
adoption.
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 ea~tent possible, for
future passive or natural hearing or cooking opportunities in the subdivision
(Government Code Section 664123)
CONDITIONS OF APPROVAL
PLANNING DIVISION
1. Tentative Tract Map No. 29568 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 Tract Map No. 29568 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 defend (with counsel acceptable to the City), indemnify,
and hold harmless the City, its Official, Officers, Employees, and Agents
from any claim, action, or proceeding against the City, its Official, Officers,
Employees, ar Agents to attach, set aside, void, or annul an approval of the
City, its advisory agencies, appeal boards, or legislative body concerning
Tentative Tract Map No. 29568, 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.
PAGE FIVE - CITY COUNCIL MINUTES - MAY 9, 2000
4. A precise survey with closures for boundaries and all lots shall be provided,
per City Ordinance.
5. The City's Noise Ordinance must be met during all site preparation activity.
6. Street names within the subdivision shall be approved by the Community
Development Director or Designee prior to final map approval.
7. Applicant shall bond for all public improvements and grading for subject
development as required by the City Engineer. a) Bonding shall be done by
phases and not by final maps(s) on grading. b) Bonding shall be done by final
map(s) for all other improvements.
8. Pay all applicable fees including park fees as stated in the development
agreement prior to issuance of building permits.
9. Prior to final map approval of Tentative Tract Map No. 29568, the
improvements specified herein and approved by the Planning Commission
and the City Council shall be installed, or the bonds and agreement for said
improvements, shall be submitted to the City for approval by the City
Engineer, and all other stated conditions shall be complied with.
10. Prior to Final Tract Map approval, provide drainage acceptance letters from
adjacent property owners to be approved by the City Engineer and City
Attorney and recorded.
11. All of the improvements shall be designed by developer's Civil Engineer to
the specifications of the City of Lake Elsinore.
12. Comply with all conditions of the Riverside County Fire Department.
Provide fire buffer zones around the east side of tract boundary and landscape
for fire retardant and erosion control prior to issuance of first Certificate of
Occupancy. Pursuant to Section 6.2 of the Cottonwood Hills Specific Plan.
(amended at Planning Commission hearing)
13. Applicant must meet all requirements of Elsinore Valley Municipal Water
District (EVMWD).
14. 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.
15. The developer shall submit plans to Southern California Edison 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.
PAGE SIX - CITY COUNCIL MINUTES - MAY 9, 2000
16. Meet all requirements of the providing electric utility company.
17. Meet all requirements of the providing gas utility company.
18. Meet all requirements of the providing telephone utility company.
19. All trailers used during construction, mailboxes and signage shall be subject
to Planning Division review and approval prior to installation.
20. A homeowners association shall be established, to manage and impose fees to
maintain all slopes or common areas, open space, private drainage facilities,
firebreaks, habitat areas, private recreational facilities and grounds, private
streets and any other common amenities. This association shall be established
subject to current State laws and be subject to the approval of the City
Attorney and Community Development Director who shall review all CC &
R's and rules for their adequacy and completeness. The City Attorney shall
review CC & R's, homeowners association documents and all documents to
convey title to the homeowners association. (amended at Planning
Commission and City Council hearing)
21. Subdivider shall record CC & R's for the project prohibiting on-street storage
of boats, motor homes, trailers and trucks over one (1) ton capacity. It shall
also record a reciprocal parking and access agreement in favor of all lots
within the subdivision. CC & R's shall be subject to the approval of the
Community Development Director, or his designee, prior to recordation of
any deeds or final map. CC& R's shall be recorded prior to issuance of any
Certificate of Occupancy for the units when developed in the future.
22. Any alterations to the topography, ground surface, or any other site
preparation activity will require appropriate Grading City 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.
23. All development associated with this map requires separate Design Review
approval.
24. Prior to issuance of any grading permit or building permit, subdivider shall
sign and complete an "Acknowledgment of Conditions" and shall return the
executed original to the Community Development Department.
25. All project mitigation measures, listed within the certified EIR for the project,
shall be incorporated into project design and development.
26. The applicant shall pay applicable fees and obtain proper clearance from the
PAGE SEVEN - CITY COUNCIL MEETING - MAY 9, 2000
Lake Elsinore Unified School District (LEUSD) prior to issuance of
building permits.
