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HomeMy WebLinkAbout04-14-1998 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 14', 1998 *~~~****,~*,~****~~~**,~**,~***~**~*~~***~**,~**,~**~*,~****,~~*~,~~~,~**,~**,~ CALL TO ORDER The Regular City Council Meeting was called to order by Student Kendall Kelley at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Lindsey James. INVOCATION The Invocation was provided by Pastor Warford. PRESENTATIONS a. Presentation - Student Government Day. (F:142.2) Hillary Hodges, Sophomore at Temescal Canyon High School and Associated Student Body Treasurer, indicated that she shadowed Mayor Pape for the day. She further indicated that she learned a lot today and rimning a city is not as easy as she thought. She noted that they had a boat ride and tour of City Hall. Renee Tersini, Sophomore at Temescal Canyon High School, indicated that she shadowed Councilxnan Metze, and they discussed new building in the City and events in the Community. She noted her enjoyment of the day and indicated that she can't wait until nesct year for a similar opportunity. Lindsey James, Sophomore at Temescal Canyon High School advised that she shadowed Councilwoman Brinley and they discussed future plans for Lake Elsinore and new development which is planned. Daniel Gonzalez, Senior at Temescal Canyon High School advised that he i i shadowed Senior Center Coordinator Tate and stressed the importance of the '' services provided by the Senior Center in Lake Elsinore. Kendall Kelley, Freslunan at Temescal Canyon High School indicated that she shadowed City Clerk Kasad and Deputy City Clerk Bryning. She noted that they discussed the history of the City and learned a lot about the history of City in documents. City Manager Watenpaugh explained to the public that once a year the City PAGE TWO - CITY COUNCIL MINUTES - APRIL 14, 1998 has this event in cooperation with the School District. He advised that the format was changed this year and more input was received from the students for next year's event. He thanked that students for their participation. b. Presentafion - Lake Elsinore Animal Friends. (F:18.2) Bill Starkey, representing LEAF, commented the students for their participation in the Community. He noted that LEAF will celebrate 10 years of service to the Community in October of tlris yeaz. He detailed their expansion into the cities of Canyon Lake, Murrieta and Temecula. He noted new programs such as Pets for Seniors. He noted that every Saturday through the Spring and Summer the adoption center will be open; and every Tuesday they are open for senior pet adoptions from 9 a.m. to Noon. He advised that approximately 20% of the animals in the center are pure bred pets. He also advised that the third Saturday of every month there is a low cost shot clinic at City Park which is supported by local veterinarians; and the staff at LEAF can make arrangements for spay and neuter services. He stressed the success of LEAF in that animals are not being dumped along the roads. He announced that LEAF is granting amnesty for licensing from April 1 to May 31 st so there will be no penalty for registering animals. He stressed the benefits of licensing animals, such as being able to find animals which might be lost. He advised that May 2nd begins "Be Kind to Weak Animals". He fiuther advised that they ha~e leased property for a new shelter, with ground breaking expected next year. He noted that they will be holding a fundraiser at the Diamond, and detailed other fundraisers which are being planned. He requested consideration of a new road for Strickland Avenue and stressed that over 500 people a week visit LEAF. He encouraged anyone who has not visited the shelter to do so. Linda Nanetti, noted the pink notice received in the trash bill regarding licensing of cats, and explained that the problem is that people move away and leave adult cats behind, and many kittens are born to roam the neighborhood. She fiuther noted that in the past, she has assisted LEAF by gathering kittens from the neighborhoods. She stressed that residents who move and cannot take animals with them need to take their pets to LEAF. She expressed hopes that LEAF would not charge people to drop animals off there, as that would discourage people from dropping them off. She stressed that the animals become a problem for the other residents, but she does not agree that all should pay for the irresponsibility of others. She indicated that she knows that LEAF does a good job. c. Proclamation - Architecture Week. (F:122.1) Kendall Kelley read and presented the proclamation to Ron Ishii, representing the Inland California Chapter of the American Institute of Architects. Mr. Ishii thanked the Council for this recognition and noted that he is a 10 year resident of the Community. He noted that it is wonderful to ha~e the students PAGE THREE - CITY COiJNCIL MINUTES - APRIL 14, 1998 participating in the Community. Mr. Ishii indicated that he has had a fum in the City for nearly 11 years, and is pleased to be here on behalf of his colleagues. d. Presentation - City's Buthday~.(F:45.1) Assistant to the City Manager Best noted that this evening is a celebration of the past, present and future of the Community. She also noted that the original incotporafion date was under San Diego County, and addressed the Historical Society presentation to the students this date. She indicated that at the time of incorporation there were only about 1,000 people in the community, and was listed as a"colony". She advised that the highlights of the community were a coal mine, hot mineral springs and the Lake; and the area also had prominent clay mines and clay pits. She noted similarities between the original community and the community of today. She reiterated the positive future potential for the Community with the students present today. She read a Certificate from the League of California Cities commending the City on its 110th anniversary. City Manager Watenpaugh again thanked the students and congratulated them on their participation. THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:32 P.M. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert and City Clerk Kasad. