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HomeMy WebLinkAbout11-24-2009 City Council MinutesPage 1 of 20 CITY OF LAKE ELSINORE CITY COUNCIL MEETING MINUTES November 24 2009 CALL TO ORDER Mayor Magee called the re�qular meeting of the Lake Elsinore City Council held on Tuesday, November 24� , 2009 to order at 5:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Mayor Magee, Mayor Pro Tem Melendez, Councilmember Bhutta. ABSENT: Councilmember Buckley, Councilmember Hickman. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Lake and Aquatics / Parks and Recreation Director Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, Police Chief Cleary. 5:00 P.M. CONVENE THE MEETING CALL TO ORDER - 5:00 P.M. RECESS TO CLOSED SESSION There was no one who wished to speak regarding a Closed Session item. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 2 of 20 CITY COUNCIL CLOSED SESSION (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 1 potential case CALL BACK TO ORDER (7:00 P.M.) Mayor Magee called the regular meeting of the Lake Elsinore City Council held on Tuesday, November 24, 2009 to order at 7:06 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PLEDGE OF ALLEGIANCE The Mayor led the audience in the pledge of allegiance. INVOCATION — MOMENT OF SILENT PRAYER The Mayor led the audience in a moment of silent prayer. ROLL CALL PRESENT: Councilmember Bhutta, Councilmember Buckley (7:10), Mayor Magee, Mayor Pro Tem Melendez. ABSENT: Councilmember Hickman. Also present: City Manager Brady, City Attorney Leibold, and City Clerk Thomsen. Staff members present included Acting Administrative Services Director Riley, Acting Community Development Director Weiner, Public Works Director / City Engineer Seumalo, Director of Lake and Aquatics / Parks and Recreation Kilroy, Information / Communications Manager Dennis, and Building / Code Enforcement Manager Chipman, Police Chief Cleary. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 3 of 20 CLOSED SESSION REPORT City Attorney Leibold gave an overview of the Closed Session items stating there was no reportable action. PRESENTATIONS / CEREMONIALS This presentation will be rescheduled; the recipients were unable to attend. Chamber of Commerce Quarterly Update Mr. Michael Norkin, Chamber of Commerce Chairman of the Board, gave an overview of some of the activities they participated in the 3` Quarter. He noted the Chamber is now producing a new magazine in full color and interactive on their website. In addition, approximately 1200 copies of the magazine is being distributed at all local hotels and motels to help promote the community. The front cover of the November — December magazine shows downtown Lake Elsinore to encourage residents to shop locally. In addition, City, County, and local legislative representative's information are listed in the magazine for convenience. Mr. Norkin stated the Chamber participated in "Celebrate our Schools Week" in which "35 Heroes of Education" were honored. In addition, an Educational Summit was held for approximately 1000 students with participation and sponsorship from the Lake Elsinore Unified School District, the City, and approximately 65 other business. One of the topics discussed was how to dress and respond in an intenriew setting. Another event the Chamber was involved with was the Lake Elsinore Grand Prix, held at the Storm Stadium. They assisted with advertising the event through their magazine, website, and email blasts. It was noted this event was successful, and is something the Community as a whole has expressed an interest in holding annually. The Chamber also participated and helped sponsor the Unity in the Community Parade, which was just held. Mr. Norkin informed the City Council over 1,500 visitors contacted the Chamber for information or assistance, most of them visiting their office. In addition, they had over 3 thousand hits on their websites and had 12 new members join the Chamber in the 3 rd Quarter (over 30 new members for the year). He also noted one of the future goals under consideration is to have a presence in a future event to be held in Las Vegas; however, this has not yet been determined. Lake Eisinore City Council Regular Meeting Minutes of November 24, 2009 Page 4 of 20 Mr. Norkin informed the public, on January 30, a formal event would be held, a "Black Tie" event with a theme, "Night at the Oscars." The Business of the Year would be honored along with other significant recognitions. Mr. Norkin finished his presentation and requested anyone with questions to contact him directly or the Chamber. Southern California Edison Update (SCE) Mayor Magee introduced the Director of Community Affairs, Mr. Viet Tran who gave an update regarding the 3 projects SCE currently filed with the Public Utilities Commission (PUC) to construct in the City of Lake Elsinore. In addition, he introduced other SCE employees (the Project Manager and the Corporate Representative) to assist