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HomeMy WebLinkAbout01-11-2000 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 11, 2000 ~*~*~~~~~:~~~~~*:~~~*:~~*:~~:~:~*:~~:~~~~~:~~~:~~~**:~~~~~:~~~*~~~*~~~*~~~~~:~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION The Invocation was provided by Pastor Martin Boyd, representing Lakeview Chapel. ROLL CALL PRESENT: COiTNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE Also present were: City Manager Watenpaugh, City Attorney Leibold, Assistant City Manager Best, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, City Treasurer and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 6 and 21. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 6. PAGE TWO - CTTY COiTNCIL MINUTES - JANUARY 11, 2000 MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BX UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE'TgIE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - December 14, 1999. b. City Council Study Session - December 16, 1999. c. Regular City Council Meeting - December 28, 1999. d. City Council Study Session - January 5, 2000. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - December 1, 1999. (F:60.3) f. Design Review Committee Meeting - December 1, 1999. (F:60.4) 2. Ratified the following Warrant Lists: (F:123) a. December 15, 1999. b. December 30, 1999. Received and ordered filed the Investment Report - November, 1999. (F:12.5) 4. Rejected and referred to Claims Administrator the Claims Against the City submitted by Eleanor Martinez (CL #99-21); Robert & Joan Anderson (CL #99-22); Nancy Lee Vollborn (CL #99-23) and Anthony Adams (CL#99- 25). (F:52.2) 5. Approved Request for No Parking on Lake Street at Mountain Street - Resolution No. 2000-1. (F:112.1) RESOLUTION NO. 2000-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. PUBLIC HEARING 21. Desi~n Review Miscellaneous No. 99-6 -"Lamb's Fellowship Church'° at 21990 Railroad Canyon Road. (F:60.1) City Manager Watenpaugh introduced this item. Community Development Brady highlighted the proposed project, and detailed the proposed location and phases of the proj ect. He noted some concerns raised regarding the amphitheater and advised that a sound study was completed and included with the negative declaration to address the noise impacts. He further advised that the project will remain within acceptable noise limits. He indicated tkiat the study met with the satisfaction of the Planning PAGE THREE - CITY COUNCIL MINUTES - JANUARY 11, 2000 Commission. He further indicated that the applicant agreed to install a traffic signal at the entrance to the site with them paying the full cost until the development across the street is completed, at which time they would be ~ reimbursed. He noted a concern with regard to the magnitude of the on-site landscaping requirements; and clarified that the requirement had been revised to allow them to work with the Community Development Department to place appropriate xeriscape on the site. He noted another concern with regard to dedication of water rights, which is a standard condition in project reviews, as required by the Municipal Code. He clarified that at this point in time staff is reviewing the requirement with the City Attorney. He advised that the third issue pending was the applicant's request to defer public improvements until other improvements are installed adjacent to their site; and noted that the Planning Commission recommended no deferral. Mayor Brinley opened the public hearing at 7:15 p.m. asking those persons interested in this project to speak. The following people spoke: Anthony Polo, Avalon Consultants, P.O. Box 2497, Temecula, thanked Community Development Director Brady for all of his help and stated that they still have two remaining issues. He noted that when his firxn ' approached the City and investigated the proposed site, it was found that the site had previously been approved as a tract and was exempt from a traffic signal. He stated that his firm assumed that if the impacts to the site were kept below the original site use, they would also be exempt from providing a traffic signal, however due to excessive speeds on this roadway a traffic signal was necessary, therefore due to the excessive cost of the signal he was asking that some of the larger cost items be deferred to phase 2. He indicated that Condition No. 46 addresses curbs and gutters and since the surrounding areas are not ready to develop, he asked that Council defer this item until such time as the surrounding property develops or to Phase 2, which would allow the church to more easily fund the Traffic Signal. He questioned the need to dedicate the water rights and asked to have this condition modified until his firm can work out the issue with the City Attorney, without holding-up the project. He indicated that Condition No. 21 requires the project to connect to sewer and since the project is over 200 feet from a sewer line, it has been agreed upon by the Health Department and EVMWD to allow septic and the condition should reflect this. Mayor Brinley asked if any one wished to speak in opposition. Dan iJhlry, P.O. Box 272, stated his concern regarding the use of a septic tank since that area is one of the main draining areas to the Lake. He noted the size of the facility and indicated that if they were to get a maj or leak, it would go straight to the Lake. Mayor Brinley asked if any other person wished to speak. Hearing no one, the public hearing was closed at 7:20 p.m. PAGE FOUR - CITY COUNCIL MINUTES - JANUARY 11, 2000 Mayor Pro Tem Pape stated that he agreed with Mr. Uhlry and asked what impact a septic system would have on the environment, and what are the chances of the wastewater leaching into the creek bed and ending up in the Lake. City Manager Watenpaugh stated that staff does not have a grading plan to show what the elevations are for the site. Community Development Director Brady explained that the site is more than over 200 feet from an existing sewer line and it does make them eligible for septic. Mayor