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HomeMy WebLinkAbout07-11-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY JULY 11, 2000 ~~~:~~~~~~~~~~~~*:~~:~*~~~~:~~~~~~~~:~:~~*~~~~~:~~~~~*~*~~~~~*~:~~~~~:~~:~ CALL TO ORDER Mayor Brinley called the Regular City Council Meeting to order at 7:06 p.m. PLEDGE OF ALLEGIANCE Fire Chief Seabert led the Pledge of Allegiance. INVOCATION Reverend Lee Ennen, representing Life Source Ministries provided the Invocation. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, PAPE, METZE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: NONE Also Present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, City Engineex O'Donnell, Information/Communications Manager Dennis, Planning Manager Villa, City Treasurer Ferro and Deputy City Clerk Bryning. PRESENTATIONS: a. Proclamation - Beverl,~phreX. (F: 122.1) Mayar Brinley presented a proclamation to Beverly Mumphrey and commended her on her hard work and dedication to H.O.P.E. Ms. Mumphrey thanked the Mayor and City Council and stated that she accepted the Proclamation on behalf of all the volunteers of H.O.P.E. b. Proclamation - Serena M. Sostre. (F: 122.1) Mayor Brinley presented a proclamation to Miss Serena M. Sostre and congratulated her for winning 1 S` place in the State and 2°d in the Nationals for History Day. She invited her to share her program on Visions and Views. Miss Sostre thanked the Mayor and City Council for the recognition and gave a special thank you to her teacher Mrs. Ajax. PAGE TWO - CITY COUNCIL MINUTES - JULY 11, 2000 PUBLIC COMMENTS - AGENDIZED ITEMS No requests were received to address Council, on Agendized items. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: City 1Vlanager Watenpaugh asked that Council note a date correction on item No. 6 from June 24, 2000 to July 24, 2000. Item Nos. 4(CL# 2000-11) and 6. MOVED BY SCHIFFNER, 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 - June 27, 2000 (F: 44.4) b. City Council Study Session - June 27, 2000 The following Minutes were received and ordered filed: c. Planning Commission Meeting - June 21, 2000 (F: 60.3) d. Design Review Committee Meeting - June 21, 2000 (F: 60.4) 2. Ratified Warrant List for June 30, 2000. (F: 12.3) Received and filed the Investment Report for May, 2000. (F: 12.5) 4. Rejected Claim Against the City - Muhjah R. Kareem (CL#2000-13) and Referred to the Claims Administrator. (F: 52.2) 5. Approved the Contract for Services of Kobata Associates, Inc. for Parks Master Plan Update and Trails Master Plan Element in the amount of $25,000, not to exceed $40,000. (F: 68.1) PUBLIC HEARING 21. CR & R- Request to put refuse billings on Fiscal Year 2000-2001 Taa~ Roll. (F: 68.1) (X: 63.1) City Manager Watenpaugh explained that annually, per the City's Franchise Agreement, those persons that are delinquent in paying their refuse bills are placed on the Tax Roll. He indicated that as of July 1, 2000, there were 161 delinquent accounts totaling $19,481.79. He stated PAGE THREE - CITY COUNCIL MINUTES - JULY 11, 2000 that staff recommended that Council approve Resolution No. 2000-23 which would assure the permanent collection of delinquent residential accounts through the property tax roll and instruct the City Clerk to file with the Riverside County Auditor a certified copy of Resolution No. 2000-23 with the 120 days past due account report. Mayor Brinley opened the public hearing at 7:20 p.m. and invited the applicant to speak. David Fahrion, President of CR&R, indicated that this was the annual time for CR&R to come before the Council to have the delinquent refuse bills placed on the t~ roll for collection. He stated that in May they notified 370 residents and noted that the notices were effective in receipt of payment. He noted that some of the people were delinquent for the entire year, until they received their notice and stated that he felt that some of them were used to the system. He further stated that with the 161 residents added to the tax rolls this year, it would bring the total to appro~mately 1,300 of the residents billed on their taxes. He stated that some of the residents requested that they have their refuse placed on the tax roll to make it more convenient. He further stated that he would be available for questions. Mayor Brinley asked if anyone wished to speak on the subject. Hearing no requests, the public hearing was closed at 7;23 p.m. Councilman Metze stated that he had no problem with the system. Councilwoman Kelley stated that the City has done this for several years and she had no problem with the program. Councilman Schiffner stated that he felt that trash collection was a Public Health problem and believed that everyone should pay far the service. He stated that he was in favor of taking any action that would facilitate everyone carrying their part of the burden. Mayor Pro Tem Pape stated that this was a housekeeping item. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2000-23 AND REQUESTED THE CITY CLERK TO FILE WITH THE RIVERSIDE COUNTY AUDITOR, A CERTIFIED COPY OF RESOLUTION NO. 2000-23 WITH THE 120 DAYS PAST DUE ACCOUNTS REPORT. PAGE FOUR - CITY COUNCIL MINUTES - JULY 11, 2000 RESOLUTION NO. 2000-23 RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. Mayor Brinley stated that she does have some issues with the services provided by CR&R. She noted that there are some streets that are not being swept and cars are not being removed. She asked where the Community Services Officer was that was supposed to follow the street sweeper and asked why the streets are not being done. She noted that some people have noted that they go up to two months without their streets being swept. City Manager Watenpaugh stated that this issue was discussed at the Agenda Review this afternoon and stated that there were several questions from Council regarding street sweeping. He noted that the same issue was discussed at Staff Meeting Monday morning and the Police Chief and Code Enforcement would be looking into the problem. He indicated that staff would meet with CR&R to see what could be done to resolve the problem. Mayor Brinley stated that she has received several complaints regarding the lack of street sweeping and was told that the residents were told that if there were cars on the streets the street sweeper would not attempt to sweep the street. Mr. Fahrion stated that CR&R's goal was to do a job that the City was satisfied with and indicated he would address the problem and work toward a resolution. He noted that every street was not swept every week and at times people get confused with 1 S` and 3`d, or 2nd and 4th weeks. He further noted that if there are five weeks in the month then it could be three weeks before the street sweeper gets to those streets. He stated that his company does have problems with cars on the streets and each day the sweepers submit a list to public works of how many cars on each street they find. He noted that they are documenting on a daily basis. Mayor Brinley stated that it is important to the community and she does not want them to have the feeling that they are paying for a service that they are not getting. 'I'I~E FOREGOING MOTION WAS APPROVED BY UNANIMOUS ~OTEa BUSINESS ITEMS PAGE FIVE - CITY COUNCIL MINUTES - JULY 11, 2000 31. Ordinance addressin tg owing services. (F: 162.1) (X:112.1) City Manger Watenpaugh noted that staff was unable to coordinate a meeting until today and staff would be addressing issues with the City Attorney, to be brought before Council at the Regular City Council Meeting of July 24, 2000. MOVED BY SCHIFFNER, SECONDED BY PAPE AND CARRIED BY UNAIVIMOUS VOTE TO CONTINUE THE CONSIDERATION OF THE ORDINANCE ADDRESSING TOWING SERVICES TO THE REGULAR CITY COUNCIL MEETING OF NLY 24, 2000. 32. Agreement for Park Maintenance Work. (F: 68.1) (X: 114.1) City Manager Watenpaugh stated that staff recommended that the City extend their Landscape Service Agreement with Excel Landscape. Community Services Director Sapp stated there were four companies that bid on Park Maintenance with Excel Landscape submitting the lowest base bid. He presented an overview of the other companies that bid and stated that staff recommended that Council accept the base bid as well as the additive alternate bid submitted by Excel Landscape, and award a one (1) year renewable contract for park maintenance in the amount of $112,392 for the base bid and $57,324 for the Alternate Bid. He noted the improved and the increased services; stressing that Council has worked very hard to have the money to get the parks back into shape. He stated that the contract being considered would provide the following: Litter and Debris pick up Empty Trash Containers Mow and Edge Rake Sand Areas Irrigation Repair Tree and Shrub Trimming Bed/Ground cover Maintenance Infield Maintenance Overseed Program Fertilizer Program Aerification Program Herbicide Program Watering 7 days a week 7 days a week Weekly Weekly Weekly Monthly Monthly As needed during season Annually 6 times a year 2 times a year Monthly 100% ET rate Community Services Director Sapp stated that it was the City's goal to get the parks back into good shape and stated that he would be available for questions. PAGE SIX - CITY COUNCIL MINUTES - JULY 11, 2000 Councilwoman Kelley stated that she was glad to see the parks improving and encouraged the improvements. Councilman Schiffner asked Community Services Directar Sapp to explain the Base bid and Alternate bid. Community Services Director Sapp explained that the base bid was for the basic services for the parks such as mowing, edging, blowing, debris pickup etc.; the alternate bid was for additional trash services, etc. Councilman Metze concurred with Council. Mayor Pro Tem Pape requested clarification that restroom cleaning was not part of this contract. Community Services Director Sapp confirmed and stated that the Restroom Cleaning was a separate contract that would be heard next on the Agenda. Mayor Pro Tem Pape stated that Excel had done a good job in the past and he would expect them to continue that service. Mayor Brinley expressed her pleasure at seeing the parks returning to their former condition. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE BID FOR PARK MAINTENANCE WORK SUBMITTED BY EXCEL LANDSCAPE AND AWARD A ONE (1) YEAR RENEWABLE CONTRACT IN THE AMOUNT OF $112,392 FOR THE BASE BID AND $57,324 FOR THE ALTERNATE BID. 33. A~;reement far Park Restroom Cleaning. (F: 68.1) (X: 114.1) City Manager Watenpaugh indicated that this was an agreement for cleaning restrooms at the parks and noted that it was removed from this year's maintenance program. He noted that last year Excel cleaned the restrooms, however it was staffs opinion that a janitorial service could clean the restrooms on a more regular basis. Community Services Director Sapp commented that besides the restrooms being cleaned on a more regular basis, it would also provide the ability of having the restrooms locked every night. He noted the amount of money that has been spent by the City due to vandalism. He stated that the City would sa~e well over $10,000 by using a janitorial firm versus having Excel do the job. He explained that the restrooms would be open at 7:00 a.m. and closed at 10:00 p.m.; and he noted that the Parks Ordinance closes the parks at 10:00 p.m. Councilman Schiffner asked if the agreement was for seven days a week. Community Services Director Sapp confirmed. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 11, 2000 Mayor Pro Tem Pape questioned how all the parks were going to close at exactly 10:00 p.m. Community Services Director Sapp stated that there would be several crews going around to the parks and noted that it would be at 10:00 p.m. or shortly thereafter. Mayor Brinley inquired that should a league go into overtime, if they would not be locked out. City Manager Watenpaugh stated that the janitorial service would start with Yarborough Park and Machado Park, which do not have league sports and work around the system from there. Councilwoman Kelley noted that the contract calls for the cleaning of walls and ceilings and asked if this would include graffiti removal. Community Services Director Sapp indicated that this was for basic washing and if there was graffiti the City crew would have to go in and remove the graffiti. Councilman Schiffner asked if in the previous contract, Excel employed a janitorial service, or if they used their landscape crews. Community Services Director Sapp stated that they had a crew on the site that would do the mowing, edging, trash pickup and then spend some amount of time cleaning the restrooms. Mayor Brinley asked how many times during the day the bathrooms would be checked for supplies. Community Services Director Sapp stated that they would provide supplies at the time they clean the restrooms; however the City has crews that will be checking for supplies at other times as well. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE BID SUBMITTED BY A&A JANITORIAL SERVICES IN THE AMOUNT OF $31,400;AND AWARD A ONE (1) YEAR RENEWABLE CONTRACT FOR PARK RESTROOM CLEANING SERVICES. 34. Design Review for an Industrial Project, No. I 00-02, located on Chaney Street (APN 377-160-002~(F: 86.2) Community Development Director Brady stated that the project wass for a Design Review for a 17,500 square foot Industrial Building. He noted that this building would be located at Flint and Chaney Street, generally across from EVMWD's building, and adjacent to the Outflow Channel. He noted that the item appeared before the Planning Commission on June 21, 2000. Community Development Director Brady then presented e~ibits, which clarified the design of the building and landscaping. He indicated that the applicant was present and available for questions. He stated that the Planning Commission recommended approval of the PAGE EIGHT - CTTY COUNCIL MINUTES - JULY 11, 2000 Design Review for Industrial Project No. I 00-02 for a 17,500 square foot building with outdoor storage and associated improvements located on Chaney Street based on Findings and subject to the Conditions of Approval. Mayor Brinley called upon the applicant Carl Johnson and asked him if he had any comments. She asked him if he had any problem with placing a 2-year limitation on the temporary fence found in Condition No. 9. Mr. Johnson stated that he had no problem with the 2-year limitation and was anxious to get the project on line. Mayor Brinley thanked Mr. Johnson for his cooperation. Councilman Metze stated that he felt that the project was a good one. City Manager Watenpaugh clarified the last page of the item was a revision of the staff report and should be disregarded. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. I- 00-02 FOR A 17,500 SQUARE FOOT BUILDING WITH OUTDOOR STORAGE AND ASSOCIATED IMPROVEMENTS LOCATED ON CHANEY STREET BASED ON FINDINGS AND CONDITIONS OF APPROVAL AND AMENDING CONDITION NO. 9 BY ADDING THE SENTENCE "TIME PERIOD FOR CONSTRUCTION OF THE WALL SHALL NOT EXTEND BEYOND A PERIOD OF TWO YEARS": PLANNING DIVISION 1. Design Review approval for Industrial Project No. I 00-02 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 extension must be submitted to the City of Lake Elsinore one (1) month priar to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. PAGE NINE - CITY COUNCIL MINUTES - JULY 11, 2000 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 5. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighbaring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 6. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `B' loading zones. 