with questions as needed. He noted SCE had originally filed a request for 3 separate projects in 2007; however, the PUC had combined 2 of the projects (Fogarty Substation and Ivyglen Subtransmission). Alberhill will be a new Substation transmitting 500 / 115 KV of power. There will be 3 miles of lines providing service to Temescal Valley which consists of Canyon Lake, Lake Elsinore, Menifee, and Wildomar. Several line routes were proposed by SCE; however, the PUC will determine which route will be built. All documents associated with this project can be obtained on-line at www.sce.com/alberhill Mr. Tran noted SCE wanted to ensure their customers were properly notified and exceeded notification requirements. Open houses were held to update the community of the proposed project, including over 3,400 mailed notifications beyond the requirement of 300 feet. Current estimation of project completion is 2014. The combined project is the "Fogarty Substation and Ivyglen Subtransmission." This will be a 25 mile 115 KV line transmission to provide telecommunications lines. These lines are not for other companies, but only to be used to allow SCE to communicate with other SCE offices. The poles will hold two lines. Several line routes were proposed by SCE; however, the PUC will determine which route will be built. An unmanned sub transmission line and the substation will be built on 3 acres at Kings Highway and Terra Cotta Road. These lines will provide electrical reliability and assist to meet demand. The draft Environmental Impact Report was filed with the PUC and followed by a 45 day public comment period. Public meetings were held in July 2009, in Lake Elsinore and Perris. All documents associated with this project can be obtained on-line www.sce.com/IwGlen Mayor Pro Tem Melendez questioned clarification why these substations are necessary and what benefit the customer should see in addition to providing electricity. Also, she questioned if the rate of electricity would decrease since there would be additional electricity to provide. SCE responded stating with Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 5 of 20 these additional substations and lines, electricity would be better secured, there would be flexibility and reliability which may not be available now if needed, should a line go down. Regarding a rate change, Mr. Tran noted every 3 years a review goes before the PUC. He noted the review was just completed; therefore the next scheduled review will take place in 2012. Mr. Tran stated occasionally SCE has been able to decrease rates, but this was in conjunction with the cost of natural gas. He noted, analysts watch this, and when possible, rates are decreased. Councilmember Bhutta questioned what response the community has had regarding SCE's outreach, and what future meetings were planned. Mr. Tran stated response has been varied, some customers have requested clarification and some have offered praise. It was also noted, now that SCE has completed all of their public outreach and document transmittals and requests to the PUC, SCE is no longer in charge and will not be holding any future meetings. Their information can be obtained from the two websites previously referenced. However, SCE anticipated the PUC will hold future meetings to solicit the community's concerns. It was noted the PUC will follow the same guidelines as SCE; they will prepare the Final EIR, hold a 45 day public comment period, and hold public meetings. This may not be forthcoming until a year or so, and they may only notify per the requirement of 300 feet (unlike SCE). Councilmember Buckley stated he has received calis from residents asking about the Power Plant SCE was planning to build at Alberhill. He requested SCE to clarify for the residents they were only going to build a substation similar to the one located on Spring Street near Main Street. Mr. Tran confirmed, SCE was not going to be generating power, but transmitting electricity through transmission lines, the substation would be unmanned and an above ground facility such as Spring Street. Mayor Magee requested confirmation the PUC would be the one permitting what is actually approved, and these projects are above ground facilities to which SCE confirmed. The Mayor also requested regarding the Fogarty Substation to work with the City's Planning Department regarding proper setback buffers and landscaping to avoid possible relocation and allow for future growth. Regarding both of the substation projects, he requested all route locations for all of the proposed pole locations be placed far enough back from the paved road to allow for growth so they would not be required to be moved in the future. Mayor Magee noted the General Plan has required all poles never having to be removed. Mr. Tran confirmed he would work with staff regarding this concern. Mayor Magee noted he has heard rumor regarding the different rate structures in the Coachella Valley versus the