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HomeMy WebLinkAbout04-13-1999 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13,1999 irkatatatic*kkkk*~Yxkkkxkk9eka4~YaFaF~Fa4iraFa'eknkx*xk~ck~kkkxk*xk~YkkeYxkne'xkkne~Ya':kkdeaFira4 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Metze. INVOCATION The Invocation was provided by Pastor Jack Warford, representing First Southern Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, Building & Safety Manager Russell and City Clerk Kasad. PRESENTATIONS a. Proclamation - Kick the Habit Week. (F:122.1) Mayor Kelley read and presented the Proclamation to Ivory McCloud, representing Temescal Canyon High School; congratulating her on their efforts and noting the activities planned on campus for this event. Ivory McCloud detailed the Kick the Habit Week activities including guest speakers and poster contests. b. Proclamation - Architecture Week. (F:122.1) Representative was not present to receive Proclamation. ~A~~ 1'WO - CI'~'~ ~O~N~I~ ~i~1'~~ - A~~~ i3,1999 e, r~~~~~~t~a~ • n~~~ dii ~d~l~ ~~'1@ ~`I'A~~ Vi~~d ~~YQ~I i`~i~~idii~, ~~;1~~,~~ ~~:~ao.~a>~~:~~o.s> Couneilwoma~ ~rinl~y not~d the d~v~lop~n~nt ~f ~~~ "~~ o~ ~~~~ t~~ ~~'A" vid~o ~nd th~ p~ici~~tion of ~tu~~nt~ ~otn ~l~inor~ ~igk~ ~e~~~l ~nnd ~~m~~e~i C~nyo~ ~igh ~eh~~l. ~he ~x~r~~~~d h~ ~joy~~t ~o~ ~~~i~tin~ i~ f~~ pr~~~et~~~ ~f t~~ vi~~~ ~nd ~~di~ ~~~ ~~~~~d t~~ ~i~~. ~h~ int~~~~e~~ ~~~~~ ~~ ~,~~~ ~~~ ~~~ ~~~ ~~ii~~ ~~~ l~~i~l~ti~~ ~~~~ t~ i~~~l~i~~~ ~,~, ~1~~ ~~r~~~~~ ~1~~ ~~~~ w~r~ ~~t~~ ~~~~t~ ~~ ~~~~ N~~~ ~r~~ ~~~~ ~~li~~rni~ ~~~ 1~i~ ~~~~~~~1 ~~~1~ ~~ t~~ ~~~~ ~~ ~`~A. ~l~e r~~d ~~~ ~r~~~r~t~~ ~r~el~~ti~~~ t~ r~pr~~~~t~ti~~~ ~~ ~~~~~e~l C~nyo~ ~igh ~ehool ~nd ~l~i~~r~ ~i~ ~eh~~l, ~~~ ~r~~~~~ ~~ti~~c~#~~ of ~ppr~ei~tion to the ~tu~~~-t e~~t ~~d er~r~ ~f t~~ ~i~~~, `~~~ ~ ~~ ~ranson ~or th~ u~~ of th~ir h~m~, ~~~~ ~~p~ ~d ~y i~~~~~1~ ~~ t~~i~ p~ieip~ti~r~ i~ t~~ vi~~~, ~nd ~t~ve ~~rry ~~~~di~ ~~ ~~ ~i~ ~~~i~f,~~e~ ~n~ ~~~~nu~i~y ~~pp~r~. Andrea DeLeon , representing RTA, thanked the participants, cast, crew, Media One and Councilwoman Brinley for their efforts on behalf of RTA. She noted that the video has become and important selling tool for their agency, and explained the use of the video in Washington, D.C. to stress the importance of their programs and seek funding for more buses and facilities. She also noted the packet of letters compiled by Councilwoman Brinley in support of public transit. Mayor Kelley commended Councilwoman Brinley on her efforts in support of the RTA. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 35 and 36. CONSENT CALENDAR ITEMS Mayor Pro Tem Metze indicated that he would be abstaining from vote on item no. l.b. MOVED BY PAPE,,SECONDED BY METZE, AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - March 23, 1999. (F:44.4) b. City Council/EVMWD Study Session - March 24, 1999. PAGE THREE - CITY COUNCIL MINUTES - APRIL 13,1999 The following Minutes were received and ordered filed: ~ c. Planning Commission Meeting - March 3, 1999. (F:60.3) ', d. Design Review Committee Meeting - March 3, 1999. (F:60.4) 2. Ratified Warrant List of March 31, 1999. (F:12.3) Received and ordered filed the Investment Report for February, 1999. (F:12.5) 4. Rejected and referred to Claims Administrator for handling the Claims Against the City submitted by John R. Rhines (CL #99-4) and Kelly Calligan (CL #99-5). (F:52.2) Awarded Three-Year Contract for Weed Abatement Program to the lowest bidder, Smith Tractor Service. (F:68.1)(X:166.1) PUBLIC HEARINGS 21. Commercial Project No. 98-5 - Zone Chanee No. 98-6 for °Wienerschnitzel & Jiffy Lube" located on 301 and 311 Summerhill Drive - APN 363-100- 081. (F:58.2) Community Development Director Brady detailed the proposed project and its location; and advised that the concerns with access have been resolved. He detailed the shared ingress/egress arrangement and advised that they will have a covered drive-thru area. He recommended deletion of Conditions 27, 28 and 29. He advised that the applicant was present and noted that the sign program was under revision to accommodate additional signs. He indicated the east elevation will have additional design treatments in tile diamond designs and increased landscaping. Mayor Kelley opened the public hearing at 7:35 p.m., asking those persons interested in the project to speak. The following people spoke: Max Aragon, 8 Corte Cervati, indicated that he supports development and loves Der Wienerschnitzel; but expressed concern with the traffic at the intersection of Summerhill Drive and Railroad Canyon Road. He suggested that increased development will only make the problem worse, and questioned whether steps have been taken to address the existing problem. Ernest Ramirez, 5265 State Street, Montclair, designers and builders of the facility, indicated that they have addressed the traffic issue and increased the stacking area for the left turns into the new development. He further indicated that the traffic engineers are working to further resolve the congestion in the area. Hearing no additional requests to speak, the public hearing was closed at 738 p.m. PAGE FOUR - CITY COUNCIL MIIVUTES - APRIL 13,1999 Councilwoman Brinley noted tt~at she brought a letter from Donna ~'ran~om to the City Manager's attention regarding the traffic problem. ~i1t~ Watenpaugh indicated that staffwould be sittin~ down w~th tbe polic~, traffic engineer and Mrs. Franson to addrexs the concein,s. He also ~tat~ that staff has already submitted a request to RC'I"C for funds to sltud~ ~lne options and address the traffic concems for the whole area. He eacplain~ the work required to gain approval of funding from RCT'~. Councilwoman Brinley noted the letter of joint agreemernt for parkin~ an~ indicated she would like it added to tlie conditions of approwal, to a~eu~ that it doesn't fall through the cracks. C",ommunity Developmebtt Dir~ltox Brady indicated that Condition 44 addre~se~ tl~at concern by requirin~ ~ the document be recorded. Councilwoman Brinley nalted a pa~lt di~io~ of freeway signs and suggested research on ithe eaci~llin~ si~n ait Bur~er ~n~~ City Manager Watenpaugh indicated 1thalt ]Mrs. Brinle~ ~as ~f~n~in~ a condition regarding only one free-standing sign for the area. Community Development Director Brady indicated that they have reviewed the conditions of approval and there was nothing included in the In and Out Burger or Kentucky Fried Chicken projects. Councilwoman Brinley stressed that she doesn't want the area to become a garden of signs. She welcomed the applicant to the community. Councilman Schiffner responded to Councilwoman Brinley that the question of the freeway sign was addressed by the Planning Commission and they did not