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. Tentative Tract Map 29568 shall be subject to all applicable conditions of
approval of tentative tract 23848 (Cottonwood Hills Development).
29. Pay all Capital Improvement and Plan Check fees (LEMC_1634, Resolution
85-26).
30. 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.
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 Division 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. The desirable design grade for local streets should not exceed 9%. The
maximum grade of 15% should only be used because of design constraints.
35. 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).
36. 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 public works improvements will be
scheduled and approved.
37. Applicant shall obtain all necessary off-site easements far off-site grading
from the adjacent property owners prior to final map approval.
38. Arrangements for relocation of utility company facilities (power poles, vaults,
etc.) out of the roadway shall be the responsibility of the property owner or
PAGE EIGHT - CITY COUNCIL MINUTES - MAY 9, 2000
his agent.
39. Provide fire protection facilities as required in writing by Riverside County
Fire.
40. Provide street lighting and show lighting improvements as part of street
improvement plans as required by the City Engineer.
41. Developer shall install blue reflective pavement markers in the street at all fire
hydrant locations.
42. 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.
43. 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.
44. All utilities except electrical over 12 kV shall be placed underground, as
approved by the serving utility.
45. If grading exceeds 50 cubic yards, 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.
46. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
47. Al1 grading shall be done under the supervision of a geotechnical engineer
and he shall certify all slopes steeper than 2 to 1 for stability and proper
erosion control. All manufactured slopes greater than 30 ft. in height shall be
contoured.
48. 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.
49. On-site drainage facilities located outside 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".
50. All natural drainage traversing site shall be conveyed through the site, or shall
PAGE NINE - CITY COUNCIL MINUTES - MAY 9, 2000
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 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. 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.
55. A drainage acceptance letter will be necessary from the downstream property
owners for outletting the proposed storm pipe onto on private property.
56. Developer shall be subject to all Master Planned Drainage fees and will
receive credit for all Master Planned Drainage facilities constructed pursuant
to the approved Development Agreement. (amend at Planning Commission
hearing)
57. Applicant shall provide the city with proof of his having filed a Notice of
Intent with the Regional Water Quality Control Board for the National
Pollutant Discharge Elimination System (NPDES) program with a storm
water pollution prevention plan prior to issuance of grading permits. The
applicant shall provide a SWPPP for post construction which describes
BMP's that will be implemented for landscaping, the application of
herbicides, pesticides and fertilizers.
58. 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.
59. Intersecting streets on the inside radius of a curve will only be permitted when
adequate sight distance is verified by a registered civil engineer.
60. Local streets shall have a minimum of a sixty (60) ft. right-of -way with forty-
(40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have a
minimum of a fifty-six (56) ft. right-of-way with thirty-six (36) ft. curb-to-
curb. As approved in the Specific Plan by City Council.
61. Cottonwood Hills Road and Lost Road shall be improved as specified in the
PAGE TEN - CITY COUNCIL MINUTES - MAY 9, 2000
Cottonwood Hills Specific Plan Transportation Phasing Program except for
the allowance of left turn lanes at intersections and/or driveways for safety
prior to the first certificate of occupancy.
62. No residential lot shall front and access shall be restricted on Cottonwood
Hills Road and so noted on the final map.
63. A traffic signal shall be installed and be operational at the intersection of Lost
Rd. and Cottonwood Hills Rd. prior to the first class being held on the school
site.
64. Deleted at Planning Commission hearing
65. On large open space lots, the area adjacent to houses or commercial buildings
shall be designated as a fuel modification zone for a firebreak and maintained
by a homeowner's association.
66. The developer shall comply with a Cultural Resources Mitigation Program
prior to final map approval or grading permit (whichever occurs first). The
program shall be based on site evaluations by qualified archaeologists and
historians to establish significance of each site and a detailed plan for
appropriate mitigation, subject to the approval of the Community
Development Director. Compensation for disturbances to cultural resources
shall be provided by a program to recover information from sites that shall be
monitored by archaeologists where required by the EIR. In the event
significant histaric material is discovered, it shall be removed before grading
occurs.