Coastal Zone. Mr. Tran noted he has been working with the Western Regional Council of Governments (WRCOG) regarding Lake Elsinore City Council Regu�ar Meeting Minutes of November 24, 2009 Page 6 of 20 rate structures. He stated both Canyon Lake and Temecula has lobbied for baseline allocation. Mr. Tran stated the Inland Empire now has their own zones, Zone 17A and 17B. He clarified Coachella Valley has a baseline allocation which is a tiered rating, AB-1X, and noted SCE is locked where rates changes can be made. The purpose of the tiered structure was to award low-rate users and charge more to high-rate users. Currently legislation is being reviewed in Sacramento to repair this situation, which SCE is watching, and will update everyone if a change is made. He noted the Coachella Valley Association of Governments (CVAG) was involved with the tier structuring over a decade ago, clarifying it is reversing winter and summer rates, not a granting of lower rates. Mayor Magee requested Mr. Tran to extend communication with Councilmember Hickman who was not available. PUBLIC COMMENTS — NON-AGENDIZED ITEMS —1 MINUTE Mr. Glenn Copple spoke representing the Original Christmas Tree Lane Organization, stating 2009 is the 11 Annual Community event. This year they will be located at the Lake Elsinore Outlets for 2 weekends, Friday, Saturday, and Sunday, December 4 tn 5 m 6 m � �m �2 and 13�'. Hours are 8 am to 8 pm. Opportunity coupons will be sold for $1.00 for the "Opportunity Trees" which will be awarded on Sunday, December 13 starting at 4 pm will be the start of the drawings for the "Opportunity Trees," which have over $1000 of inerchandize under the tree. The theme of the tree is dependent upon the merchandize under the tree. Benefits will be for the children of the following organizations: The Boys and Girls Clubs of Southwest County, Student of the Month Scholarships, Boy Scouts, Cops for Kids, and many other charities for children. Mr. Copple noted over past 10 years, $142,000. has been raised to assist children. Mr. Copple stated there are 2 Christmas Tree Lanes, someone else is operating with this name and Mr. Copple requested everyone to come to the Lake Elsinore Outlets to help raise funds for the children. Pam Stephens resident of Tuscany Hills stated she had an excellent view of the La Strada project and thanked the Council and City Staff for their efforts and taking action to mitigate appropriate action stating she appreciated the results. She also requested the Council to ensure this consideration is applied to other projects that are near their area also, not just this one. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 7 of 20 Peter Dawson, community resident spoke regarding a different class being offered by the United States Coast Guard. He noted this class is for 1 day (8 hours) specifically for persons who have previously been convicted of a violation upon the water. The class is scheduled for Sunday, December 6 2009 from 8 am to 5 pm. Reservations can be made by calling (951) 202-1584. CONSENT CALENDAR APPROVED There was no public request to speak on any of the items. CONSENT CALENDAR (All matters on the Consent Calendar are approved on one motion, unless a Councilmember or any member of the public requests separate action on a specific item) (2) Approval of Citv Council Minutes Recommendation: Approved the following minute(s): (a) Regular City Council Meeting Minutes from October 13, 2009. (b) Regular City Council Meeting Minutes from October 27, 2009. (3) Warrant List Dated November 12. 2009 Recommendation: Authorized payment of Warrant List dated November 12, 2009. (4) Investment Report — October 2009 Recommendation Received and filed. (5) Winterfest Celebration and Street Closures Recommendation A�proved temporary street closures for the WinterFest Event on December 4 , 2010 from 1:00 p.m. to 11 p.m. for Main Street, Graham Avenue, Suplhur Street and Limited Avenue. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 8 of 20 (6) 2009 / 2010 Supplemental Law Enforcement Services Fund (SLESF) Grant Recommendation Approved the expenditure plan and the allocation of the $100,000 funds received from the SLESF Grant for salaries and benefits utilized to fund the following special programs as follows: 1) Special Enforcement Team 2) Traffic Enforcement 3) Downtown business district directed patrol (approximately 12 hours a week for 26 weeks) ��) MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to adopt the Consent Calendar as recommended. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. PUBLIC HEARING(S) (8) Zoninq Ordinance Text Amendment No. 2008-04: a repuest to repeal Lake Elsinore Municipal Code Chapter 19.08 and add a new Chapter 19.08 reqardinq Water Efficient Landscapinq APPROVED TO CONTINUE ITEM TO DECEMBER 22, 2009 Recommendation Staff requests the City Council continue Zoning Ordinance Text Amendment No. 2008-04 to the December 22, 2009 City Council meeting. This will provide staff sufficient time to prepare and provide the November 17, 2009 Planning Commission meeting minutes as well as provide the City Council with an overview of the Planning Commission's extensive comments concerning the proposed draft Ordinance and alternative recommendation. Recommendation 1. The City Council authorized the City Manager to enter into a Contract with ESA for a new total amount estimated at $53,000. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 9 of 20 MOTION was made by Councilmember Bhutta, second by Councilmember Buckley and unanimously carried to continue this item until December 22, 2009 as recommended. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. APPEAL(S) (9) Consideration of an Aopeal of the Plannina Commission's Decision to approve Amendment No. 1 to Residential Desiqn Review No. 2006-13 for APPROVED TO UPHOLD PLANNING COMMISSION'S DECISION AND TO DENY THE APPEAL Acting Community Development Director Weiner spoke stating this item was before the Planning Commission October 14th, 2009, and approved authorizing a smaller home product. He noted the appellant filed his appeal in a timely manner within the 15 day requirement and was present tonight. He also noted Pardee Homes were present and available as well. Mayor Magee opened the Appeal Hearing at 7:51 p.m. and called the Appellant, Mr. Mike Wagoner (Appellant) spoke regarding the last 10 Broadleaf homes sold in March 2009. He noted buyers were told this was to be a Master Plan Community, they were shown Plot Maps of what was going to be sold for the last 106 lots. After the last 10 Broadleaf homes were sold, Pardee Homes decided to build and sell different homes, changing from Broadleaf to Silverthorne and use lesser products and are much smaller homes. He gave details regarding the discrepancy of the last 10 homes purchased, the homeowners not being properly notified, yet everyone else was notified. Mr. Wagoner stated he found out by accident the day before there was going to be a meeting and did not have time to change his work schedule to attend the meeting. He stated the Broadleaf home and interior products are far superior to the Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 10 of 20 Silverthorne home, stating the differences will affect property values, the sales and homes are not comparable. He noted there was going to be 40 inferior homes built near his home. Mr. William T. Smith, one of the ten homeowners spoke in support of the appellant, stating he was the one who purchased the last standing Broadleaf inventory, sold as a Master Planned Community, and Pardee Homes never mentioned their plan to change the homes. He feels he was misled; their maps and plans showed Broadleaf homes would surround their neighborhood. No one else in the audience chose to speak regarding the item, for or against. Mayor Magee closed the appeal hearing at 7:65 p.m. The matter was brought to the dais for discussion. A handout was provided to the City Clerk and the City Council for reference. Mayor Pro Tem Melendez requested Mr. Mike Taylor, Vice President of Pardee Homes come to the podium to speak. Mayor Pro Tem Melendez confirmed not all of the homes would be the smaller homes, to which Mr. Taylor confirmed. He did acknowledge the Silverthorne product was the smallest of the 3 possible homes. The buyers of the smaller homes are willing to pay an additional $10,000. to be located where they are planned. Mr. Taylor stated the reason for the change is market value. Home "Comps" were discussed, Mayor Pro Tem Melendez stated comps are not based upon price of square footage, and requested confirmation from Mr. Taylor, who agreed, stating, bedrooms, baths, garage space, etc is what counts. Mayor Pro Tem Melendez asked if the appeal was approved, what would happen with the remaining 40 lots. Mr. Taylor stated if Pardee loses the appeal, then they will not build on the lots, they will remain bare. He noted they have already sold the smaller homes for these lots, and are ready to pull building permits tomorrow. Discussion was held if the largest homes could be placed next to larger etc, however, this would not be the case in all situations. Two story homes and single story homes will be intermixed; same size would be near not necessarily next. It was noted there was same similar architectural styles. Councilmember Bhutta requested what would be the differences between the two brands of homes, such as high end versus low end. Mr. Taylor stated it would be in appliances and flooring, such as tile versus fiberglass in bathrooms, etc. such as high end versus low end. It was confirmed only 40 homes would be Silverthorne. The remaining 66 homes would be a different series, starting with 1,300 square foot homes. Again, Pardee Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 11 of 20 Homes stating they are prepared to start pulling building permits tomorrow. Mayor Magee addressed the notification issue, and asked