approve it. He explained that the signage was left to the staff for review and recommendations. Councilman Pape noted that most of the issues had been addressed; and that it appears to be a great project. He indicated that many people are an~ous to see it completed. Mayor Pro Tem Metze noted the blank elevations discussed at the Planning Commission, and questioned if the additional treatments could be added to the conditions. Community Development Director Brady indicated that he spoke with the applicant this evening and they are agreeable to adding the tile diamond shapes to the blank walls. Mayor Pro Tem Metze suggested that a condition be included that the wall would be addressed to the satisfaction of Community Development Director or his designee. He commented that the end product had come a long way from the original submittal and thanked the applicant and staff for their cooperative efforts. He complimented the Planning Commission on their work and the direction to have the freeway sign come back to them for review. He suggested that it might be appropriate to make arrangements for the sign to accommodate other future businesses in a shared cost arrangement. He reiterated that the Planning Commission did an outstanding job on this project. He indicated that he would like to see further study of the traffic and alternatives. Mayor Kelley addressed Condition No. 45 and inquired whether the money goes towards mitigating some of the traffic concerns. City Manager PAGE FIVE - CITY COUNCIL MINUTES - APRIL 13, 1999 Watenpaugh indicated that those dollars could be used for the traffic report. Mayor Kelley further concurred with anxiety of the other Councilmembers over freeway signage. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. 98-5, AND ADOPT ORDINANCE NO. 1045 UPON FIRST READING BY TITLE ONLY APPROVING ZONE CHANGE 98-6 BASED ON THE FINDINGS, EXHIBIT A AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL WITH THE DELETION OF CONDITIONS 27, 28 AND 29 AND THE ADDITION OF A CONDITION FOR TREATMENT OF BLANK WALL ELEVATIONS AND REQUIREMENTS FOR IMPROVED TRAFFIC CIRCULATION AND SIGNAGE IN THE AREA. ORDINANCE NO. 1045 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING 1.13 ACRES (1.04 NET ACRES), LOCATED NORTH OF RAILROAD CANYON ROAD ON SUMMERHILL DRIVE, APN 363-100-081, FROM R-1 (SINGLE FAMILY RESIDENTIAL) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 98-6 WIENERSCHNITZEL & JIFFY LUBE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Findings - Design Review Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as conditioned, complies with the Goals, Objectives and Policies of the General Plan and the Zoning District in which it is located. 3. This project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. PAGE SIX - CITY COiJNCIL MINUTES - APRIL 13,1999 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82 and the Zoning District in which the site is located. Findin~s - Zone Chan~e 1. The Zone Change, is consistent with the Goals, Objectives and Policies of the General Plan. 2. This request will bring the zoning for the project area into conformance with the General Plan. 3. The proposed Zone Change is not anticipated to result in any significant adverse environmental impacts. Conditions of Approval Plannin~: Division Conditions 1. Design Review approval far Commercial Project No. 98-5 will lapse and be void unless building permits are'issued within one (1) year of City Council approval. An eatension of time, up to one (1) year per e~ension, may be granted by the Community Development Director priar to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 3. All site improvements 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 discretion of the Community Development Director. All plans submitted for Building Division Plan Checlc shall confarm with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the elevations and Materials Board shall be used unless modified by these conditions, the Community Development Director or his designee. 5. Prior to issuance of any building permits, the applicant shall sign and complete an"Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. PAGE SEVEN - CITY COUNCIL MINUTES - APRIL 13,1999 6. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 7. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 8. Applicant is to meet all Riverside County Health Department requirements. 9. Applicant is to meet all Riverside County Fire Department requirements. 10. No outdoor storage shall be allowed. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 12. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. Brick pavers or texture pavement treatments shall be located at the driveway approach and crosswalks. 15. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets and Interstate 15. A screening plan, if determined necessary, shall be approved by the Community Development Director or designee prior to issuance of building permit. 16. All exteriar down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 17. The final landscaping/irrigation plan are to be 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 Fee and Inspection Fee will be charged for this service. 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. PAGE EIGHT - CITY COiTNCIL MINUTES - APRIL 13,1999 b) The applicant shall plant street trees selected from the City's Street Tree List, a ma~mum of thirty feet (30') apart and at least twenty-four inch (24") box. On areas were screening, is necessary trees shall be at least thirty six-inch (36") box size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. 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) A bond for 100% of material and labor for two (2) years from the date of Certificate of Occupancy shall be provided by the applicant. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requesfed for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plans must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 1) Final landscape plans shall incorporate water conservation and meet the AB 325 Standards. 18. 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. PAGE NINE - CITY COUNCIL MINUTES - APRIL 13,1999 19. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 20. 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. 21. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 22. Planning Division shall approve all trailers utilized during construction. Appropriate bonds shall be posted to insure removal of all trailers at development completion. 23. On-site surface drainage shall not cross sidewalks. 24. All vending machines, tables, kid's rides, newspaper racks, telephones and similar devices, if proposed, shall be concealed from view with a structure consistent with the building design. These items shall be approved by the Community Development Director or designee prior to their installation. 25. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or Designee. 26. Bicycle racks shall be provided adjacent to the restaurant. Placement, design an subject to the approval of the Community Development Manager or designee, prior to the issuance of building permits. 27. Applicant shall provide a sight and size analysis for review by the Community Development Director or Designee, prior to approval of a Freeway Sign. Approval for a Freeway Sign shall be required prior to building permit. 28. Additional design enhancements consistent with the south elevation shall be provided on the east and north elevations. Signs for the uses may also be placed on these elevations which will provide additional design relief. En in~ eering Division Conditions 29. 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. PAGE TEN - CITY COiTNCIL 1VIINUTES - APRIL 13,1999 30. Dedicate underground water rights to the City (LEMC 16.52.030). The document can be obtained from the Engineering Division. 31. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Res. 85-26). 32. 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. 33. 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). 34. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 35. The applicant shall furnish a signing and striping plan prepared by a registered engineer for Suminerhill Drive providing appropriate tapers subject to the approval of the City Engineer, prior to building permit. 36. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Department 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. 37. 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 sha11 obtain a grading permit and post appropriate security. 38. 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. 39. All natural drainage tra~ersing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 40. Roofs must drain to a landscaped area. 41. Developer shall prepare plans for the construction of riverbank protection along the bank of the San Jacinto River based on a hydraulic report to be approved by the City Engineer prior to issuance of building permits. Riverbank improvements shall be installed prior to certificate PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 13,1999 of occupancy. 42. The applicant shall record a document that provides for irrevocable reciprocal circulation far ingress and egress and landscaping maintenance in faeor of this lot and the adjacent KFC lot. It shall also enforce participation in landscape maintenance. The document shall be approved by the Community Development Director and shall be recorded prior to building permit. 43. Developer shall contribute $2,000 towards the cost of a Project Design Report for improvements at I-15 and Railroad Canyon Road interchange. 44. The applicant shall meet all requirements and obtain any permits from Caltrans or Calif. Fish and Game that are necessary for this proj ect. 22. Public Hearin~ for Consideration of Objections to the City's Weed Abatement Pro „pram. (F:166.1) City Manager Watenpaugh explained the annual weed abatement process. Mayor Kelley opened the public hearing at 7:50 p.m., asking those persons interested in this item to speak. The following person spoke: Darwin Rogers, indicated that he owns 40 acres near Rome Hill, and advised that the land consists of floodplain, shoreline and upland property. He detailed the property configuration and suggested that he did not feel the Department of Fish and Wildlife would appreciate removal of the weeds, due to the birds in that area. He noted past assessments for which he has pending claims and requested assurance that his property would not be addressed until something is resolved. Hearing no additional requests to speak, the public hearing was closed at 7:52 p.m. Mayor Pro Tem Metze requested that Building and Safety Manager Russell discuss the concerns with Mr. Rogers. Councilman Schiffner expressed interest in the final answer with regard to Fish and Wildlife. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO ADDRESS THE OBJECTION PRESENTED AND PROCEED WITH THE ANNUAL PROCESS. PAGE TWELVE - CITY COUNCIL MINUTES - APRIL 13,1999 BUSINESS ITEMS 31. Ordinance No. 1043 re ag rding the North Peak Specific Plan Amendment No. 2. (F:150.2) MOVED BY METZE, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 1043 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1043 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING NORTH PEAK SPECIFIC PLAN AMENDMENT NO. 2. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Industrial Project No. 99-2. Carr Patterns. Co. located within APN 377- 160-140. (F:86.2) Community Development Director Brady detailed the proposed 89,000 plus square foot tilt-up building and detailed the project location. He noted that it will be the largest building in the City when it is complete. He indicated that the project meets all City requirements, except for a minor deviation in the floor area, but it is still in the spirit and intent of the requirements. Councilman Pape indicated that this was an easy approval, noting that the business is moving to the City from Southgate and will provide 75 to 80 jobs. He suggested that there was no down-side. Mayor Pro Tem Metze concurred. Councilman Schiffner concurred. Councilwoman Brinley concurred. Mayor Kelley recognized the architect for comment. The Architect expressed the enthusiasm of the applicant in proceeding with this project. Mayor Kelley welcomed the applicant to the community. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 13,1999 MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE INDUSTRIAL PROJECT 99-2 BASED ON THE FINDINGS, EXHIBITS "A" THROUGH "E", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FindinEs 1. Subject to the attached Conditions of Approval the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project as proposed complies with the Goals, Objectives, and Policies of the General Plan, and the Zoning District in which it is located. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, ha~e been incorparated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. Planning Division Conditions l. Design Review approval for Industrial Project No. 99-2 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. 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. 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 neighbaring 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 PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 13,1999 plan. 5. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 6. All eaterior 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 fia~ture. The light fixture proposed is to match the architecture of the building. 7. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. This project shall be designed so that every unit is provided with a 12' x 20' (twelve-foot by twenty-foot) loading space as required by the City Municipal Code. 8. The Planning Division shall approve construction trailers utilized during construction. 9. All exterior downspouts shall be painted to match the building color. 10. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 11. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 12. Prior to issuance of building permits, applicant shall provide assurance that all requirements and Conditions of Approval of the Riverside County Fire Department have been met. 13. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 14. The Community Development Director or designee shall approve any signage in compliance with the Zoning Code. 15. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Division. 16. All outdoor starage yards shall be permitted only in conjunction with and as an integral aspect of a permitted use and shall not be primary use of the property. 17. All starage yards shall be enclosed on all sides with a screen wall a minimum of six (6') feet in height as measured from the highest grade elevation wither side of the screen. The screen shall be a decorative solid masonry wall. PAGE FIFTEEN - CITY COUNCIL MINUTES - APRIL 13,1999 18. No materials shall be stored higher than the required screening. 19. Storage areas shall no encroach upon parking, landscaping, drive aisles, required truck loading areas ar required yard areas. 20. No storage of scrap, waste, or other materials not utilized in the production process permitted. All outdoor storage shall require a conditional use permit. 21. No sale of scrap, waste, automobile parts such as a wrecking and/or junk yard shall be permitted. 22. The final landscaping/irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). a) All planting areas shall ha~e permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. 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 120% Faithfixl Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for PAGE SIXTEEN - CITY COUNCIL MINIJTES - APRIL 13,1999 material and labor for two (2) years. 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. 23. Fencing shall be provided for the south and westerly boundaries of the site subject to approval of the Community Development Director. En ing eerin~ Division Conditions 24. 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. 25. Dedicate underground water rights to the City (LEMC 16.52.030). The document can be obtained from the Engineering Department. 26. Dedicate a 20-ft. wide strip of additional street right-of-way along the frontage of Chaney St. property line to the City priar to issuance of building permit. 27. Dedicate additional right-of-way for a standard corner cutback for the future curb return at the northerly corner of the lot. 28. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building permit. 29. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Res. 85-26). 30. Submit a"Will Serve° letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements ha~e 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 PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 13,1999 constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 33. The applicant shall furnish a signing and striping plan for Minthorn St. and 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 Department 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 be submitted to the Engineering Department 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, 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. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 41. 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. 42. 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. 43. Roofs should drain to a landscaped area whenever feasible. 44. The building is in an AO Flood Zone and the building's finish floor elevation should be 2 ft. above the adjacent grade. PAGE EIGHTEEN - CITY COiTNCIL 1VIINUTES - APRIL 13,1999 45. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 46. Applicant shall provide the city with proof of his ha~ing 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 landscape maintenance and storage of equipment and material outside of the building. 47. Contribute $11,240 for the design and construction of one-half of a raised landscaped median along the frontage of Chaney St. 48. Developer shall contribute $2,000 toward the design and construction of a traffic signal at Central Ave. and Collier Avenue. This development will increase traffic at the intersection at least 1.5% and should contribute 1.5 % towards the installation. 33. Industrial Project No. 99-1. Mini-Storage Facility Expansion for Lake Elsinare Self Stora~e at 29151 Riverside Drive. (F:86.2) Community Development Director Brady detailed the proposed project and its location, noting that the Planning Commission had recommended approval. Councilman Schiffner indicated that he was happy to see this improvement take place; and that this project also had no down-side. Councilwoman Brinley indicated that this was right place and right time for this project. Councilman Pape indicated that this project looks good. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE INDUSTRIAL PROJECT 99-1, BASED ON THE RECOMMENDED FINDINGS, EXHIBITS A THROUGH C AND SUBJECT TO THE FOLLOWING CONDTTIONS OF APPROVAL. Findings 1. Subject to the attached Conditions of Approval the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project as proposed complies with the Goals, Objectives, and Policies of the General Plan, and the Zoning District in which it is located. PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL 13,1999 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. Conditions of A~proval Plannin~ Division Conditions l. Design Review approval for Industrial Project No. 99-1 will lapse and be void unless building permits are issued within one (1) year of City Council approval. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. 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. 4. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 5. Security lighting shall be required. 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 fi~ure. The light fixture proposed is to match the architecture of the building. 6. The Planning Division shall approve construction trailers utilized during construction. 7. All exterior downspouts shall be painted to match the building color. 8. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 13,1999 9. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 10. Prior to issuance of building permits, applicant shall provide assurance that all requirements and Conditions of Approval of the Riverside County Fire Department have been met. 11. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 12. The Community Development Director or designee shall approve any signage in compliance with the Zoning Code. In addition, the proposed freestanding monument sign shall be four (4'-0") feet in height and fifteen (15'-0") wide for a total of siaty (60 s.£) in area subject to the approval of the Community Development Director. 13. Prior to issuance of building permits, applicant shall provide a soils report for approval by the Engineering Division. 14. All storage yards shall be enclosed on all sides with a screen wall a minimum of six (6') feet in height as measured from the highest grade elevation wither side of the screen. The screen shall be a decorative solid masonry wa1L 15. Proposed monument sign shall maintain a five (5') foot setback from any property line. 16. No storage of scrap, waste, or other materials not utilized in the production process permitted. 17. The final landscaping/irrigation plan is to be 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 Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%). a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 13,1999 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, 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 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, and bond 100% for material and labor for two (2) years. 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. Eneineering Division Conditions 18. 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. 19. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Res. 85-26). 34. Plannin,~ Commission Appointment. (F:60.2) Mayor Kelley noted that this item was due to the appointment of Planning Commissioner Schiffner to the City Council. She indicated that she and Councilwoman Brinley interviewed two applicants in addition to the prior Council applicants. She stressed the difficulty of this decision; and nominated Dr. Robert Polk, based on his professionalism, experience in PAGE TWENTY-TWO - CITY COUNCIL MINUTES - APRIL 13,1999 business, involvement in the community, his work on water quality issues, his "get involved" attitude, and the idea that he would represent a good balance on the Planning Commission as he is from the west end. Councilman Schiffner indicated that the newspaper indicated that he did not intend to vote on this item; and indicated that he did plan to abstain, but since this is a mayoral appointment, it would be appropriate to validate the Mayor's choice. Mayor Pro Tem Metze noted that this is one of the few things that the Mayor has an opportunity to do, with mere ratification by the Council and unless there was a glaring reason not to concur, he would support her decision. He further indicated that he saw no glaring reason not to support Dr. Polk. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPOINT DR. ROBERT POLK TO THE UNEXPIRED PLANNING COMMISSION TERM, CONTINUING UNTIL JUNE, 2002. The City Council and audience recognized Dr. Polk on his appointment. 35. Special Tax Parity Bonds 1999 Series A- Resolution No. 99-18. (F:126.5) City Manager Watenpaugh noted concerns he had heard expressed this evening and requests for further information. He fiirther noted that he had talked with several people from the Tuscany Hills area and clarified that this action would not increase their assessments. He explained that this will actually help to lower the assessments as additional homes are built, clarifying the parity which will occur. He advised that this issue will not exceed $7.5 million, which is needed to pay for existing infrastructure and give the City the funds to complete what the master developer has not completed on Summerhill Drive. He clarified that the residents are not paying for maintenance on that section, as it is not yet being maintained. He reiterated that this action will eventually lower the tax rate. He advised that the developer is looking to sell the north half of the property to major developers who could proceed to develop and lower the responsibility on the e~sting homeowners. He indicated that this action will also help to get Summerhill Drive through to Crreenwald, although none of this will happen right away. He clarified that if approved the bonds will not be sold until the existing agreement for reimbursement is signed by the master developer. Don Hunt, Bond Counsel, indicated that the City Manager's description is accurate. He indicated that the City was obligated to issue bonds as soon as the development was sufficient to support those bonds. He further indicated that the current obligation is just under $14 million. He clarified that this issuance would only move forward if an agreement has been reached with the master developer for about $5 million. He explained how development would reduce the assessments for the current residents and complete PAGE TWENTY-THREE - CTTY COUNCIL MINUTES - APRIL 13,1999 improvements which have been pending for quite some time. He advised that this issuance of parity bonds would need approval of both the City Council and the Redevelopment Agency. Councilman Pape questioned the date of the original agreement. Staff suggested that it was more than a decade ago. City Manager Watenpaugh indicated that the first bond issuance was in January, 1991, and the original district was approved in 1990. Mayor Kelley noted that she had a request to speak. Chris Hyland, 15191 Wavecrest Drive, questioned whether this work was already done and paid for; and suggested if the money was going into landscaping it should be used in areas other than Tuscany Hills. She noted that the landscaping in her area is in terrible shape. She suggested that the money might be used for a pending lawsuit. City Manager Watenpaugh indicated that the infrastructure costs had not been paid back to the developer and noted the amount to be paid was still in excess of $12 million. He clarified the master developer obligation and the requirement for payment on the infrastructure and indicated that the money was not for a lawsuit as suggested. Bond Counsel Hunt concurred. Councilman Pape indicated that this matter should be fairly clear with what had been heard tonight. He stressed that the bonds will be assessed to vacant land and not the existing homes; and as the vacant land is developed the future residents will be responsible far the costs. He further stressed that some of the assessments will be decreased and the public infrastructure will be completed. He reiterated that there is