67. All waste material, debris, vegetation and other rubbish generated during
cleaning, demolition, clear and grubbing ar other phases of the construction
shall be disposed of at appropriate recycling centers. The applicant should
contract with `CR&R Inc. for recycling and storage container services, but the
applicant may use the services of another recycling vendor. Another recycling
vendor, other than CR&R Inc., cannot charge the applicant for bin rental or
solid waste disposal. If the applicant is not using CR&R Inc. for recycling
services and the recycling material is either sold or donated to another vendor,
the applicant shall supply proof of debris disposal at a recycling center,
including verification of tonnage by certified weighmaster tickets.
68. Developer shall install one benchmark in accordance with Riverside County
Standards and at a location to be determined by the City Engineer.
31. 5econd Reading - Ordinance No. 1064 relating to Fortunetelling
Re~ulations. (F:34.1)
MOVED BY SCHIFFNER, SECONDED BY METZE TO ADOPT
ORDINANCE NO. 1064 UPON SECOND READING BY TITLE ONLY.
PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 9, 2000
ORDINANCE N0.1064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REPEALING EXISTING
CHPATER 9.64 (FORTUNETELLING) OF THE LAKE ELSINORE
MUNICIPAL CODE IN ITS ENTIRETY AND ADDING A NEW
CHAPTER 9.64 (FORTUNETELLING) AND AMENDING CHAPTER
17.48 TO ALLOW FORTUNETELLING AS A PERMITTED USE IN
THE C-2 GENERAL COMMERCIAL ZONE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE,
SCHIFFNER, BRINLEY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. Mavor's Advisorv Committee For Palm Tree Preservation - Final
Recommendations to City Council. (F:157.1)
City Manager Watenpaugh explained the formation of the Palm Tree
Committee, and noted that the members were present at this meeting and
complimented them on a job well done.
Palm Tree Committee Chairman La Pere, as Chairman, expressed his
gratitude to the other members and the community for their participation in
the democratic process, noting that this is sometimes taken for granted in
the United States. He thanked the City Council for their positive and
constructive approach to the issue. He presented the Mayor and City
Council with individual mementos of the process they have undertaken. He
also thanked and presented mementos to Robert Lopez and Dave Simmons
from the Edison Company for their assistance. He then thanked and
presented mementos for City Manager Watenpaugh and Community
Services Directar Sapp for their tharough services and time spent with the
committee on weekends. He then commended the City Council on their
selection of the Committee members and presented mementos to the other
members of the Committee and expressed his appreciation to them for their
assistance.
Mayor Brinley thanked Chairman La Pere for his leadership of the Palm
Tree Committee and praised his service to the community. She then
recognized the other committee members, Fred Dominguez, John Gonzales,
Tim Fleming and George Rivera, individually, noted their service to the
community and presented them with Certificates of Appreciation.
PAGE TWELVE - CITY COUNCIL MINUTE5 - MAY 9, 2000
Chairman La Pere presented the Committee's final recommendations as
listed in the agenda item.
Roger Grace, 40120 Palm Drive, expressed sadness and disappointment that
trees will be relocated from the Country Club Heights area. He noted the
past vision for the area and expressed sadness with the loss of the light posts
and trees over the past few years. He expressed hopes for future
consideration of the historical nature of the area. He suggested the need for
compensation of the losses to the area and noted the offsets required in the
construction industry for such a loss.
Councilwoman Kelley thanked the Committee for their hard work and
sacrifice to address and review the trees. She addressed Mr. Grace and
noted that a policy was adopted to regulate palm tree removal, and the
Committee was a means to respond to the public outcry. She suggested that
Mr. Grace speak with the Committee members to gain insight into the
reasons for the decisions they made. She indicated that the Council was
very concerned with the palm trees and had gone overboard to address those
concerns. She thanked the Committee for their services and indicated that
she had no problem with the final recommendations. She noted that the
verbiage should probably request that we ask Caltrans and the County to
remove the palms, but suggested it probably wasn't possible to mandate that
they do so. She noted that recommendation #3 could be addressed by Code
Enforcement. She indicated that with regard to recommendation #4, this
Committee was formed to address a specific task and that task was complete
at this time; so it would be at the discretion of the Mayor to reform it to
address future issues.