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 8. Outdoor storage areas shall be permitted only in area indicated on the site plan. No materials shall be stored higher than six (6) feet without approval of the Community Development Director or designee. The size of the proposed modular units may require the applicant to build a taller wall. The placement of the modular units are subject to the approval of the Community Development Director or designee. 9. A six foot (6') block wall shall be constructed to conceal the storage yard with the exception of the southwest boundary line that states "temporary chain link fence. " This chain link portion of the fencing may remain until the neighboring project is built or a maximum of two years with no extensions, whichever comes first. Opaque gates shall be constructed at the entrance to the storage area. Six (6') foot wrought iron fencing may be used along the front setback boundary lines. (Revised at Planning Commission Meeting~Time period for construction of the wall shall not exceed a period of two years. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 11. No exterior roof ladders shall be permitted. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All e~eriar downspouts shall be painted to match with building exterior color. PAGE TEN - CITY COUNCIL MINUTES - JULY 11, 2000 14. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 15. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 16. On-site surface drainage shall not cross sidewalks. 17. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 18. The Community Development Directar or designee shall approve all signs for the project. 19. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 20. Priar 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. 21. 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 Clieck & 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 ma~mum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 11, 2000 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. 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, sl~rubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor far two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. ,_ i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 22. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official priar to issuance of building permits and .. final approval. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District ha~e been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. PAGE TWELVE - CITY COUNCIL MINUTES - JULY 11, 2000 25. Prior to issuance of building permits, applicant shall pay park-in- lieu fee in effect at time of building permit issuance. 25a. The material covering the roof equipment shall match the wall color. (Added at Planning Commission Meetinp~ ENGINEERING DIVISION 26. 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. 27. Dedicate a 20 ft. wide strip of additional street right-of-way along the frontage of Chaney St. to the City prior to issuance of building permit. 28. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 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 applying for a building permit. 31: Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 32. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 33. The applicant shall furnish a signing and striping plan for Chaney St. subject to the approval of the City Engineer. 34. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 35. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 11, 2000 be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 36. The applicant shall obtain all necessary off-site easements for off- site grading from the adjacent property owners prior to grading permit issuance. 37. If grading exceeds 50 cubic yards or the e~sting 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. 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 his agent. 39. Provide fire protection facilities as required in writing by Riverside County Fire. 40. 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 41. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 42. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43. 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. If the applicant is draining the site into an underground pipe outletting in the Outlet Channel, then the applicant shall require the approval of Riverside County Flood Control District prior to grading permit. 44.: Roofs should drain to a landscaped area whenever feasible. 45. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. The site is located in a FEMA flood plain and the finished floor elevation must be above an elevation of 1265.5 ft. 46. Applicant will be required to install some type of inechanism in the storm drain catch basins to filter or restrict storm water pollutants from entering the Outlet Channel. PAGE FOURTEEN - CITY COUNCdL MINUTES -.IUI.Y 11, 2000 47. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 48. The applicant to provide FEMA elevation certificates prior to certificate of occupancy. 49. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for vehicle maintenance, out-door storage and debris removaL 50. Contribute $2305 for the design and construction of one-half of a raised landscaped median along the frontage of Chaney Street. 51. Developer shall contribute $3,000 toward the design and construction of a traffic signal at Chaney St. and Collier Avenue. This development will increase traffic at the intersection at least 2 % and should contribute 2% toward construction. 52. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or 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. 35. Applications for Plannin~ Commission. (F: 60.2) Mayor Brinley stated that the interview process for the positions of Planning Commission gave the Committee the opportunity to meet with various members of the community. She noted that the members of the Committee were Councilman Schiffner, Planning Commission Chairman Wilsey and herself. She gave an overview of the interview process and commended the candidates far their professional demeanor. She invited Councilman Schiffner and Chairman Wilsey to address the audience. PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 11, 2000 Councilman Schiffner indicated his appreciation of the twelve people that the Committee interviewed and noted that they had stepped forward to offer to provide community service. He noted that it was very difficult to weigh each person against the other and against incumbents. He commented on the hard choice that each of the committee members had to make. He stated that the recommendation the Committee made was a unanimous decision and although the Mayor must make the selection the entire committee was in agreement. He thanked all the citizens who offered to serve the community. Chairxnan Wilsey stated that he was glad that it was the Mayors' ultimate choice and not his. He commented on the high qualifications that each person interviewed had and stated that any and all of the persons interviewed could have been great candidates. He stated that he thought it was appropriate to at this time to thank each and every person who submitted an application and the candidates that were interviewed. Mayor Brinley noted that Councilman Metze, Councilman Schiffner and herself have all served on the Planning Commission. She stated that she had the good fortune to be the Chairman of the Planning Commission and felt that the Planning Commission handles the nuts and bolts of the City. She noted that they have the first hands on; mold the projects and cover all the Conditions of Approval. She further stated that it is through Planning Commission's guidance that Council can have a solid comfort level with each project. She commented on the complete job of review the Planning Commission does. She thanked Chairman Wilsey for his hard work and leadership. Mayor Brinley noted that through the interview process the committee formed an idea to develop a Nuisance Abatement Committee which would consist of three people to consider issues regarding Nuisance Abatement through a hearing process and would include the guidance of City staf£ She explained that there were several people that stood out during the interviews and felt that the creation of a Nuisance Abatement Committee would provide a vehicle for those people to be involved with the City. She indicated that it would be a single minded purpose committee and would only consider Nuisance Abatement issues. She stated that she would like to have this item placed on the first Agenda in August. MAYOR BRINLEY SUGGESTED THE APPOINTMENT OF JOHN BARNES, ERICKA MATTHIES AND 1vICK NASH TO THE PLANNING COMMISSION FOR THE CITY OF LAKE ELSINORE. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNAlvIMOUS VOTE TO CONCUR WITH MAYOR BRINLEY'S APPOINTMENT OF JOHN BARNES, ERICKA MATTHIES, AND 1vICK NASH TO THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, FOR FULL TERMS CONTINUING TO JUNE, 2004. PAGE SIXTEEN - CI~'Y COUNCIL MINUTES - JULY 119 2000 Mayor Brinley introduced Ericka Matthies and Nick Nash. Commissioner Matthies thanked the Mayor and Council for the opportunity to serve the community and stated that it was an honor to be on the Planning Commission. Commissioner Nash concurred with Commissioner Matthies and stated that he was honored to be chosen and would do his best to uphold the duties of the position. He noted what a pleasure it was to serve the community, and thanked the Mayor and Council for his appointment TTEMS PULLED FROM THE CONSENT CALENDAR 4. Claims Ag:ainst City - Harold Sampson (CL#2000-1~. (F: 52.2) City Attorney Leibold stated that she had pulled item Number 4, identified as Claim Number 2000-11; and explained that the City was served a notice with an action to which it was currently not a party. She stated that she had some questions and needed to seek clarification. She stated that it was her recommendation that the Council not take any action and defer the item to the City Attorney to allow coordination with the City Clerk's Office and the Claims Administrator to then be reagendized at the next Regular City Council Meeting if action is necessary. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO TAKE NO ACTION AND REFER CLAIM NUMBER 2000-11, TO THE CITY ATTORNEY'S OFFICE. 