Pro Tem Pape questioned the elevation of the septic system. Community Development Director Brady stated that they have not had the opportunity to examine that item at this time and he has not had the opportunity to discuss this with the County Health Department. Mayor Brinley stated that the City will need letters of certification from the Health Department and EVMWD to certify that the site is more than 200 feet from an existing sewer line and asked if those letters have been submitted to the City. Community Development Director Brady stated that they have not. Mayor Pro Tem Pape stated that he wants to see the curbs and gutters done and would consider waiting until the start of the second phase. He asked what purpose a Youth Barn will be used for. Mr. Polo stated that it would be used as a separate meeting place for such things as 4-H activities and storage. Mayor Pro Tem Pape questioned the noise factor and the time. City Manager Watenpaugh stated that it was agreed to restrict the hours of operation to 7:00 a.m. to 9:00 p.m. seven days a week. Community Development Director Brady stated that the time set was agreed upon between the applicant and Planning Commission, however the Noise Ordinance would still apply regardless of the hours set. Councilwoman Kelley questioned the time line for Phase 1& 2. Mr. Polo stated that Phase 1 would start as soon as they get approval for their grading plans and Phase 2 will start in approximately one year, or when the conjuration grows out of Phase 1. Councilwoman Kelley stated that this brings her back to her concern regarding the improvements and when they would be done and could take 5 to 8 years or more. She stated that she did not want to see this occur and would like to see the street improvements done in a timely manner. Mr. Polo requested that the Condition should allow for improvements to be done during Phase 2 or when other developments occur. Councilwoman Kelley stated that she does not have any problems with the design or landscape changes, however she was concerned regarding the time when Phase 2 would begin and noted that the City has experienced problems with improvements not being done for years, since the development of the second phase is delayed or does not happen at all. She noted that there are some outstanding issues regarding the water rights and should be addressed to the City Attorney. She stated that she is not flexible regarding the sewer since the volume of people that could use the site and could create a real problem with leaching. Mayor Brinley asked that the City Attorney address the Water Rights. City Attorney Leibold stated that they are continuing to evaluate this condition. She stated that the item can be continued until the Water Rights issue is resolved, or the Council can proceed with a deferral to the City Attorney's ~ .;rta s~ i~§'t~ :~`4. a , . . . PAGE FIVE - CTTY COUNCIL MINUTES - JANUARY 11, 2000 office for a finding on the Water Rights Condition No. 40. Councilwoman Kelley asked if the applicant has been in contact with EVMWD regarding the sewer connection. Mr. Polo stated that he has met with EVMWD's staff and they agreed that, due to the location of the site, a septic system would be appropriate if the Health Department approved it. He explained that the Health Department did not have a problem with septic, because of the limited amount of hours that the facility will be in use. Councilwoman Kelley asked how often the amphitheater would be used. Mr. Polo explained that the amphitheater would not be used as a separate facility, but rather as an alternate to using the sanctuary. He noted that on nice days it would give the pastor the opportunity to hold services outside in the amphitheater, rather than indoors. He noted that they would have to apply to Community Services Director Sapp for any extra events that would propose to be held at that site, which is a safeguard for the City. Mr. Polo explained that the applicant agrees to put a two-year time limit on the development of the curb and gutter and should they not start Phase 2, they will proceed with the construction of the improvements. Mayor Brinley asked if the applicant has done sample percolation of the property. Mr. Polo stated that he has not, however he has walked the property with the Health Department and he felt that it would not be a problem. He noted that they would have to provide a percolation test and a certification prior to proceeding with a septic system. Mayor Pro Tem Pape suggested that the final approval of the project would include the production of a certification of a percolation test. He stated that in that way the City can be sure that the property will percolate, but also there will be no seepage problems. Councilman Schiffner asked what reason does the applicant have regarding dedicating the Water Rights. He asked if they were planning to drill a well. Mr. Polo stated that there will be over 10 acres of landscaping on the site and the cost of irrigation will be quite high, and they have approached the Water District regarding the construction of a well. Councilman Schiffner stated that he would be in favor of not requiring Water Rights if a well were drilled to use for irrigation. He stated that the issue regarding the sewer is not just a fact that it is over 200 feet, but access is across the river and would be very difficult to connect. He noted that he shares Council's concern regarding the seepage of wastewater, however the cost to connect to the e~sting sewer would be prohibitive. He noted that the City does not expect anyone else to build on that side of the road for sometime to come and if the City delays the improvements the City always has the right to revoke the Conditional Use Permit if the conditions are not met. He noted that he does not have a problem with delaying the improvements for a set amount of time. Mayor Brinley stated that she does have some concerns regarding the percolation of the property, since they have not come forward with a letter PAGE SIX - CITY COUNCIL MINUTES - JANUARY