a contractual obligation to complete the infrastructure. Mayor Pro Tem Metze concurred that the direction is clear and the Council has been working with the financial team and Mr. Hunt to resolve financial issues. He noted that no one has ever shown the financial team's information ar recommendations to be untrue. He stressed that the 2000 budget will be in the black without the general fund supporting it. Councilwoman Brinley concurred with Councilmembers Pape and Metze that this was part of the financial package to stabilize the bond pools; and will meet the obligation which has not yet been met. She thanked Mr. Hunt and Mr. Gunn for their efforts to get the bonds back on the road to stabilization. She stressed that the bond pools now stand independently. Mayor Kelley reiterated that there is a contractual obligation to do this, and it helps to complete the landscaping, and eventually lowers the rate, bringing the land up to par with other developed land. She thanked Mr. Gunn and Mr. Hunt for their work and commended the Council on their willingness to stick to the program. She stressed that the current residents will see the rates go down. PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - APRIL 13,1999 MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-18 AND APPROVE THE SECOND SUPPLEMENTAL FISCAL AGENT - AGREEMENT. ' RESOLUTION NO. 99-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TAKING CERTAIN ACTIONS IN CONNECTION WITH THE ISSUANCE OF REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE COMIVIUIVITY FACILITIES DISTRICT NO. 90-2 (TUSCANY HILLS PUBLIC IMPROVEMENTS) SPECIAL TAX PARITY BONDS. 36. Lake Elsinore Water Oualit~roject Proposal. (F:92.1)(X:164.1) City Manager Watenpaugh clarified that this was not an effort to do away with Dr. Polk, noting he had met with him and discussed the staff report. He clarified that the intent was to slow the process down in relationship to the water bond which is pending for March, 2000. He indicated that he has met with Water District representatives from Metropolitan and Eastern and they are concerned with the City being supportive of the water bond rather than proceeding on their own; and noted the clout of those water districts. He reiteratecl the need to slow the process down and explained that it was important to request funding from the Army Corps of Engineers for a general scoping study. He noted that a major concern is that there is no agreed upon solution between all of the agencies; indicating that there needs to be a solution that everyone agrees on. He stressed that a key to the local problem has been the lack of agreement between agencies. He indicated that he believes the City Council, Water Board and School Board are starting to work together and benefiting from the support of community members. He reiterated the need to slow this process down and get concurrence from the Army Corps of Engineers; suggesting that the City continue to support the water bond efforts and if it fails in the legislature proceed with other efforts. He noted that he believes that the staffs of the City and Water District are moving forward with concurrence. Larry Regis, 33210 Little John Way, noted the historic significance of the Lake in the community; and indicated that the work before the Council is a result of many peoples' work to improve the Lake. He stressed the benefits of the material prepared by Dr. Polk and encouraged the Council to not let it get lost in the Bureaucracy. He stressed the paramount importance of this project and applauded the joint efforts of the City and the Water District; and suggested that the efforts should continue to move forward. Councilman Schiffner indicated that he is not anxious to delay action on the Lake, as the project sounded very good to him; but expressed understanding of the staff concerns. He noted that he doesn't want to ruin a good program by being in too big a hurry. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - APRIL 13,1999 Councilman Pape noted that this was a different approach than was discussed at the study session; and expressed concern that taking a different approach will make it another year with no progress. He indicated that he wants the City and the Water District to be very aggressive in their efforts to search for grants and low interest loans to come up with one fix and cure-all for the Lake. He stressed that there is already a lot of information, but if it takes the Corps coming in to review the situation and making a specific recommendation for funding, then it should move forward. He stressed the need to attack this issue very vigorously to ensure that it is not palced on the back burner. He further stressed the importance of getting something done to produce results. He emphasized the importance of making sure that the staff of the City and the Water District stay on top of this issue. Councilwoman Brinley noted when she heard about the information presented at the Study Session, she was very pleased that Dr. Polk was serving as a facilitator to get the two Boards together to address the Lake. She expressed hopes that this would continue in a positive manner and encouraged the staffs to work diligently and quickly to find a solution. She expressed appreciation for the efforts of Dr. Polk to build a relationship and establish a common goal. Mayor Pro Tem Metze indicated that the staff recommendations cover everything said; and stressed the importance of moving ahead. He noted that Congressman Calvert has always been helpful in the past. Mayor Kelley noted the importance of moving forward in a timely manner. She stressed that the Lake is the economic engine of the community and supported the benefits of the third party, Army Corps, participation. She indicated that the recommendations of staff seem appropriate. She noted the lengthy Study Session on this proposal and thanked Dr. Polk for his work. She detailed and supported the staff recommendations. MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO THANK DR. POLK FOR HIS TIME AND EFFORTS IN PREPARING THE LAKE ELSINORE WATER QUALITY PROJECT; DIRECTED STAFF TO WORK WITH ELSINORE VALLEY MUNICIPAL WATER DISTRCT TO HAVE CONGRESSMAN CALVERT REQUEST $100,000 FROM THE ARMY CORPS OF ENGINEERS FOR A SCOPING STUDY; DIRECTED STAFF TO BRING FORWARD DURING BUDGET REVIEW, THE ANTICIPATED COSTS IN SUPPORT OF SECURITY FUNDING; AND DIRECTED STAFF TO CONTINUE TO MEET WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT, WESTERN MUNICIPAL WATER DISTRICT, EASTERN MUNICIPAL WATER DISTRICT AND THE SANTA ANA WATER PROJECT AUTHORITY IN SUPPORT OF THE PROPOSED 2000 WATER BOND. THE CITY COUNCIL MEETING WAS RECESSED AT 8:35 P.M. T~IE CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. PAGE