6. Set for public hearing date of July 24, 2000 for the following: Lake Elsinore Outlet Center Specific Plan Amendment No 3 Zone Change No. 00-02, Minor Desi~n Review No 00-02 and Ne a~ tive Declaration No. 00-02: Castle and Cook California (F: 150.2) A request of approval for Lake Elsinore Outlet Center Specific Plan Amendment No. 3(SPA No. 3) which supersedes the original Lake Elsinore Outlet Center Specific Plan, which was approved by the City in 1990. Spa No. 3 proposes to expand the overall Specific Plan area by 3.5 acres to provide additional parking and amend the signage Guidelines and Standards contained in the Specific Plan Document. Zone Change No. 00-02 will re-zone the proposed 3.5 acre expansion area as "Lake Elsinore Outlet Center Specific Plan" and annex the expansion area into the Specific Plan area. Minor Design Review No. 00-02 is being requested to review design of a proposed Freeway Electric Message Sign along the I-15 Freeway. Councilman Metze stated that he realized that this item was to set a public hearing date, however it addressed a Specific Plan Amendment and he felt that he could not consider a Specific Plan Amendment that had not at least PAGF.SEVENTEEN - CITY COUNCIL MINUTES - JULY 11, 2000 Been considered at a workshop. He stated that a Specific Plan Amendment was very important and should have serious consideration. He stated that there should be Study Sessions for any Specific Plan Amendment. He stated that he wanted to review the requests from the applicant and the notice did not tell Council what they needed to know to make a decision. He stated that there were a lot of issues that arise regarding the Outlet Center and he was very frustrated with dog and pony shows regarding this proj ect. He stated that the last time an item came to Council for consideration, it was supposed to make a major difference for the Outlet Center and that has not occurred. He indicated that he could not make any firm decision until he had the opportunity to have a Study Session to provide more information. Mayor Brinley asked the City Attorney for an opinion regarding pulling the item to set a Study Session. City Attorney Leibold stated that the Council could direct staff to set a Study Session to consider the item and there would be no action regarding setting a public hearing and it would come back on a future agenda. MOVED BY SCffiFFNER, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO DEFER SETTING A PUBLIC HEARING DATE UNTIL THE ITEM IS HEARD AT A STUDY SESSION TO BE SET BY THE CITY MANAGER. THE CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:05 P.M. PUBLIC COMMENTS - NON AGENDIZED ITEMS Russell Howard, Past President of Abate Loca127, presented the Mayor with a Tee Shirt and video from their 6th Annual Regional Rally. He invited the entire City Council to the ne~t rally. Debarah Crawford, President of Elsinore Valley Arts Network, thanked Council for displaying the poem by Gabe Rivera. She stated that the Summer Concert series starts on August 12, 2000 at 7:00 p.m. at McVicker Park. She noted that they are selling advertisement for their program and invited the local business to place a business card on the program at a cost of $50, and will cover all five concerts. , She stated that she could be contacted at (909) 678-5924. She stated that the deadline is July 21, 2000. Sylvia Boyd, 15154 Anthony Street, stated that she has a pit bull problem and noted that she has called the Police Department and Animal Control. She stated that the dog lunged at her and she is pregnant with twins and was in fear for herself, her unborn twins and her other two children. She stated that in her opinion the dog was dangerous and she would take matters into her own hands if PAGE EIGHTEEN - CITY COUNCIL MINUTES - JULY 11, 2000 the dog threatens her or her children again. She stated that she pays over $3,000 a year in taxes and is very upset that the system has failed. She asked for help and asked for someone to respond. Mayor Brinley asked that the matter be referred to Community Services Director Sapp. City Manager Watenpaugh stated that there was to be a Study Session on Thursday, July 13, 2000, and this matter could be investigated and Council informed at the Study Session. He instructed Community Services Director Sapp to step to the back of the room and get the information from Mrs. Boyd. Chris Van Over, 300 N. Ellis, presented a proposal for a Citizens Advisory Committee to address an alternative to the petition for Districts that is being circulated. ~Ie stated that the District effort could be resolved by the Mayor appointing a Citizens Advisory Committee for areas that he had designated on a map and stated that they could meet and bring the concerns of the area to the Council for attention. He stated that this action wouldprovide a fair and even distribution of representation without involving politics. He noted that the cost to the City would be negligible, while allowing a good cross-section of the citizens to be adequately represented and allow more citizens from the community to be involved in a positive manner. He stated that this could be a real asset to the City. Chrzs Hyland, 15191 Wavecrest Drive, stated that she does have the documents that iVIr.lVletze mentioned and invited him to her home to see them. She noted that she has received three letters this week in answer to document research. She noted that she was still getting signatures for the petition to elect the Mayor and to form the City into Districts. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. IZeminded Council of the Lalce Elsinore, San Jacinto Watershed Autharity's meeting tomorrow at 1:00 p.m, He noted that this would be a press conference with limocosm testing being demonstrated. 2. Reminded Council of the Animal Control Study Session at 3:00 p.m. on July 13, 2000. CITY ATTORNEY COMMENTS City Attorney Leibold stated that three items were listed on the Agenda and stated thaY the Williams case would not be discussed and announced the other two items as identified on the Agenda. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: PAGE NINTEEN - CITY COUNCIL MINUTES - JULY 11, 2000 Addressed Mrs. Boyd's comments and stated that the City Council was the appropriate place to voice her complaints. He noted that this was a problem that appeared to have dropped through the cracks and he felt that staff would best address the issue. He made note of the amount of t~es that Mrs. Boyd pays on her property and stated that he does not doubt the amount, however he would remind the public that the City only receives less than $100 of the $3,000 that is paid in taxes and those people that are supported by the $100 are the people that she was asking to assist her. He noted that those people would help. He stressed that the City only gets a very small amount of the tax dollar, however they provide the majority of the services. Councilman Pape commented on the following: Stated that since there was a Study Session scheduled on,Thursday, July 13, 2000, he would like an update on Mrs. Boyd's case. Councilman Metze commented on the following: Stated that he did not threaten Mrs. Hyland, however he did request production of the documents. He stated that if she had documents that were detrimental to this City Council, he would have expected them to be passed out all over town already. He asked why he would go to her garage, when he could just go to City Hall and receive any public document that she has received. 2. Commented on Mr. Van Over's proposal and stated that he would read the proposal and noted the possibilities. He explained that there was one problem with the proposal being that is that there were days and not weeks for consideration. He stated that he would call Mr. Van Over with his opinion. Councilwoman Kelley commented on the following: Congratulated the new Planning Commissioners and stated that she was glad that she did not have to make the decision. 2. Congratulated Serena Sostre for her accomplishments for History Day. Asked the audience to mark their calendars for August 12, 2000, at McVicker Park at 7:00 p.m. She suggested a picnic dinner, a blanket and low backed chair to enjoy the music of "Night Shift". She noted that EVAN would present a musical event every Saturday thereafter ending with the Riverside Philharmonic on September 16, 2000. She noted that this was the only appearance the Riverside Philharmonic would make in the area and invited everyone to attend. PAGE TWENTY - CITY COUNCIL MINUTES - JULY 11; 2000 Mayor Brinley commented on the following: Congratulated Commissioner Nash, Commissioner Barnes and Commissioner Matthies, and noted the problems that she had reaching a decision because of all the good people that were willing to serve. She noted the Nuisance Abatement Committee that will be formed and stated that this would give her the ability to involve more interested people. 2. Noted that the 4th of July festivities at the Diamond were a success and noted that there were over 2,500 people in attendance and fun was had by all. 3. Commented on the success of the Open Air Market and noted that she was invited to judge the Chili Contest and noted that Sheri Kunstel won all the awards. Stated that she had a lot of fun and encouraged everyone to attend the Open Air Market. 4. She commended the Classic Car Show, and stated that it is held the last Saturday of each month. Stated that she too would like an update on the situation with Mrs. Boyd. CLOSED SESSION B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of section 54956.9) California Bank and Trust v. City of Lake Elsinore et al (Riverside Co. Superior Court Case #344190) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code Section 54956.8) Property: (Parcel Nos. 371-050-006 and 371-080-003) Negotiating parties: Elsinore Valley Municipal Water District and the City of Lake Elsinore Under Negotiation: price and terms of payment THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:32 P.M. ~'IiE CITY COUNCIL MEETING WAS RECONVENED AT 9:00 P.M. VVIT~I NO 12EPORTABLE ACTION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY iJNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEE~'ING AT 9:00 P.M. PAGE TWENTY ONE - CITY COUNCIL MINUTES - JULY 11, 2000 ~ PAMELA B~LEY, MA CITY OF LA ELSINO: Respectfully submitted, ~~~ . ~ Adria L. Bryning, Deputy ity Cle A~TTEST: ~~~`~`O~'\ ~ VICHI KASAD, CMC, CITY CLERK