ll, 2000 of certification. She further stated that she would like to have that entered as part of a condition. She noted that she would be in favor of a deferral of 2 years for public improvements for financial reasons. She noted that she has no problem with the applicant drilling a well for landscape irrigation. She stressed the need for the letter of certification. There was general discussion regarding the Water Rights. City Attorney Leibold explained that Councilman Schiffner suggested that the City waive the Water Rights in lieu of a well to be used for landscape irrigation. She noted that the option is available to Council. She further noted that the larger question to the appropriateness of this condition in connection with this action. She explained that her preliminary determination that this relates specifically and exclusively to subdivisions and it is an inappropriate condition in this case. City Attorney Leibold stated that she would be available to do further review and bring her findings back to Council. Mayor Brinley stated that she felt that Council should defer this condition to the City Attorney's Office until she can make a final review and recommendation. Councilman Schiffner stated that it would be to the applicant's benefit to have a percolation test first, because they cannot build anything without it. He cautioned the applicant to take this action first. City Attorney Leibold clarified that that the public improvement condition must have a clear date for start time. Mayor Pro Tem Pape stated that it should be 2 years from the issuance of the building permits for Phase l. She explained that only if the Council wished to retain the Condition for Water Rights would she have to do a review, however if the Council wishes to eliminate the Condition, Council is within their authority. MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE NEGATIVE DECLARATION AND THE DESIGN REVIEW MISCELLANEOUS NO. 99- 6"LAMBS FELLOWSHIP CHURCH AT 21990 RAILROAD CANYON ROAD WITH FINDINGS AND CONDTTIONS OF APPROVAL AND AMENDMENTS TO THE CONDITIONS OF APPROVAL AS FOLLOWS: A LETTER OF CERTIFICATION FOR PERCOLATION PUBLIC IMPROVEMENTS MUST BE CONSTRUCTED WITHIN TWO YEARS OF THE ISSUANCE OF BUILDING PERMITS ON THE FIRST PHASE. WAIVE 'Y'HE REQUIREMENT FOR THE DEDICATION OF WATER RIGHTS TO THE CITY. ye r PAGE SEVEN - CITY COUNCIL MINUTES - JANUARY 11, 2000 FINDINGS 1. As conditioned, the request complies with the criteria established for churches located in the Residential Zone. 2. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 99-6 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 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. 4. That this proposed use, on its own merit and within the conte~ of its setting, is in accordance with the Goals, Objectives, and Policies of the Lake Elsinore General Plan. Conditions of A~roval Conditional Use Permit No. 98-5 and Design Review M No. 99-6 shall become null and void unless appropriate permits are obtained and operations commence within one year of the City Council approval date. A one (1) year e~ension of time may be granted by the Community Development Director upon request by the applicant 30 days prior to expiration. 2. Hours of operation for outdoor activities with music or using a public address system will be between 7:00 AM to 9:00 PM seven days a week. Operation beyond these designated hours shall be approved by the Community Development Director on a case by case basis. The applicant shall be required to construct all landscaping, parking lot, and infrastructure and street improvements prior to release of Phase 1 Certificate of Occupancy. Phase 1 includes the construction of the Education Building and related infrastructure. Phase 2 includes the Sanctuary Building. 4. The use of an outdoor public address system or amplified sound devices shall be allowed, subject to the approval of the Director of Community Development. The proposed project shall be subject to the Mitigation Measures contained in Mitigated Negative Declaration No. 99-6. 6. The applicant shall secure all permits for improvements from the Building and Safety Division of the City of Lake Elsinore. 7. The applicant shall develop a Uniform Sign Program for the site which specifies harmonious and consistent colors, materials and specifications PAGE EIGHT - CITY COUNCIL MINUTES - JANUARY 11, 2000 which will enhance the project's design and meet the provisions of Lake Elsinore Municipal Code, Chapter. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including freestanding signs shall be by City Permit and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 8. All Conditions of Approval shall be met to the satisfaction of the Community Development Director or designee before Certificate of Occupancy is granted. 9. Any violation or non-compliance with the Conditions of Approval shall be cause for the revocation of this Conditional Use Permit. lo. Applicant shall sign and submit the "Acknowledgement of Conditions" statement to the Planning Division. 11. Seating and attendance for the church sanctuary shall be limited to a maximum of seats based on existing parking conditions. The Riverside County Fire Marshall and the City of Lake Elsinore Building and Safety Division may reduce the above number based on building occupancy pursuant to the Uniform Building Code (UBC). 12. These Conditions of Approval shall be reproduced upon Page One of Building Plans pric~r to their acceptance by the Division of Building and Safety. 13. 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 Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission ar City Council through subsequent action. 14. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. is. The applicant shall submit a lighting plan subject to the review and approval by the Community Development Director or designee. 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. 16. The applicant shall at all times comply with Section 17.78, the Noise Ordinance of the Lake Elsinare Municipal Code. 17. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. PAGE NINE - CITY COUNCIL MINUTES - JANUARY 11, 2000 18. Applicant is to meet all applicable City Codes and Ordinances including Federal American with Disabilities Act. 19. Project shall meet all Riverside County Fire Department requirements. 20. Project shall meet all requirements of EVMWD and Section 16.34.040 of the Lake Elsinore Municipal Code. Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. Project may be approved to install septic system upon submittal of a letter of certification for percolation from a Geotechnical Engineer and approved by the County Health Department and EVMWD. Sewer connection will be required at time sewer is available within 200 feet of the site. 21. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 22. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 23. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 24. 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. 25. Applicant shall use roofing materials with Class "A" fire rating. 26. 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. The screening plan if one is proposed, shall be approved by the Community Development Director or d~signee, priar to issuance of building permit. 27. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 28. The parking lot landscaping designs shall provide at least one (1) fifteen (15) gallon size tree for every ten (10) parking spaces required by, and subject to the approval of the City's Landscape Architect and Community Development Director or designee. 29. 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 PAGE TEN - CITY COUNCIL MINUTES - JANUARY 11, 2000 conventional irrigation methods. b. Applicant shall plant street trees at a ratio of one (1) tree per each thirty (30) lineal feet of street frontage. Street trees shall be a minimum of 15 gallon size trees. Street trees shall be selected from the City's Street Tree List. 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. f. Any transformers and mechanical ar electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor far two (2) years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years. 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 shall be consistent with approved site plan. k. Final landscape plans shall include planting and irrigation details. 31. 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. 32. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 33. Trailers utilized during construction shall be approved by the Planning Division. PAGE ELEVEN - CITY COiTNCIL MINUTES - JANUARY 11, 2000 34. On-site surface drainage shall not cross sidewalks. 35. Parking stalls ~~°~ shall be double-striped with four-inch (4") lines two-feet (2') apart. 36. Painted arrows on the asphalt shall be located at all internal drive aisles. 37. Prior to issuance of any grading permit or building permits, 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. 38. Decorative pavement shall be provided at driveways and crosswalks, to the satisfaction of the Community Development Director or designee. 39. 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. 40. Dedicate sufficient additional street right-of-way along the frontage of Railroad Canyon Road for a street R/W width of 116 ft. (58 ft half section) to the City prior to issuance of building permit. 41. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 42. Process and meet all lot line adjustment requirements prior to issuance of building permit. Provide quit claim grant deed for exchange of title. 43. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). 44. 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. 45. Construct all public works improvements per approved street plans (LEMC Title 12). Improvements shall be constructing within two years of issuance of building permits on the first phase or as part of phase two whichever occurs first. Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 46. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). PAGE TWELVE - CITY COUNCIL MINiTTES - JANUARY 11, 2000 47. 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. 48. The applicant shall furnish a signing and striping plan for Railroad Canyon Road along the frontage of the church, subject to the approval of the City's Traffic Engineer. 49. The applicant shall close the existing median opening on Railroad Canyon Road at approximate station 47+62 prior to certificate of occupancy. 50. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 51. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 52. If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a Cali£ 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. 53. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 54. Provide fire protection facilities as required in writing by Riverside County Fire. 55. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 56. 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. 57. 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. 58. Roofs should drain to a landscaped area whenever feasible. 59. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer priar to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. PAGE THIRTEEN - CITY COiTNCIL MINUTES - JANUARY 11, 2000 60. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. I 61. Riverside County Flood Control District recommends that the building pads be raised above the adjacent flood plain elevation and the dam inundation level. 62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan priar to issuance of grading permits. 63. Developer shall design and install a traffic signal at Railroad Canyon Road and the church entrance. The signal shall be operational at certificate of occupancy. The City shall enter into an agreement with the applicant for reimbursement for 75% of the cost of the signal for Phase 1, when Phase 2 is constructed then the reimbursement shall be 65% of the total cost. The reimbursement will occur when development takes place on the south side of Railroad Canyon Road which will use the signal at their entrance. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1056 - Fireworks. (F:104.1)(X:62.1) City Manager Watenpaugh noted that this is basically a housekeeping item. MOVED BY PAPE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1056 UPON SECOND READING BY TITLE ONLY: ORDINANCE N0.1056 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 8.52 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING FIREWORKS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COiTNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NONE METZE ABSTAIN: COUNCILMEMBERS: NONE 32. Bud~et Increase: Grape Street Median Closure. (F:30.1) City Manager Watenpaugh explained that this was a request for additional PAGE FOURTEEN - CITY COUNCIL MINUTES - JANUARY 11, 2000 funding to comply with the necessary closure of the median. He noted that this was the access to the Union 76 station, which was to be closed at specified traffic counts. He noted that the development had deposited $10,000 for the closure, but at this time the closure would cost an additional $5,950. Councilman Schiffner indicated that he had discussed this item with the City Attorney and upon reevaluation of the original agreement; there appears to be some ambiguity with regard to the intent. He suggested that the City would be best served by putting the additional money with the $14,000 from the developer; and noted that this work will probably be more significant than closure of the island. He stressed that it would be a hazard as long as it remains as it is at this time. Councilwoman Kelley noted that she had a legal issue, which the City Attorney had already clarified. MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO TRANSFER $5,950 FROM GAS TAX FUND TO THE PROJECT ACCOUNT TO COVER THE PROJECT COST. City Manager Watenpaugh noted that the dollars would come from the Gas Tax fund for street improvements, not the General Fund. 33. 26~' Year Communitv Development Block Grant Funding Request. (F:84.1) City Manager Watenpaugh requested report by staff, noting the study session and presentation. Community Services Director Sapp detailed the funding source, last year's allocation, this year's allocation of about $200,000, the filing deadline, and the seven applications received. He noted that there were $225,000 in requests, but only $200,000 available. He suggested approval of funding as follows: Curb, Gutter & Sidewalk Replacement Program $115,000 Code Enfarcement 55,000 Senior Center Services 25,000 H.O.P.E. Food Program 2,500 Assistance League of Temecula - Operation School Bell 2,500 Emergency Cold Weather Shelter p Alternatives to Domestic Violence 0 City Manager Watenpaugh noted that part of the reason a smaller amount was suggested was that there is a cap on the amount to be used for public services. Mayor Pro Tem Pape noted that a study session is held every year to review the applications and there are always many more requests than dollars available; but the proposed disbursement is the best possible distribution PAGE FIFTEEN - CITY COUNCIL MINUTES - JANUARY 11, 2000 with the funds available. Councilman Schiffner noted that he received an education at the Study Session on this topic, and the proposed distribution was determined to be the best way to spend the money. Councilwoman Kelley noted the recent Study Session and noted that it is always sad to find that it is not possible to fund all of the requests with the diminishing dollars available. She indicated that Council and the staff did the best they could with the funds a~ailable; and advised that she was very excited to have the e~ra money in Code Enforcement to allow for abatement of buildings which are a source of crime. She indicated that she was glad to be able to continue to fund HOPE and the Senior Center. Mayor Brinley questioned the reduction in funds since last year. Mr. Sapp indicated that this year the funding was about $200,000, while last year it was just over $211,000. Mrs. Brinley noted that there were a lot of good programs she would like to fund, but this is a situation with tough decisions. She indicated that she was pleased to be supporting HOPE and Operation School Bell. MOVED BY PAPE, SECONDED BY SCHIFFNER TO APPROVE STAFF'S ' RECOMMENDATION AND APPROVE THE 26Tx YEAR CDBG PROGRAM AS OUTLINED ABOVE AND DIRECT STAFF TO FORWARD THE REQUIRED DOCUMENTATION OT THE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY. Mayor Pro Tem Pape requested that additional funds be placed in annual budget for continued operation of the Senior Center at the present level. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 34. Report on Pronosed Skate Park. (F:64.2) City Manager Watenpaugh explained that staff is requesting direction from Council. He stated that there was an ad hoc committee formed which has had discussions regarding a resolution for skateboarders. He noted that there have been presentations from the City of Escondido, Vista and Temecula on their skateboard facilities and their costs, development and supervision. He noted that through the different meetings most cities that have built skateboard parks have formed focus groups to help with the planning and design. He noted the various costs involved, depending on the type of facility that Council wishes to consider. He stated that at this time staff is asking Council to consider forming a Focus Committee consisting of elected officials, city staff, business people, interested community members and skateboarders to continue discussions regarding site selection, design criteria and possible funding sources. He noted that skate parks do provide supervised places for the skateboarders and noted that although all of the PAGE SIXTEEN - CITY COi1NCIL MINUTES - JANUARY 11, 2000 skateboarders do not utilize the parks, a great number of them do. Councilwoman Kelley explained that there has been a desire stated by not only our community, but also the surrounding communities to develop a skate park. She noted that Mayor Cora Sue Barrett of Canyon Lake approached her to see if the City of Lake Elsinore would like to