TWENTY-SIX - CITY COUNCIL MINUTES - APRIL 13,1999 PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, expressed concern with the Elsinore Princess being stored at City Campground, noting that the facility is a dedicated City park. She indicated that she has a copy of the license agreement and questioned who authorized the placement of this boat at a City park; since the agreement indicates that it will be placed at Elsinore West Marina. She inquired if the City was charging rent and electricity for the boat and questioned the ability to refurbish a boat in a park under the Quimby Act. She further questioned the potential for hazardous waste and indicated that she was opposed to kids working on the boat. She indicated that they have gone through a lot of agencies in Sacramento researching this issue. She further questioned the liability factors and whether they have a permit from the City to refurbish the boat. She expressed concern that the taxpayers pay for the park and should know what arrangements have been made for the boat. She noted the requirement for the boat to be moved back from the Lake and questioned those arrangements. Larry Regis, 33210 Little John, indicated that he was not going to respond to the questions which are addressed in the contract; but noted the importance of the three "p"s as they relate to the Princess. He indicated that there are "problems", they are making "progress" and they are complying with "procedures". He emphasized their efforts to work with any agencies who haee concerns and stressed that the Princess is designed to help the Community, and the volunteers are there of their own volition: He indicated that if there are political issues, so be it; but stressed the efforts being made to move forward and make this a positive project. He noted that Pete Dawson photographed the trip from Long Beach to Lake Elsinore and presented a photo album of the trip to the Council. Minnie Brown, 312 N. Langstaff, publicly thanked Sun Tribune reporter, Crystal Ferraro, for her excellent article on the Library, the Librarian and the General Manager. She also noted an article giving a gentle reminder on library manners; and expressed hopes that parents sat down to read and discuss the article with their children. She announced that there will be a Friends of the Library book sale on Apri124~'; and noted that she has a flyer on the event and membership forms available. She addressed the Lake Elsinore Princess and expressed support for the venture. She looked forward to the project being complete and indicated that she has already begun to invite her friends from out of town to join her for a fun, affordable cruise around that Lake. She encouraged public letters of support for the project being sent to City Hall. Orvill Boutiler, thanked the Council for the opportunity to speak, and reiterated the comments of Mr. Regis about the Princess. He indicated that he has spent many hours at the site and observed that Mr. Regis has put in a substantial amount of time to make the project work. He thanked the Council for their support of this project and looked forward to a continuing relationship with the City. Barbara Cady, 32524 Wildomar Road, detailed the upcoming events being planned by the Elsinore Valley Arts Network; including a Drama Showcase for PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - APRIL 13,1999 Elsinore High School after the Street Fair, The first Annual Poetry Contest on May 20`t' at 7 p.m., a Jazz Concert in City Park on June 19`i' , a Swing Dance in July, an Art Show in August and their biggest event which is the Symphony on September 18~' at 7 p.m. She publicly thanked Frank and Alice Jackson for their efforts on behalf of the community and noted the amazing feat of bringing the Princess to Lake Elsinore. She encouraged the Community to support and assist in keeping the Princess in Lake Elsinore. Dick Knapp, City Treasurer, noted a recent Press Enterprise article regarding the procedures used by the Fire department. He expressed concern that the first unit to arrive would have to wait for a second unit befare starting work; and expressed concern for the response times of a second unit. He further expressed concern with regard to the policy for heart attacks, if the paramedics are required to wait for a second unit. He suggested that response times should be calculated based on the arrival of the second unit. Chief Seabert explained the procedures known as "two in, two out" and indicated that it is a mandated procedure. She clarified that fire fighters can enter a building prior to the arrival of a second unit, however, they must be able to justify the reason for doing so. She assured the community that the Fire Department would continue to respond in a timely manner, as has always been done; and this is strictly an operation issue which has been changed. Mayor Pro Tem Metze requested confirmation that this does not mean that the fire fighters will be "kicking back" waiting for other units to arrive. Chief Seabert confirmed and stressed that this is a safety issue for the fire fighters; and clarified that the paramedics will also continue to provide the highest level of care possible. George McDonough, 16514 Mountain Street, owner of Robbins Pest Management, indicated that he has been participating in the Caltrans Graffiti Removal program for the past two years and noted the freeway signage commemorating that participation. He noted the benefits of removing graffiti quickly and indicated that he would like to adopt the wall at Mountain/Lake Street, noting it is the first site upon entering the Community. He further indicated that he has talked with the Board of Realtors, the Chamber of Commerce and a Network Group and they are all interested in doing a local program lilce the one administered by Caltrans. He presented a proposed recognition sign for the program and requested direction on how to start such a program. He indicated that he has copies of his contract with Caltrans and their guidelines. He clarified that he would propose that the participants pay for the paint and signage, so the program would be at no cost to the City. Dan Vanderalle, 30490 Cinnamon Trail Drive, Canyon Lake, indicated that he is a local roofing contractor and stressed the potential benefits of this program for the City. He noted a similar program in Albuquerque, New Mexico, which has been very successful; and got the public involved in the solution. He further expressed concern that the paint being used far the local program is not appropriately matched. Mayor Kelley suggested that Mr. McDonough and Mr. Vanderalle meet with staff to address the feasibility of this proposed program. PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - APRIL 13,1999 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Clarified that the City autharized the paddlewheeler to come to Lake Elsinore, and the contract allows for the use of other facilities with written notice. He indicated that the other issues are factual issues which are being dealt with; and the Princess owners have been very responsible in dealing with staff, which has been a learning process far both sides. He noted that there would be a meeting on Wednesday afternoon to address the issues further. He stressed that all of the concerns are being addressed and indicated that he was the one who authorized the placement of the boat at the Campground. 