Councilman Metze concurred with Councilwoman Kelley; and suggested
that recommendation #4 could not officially be accepted as written,
however if the issue comes up again he would see her reactivating the same
group. Chairman La Pere clarified that the intent was to let the Council
know that they were all willing to serve again if needed. Councilman Metze
commented that it was a tribute to the community, how this group came
together and worked out the issues. He thanked the Committee for their
efforts and for the trophy.
Councilman Schiffner thanked the Committee for their efforts and noted the
thorough consideration given to this issue. He also expressed appreciation
to staff for their efforts, and recommendations which was very close to
those of the Committee. He expressed pride in everyone who worked on it,
and sorrow that everyone could not be satisfied with that process. He
indicated that he was very pleased with the outcome of the Committee and
concurred that this group might be called upon again in the future.
Mayor Pro Tem Pape echoed the thanks to the Committee and expressed
surprise with the trophy. He noted for the viewing public and the press that
there would now be a few trees moved and stressed that several dozen trees
would be moved from the power lines. He stressed that they will be moved
r,.
PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 9, 2000
to public property and remain in public view; and noted that people should
not be surprised when the trees are moved. He reiterated that the trees
would have otherwise been killed by trimming. He indicated that it was
great to see everyone working together for such a good conclusion.
Mayor Brinley offered personal thanks to Mr. La Pere and the Committee
and noted that the Chairman's job was not an easy task. She noted the
previous study sessions and town hall meeting and stressed that the Council
was sensitive to the community concerns. She commented that the
Committee did a good job of addressing those concerns and faced with a
similar situation she would not hesitate to call on them again. She noted
that this Committee had set a precedent for the community and established
the guidelines for a successful Committee. She excused the Committee
from their responsibilities and expressed hopes of seeing them serve on a
City Committee again.
MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE RECOMMENDATIONS 1 THRU 3,
WITH MODIFICATIONS AS FOLLOW:
Authorize staff to request that Caltrans to remove dead palm trunks as
listed - Phase III list. (#2, #3)
2. Authorize staff to request that the County of Riverside remove dead
palm trunks as listed on Phase III list. (#4)
3. Authorize staff to notify the private property owner at the corner of
Lakeshore and Jernigan to clean the lot as it is a health and safety
issue and propose donation of the three Canary Island Date Palms to
the City.
ITEMS PULLED FROM THE CONSENT CALENDAR
4. Final A~proval of Parcel Map 29325. (F:110.2)
Community Development Director Brady provided a brief history of this
item and overview of the project. He noted that this approval would include
about 148,981 square feet of new industrial space.
Chris Hyland, 15191 Wavecrest Drive questioned what this project was
proposing.
Community Development Director Brady clarified that this item was a
Tentative Parcel Map, fully bonded for public improvements on ten acres
along Collier between Riverside and Central. It would include ten industrial
buildings.
Mrs. Hyland suggested the inclusion of more extensive information on the
Agenda cover sheet. Mayor Brinley indicated that her suggestion was duly
PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 9, 2000
noted.
Councilwoman Kelley commented that it was wonderful to have this new
industrial project in the community.
MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE FINAL MAP, SUBJECT TO
THE CITY ENGINEER'S ACCEPTANCE AS BEING TRUE AND
CORRECT AND ACCEPT ALL DEDICATIONS AT TIME OF
RECORDATION; AUTHORIZED THE CITY CLERK TO SIGN THE MAP
AND ARRANGE FOR THE RECORDAITON; AUTHORIZED THE CITY
CLERK TO SIGN AND OBTAIN THE SIGNATUIZE OF THE MAYOR ON
THE AGREEMENT FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS; AND AUTHORIZED THE CITY CLERK TO SIGN
AND OBTAIN THE SIGNATURE OF THE MAYOR ON THE
INDEMNIFICATION AGREEMENT IN REGARD TO THE RETENTION
AND CONTROL OF STORM WATER RUNOFF ASSOCIATED WITH
THIS DEVELOPMENT.
Councilman Schiffner noted the location and indicated that there is already
one building on the property. He also noted that the agenda information
would soon be available via the Internet from the City's new website.