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: PAGE FOUR - CITY COiJNCIL MINUTES - APRIL 14, 1998 Item Nos. 9 and 10. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - March 10, 1998. (F:44.4) b. City Council Study Session - March 17, 1998. c. Regular City Council Meeting - March 24, 1998. d. Special City Council Meeting - Apri12, 1998. The following Minutes were received and ordered filed: e. Plauning Commission Meeting - February 4, 1998. f. Planning Commission Meeting - March 18, 1998. (F:60.3) g. Design Review Committee Meeting - Febniary 4, 1998. h. Design Review Committee Meeting - March 18, 1998.(F:60.4) 2. Ratified Warrant List for Mazch 31, 1998. (F:12.3) 3 Received and ordered filed the Investment Report for February, 1998. (F:12.5) 4. Rejected and referred to Claims Admiiustrator for handling the Claims Against the City submitted by Kurtis B. Cafaro (CL #98-10); Mrs. Emery Simon Jr. (CL #98-11); Beverly Seeley, Trustee of Francis L. Knierim Trust (CL #98-12) and Al Valle (CL #98-13). (F:522) 5. Approved the Agreement Extension with the Department of Boating and Waterways for the Boat Launch Facility and authorized the City Manager to execute the Agreement.. (F:68.1)(X:92.5) 6. Adopted Resolution No. 98-6 regarding Disaster Relief Funds and the Designation of the City's Authorized Agent for disaster relief funding applications. (F:74.1) RESOLUTION NO. 98-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING CERTAIN OFFICIALS AS INDIVIDUALS AUTHORIZED TO EXECUTE APPLICATIONS AND DOCUMENTS FOR THE PURPOSE OF OBTAINING FINANCIAL ASSISTANCE UNDER FEDERAL CIVIL DEFENSE ACT OF 1950 AS AMENDED (PUBLIC LAW 920, 81ST CONGRESS, 50 USC APP. 2251-2297). ~ PAGE FIVE - CITY COUNCIL MINUTES - APRIL 14, 1998 7. Accepted Notice of Complefion for the Lakeshore Drive Widening: Main Street to 600' Beyond Enhance to Lakepoint Park, and authorized recordation. (F:156.2) 8. Accepted Easement and Grant Deeds for Machado Storage, and authorized recordation. (F:132.1) PUBLIC HEARING 21. Zone Change No 98-2, Commercial Project No C 98-2 and Negative Declaration No. 98-3 for Kentucky Fried Clucken at 31257 Riverside Drive ~,~y.74) - Ordinance No. 1036. (F:172.2)(X:58.2) . Mayor Pape noted that Councilman Alongi might need to abstain due to ownership of applicant's building. COUNCILMAN ALONGI LEFT THE TABLE AT 7:34 P.M. City Manager Watenpaugh highlighted this request and detailed the recommendations. He noted that the project is within RDA Project Area #2 and would need concurrent action by the Redevelopment Agency Board. Mayor Pape opened the public hearing at 7:35 p.m., asking those persons interested in ttus item to speak. The following person spoke: Kim Quon, 701 W. Graham, representing the applicant, offered to answer questions, concurred with staff recommendations and thanked staff for their help in this process. He indicated that the project will beautify the area and draw more business. Hearing no additional requests to speak, the public hearing was closed at 7:36 p.m. Mayor Pro Tem Kelley inquired if when the project is completed, the top of the building would still ha~e red fencing around the air conditioning; or if it will be removed. Mr. Quon presented a rendering of the improved building with a new parapet wall around the building. He stressed enhancements to be made to the building. Mayor Pape concurred that the enhancement be a nice finish for the project. Councilman Metze questioned the fencing between the Laundromat and Hunny's. Mr. Quon indicated that they are not proposing a fence to divide the parking lots, but proposing landscaping along that edge. He noted that the owner of Hunny's has offered to collaborate on the landscaping. Councilman Metze concurred with the Planning Commission position on condition nos. 15.b, and 36. He indicated that item 36 is a housekeeping item and 15.b must PAGE SIX - CITY COiTNCIL MINUTES - APRIL 14, 1998 ha~e been an oversight. He indicated that he would normally address the handicapped parking, b~t it would not matter if 20 of the spaces were 10 feet deeper, as a person with wheel chair or van would not be able to use the spaces. MOVED BY BRINLEY, 5ECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1036 UPON FIRST READING BY TITLE ONLY, APPROVING ZONE CHANGE NO. 98-2; ADOPT NEGATIVE DECLARATION NO. 98-3 AND APPROVE COMMERCIAL PROJECT NO. C 98-2, BASED ON THE RECOMMENDED FINDINGS, EXHIBITS "A" THROUGH "I", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: ORDINANCE NO. 1036 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REZONING .62 (.61 NET) ACRES LOCATED ON RIVERSIDE DRIVE BETWEEN SAINT CHARLES PLACE AND WALNUT DRIVE, FROM C-P (COMMERCIAL PARK DISTRICT) TO C-2 (GENERAL COMMERCIAL) ZONING DISTRICT (ZONE CHANGE NO. 98-2 KENTUCKY FRIED CHICKEI~. UPON THE FOLLOWING ROLL CALL VOTE: AYE5: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: FINDINGS BRINLEY, KELLEY, METZE, PAPE NONE NONE ALONGI 1. Subject to the attached Conditions of Approval and the findings of the Mitigated Negative Declaration No. 98-3, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The Zone Change is consistent with the anticipated zoning district for this site within the General Plan Land Use Element. The proposed action is, therefore, consistent with the Goals, Objectives, and Policies of the General Plan and the standards established in the Municipal Code. 3. The project, on its own merit and within the context of its setting and as proposed and conditions, complies with the Goa1s, Objectives and Policies of \ PAGE SEVEN - CITY COIJNCIL MINUTES - APRIL 14, 1998 the General Plan, and the Zoning District in wluch it will be located. 4. That the requested use, as proposed will not be dehimental to the general health, safety, morals, and welfare of the persons residing in the neighboring area of the City. 5. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, ha~e been incorporated into the approval of the subject project to ensure development of the property in accordance with the Objectives of Chapter 17.82. PLANNING DIVISION CONDTTIONS 1. Design Review approval for Commercial Project No. 98-2 will lapse and be void unless building pernuts 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. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. All site improvements shall be conshucted as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the discrerion of the Community Development Director. All plans submitted for Building Division Plan Check sha11 conform 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 sha11 be used unless modified by these conditions, Community Development Director or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Deparhnent requirements. 8. Meet a11 Riverside County Fire Department requirements. 9. No outdoor storage shall be allowed. PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 14, 1998 10. Trash enclosures sha11 be conshucted per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 11. 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. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All roof mounted or ground support air condirioning units or other mechanical equipment incidental to development sha11 be architecturally screened so that they are not visible from neighboring properiy, public streets including Riverside Drive and Fraser Drive. A screening plan sha11 be approved by the Community Development Director or designee, prior to issuance of building permit. 14. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 15. The finallandscaping/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 pernut. 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 automaric sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) All planting areas shall be separated from paved areas with a six inch (6") lugh and six inch (6") wide concrete curb. c) Planting within fifteen feet (15') of ingress/egress points shall be no higher than tluriy-six inches (36"). d) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. e) Any transformers and mechanical or electrical equipment sha11 be indicated on landscape plan and screened as part of the landscaping plan. fl 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 PAGE NINE - CITY COUNCIL MINUTES - APRIL 14, 1998 watenng. g) All landscape improvements sha11 be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approvaUacceptance, and bond 100% for material and labor for one (1) year. h) 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. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 16. 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. 17. All exterior on-site lighting shall be sluelded 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. 18. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 19. Trailers utilized during construction shall be approved by the Plaiuung Division. 20. On-site surface drainage shall not cross sidewalks. 21. A stripping plan shall be required to insure safe circulation. Parking stalls shall be double-striped with four-inch (4") lines two-feet (2') apart. 22. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 23. Tlris project sha11 be subject to a11 Mitigation Measures contained in the Mitigated Negative Declaration No. 98-3. 24. All vending machines, tables, kid's rides, newspaper racks, telephones and sirnilar devices, if proposed sha11 be concealed from view with a structure consistent with the building design. These shall be approved by the Community Development Director or designee prior to installation. PAGE TEN - CITY COUNCIL MINUTES - APRIL 14, 1998 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 Duector or Designee. 26. The proposed southwesterly driveway shall be posted as a right turn only/exit only driveway. A"Do Not Enter" sigh shall be posted for both north and southbound traffic on Riverside Drive. ENGINEERING CONDITIONS 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (L.E.MC.) prior to building permit. 28. Process and meet all parcel merger requirements prior to issuance to building permit. 29. The applicantshall obtain any necessary Caltrans permits and meet a11 Caltrans requirements. 30. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 31. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil - Engineer and approved prior to grading pemut issuance. Prior to any grading, the applicant sha11 obtain a grading permit and post appropriate security. 32. On-site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drauiage acceptance or conveyed to a drainage easement. 33. Applicant shall submit a traffic control plan showing a11 traffic control devices for the site to be approved prior to issuance of building permit. All traffic control devices shall be installed prior to certificate of occupancy. 34. The turunig radu out of the proposed drive-thru to the driveway at Riverside Drive are not large enough and need to be increased. 35. If demand consistently exceeds the storage capacity of the drive-tluu during peak periods, the fast food restaurant shall provide a roving order person in the drive-thru lane to enhance order taking. 36. The applicant shall cause to be recorded an irrevocable reciprocal parking and circulation agreement in favor of the lots adjacent to the Kentucky Fried Chicken site, subject to the approval of the Community Development Director. \ PAGE ELEVEN - CITY COiTNCIL MINUTES - APRIL 14, 1998 22. Declaration of Nuisance - Weed Abatement Program. (F:166.1) City Manager Watenpaugh e~lained that this is part of the e~usting weed abatement program and part of the annual requirements. He noted that to date over 5,000 vacant property owners have been noticed and this is the time to receive protests or comments. He further noted that the intent is that the City does not want to do the abatement and that is the reason for the lugh administrative fee. Mayor Pape opened the public hearing at 7:41 p.m. asldng those persons interested in this item to speak. Hearing no one the public hearing was closed at 7:41 p.m. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH THE PROCESS SINCE NO OBJECTIONS WERE PRESENTED. BUSINESS ITEMS 3 L ('nmmQr~;al Project No C 98-1 "Chevron Products Com~any" at 31640 Mission Trail. (F:58.2) City Manager Watenpaugh explained that this is a design review request for construction of a mini-market and remodel of an existing gasoline service station in accordance with the requirements of the Lake Elsinore Municipal Code. He noted that the Plamiing Commission approved the project at their meeting of April l, 1998. He stated staff recommends approval of Commercial Project No. C 98-2, based on the recommended Findings and Conditions of Approval. He further noted that the project site is located within Redevelopment Area No. 1, therefore it is recommended that the RDA concw with the City Council action. Councilwoman Brinley asked if the applicant agrees with the Findings and Conditions of the project. Community Development Director Brady stated that the applicant concurs. Councilman Alongi questioned the drainage and noted that all drainage flows onto Mission Trail and directly into the San Jacinto River. He asked if there is going to be some type of recapturing system used so that when the puxnps are washed down it can be recaptured, pumped and carried away. Jim Forgey of RHL Design, 1201 South Beach Blvd., La Habra, architect for the applicant, stated that the drainage of the site will not be altered, however there will be no drainage going across the island where fuel is dispensed. He noted that the drainage will go around the island and flow to a catch basin which is already on the site and from there into the street. ~A9U~E TWELVE -~ITY COUNCIL MINiTfES - A~PItIL I~1; ~T998 Councilman Alongi stated that he is familiar with the area and noted in the last storm he visited the site with the Water District and there was run off coming from the station which contained oil and gas. He further noted that it drained off of the drive way, down to the gutter and into the San Jacinto River. He stated his concern that when remodeling is done the water should be captured rather then sending it down the gutter and into the River. He explained that the City is trying to address a plan for the Lake and every little bit of waste contributed is hurting the Lake, whether it is Chevron or one of the other gas stations because in the long run it all adds up to pollution in the Lake. He stressed that if they are going to enlarge the facility then there are going to be more vehicles using it and asked if they are going to develop a program to address the drainage and send it to the sewer rather than the Lake. Mr. Forgey stated that the run off will be going to the catch basin and then to the storm drains and will not go to the street. Mayor Pro Tem noted the additions to the Conditions of Approval which address prohibiting the sale of alcoholic beverages with the exception of beer and wine as well as no advertisement displayed and other conditions which address the sale of beer and wine. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. C 98- 1"CHEVRON PRODUCTS COMPANY" AT 31640 MISSION TRAIL WITH THE FOLLOWING FINDINGS AND CONDITIONS. FINDT_NGS 1. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant environmental impacts. -- 2. The project, on its own merit and within the context of its setting and as proposed and conditioned, complies with the Goa1s, Objectives and Policies of the General Plan, and the Zoning District in which it will be located. 3. That the requested use, as proposed will not be detrimental to the general health, safery, morals, and welfare of the persons residing in the neighboring area of the City. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evide~ice 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. PAGE THIRTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 PLANrTING DIVISION CONDITIONS 1. Design Review approval for Commercial Project No. 98-1, and Conditional Use Permit No. 98-1 will lapse and be void unless building perxnits are issued within one (1) year of City Council approval. An e~ension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial approval upon application by the developer one (1) month prior to eapiration. 2. These Conditions of Approval shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 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 or designee. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Plavning Commission through subsequent action. 4. A five (5) foot block wall shall be consiructed at the northerly and westerly boundary line. 5. Materials and colors depicted on the elevations shall be used unless modified by the Community Development Director or designee. 6. The directional sign located at Casino Drive shall be repaired or replaced to the satisfaction of the Community Development Director or designee. 7. The handicap space shown on the plot plan shall be moved to the west end of tlus parking space area in front of the mini-market or to a location agreeable to the Community Development Directar. 8. Applicant shall meet a11 Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 9. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 10. Meet all Riverside County Health Deparhnent requirements. 11. Meet a11 Riverside County Fire Departrnent requirements per memorandum dated March 3, 1998. 12. No outdoor storage sha11 be allowed. 13. Trash enclosures shall be constructed as illustrated on the approved site plan PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 and per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 14. 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. 15. Applicant shall use roofir-g materials with Class "A" fire rating. 16. 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 (Mission Trail or Casino Drive). 17. All exterior down-spouts sha11 be constructed within the interior of the building or concealed from public right-of-way view. 18. 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 finallandscape approval based on the Consultant's fee plus forty percent (40%). a) All planting areas sha11 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 t.hirty feet (30) apart and at least twenty-four-inch (24") box size where appropriate. On areas where screening is necessary, trees sha11 be at least thirty six-inch (36") box size. Location and size of trees is subject to the Community Development Director or designee's approval. c) All planting areas shall be separated from paved areas with a sis 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 tbirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% pazking lot shading in fifteen (15) years. fl Any transformers and mechanical or elecirical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. \ PAGE FIFTEEN - CITY COiTNCIL MINUTE5 - APRIL 14, 1998 g) The landscape plan sha11 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 approvaUacceptance; 20% may be refunded after acceptance and 100% will be held for one year for material and labor. 