2) Indicated that staff would be more than happy to set up a meeting with Mr. McDonough and bring the program to Council for further review. 3) Thanked Dr. Polk for his support of the Chamber of Commerce and the City. CITY ATTORNEY COMMENTS City Attorney Leibold Announced the Closed Session Items as listed on the agenda. COMMITTEE REPORTS Councilman Pape noted that this was a newly added section of the Agenda. He announced that at his last League of California Cities Public Safety Committee Meeting there was discussion of a Governor's Budget Item which would charge every City for using the State Crime Lab. He advised that based on 1998 statistics, that action would cost the City about $55,000. He indicated that it was opposed by the Attorney General and League of California Cities. He noted that he sent a letter to all Riverside County cities advising them of this proposal and the potential costs. He stressed that the impacts could be substantial for cities. Councilwoman Brinley indicated that she will be working with Supervisor Buster and the RTA to look at using the County Economic Development Agency to assist with support of public transportation. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Indicated that he felt safe in saying everyone at the Council table was fully supportive of the Elsinare Princess, and expressed regret at the problems they have encountered. He indicated that the Council will do all it can, but noted the limitations on the City's ability. PAGE TWENTY-NINE - CITY COUNCIL MINUTES - APRIL 13,1999 Councilwoman Brinley commented on the following: 1) Concurred that she supports the Princess, and feels it will be a fantastic opportunity. She noted that it is not easy to be a small businessman and expressed recognition of the long term efforts of Mr. Jackson to bring this project forward. She indicated that she was pleased to hear that staff is working closely with Mr. Jackson and Mr. Regis to address concerns. She indicated that they do have the support of the Council and it is sad that problems have occurred. She expressed appreciation to Mr. Regis for his comments. 2) Congratulated Dr. Polk on his appointment to the Planning Commission, and noted that the Commission is the best learning tool for community service. She expressed hopes that he would enjoy his service on the Commission. 3) Indicated that she was glad to see private citizens step forward to facilitate efforts on the Lake. Councilman Pape commented on the following: 1) Noted the Kid's Fair at the Outlet Center, noting that there were many kids and the event was a big success. He expressed thanks to the Outlet Center and City staf£ 2) Addressed the Elsinore Princess and stressed the City's efforts to be business friendly and encourage new businesses. He indicated that he knows the owners and they are responsible, conscientious people and he will personally seelc to make that venture a success. He further indicated that he can't imagine the grounds for objection to this proj ect. Mayor Pro Tem Metze commented on the following: 1) Concurred that staff should check into the Graffiti Program proposed and use it where possible. 2) Congratulated Dr. Polk on his appointment to the Planning Commission and noted his efforts in his short residence in the Community. He indicated that the Planning Commission will be a whole new experience for him and noted that the staff will work very closely with him and he will be serving with a great group of Commissioners. He commented that the Mayor made the right choice. PAGE THIRTY - CITY COUNCIL MINUTES - APRIL 13,1999 3) Noted that it shouldn't surprise him after 8 or 9 years, but every time there is something positive, it is the same one or two people who bad- mouth it. He indicated that they do not represent the community overall, and no new people are complaining. He fizrther indicated that City Manager Watenpaugh can make decisions without asking for permission from the Council; and noted that in this case it was a good decision. He noted that it was nice to see some new faces supporting the Elsinore Princess effort, particularly in contrast to the one or two negative comments. He looked forward to the Princess beginning operation. Mayor Kelley commented on the following: 1) Announced a variety of special events, including a Recycling Booth at the Outlet Center on April 17~'; Waterski & Wakeboard Competition in the inlet channel on April 17`r' and 18"'; and water ski races at City Beach on April 17~' and 18th. She noted that Apri123ra was the deadline to nominate a neighbor for the Neighborhood Pride Program, and encouraged nominations. She further announced that there will be jet boat races in the inlet channel on Apri124~' and 25`t'. 2) Noted that she received a letter from Mrs. Carol Franks of Lake Terrace Drive thanking the City Manager for the new BMX track in Lake Elsinore. 3) Noted a request from the Friends of the Library for a contractor to donate sliding boards for hanging of pictures without marring the newly painted walls. 4) Congratulated Dr. Polk on his appointment to the Planning Commission. 5) Welcomed the Elsinore Princess to the community, and indicated that she is willing to work with the owners to make the project go forward. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION. ~i1RTY-ONE - CITY COUNCIL MINUTES - APRIL 13,1999 (Subdivision (a) of Section 54956.9) Kanayan vs. City of Lake Elsinore - Case #RIC 307401. ' B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to subdivision ( c) of Section 54956.9 - 1 case. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 9:17 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 9:55 P.M. WITH THE FOLLOWING REPORTED ACTIONS: WITH REGARD TO ITEM A, THE CITY COUNCIL DISCUSSED SETTLEMENT WITH REGARD TO KANAYAN VS. CITY OF LAKE ELSINORE. WITH REGARD TO ITEM B, THERE WAS NO REPORTABLE ACTION. ADJOURNMENT MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:57 P.M. OF LAKE f~"?T~ST: ` ~ i~~ ~ V"Ft.;~;I KACA~, CITY CLERK CITY l7F ~,AKE ELSINORE ~