be in a partnership with them for a skateboard park. She explained that the City of Canyon Lake has made it illegal for skateboarding in commercial areas. She noted that the City of Lake Elsinore has an ordinance prohibiting skateboarding in commercial areas because of the damage that has been done by skateboarders. She noted that a committee was formed approximately a year and half ago and they have visited skateboard parks and gathered information regarding development and cost. She stressed the need for input from the youth that would be utilizing the park. Councilwoman Kelley stated that her committee has recommended a fully supervised skate park. She noted that there would be a minimal fee for membership and would require the use of safety gear, operated and supervised by a concessionaire. She explained that it was found that this type of facility is self-sustaining and pays for itself. She noted that there is a site in the City available that would accommodate a skate park. She asked that the Council approve future meetings to pursue this endeavor and establish a focus group. She stressed that this project would be a partnership with several entities. She asked that she stay on the committee, since she has been involved since the beginning. Mayor Pro Tem Pape asked if the design would include in-line skaters. Councilwoman Kelley stated that it would be part of the design for in-line skates as well as for bicycles. Mayor Pro Tem Pape stated that with input from the youth, the design would meet the desires of the kids that would utilize the facility. Councilwoman Kelley concurred. Councilman Schiffner stated that he felt that this was a good idea and encouraged the use of the youth, since they are the end users. He spoke in favor of Councilwoman Kelley being appointed to the committee. He stated that he is in favor of the project and stressed that this is not asking for money, but rather to seek information and ground level planning. Mayor Brinley asked if there were statistics to show how a skate park impacts a community. Councilwoman Kelley explained that there are no hard figures, however it was found that the parks are a popular use, however there are those skateboarders who do not choose to use a skate park and do not like to use safety equipment, however it does have a considerable impact on the street skateboarders and encourages safety. She stated that the site that the committee will be looking at has infrastructure in place and that is a strong consideration for that site. Mayor Brinley stated that she is in favor of the project and forming a committee. She asked if people still had the old-fashioned shoe skates, would they be allowed to utilize the park. City Manager Watenpaugh stated that the type of wheel on the skate would have to be checked, however new wheels could be purchased to r{ , ' W}~. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JANUARY 11, 2000 conform to the skate parks regulations. Mayor Brinley restated that this is a good project and she is also in favor of Councilwoman Kelley sitting on the committee. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIlVIOUS VOTE OF THOSE PRESENT TO APPROVE THE FORMATION OF A COMMUNITY FOCUS GROUP TO CONSIDER SITE SELECTION, DESIGN CRITERIA AND COST ESTIMATES. 35. Ordinance No.1057 - Amendment to City Ordinance Prohibitin~ Camp~. City Attorney Leibold explained that this Ordinance would clarify the existing prohibition with regard to beaches and parks; allowing for camping in designated areas only. Mayor Pro Tem Pape noted that the Ordinance would not impact private property and looked good. Councilman Schiffner concurred. Councilwoman Kelley indicated that she had no problem with the proposed Ordinance. MOVED BY PAPE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE N0.1057 UPON FIRST READING BY TITLE ONLY. ORDINANCE N0.1057 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.40, SECTION 8.40.040, SUBSECTION G OF TITLE 8 OF THE LAKE ELSINORE MUNICIPAL CODE PROHIBITING CAMPING AND ENCAMPMENTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE 36. Ordinance No. 1058 - Ordinance Prohibiting Loitering. (F:112.1) City Attorney Leibold explained this item, noting the problems which have arisen with persons limiting access to buildings and public sidewalks. She PAGE EIGHTEEN - CITY COUNCIL MINUTES - JANUARY ll, 2000 explained that the Ordinance was narrowly drafted to balance the public rights on public rights-of-way. She noted the need for one modification on page two of three with regard to section 9.32.020. She explained that there was no need for a definition of "Shopping Center" and proposed deletion of that information. Councilman Schiffner commented that this was a necessary ordinance which is no more restrictive than those in other cities. Mayor Pro Tem Pape expressed support of the proposed ardinance, indicating that he felt the proposed ordinance was appropriate and a useful tool for enforcement. Councilwoman Kelley indicated that she had no problem with the ordinance and noted problems which have arisen with obstruction of businesses. MOVED BY SCHIFFNER, SECONDED BY PAPE TO ADOPT ORDINANCE NO. 1058 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1058 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 9.32 TO TITLE 9 OF THE LAKE ELSINORE MUNICIPAL CODE; PROHIBITING LOITERING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE 37. Ordinance No. 1059 - Ordinance Prohibiting Removal of Sho~in Carts from Business Premises and Possession of such Carts. (F:127.1) City Attorney Leibold explained the problems which have been noticed, with shopping carts being taken from shopping centers and creating an impasse and blockage on public sidewalks, preventing access to businesses and buildings. She further explained that they also create a danger if they roll into traffic. She advised that the proposed ordinance prohibits taking a shopping cart from a shopping center. Councilwoman Kelley indicated that she had no problems with the proposed ordinance. PAGE NINETEEN - CITY COUNCIL MINUTES - JANUARY 11, 2000 Councilman Schiffner noted that this was bringing the City's ordinances up to date. Mayor Pro Tem Pape indicated that this ordinance was very much needed, and noted an incident near Stater Bros. Market on Lakeshore. He commented that timing will be everything in trying to enforce it. Mayor Brinley concurred with the ordinance and noted that she is seeing shopping carts left throughout the community; and this regulation is long overdue. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1059 UPON FIRST READING BY TITLE ONLY: ORDINANCE N0.1059 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 8.38 TO TITLE S OF THE LAKE ELSINORE MUNICIPAL CODE, REMOVAL OF SHOPPING CARTS FROM BUSINESS PREMISES AND POSSESSION OF SUCH CARTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ITEM PULLED FROM CONSENT CALENDAR 6. Fisherv Pro~ram - Stocking of Trout. (F:92.1) City Manager Watenpaugh explained the request from staff to fund a fishery program for trout stocking on Lake Elsinore. He further explained that staff had made contact with the Department of Fish and Game regarding the possibility of stocking with trout, bass and catfish; and has not been notified that the Lake has been approved for stocking of trout. He advised that they were suggesting the provision of 20,000 to 30,000 fish with a$10,000 matching cost. He advised that they are still considering stocking with catfish; and staff is looking at starting the City's own fishery at the campground to allow for future stocking with fingerlings. He noted that these efforts would bring back the potential for competitive fishing events; and advised that this action would also include access to the levee for fishing. He pointed out tfiat Lake Elsinore does not have a length limit on PAGE TWENTY - CITY COUNCIL MINUTES - JANUARY 10, 2000 trout, and the intent would be that they would be caught over the winter before the water turns warm. He reiterated that there is a limit on the number of trout, but not the length. Bill Tucker, 740 Acacia Street, expressed 1000% support for this action, noting that he fishes the Lake frequently. Peter Dawson, 18010 Grand Avenue, indicated that stocking has not occurred in over 30 years, except for involuntarily from Canyon Lake, over the dam in 1993 and 1995. He stressed how unusual it was to have the Lake stocked with trout and suggested that this stocking should be advertise to ensure they are caught before the water is too warm. He noted that trout are not generally found in a dirty lake and this would go a long way to change the perception to one of a clean healthy lake. He offered to donate a new trolling motor to be given away as a prize for the recovery of a trophy tagged fish from this effort. Councilwoman Kelley indicated that she pulled this item from the Consent Calendar to let the public know what was happening. She thanked Mr. Dawson for his contribution to the effort. She indicated that she was excited about the fishing aspect of this action, as well as the opening of the levee for recreational uses. She noted the number of people already using the levee for jogging and walking and expressed excitement with the fence being removed to allow increased access. She suggested that the only other problem would be with providing adequate parking for people wanting to fish on the levee. Community Services Director Sapp advised that he has had discussions with the Stadium operators and they would allow parking in their lots for fishermen on the levee. He fiarther advised that it would be staff s intent to inform the public of the fish stocking and the opening of the levee for public access. Mayor Pro Tem Pape questioned the timing of this item. City Manager Watenpaugh indicated that staff was looking at stocking by the end of the month into one of the bays near the island. Mr. Pape indicated that he was excited about the possibility of stocking bass in the future. Mr. Watenpaugh noted that Lake Elsinore was once considered one of the best bass fishing lakes in Southern California. Councilman Schiffner indicated that he was excited about this action and thrilled that it was occurring while he was on the Council. He suggested that this was the best expenditure of funds in a long time. Mayor Brinley concurred that this was an exciting program for the community. She indicated that she was glad that the stocking of the Lake would occur and expressed certainty that fishermen would be interested in retrieving the largest fish to receive the donation from Mr. Dawson. MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO AUTHORIZE STAFF TO PAGE TWENTY-ONE - CITY COUNCIL MINUTES - JANUARY 11, 2000 ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF FISH AND GAME FOR STOCKING OF TROUT IN LAKE ELSINORE AT A COST OF $10,000; AND AUTHORIZE THE EXPENDITURE OF $1,500 , FOR ADDITIONAL SIGNAGE AND INSTALLATION OF BOLLARDS AT THE ENTRANCE TO THE LEVEE. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Maui Tatola, employee of Lake Elsinore Unified School District and a business owner, proposed an update of the existing Municipal Code sections relating to bicycles and skateboarding in Lake Elsinore. He stressed the amount of damage the schools and businesses are suffering from bicycles and skateboarders. He indicated that he has spoken with officers who respond to calls and they have commented that they can't hold the offenders accountable under the present ordinances. He recommended an update of the ordinances and civil codes, noting that he would proceed to the School Board for approval. He requested the addition of this matter to the ne~ Council meeting so the school can address the related damages. He suggested that this effort would ultimately lead to County regulations that would benefit the School District for both City and County schools. Barbara Cady, former President of the Elsinore Valley Arts Network, noted that ~ this month there will be bumper stickers that say "beautiful Lake Elsinore". She then announced the new President of EVAN, Debbie Crawford, who was in charge of the