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. 19. All e~rterior on-site lighting shall be sluelded 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. 20. 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. 2L Trailers utilized during construction shall be approved by the Plaruinig Division. 22. On-site surface drainage shall not cross sidewalks. 23. Parking stalls shall be double-striped with four-inches (4") lines two-feet (2') apart. 24. Painted arrows on the asphalt shall be located at all internal one-way drive aisles. 25. Decorative pavement shall be provided at the entrance of the two (2) driveways on Mission Trail Road to the satisfacrion of the Community Development D'uector or designee. 26. Prior to issuance of building permits, the applicant sha11 sign and complete an "Acknowledgment of Conditions" and sha11 return the executed original to the PAGE SIXTEEN - CITY COiTNCIL MINUTES - APRIL 14, 1998 Community Development Division for inclusion in the case records. ENGINEERING DIVISION 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 28. Dedicate underground water rights to the City (Municipal Code, Title 16, Chapter 16.52.030). The document can be obtained from the Engineering Division. 29. Pay all Capital Improvement and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution 85-26). 30. 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. On-site drainage shall not be directed to flow across the fueling island. 31. The applicant shall incur all costs to provide a traffic study prepared by a traffic engineer fiunishing mitigation measures if feasible regarding channelization and striping for the elcisting driveways on Mission Trail Road in the vicinity of Chevron prior to building permit. All costs resulting from mitigations, including restriping along Mission Trail sha11 be incurred by the applicant. 32. The approval for the sale of alcohol sha11 be limited to the sale of beer and wine only. No general (distilled) alcoholic beverage sales sha11 be permitted. 33. No beer or wine shall be displayed within five (5') feet of the cash register or the front door unless it is a permanent affixed cooler. 34. No advertisement of alcohol beverages shall be displayed at motor fuel islands. 35. No self illuminated advertising for beer or wine shall be located on buildings and windows. 36. Employees on duty selling beer and wine sha11 be at least 21 yeazs of age. 37. Window area can not be obscured with posters and advertising to the point that police patrols will not be able to see into the food-mart. 38. No onsite consumption of alcohol shall be allowed. PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 32. Library Report.(F:98.1) City Manager Watenpaugh noted that Mr. Stahovich of Supervisor Buster's office was expected to be here, but was not present. He noted an error in the staff report and indicated that the $220,000 figure should have been $178,000. He advised that this item was intended to be an update on the status of the project in the Wells Fargo Building, and in that vein it was moving forward. He fiuther advised that staff was negotiating to own the building, but since that time staff is recommending that the County own the building for the first three years; at which time the City could purchase the building at the current value, less credits for the library fees expended. Mayor Pro Tem Kelley noted that staff pushed hard to own the library, and negotiations have gone very well, with e~ensive discussion of the advantages and disadvantages of ownership. She expressed understanding of the County position and stressed the future ability to purchase the library at the rate the County paid for it. She noted that staff is still working hard to discuss the e~usting facility and the potential for future use by the Sheriffs Deparlment. She urged Council to allow the City Manager to continue to negotiate a contract subject to the proposed conditions; as they will accept the liability and today's price is locked in. Mayor Pape concurred that this would be a win-win situation. He noted that the City money comes from the developer fees for the library; and he would not want to lock in at three years, but would agree it should occur when adequate funds are collected. Mayor Pro Tem Kelley noted that the operational costs will be equally divided with the County. Councilman Alongi quesrioned the advantages and disadvantages of owning the building. He indicated that he did not see the advantage of owning the building, but suggested that potentially the dollars could be used to expand the facility in the future. Mayor Pro Tem Kelley responded that the major concem was since LSSI has never operated before, and some cities are pulling out of the system; should the contract fa11 apart later, the City should have the option of owning a City library. She concurred that there is no advantage to owning it now, but she would want to retain the option should the arrangement change. Councilman Alongi concurred with the Mayor and suggested a ten year option rather than a three year option, to see what the community will do in that time frame. Mayor Pro Tem Kelley indicated that she would be delighted to pursue this fiuther; but noted that the County mentioned three years because of the ATM agreement and short term plauning. Councilman Metze concurred with Mayor Pro Tem Kelley that three years was a miuimum length of time, and not a big deal. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 UNANIMOUS VOTE TO REAUTHORIZE THE EXPENDITURE OF THE CITY'S LIBRARY CAPITAL FUNDS FOR THE JOINT CITY/COUNTY LIBRARY FACILITY; APPROVE THE COUNTY'S OWNERSHIP OF THE FACILITY AND DIRECT STAFF TO WORK OUT AN AGREEMENT FOR THE CITY TO PURCHASE THE FACILITY IN THE FUTURE, IF DESIRED; AND PROCEED WITH DISCUSSIONS ON THE USE OF THE OLD LIBRARY FACILITY FOR THE SHERIFF'S DEPARTMENT AND COURT. ITEMS PULLED FROM CONSENT ALENDAR 9. Cooperation Agreement Concerning Stadium Lease. (F:134.7)(X:134.10) Councilman Alongi indicated that he pulled this item so the public could know about the arrangement of leasing the stadium to TMC. He fiu~ther ~ indicated that he voted for it to see what they could do, but the City is still obligated and not out of the woods. He noted a clause with regazd to advancement of funds and indicated that the Ciry is still involved with money going there. He stressed that it is not a win-win situation, but it is a very complex agreement with them. He indicated that it is a gamble because the City put the money in, hoped for success; but is still holding part of the problems. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COOPERATION AGREEMENT, AUTHORIZE THE MAYOR AND T~IE RDA CHAIRWOMAN TO EXECUTE THE AGREEMENT, AND AUTHORIZE THE CITY MANAGER/ EXECUTIVE DIRECTOR TO TAKE SUCH OTHER ACTIONS AS MAY BE REQUIRED TO IMPLEMENT THE PURPOSES OF THE COOPERATION AGREEMENT. . 10. ~p.proval of Oiitclaim Deed in Fa~or of the Redevelo}~ment Agency, ~ Pursuant to the Stadium Lease. (F:132.1)(X:134.10) ~ Councilman Alongi indicated that he is opposed to this move and indicated that it is favoring the RDA as the sole owner; and stressed that the funding for this facility was by the City. He expressed concern with the material presented regarding the title policy. He indicated that if something happens to the RDA, he wants the City to have the option to take it back over; and expressed concern with signing away rights, noting the closures of other City facilities. He elcpressed opposition to any kind of a release from the City's ownership, as the City has a responsibility to hold on to the facility. He stressed the need to retain a fighting chance and its interest in the Stadium. He indicated that he understands the intent, but he does not agree with the verbiage on the grant deed. City Attorney Leibold clarified that this is a clerical correction for the title PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL 14, 1998 policy company, as they require no exceptions on the title report. She clarified that the existing exception relates to a 19941ease from the PFA to the City, and that lease is no longer in effect as it was terminated in connection with the bonds. She e~lained that this is an effort to expedite the process and does not release the City of a public interest in the Stadium. She also noted that in the event the RDA is terminated, all obligations and assets of the Agency would be inherited and assumed by the City. Councilman Alongi reiterated that he deals in a lot of properiy, is not here to debate, and will only bring the facts. He stressed that the City is still responsible for a$1.2 million payment on the ball field next year and has a vested interest. He indicated that he would not vote to allow this move and stressed that the Public Finance Authority is the City and all agencies are intertwined. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE TO APPROVE THE QUITCLAIM DEED IN FAVOR OF THE AGENCY, AND AUTHORIZED RECORDATION. THE CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:10 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Cluis Hyland, 15191 Wavecrest Drive, noted article in the Press Enterprise regarding "Official's Retirement Raises Quesrions". She questioned the funds to be paid for accrued vacation time and sick lea~e, and indicated that it does not malce sense. She questioned why the Council would not pay him off and let him go on his way, and suggested an ulterior motive. She read the City policy with regard to accrual of benefits and addressed negotiations by Councilmembers Pape and Brinley, and suggested that the informafion was presented differently. She further noted the undated memo and indicated that it was never seen by the rest of the Council. She suggested the existence of a violation of the Brown Act and noted that proper agencies would be investigating the situation. Lorre Brevaleri, indicated that she was present to bring up lawlessness; and noted that she has done her homework about landlords and tenants. She noted the lawlessness of judges and courts and stated that she is separating herself from the laws of the land, or God's law. She indicated that the leaderslup is ridiculous and not working. Kay Dowdy, resident of Lake Elsinore for nine years, indicated that she was very upset to read that Ron Molendyk received $90,000 in vacation and sick leave pay and still has $60,000 to go. She further indicated that Mr. Molendyk was the highest paid City Manager in California, making even more than the Governor. She PAGE TWENTY - CITY COiJNCIL MINUTES - APRIL 14, 1998 noted that State workers have not received a raise in four years and questioned what the City Manager's job responsibilities are, explaining that she thought they were supposed to promote the City and draw business. She predicted future business closures including the Oudet Center, noted the lack of attendance at the Diamond and noted the low property values. She commented that Mr. Molendyk is working 20 hours a week for the City of Pems for $80,000 and detailed how "regulaz" residents are living, based on her personal circumstances. She further express concern with Mr. Molendyk's ability to hold a gun pernut. Linda Nanetti, resident of Cimmarron Drive, addressed the Sun Tribune article about the Council suing LAFCO, and eapressed concern that the City would interfere with the Cleveland Ridge community. She indicated that they do not need the problems associated with the City of Lake Elsinore. She suggested that the residents in that area are basically self-sufficient, and have no reason to be taken over by a city with so many problems of its own. She expressed concern with the Redevelopment Agency that homes are not being cleaned up and suggested that there needs to be proof that the program is working the way it was intended. She suggested that the RDA should get away from the use of City funds and keep the two agencies separate. Gary Grant, 27068 Jarvis Street, chief proponent for the Meadowbrook Community of Interest, addressed the LAFCO lawsuit; and indicated that he has no objection to the action if the City needs to clear the air and ascertain the rights of the citizens. He stressed that they are neighbors to the City and will continue to be neighbors of the City and review the acts of the City Council. He indicated that lus concerns with the City are based on the indebtedness and the level of services; and are nothing against the City or the members of the Council. He indicated that the North Peak was a prime example of the City stripping people of their financial benefits of holding property, noting that deannexation of those properties was requested. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS No Comments. CITY COUNCIL COMMENT Councilman Alongi commented on the following: 1. Thanked former Councilman Bill Starkey for his service to LEAF. He noted that he has served on LEAF's Executive Board and knows how important it is to spay and neuter the animals to sa~e lives. He noted how important cat licensing is. He thanked all the people that work at LEAF. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 14, 1998 2. Stated that people do not need a college degree to have property knowledge. He noted that his family has been involved in property for appro~umately 100 years. He noted that the Mayor belittles him because he does not have a college degree, however it is not necessary to know property and he owns more property than anyone else on Council. 3. Thanked Mr. Trout for his letter stating lus concerns, to the Army Corp of Engineers regarding the Liberty Project. 4. Stated that Mr. Molendyk was a lrnowledgeable City Manager and did a good job for the City, however he was paid to do a good job. He noted that he has nothing against Mr. Molendyk as far a doing a good job for the City of Lake Elsinore for 13 years. He commented on an article in the Sun Tribune regarding the Federal Budget and Mr. Molendyk compared this to the City of Lake Elsinore stating that he left with a balanced budget. He noted that this is not accurate since the City now has a large debt with payments we cannot make. He noted that the debt does not make a balanced budget. He stated his objection to Mr. Molendyk accruing vacation and other beneflts wlule he was collecting past accrued vacation. He stated that he feels that Mr. Molendyk is not entitled to accrual of further sick benefits and vacarion time because he was under the same agreement as the other City employees. He ~~ noted the Rules and Regulations of City Employees regarding vacation and sick leave which Mr. Molendyk's contract calls out. He stated that it is not the Mayor or City Attorney's job to be sure that everyone is taking their vacation and it is the City Manager's job to take his vacation. He stated that he felt it was a breach of contract. He noted that the Mayor and Councilwoman Brinley entered into an agreement with Mr. Molendyk on a Memo and not a contract. He fiuther stated that if they wanted the Memo to be part of the contract then it should have been brought back to Council for considerarion. Councilman Alongi stated that he had no laiowledge of the Memo and neither did Mayor Pro Tem Kelley. He stated that Mr. Molendyk assured him that this would allow him to contribute lus time to the City to a11ow the City to pay off what is owed and would cost the City nothing. He sh~essed that nothing was said about additional money to be paid to Mr. Molendyk and he would not have voted for this action. He noted that there are facilities in the City that aze still closed and he could not feel justified in paying more money while we cannot operate City facili6es. He noted that the extra cost is approximately $30,000. He stated his objection to Mr. Molendyk working for the City of Perris since he feels that he will be taking ' a11 of the good from Lake Elsinore and giving it to that City. 5. Noted that this Council will not go to the reserves for the Fire Station or Community Center however they have gone to the reserves for payment of Bonds from CFD's and related costs. He noted the total cost is over $1 million for CFD's direcdy paid from the reserves. He noted the cost of the fencing for the parks and the cost of the parks from the reserves. He stated that when it benefits someone else Council will use the reserves, however PAGE TWENTY-TWO - CITY COiTNCIL MINUTES - APRIL 14, 1998 when it would benefit the taY payers then they will not pull from the reserves. He stated that the Community Center should be opened to prevent vandalism. He stressed that the Council has borrowed from different accounts to balance the budget and he asked when those account would be paid back. 6. He noted that he goes back to court in June and stated that he will fight and the only way he will be taken off Council is by the voter. He stated that no one else will remove him. 7. Stated that he is not in conflict with 107 East Graham. He stated that approving or disapproving a project does not guarantee his rent. 8. He stated that it was lus pleasure to be with the kids on Students in Government Day. He noted that it is important to tell the huth, since they need to know that being on Council is not all glitter and glamour. He stated that there are faults in the City and they need to be corrected and that is not done by misleading the public or any part of the Council. 9. He stated that the race is coming up in June and Council does not have a race car. He challenges the Council to put up one month of their salary at $300 each towards purchasing a velucle and the City could put up the rest of the money to facilitate the City participating in the car race. He stressed that this is one of the best things that the Chamber has done to bring people together and it is a lot of fun. City Manager Watenpaugh stated that Mr. Molendyk's letter to Council was a request for them to consider his ability to retire and be retained on payroll as Special Projects Manager through May 1. He noted that there was nothing in lus letter that stipulated that stated that he was retired on July 1. He noted that it did state May 1, and was a request for a change in status. He noted that the City Manager does have the ability to do that since he was on contract and does not have to comply with all of the rules and regulations that is in the MOU. He fiuther noted that he does have the ability to negot~ate. He explained that is what he asked of Council and it was discussed and Council concurred by a 4-0 vote in Closed Session. He stated that a severance package was negotiated, which was Mr. Molendyk's right and an amount of $29,000 was agreed