CR&R Inc. Annual Consumer Price Index (CPII Increase For Refuse
Collection. (F:68.1)(X:163.1)
City Manager Watenpaugh noted this item was for the annual contract
review for the waste and trash hauler. He explained that this consideration
was required by the contract. He advised that the increase is based on the
CPI and is a thirty cent increase in the monthly rate, based on the 2.3% CPI.
Chris Hylarid, 15191 Wavecrest Drive, noted that this is one of her pet
peeve's, like the Lighting and Landscape Maintenance District. She
indicated that she called some other cities and they have a 7% revenue to
the City. She stated that she had no qualms with the company and had
talked with 1VIr. Fahrion. She expressed concern that the City of Lake
Elsinore receives 20% revenue from the contract. She questioned where the
additional dollars were going. She suggested that the Community needed
an explanation.
City Manager Watenpaugh noted that when this fee was reviewed a few
years ago it was raised from 10% to 20%. He indicated that the money goes
into the general fund for expenditures including streets and other items.
Mayor Pro Tem Pape reiterated that this was a contract obligation.
Councilwoman Kelley concurred that this consideration was set by the
contract and the increase was only for the CPI.
PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 9, 2000
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO CONFIRM THE APPLICATION OF NEW
RATES FOR REFUSE PICK-UP, RECYCLING AND DISPOSAL (IN
ACCORDANCE WITH THE CITY'S CONTRACT WITH CR&R),
EFFECTIVE JULY 1, 2000.
7. Applications for Planning Commission. (F:60.2)
City Manager Watenpaugh commented that this was a standard policy item
and noted that there were three vacant seats on the Planning Commission.
He explained the procedure of advertisement and posting of the vacancies.
He indicated that the Council would then appoint a sub-committee to
recommend appointments subject to the approval of the balance of the City
Council.
Mayor Brinley noted that the sub-committee should include the Mayor and
Planning Commission Chairman. Councilman Metze requested to be
included on the committee to interview the applicants. Mayor Brinley noted
that the seats of John Barnes, Ericka Matthies and James Sands were
becoming vacant. She encouraged the current commissioners as well as
other residents to apply.
Mayor Pro Tem Pape noted that some of his concerns had already been
addressed; and concurred that it was important to establish a committee for
interviews to make the recommendations, and making the public aware of
the fact that applications were being solicited. He noted the high rate of
development in the community and stressed the decisions the Planning
Commission would need to make. He suggested that it might be appropriate
to look at reviewing all five positions to insure that the best people are
serving on the Commission.
Mayor Brinley commented that the current Commission is good and she
saw no need for a full review at this time. She stressed that the Planning
Commission is the nuts and bolts of the City. She noted her past service on
the Commission and stressed the good background they have on the
direction of the City. She stressed the benefits of good cooperation between
the Council and the Commission. She encouraged interested parties to step
forward and apply for consideration. She noted that the applications would
be available at City Hall during regular business hours, and following the
application period the City Clerk would be contacting the applicants for
interviews.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A UNANIMOUS VOTE TO APPROVE THE SUB-COMMITTEE OF
COUNCILMAN METZE, MAYOR BRINLEY AND PLANNING
COMMISSION CHAIRMAN WILSEY AND AUTHORIZE THE CITY
CLERK TO ADVERTISE FOR APPLICATIONS.
PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 9, 2000
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Barbara Cady, 32524 Wildomar Road, announced the Friends of the Library
meeting to be held on May 1 lt'' with Supervisor Buster as a speaker. She further
announced that there would be a book sale May 20th from 9 a.m. to 3 p.m.; and
noted that there was a lot of new material coming in for the sale including the
donation of 180 videos. She noted that the Friends of the Library now have a web
site provided by Jack McColley, at www.lelibraryfriends.org.
Debra Crawford, 15135 Knollwood Street, President of Elsinore Valley Arts
Network, read a poem called "I Am the Rose", one of the honorees from last year's
Young Poets' contest; and noted that it was an elementary student entry. She
advised that the 126 entries for this year were now in the hands of the judges; and
encouraged everyone to attend the awards ceremony on May 22°d at the Cultural
Center. She advised that it would be a free evening of awards and poetry and
offered her phone number far mare information (678-5924).