first poetry contest. Debbie Crawfard, 15135 Knollwood Street, noted the EVAN activities of last year, stressing that the events were free to the public. She expressed pride in last year's successes and expressed hopes of making those in the upcoming year even bigger and better. She indicated that they would be beginning the year with a membership drive and encouraged everyone to become a member. She detailed the membership costs and advised that their meetings are held the 15` Thursday of every month at 7 p.m. She encouraged participation and suggested that anyone with questions call her at (909) 678-5924. Chris Hyland, 15191 Wavecrest, noted that there are many people in the community who want to congratulate and commend Mr. Fleming for saving the palm trees from removal. She questioned when the trees are trimmed and tied up, who would be cleaning up the mess. Tim Fleming, 17970 Lakeshore, addressed the palm trees, indicating that the ~ citizens were preserving palm trees; and asked that the City not take credit for saving them. He indicated that the residents are realistic and know when a danger may exist, but they will not budge when the efforts are illogical. He suggested that in the event of an impasse on the issue, no more than three trees will have be removed. He requested that he be included in the citizen's committee to be formed. Minnie Brown, 312 N. Langstaff, thanked Media One for the service provided by PAGE TWENTY-TWO - CTTY COUNCIL MINUTES - JANUARY 11, 2000 Vonnie to people wishing to advertise on Channel3. She announced that the RTA would now be providing service on Sundays. She advised that the NAACP would be joining with the First Presbyterian Church in the reading of letters from the Birmingham Jail, in celebration of Martin Luther King Jr. Day. She announced that the NAACP would be presenting a forum for the 66t'' Assembly District Candidates on January 16~'. She further announced that the Friends of the Library Committee meeting on January 13'i', indicating that Dr. Polk from the Planning Commission would be their speaker. She expressed thanks for the community support of their Cookbook, and advised that they would be holding a book sale on January 22 from 9 a.m. to 4 p.m. in the Library Community Room. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Responded to Mr. Tatola regarding a revised ordinance against skateboarding on public property, which could be adopted for private property. 2) Addressed palm trees indicating that anything trimmed by City contractors will be cleaned up by the contractors or City crews; and noted that at this time there would be no relocation of trees. 3) Noted his interest in sharing with the Council, opportunities to recognize a member of the City staff for their accomplishment. He read a letter from the International Institute of Municipal Clerks recognizing City Clerk Vicki Kasad, on her attainment of the Certified Municipal Clerk designation. He commended her professional and personal efforts to achieve this recognition. CITY ATTORNEY COMMENTS City Attorney Leibold noted the three items scheduled for Closed Session discussion, and advised that no discussion would be required on items a and b; leaving only item c for discussion. She announced the Closed Session on item c as listed below. COMMITTEE REPORTS No reports. CITY COUNCIL COMIVIENTS IVlayor Pro Tem Pape had no comments. Councilwoman Kelley commented on the following: 1) Congratulated Debbie Crawford on her election to the EVAN board and thanked Barbara Cady for her efforts in the first year of EVAN. She noted PAGE TWENTY-THREE-CITY COUNCIL MINUTES-JANUARY 11, 2000 that the Philharmonic had already been booked for the coming year. Councilman Schiffner commented on the following: 1) Addressed the palm tree issue and indicated that he had already expressed his opinion on the topic; but expressed continued hope that it would all be worked out to everyone's satisfaction, with the trees being sa~ed. Mayor Brinley commented on the following: 1) Congratulated and supported Ms. Crawford's position as President of the Arts Network; and offered her support and assistance. 2) Addressed the town hall meeting on January 6~', and noted the suggestion of a Mayor's Committee to review the issues on palm trees. She announced that the Council would be considering appointments for that committee at a special meeting on January 13`i' at 3 p.m., in the City Hall Conference Rooms. She noted the names submitted at the town hall meeting, and indicated that each Councilmember would receive a copy of the list for consideration. , She further noted that upon appointment staff would work with the ' appointed individuals and Southern California Edison, as soon as possible. 3) Announced the following events for the upcoming Calendar: 7anuary 15, 9 a.m. to 2 p.m. - the Household Hazardous Waste exchange opens to the public. January 15, 2 p.m. to 5 p.m. and January 16~' from 10 a.m. to 3 p.m. - Women's Club Arts Show. January 17~' - City Hall and all City facilities closed for Martin Luther King Jr. Day. January 20'i' - 10 a.m. - mid-year budget review. January 22"d - Classic Car Show - Main Street. January 29t'', 8 a.m. to 3 p.m. - Community Connection Rummage Sale. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore vs. All Persons Interested et al, Riverside Local Agency Formation Commission (CASE #RIC 311942) (Cleveland Ridge) PAGE TWENTY-FOUR- CITY COUNCIL MINUTES-JANUARY 11, 2000 b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) City of Lake Elsinore vs. All Persons Interested et al, Riverside Local Agency Formation Commission (CASE #RIC 317305) (Meadowbrook). C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Timothy Fleming vs. City of Lake Elsinore (CASE #328469). THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:04 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:55 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:56 P.M. - - __. _~_._ _ y_4. , r.._. ~ , ..~~ ~ ~ ~ CITY OF LAKE ELSINORE ATTEST: ~(~-~'~l VICKI KASAD, CMC, CITY CLERK CITY OF LAKE ELSINORE