upon. He stated that the question of accrued benefits is not in question since he was functioning as a Special Projects Manager. City Manager Watenpaugh explained that yes the City has taken money over a sis year period from the reserves to subsidize the CFD's. He noted that it was not required, however it was part of a financial strategy that Council Approved in an effo:t to reestablish our financial problems. He noted that the market was not in L~1cP Elsinore and the City overextended, however the City has a new financial team and the $500,000 loan and the other loans will be recovered through our financial strategy. He noted that $300,000 was borrowed from the Library Fund and $50,000 from the Park Fund and although there has been no time line set, the monies will be repaid. ~ ~ \. PAGE TWENTY-THREE-CITY COUNCIL MINUTES-APRIL 14, 1998 Mayor Pro Tem Kelley commented on the following: 1. Addressed the issue of the Community of Interest and noted that the process of the democratic principles. 2. Thanked the students that shadowed her during Students in Government and noted one of her students is on the Student State Board of Education. She noted that during the day they had the opportwuty to be on the Lake and almost rescued a skydiver who had fallen in the Lake, however the volunteers on the Lake got to him first. She stated that the whole Government Day is wonderfiil and encourages the youth to take an interest in their community. She noted that it sparks their enthusiasm for all governmental processes and is benefit to a11 of us, as well as definir-g the future. She stated that she hopes that they had fun, because she certainly did. Councilwoman Brinley commented on the following: 1. Addressed the Communiries of Interest and stated that if they do not wish to be annexed into the City, then they will not be annexed, however the City is defending our Sphere of Influence. She explained that if there was a business , that wished to develop the other side of the City Limits and wishes to annex ' and be a part of the City, they should be able to have the right to do so. In the instance of the COI, it creates more hurdles that a developer must jump through for approval to develop their property as part of the City. She stressed that is the only thing that the City is asking to maintain. She fiirther explained that this gives the right for anyone who wishes to annex into the City to do so. She noted that the City does not wish to absorb the problems of Cleveland Ridge, however the City does wish to have the right to a11ow annexation if the property owner wishes to do so, therefore that is why the City is taking legal action. She further noted that of the nine COP s that LAFCO has approved, five adversely affect Lake Elsinore. She noted that there are no other LAFCO's in the State that have created COPs and this LAFCO is setting precedents through their actions, and therefore the City must take action to secure our Economic Development. 2. Asked the City Attorney to address Mr. Molendyk's contract and noted that the City was not in violation of the Brown Act. City Attomey Leibold concurred that there were no Brown Act violations. ' She stated that there was a Closed Session, personnel discussion in 1997, that was appropriately noticed and the scope of the discussion was based on the parameters of the Brown Act. She noted that there was another item that was listed for Closed Session and was not discussed, therefore there was no Brown Act violations. Councilwoman Brinley stated that she felt that it was necessary to have issues clarified because there are people in the community making false acquisitions PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-APRIL 14, 1998 and she wanted the entire community to have the facts. She noted that is the purpose of having a City Attomey present at Council Meetings for both the Meeting and the Closed Session is to advise Council so they are not in violation of the Brown Act. 3. Noted that the circus will be in Lake Elsinore on Saturday, the 18th, with performances at 2:00 p.m. and 6:00 p.m. 4. Stated that if someone in the community has an announcement or event that they would like to have announced, please let her know and she will be happy to help. 5. Bob Johnson asked that she announce that Tuscany Hills is having a Community garage sale on Saturday, Apri125, with garages opening their doors at 7:00 a.m. She noted that 45 homes participated in the last garage sale and signs will be posted at key intersecrions throughout the community to direct the public to the key homes. Each sale will close at the homeowners discretion. 6. Thanked the students that participated in Students in Government Day and stated her pleasure in seeing that they are up on current events within the City. She thanked the parents of the students for doing a good job. Councilman Metze commented on the following: 1. Noted his enjoyment he experienced working with the students from Students in Government Days and stated his appreciation of the kids that participate in Students in Government Day as well as Student of the Month. He stated that he felt that we are in good hands for the future due to the quality of the kids that he sees participate in these programs. 2. Noted the amnesty program through LEAF for the licensing of cats and dogs. He explained that the program will be for the ne7ct couple of months and for those people that have not licensed theu cats and dogs, they may do so without a fine. 3. Commented on the Community of Interests and stated that the City's action will be through the California Environmental Quality Act because the City does feel that the Community of Interests are creating an environmental impact on the City. Mayor Pape commented on the following: 1. Thanked the students who following him for the day and commended the program. PAGE TWENTY-FIVE-CITY COiTNCIL MINUTES-APRIL 14, 1998 someone has an animal that they cannot care for any longer or a stray, they can take it to LEAF without charge, however they will gratefully accept any donations. CLOSED SESSION None. ADJOiJRNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:00 P.M. _ Ge~ ~' VIN W. PAPE, MAYOR CITY OF LAKE ELSINORE AT EST: ~ ~~~~~~~, VICHI KASAD, CITY CLERK CITY OF LAKE ELSINORE