Bill Tucker, 740 Acacia Street, thanked Tom Buckley of the Press Enterprise and
the "Whiskers Committee° for their assistance. He noted the great stories written
by Mr. Buckley, and expressed hopes that Whiskers wouldn't be caught. He
announced that the Press Enterprise would be sponsoring a colaring contest and
there would be weekly prizes which have been donated for the campaign.
Pete Champagne; -16390 Stevens Street, noted that Stevens Street is finally paved
and thanked the Council for this improvement. She noted the prior mention of a
skating park and suggested using the former K-Mart building; and suggested it
would be cheaper to buy that building than to build a new facility.
Chris Hyland, 15191 Wavecrest Drive, advised the public how wonderful the
group is that is circulating the Initiative petition. She noted that Sam Pratt in
Temecula and a group in Murrieta are starting similar efforts. She noted that the
group was getting a lot of signatures and were very upbeat. She stated that they
could use more assistance and could call her for a contact. She requested that
everyone get out and help. She suggested that everyone sign the initiative
petitions.
George Alongi, 649 Mill Street, thanked the Sheriffs Department for their efforts
to clean up Main Street. He also thanked Community Development Director
Brady for assistance with barricades on Main Street. He then thanked City
Manager Watenpaugh for his efforts. He suggested that Glo-fire should be shut
down, noting that they were removing parts of the building at 1 a.m. He stressed
the ongoing violations with the building over the past 15 years. He noted that the
wall fell down last year, but the Community continues to tolerate noise, speakers,
loud radios, swearing, etc. He further noted that four property owners on Main
Street are pledging some expensive development and improvements. He
suggested that the City has torn down peoples' homes for less violations; and it is
time to give them a time schedule for action. He stressed the impacts of noise,
dust, etc. from Glo-fire.
Tim Crawford, 15135 Knollwood Street, indicated that he was present because as
PAGE SEVENTEEN - CITY COUNCIL MINUTES - MAY 9, 2000
an individual, he wanted to say that for him it would be a great pleasure if people
would work together to bring about positive changes as opposed to needless
harassment, half trues and not doing full investigations. He indicated that Ms.
Hyland presented a good question about waste collection, but it sounds like it
should have been asked years ago. He suggested making sure information is
correct befare making accusations and doing name calling. He indicated that he
has not had any problems getting answers from the City or the Council, but mud-
slinging only causes the expenditure of extra time to put out fires. He supported
active participation in the City to bring positive improvements, but suggested
leaving room for mistakes or wrong decisions, that are inevitable. He noted that
everyone will never completely agree, but reminded the community that they put
their faith in the current elected officials to do the best they can do. He expressed
concern for people embarrassing themselves at the public podium and stressed the
importance of remaining positive.
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1) Noted that the Main Street Project is a joint project between the City
and Water District. He further noted that the project will cause a few
circulation problems, due to extensive trenching and detours during
construction. He indicated that signage will be placed to address the
project, which will run through mid-September. He further indicated
that the most drastic construction phase is being done right now for
removal of old road and replacement of utilities. He detailed the
overall project improvements, and noted that it took longer than
anticipated due to the coordination required between agencies.
2) Noted the Proposition 13 funding from the water bond for the
watershed area and indicated that the JPA met on May 4th with four
members present. He further indicated that they agreed to each fund
$12,500 pending board approval, for administration costs and legal
fees between now and August ar September when the bond money is
available. He explained that the JPA was moving forward with the
CEQA requirements to ensure timely action on projects.
3) Announced "Know Your City Week" events far the period from May
22 through May 25. He advised that Monday would be Student
Government Day; Tuesday, the Student Government Day participants
will participate in the City Council Meeting; Thursday will be the
first Budget Study Session at 10:30 a.m.; and the City will host the
Chamber Mixer at City Hall on Thursday evening. He noted that the
Mixer will be open to everyone with City Hall open and staff present
to answer questions.
4) Announced that palm trees will start being placed in the Railroad
Canyon project on May 15`", but clarified that the trees will not come
from those designated for removal. He indicated that the contractor
PAGE EIGHTEEN - CITY COUNCIL MINUTES - MAY 9, 2000
will be purchasing the trees far the project. He noted that staff was in
the process of tagging the palm trees for removal in compliance with
City policy; with each tree being identified, photographed and tracked
as to where they are placed. He clarified that none will be moved
until the Temporary Restraining Order is lifted; noting that the filing
has been made with the court, but it is pending the Judge signing off
on it. He praised the Mayor's Advisory Committee for their efforts.
5) Confirmed that Mr. Alongi had been to City Hall regarding the Glo-
fire building, they are in the abatement process and required to bring
forward plans and schedules. He offered to answer any questions
regarding the legal time frames.
CITY ATTORNEY COMMENTS
City Attorney Leibold announced the Closed Session item as listed below.
COMMITTEE REPORTS
No Reports.
CYTY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:
1) Noted that she attended the National Day of Prayer event last week;
and indicated that it was a nice event and very well attended. She
advised that they presented the City with a proclamation and staff was
presently looking for the proper place to display it.
2) Advised that the skateboard park was still moving forward and the
City already owns the property where they would like to place it. She
indicated that the K-Mart building would be too expensive and too
large. She noted that staff was working on setting up the next
meeting with the Committee to look at conceptual drawings.
3) Reminded the public of the concert series in the Park concluding with
the presentation by the philharmonic.
Mayor Pro Tem Pape commented on the following:
1) Noted the Railroad Canyon Median Project landscaping would take
about 30 days to complete.
2) Noted that the 4`" quarter Sales Tax revenues are up again,
approximately 7%. He further noted that he would expect an increase
in the ne~ quarter with the Ford Dealership operational and doing
well.
PAGE NINETEEN - CITY COUNCIL MINUTES - MAY 9, 2000
3) Encouraged the City to persuade the JPA that all four agencies should
participate in administrative fees. He stressed the need for immediate
funding for the EIR to ensure in-lake testing this summer. He
suggested that July ls` would be too late and a whole year would be
lost.
Councilman Schiffner commented on the following:
1) Responded to Mr. Alongi on his comments and noted that he had
become aware of the problems and responsibilities of the RDA. He
promised that as Chairman, he would do all he could to bring about
the improvements the RDA was established to provide. He noted that
he would not anticipate any disagreement from the other
Councilmembers, but stressed that projects would be based on the
aeailability of funds. He suggested it was not helpful to hash over
the past, but he would do everything possible to bring the Agency out
of it.
2) Indicated that with regard to Glo-fire, he was prepared to request a
report on the matter, but the City Manager had already provided an
update. He requested further reports as the work continues.
Mayor Brinley commented on the following:
1) Responded to questions about the JPA, and noted that the discussions
were moving along well. She noted that they met at City Hall, and
agreed with funding as proposed, but could not vote on the whole
budget until the various parties ratify the funding. She further noted
that regarding monitoring and testing, there was a Firm that was
going to start the work for the City at no up-front expense. Mr.
Watenpaugh explained the proposed assistance, which was being
provided in collaboration with Lake Operations Manager Kilroy and
the technical committee. She noted that the group was
complimented by the State, for being so ready to qualify for the
funding. She reiterated that the actual funding was not anticipated
until the fall.
2) Announced the following events.
May 27 - Classic Car Show - Downtown.
June 3- Kids "Where's Whiskers" fishing derby
June 3- Mini-Grand Prix at the Diamond Stadium
June 4- Open Air Market - Downtown
3) Noted that the League of California Cities has chosen the City for a
Helen Putnam award, and got an Honorable Mention for the Crime
Free Multi-Housing Program. She thanked Lt. Horton for his part in
preparing the application package.
PAGE TWENTY - CITY COUNCIL MINUTES - MAY 9, 2000
4) Announced that there would be a Crime Free Multi-Housing Meeting
later this month or early June.
CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED
LITIGATION - Significant exposure to litigation pursuant to subdivision
(b) of Section 54956.9 (1 case)
THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED
SESSION AT 8:37 PM.
THE CITY COUNCIL MEETING RECONVENED AT 9:25 P.M. WITH NO
REPORTABLE ACTION.
ADJOURNMENT
MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 9:26 P.M.
•~•ica Li~ai a~i a~ iriti i v~
CITY OF. LA ELSINORE
AT EST:
~ ~~-o-~/~
VICKI KASAD, CMC, CITY CLERK
CITY OF LAKE ELSINORE