how Pardee responded. Mr. Taylor stated Pardee was embarrassed at the communication noticing error and attempted to contact them, hand carry, and send certified copies. He stated Mr. Wagoner and Mr. Smith were able to attend that meeting. Mayor Magee invited Mr. Wagoner to the podium, who stated the meeting they were invited to attend was not to discuss Mr. Wagoner's concerns, but was regarding the new 1,300 square foot homes Mr. Taylor just mentioned. Mr. Wagoner stated the reason the rest of the neighbors did not show up was because the paperwork informed them there would be a buffer zone between these new smaller houses, when in fact now, they have learned there is not. Mr. Wagoner requested all the 10 homes want, is for like homes to be built on their street. Mayor Magee requested confirmation he did not have contact with Pardee Homes regarding his concern. Mr. Wagoner confirmed he was not able to address his concern until after the Planning Commission approved the changes. Mayor Magee spoke to Mr. Wagoner regarding all of the special amenities his neighborhood has and the uniqueness of the area including the high dollar amount the name of "Canyon Hills" brings. Mr. Wagoner disagreed with Mayor Magee due to the promises he was given in writing when he was sold his home. Mayor Pro Tem Melendez noted there was a disclosure statement buyers must sign stating the home builder has the right to change the product and requested confirmation. Mr. Smith came forward stating he felt Pardee Homes is being allowed to do whatever they want to do, if they knew they were going to change the Master Planned Community or build a lesser product, they should of stated so. Mayor Pro Tem Melendez stated 40 homes should not impact their homes, and deferred back to the disclosure statement, noting it would be worse to have empty lots for the community. Mr. Wagoner came forward stating all Pardee had to do was to build 10 homes of high end value out of the 40, and it would be a win-win situation. He noted they already had no opposition to the new Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 12 of 20 1,300 square foot homes; they were going to capture the current market value. Same appeal as promised. Mayor Pro Tem Melendez asked Mr. Taylor if it was his intent to stagger the home size and not match like with like. Mr. Taylor stated how important it was to offer homes first time buyers could afford. Appellant Mr. Wagoner stated those who could afford the smaller houses would still qualify for the new product just approved. MOTION was made by Mayor Pro Tem Melendez, second by Councilmember Bhutta and unanimously carried to uphold the Planning Commission's decision and to deny the appeal as recommended. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. BUSINESS ITEM(S) (10) APPROVED Recommendations: 1. Directed Staff to incorporate Off-Leash Dog Play Areas into future park development based upon the principles contained in the "Guide to Establishing Off-Leash Dog Play Areas"; and 2. Approved the conceptual design and location of a 1.5 acre dog park located at Rosetta Canyon Park; and 3. Approved a Change Order to the Rosetta Canyon Fire Station and Park - Phase I project in an amount not to exceed $55,000. from the reimbursed EVMWD fees; and 4. Directed staff to construct the Dog Park in a configuration consistent with conceptual design. Director of Lake and Aquatics / Parks and Recreation Kilroy gave an overview of the research and plans of all of the parks considered and the final reasoning to choose Rosetta Canyon Park to incorporate a Dog Park area in the size of 1.5 acres. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 13 of 20 Adam Armit spoke in response to the recommendation stating he is thrilled the dog park will be located at Rosetta Park. He thanked the City Council for moving this item so quickly and applauded the results. LeeAnn Cameron also thanked the City Council for moving so quickly in addressing her quest for a dog park. She thanked City Staff for their time and effort, yet felt she needed to comment regarding some issues. One of the items was the proposed wood chips stating grass was a better alternative. She noted there should also be some type of shade structure until the trees mature. She again thanked Council for the promptness of the response and requested the City continue to look at other areas. Discussion was then taken to the dais for comments by Council. Councilmember Bhutta addressed Ms. Cameron's concerns, stating the trees will grow quickly, and the cost of grass was just too much at this time. She noted this was to be a permanent dog park and McVicker Park would be opened back up as originally planned. Councilmember Buckley noted other dog parks could be planned in the future, and questioned Mayor Magee regarding wood chips. Mayor Magee noted he was planning on abstaining from this vote, due to his current profession. Mayor Pro Tem Melendez questioned the $55,000. estimated charge reflected in the staff report was what we had to pay for water usage. Director Seumalo clarified the situation, stating because we changed the construction of the park, we still had to pay for the Water DistricYs Plan Check, which is based upon the estimated fees of water usage. If we chose not to build the dog park here, then the funds would be returned to the fund it was originally paid from, since we had to pay the water district in advance for estimated water usage. Mr. Riley noted the funds were either paid from Measure A or Park and lieu fees, which are normally used for construction of parks. Mayor Pro Tem Melendez stated if we decided to not build a dog park, we could use the funds for needed road repairs and anticipated costs and considered this alternative. Acting Administrative Services Director Riley noted it was developer fees and park fees to where the funds would be returned; he was incorrect when he referenced Measure A funds. Councilmember Buckley noted if a different park was considered, such as Summerhill Park, we had already spent funds to put in the grass and were Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 14 of 20 currently spending funds to water the grass. It was determined watering cost is approximately $10,000. an acre monthly which is already in the budget. It was also noted to place turt and maintain it at Rosetta Park; the cost would be approximately an additional $20,000. and there is a cost already in the budget of $7,500. to maintain the proposed grass areas of the park, which does not include the proposed dog area with wood chips. MOTION was made by Councilmember Buckley, second by Councilmember Bhutta and unanimously carried to adopt Item No. 10 as recommended. AYES: Bhutta, Buckley, Melendez. NOES: None. ABSENT: Hickman. ABSTAIN: Magee. (11) An Ordinance of the Citv Council of the Citv of Lake Elsinore California APPROVED AS MODIFIED Recommendation Waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 15.72 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING GRADING STANDARDS BY ADDING SECTION 15.72.065 AND AMENDING SECTIONS 15.72.020, 15.72.030, 15.72.050 SUBPART F AND 15.72.070 SUBPARTS A AND B Director Seumalo gave an overview of the item noting Grading operations within the City are regulated under the Uniform Building Code and Chapter 15.72 of the Lake Elsinore Municipal Code (LEMC). He noted current regulations were adopted in 1987 and were now being revised due to the growth of the community and the need for specific requirements to Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 15 of 20 insure grading operations do not adversely impact residents and commuters. It was noted the proposed Ordinance contained 3 major components. The 1 addressed mining operations determining whether grading is part of an allowable construction project or a mining operation subject to additional regulation. The 2" component addressed hauling in excess of 2,500 cubic yards. The 3 component addressed major hauling operations in excess of 20,000 cubic yards. Questions and a lengthy discussion were held between staff and the Council. Topics such as time limits and hours of 8:00 a.m. to 4:00 p.m. versus standard construction hours of 7:00 a.m. to 5:00 p.m. were addressed. In addition, notification of residents, truck staging of the haulers, size, tonnage of the trucks and the cubic yards the trucks held were discussed. Possible requirements such as securities such as Bonds or cash being implemented to cover repairs when needed were also addressed. Council determined to revise the proposed Ordinance before them tonight to include the following modifications: Section 2/ 15.72.065 / A/ 1 A revised sentence will read: • Deviation from the designated staging area and haul route shall constitute a violation of the condition of the permit issued under this chapter and would result in penalties up to and including revocation of the permit. Section 2/ 15.72.065 / A/ 11 Revised sentences will read: • Security in the form of cash, letter of credit or Bonds for Grading to include Street Repairs. • Any security required pursuant to this chapter shall be in an amount sufficient to cover the cost of repair of any damage to the City roadways and any public facilities therein and the cost of removal of any earth materials or other debris deposited therein, reasonably executed to result from permittee's operations. • The conditions of the security shall guarantee payment to the City for all costs and expense in repairing the damaged streets or other public facilities and the removal of any deposits of earth materials or other debris resulting from the permitted operations. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 16 of 20 Section 2/ 15.72.065 / B Revised sentences will read: • Hauling in excess of 5,000 Cubic Yard. • In addition to the requirements set forth in subsection A above, a permittee moving or causing to be moved more than five thousand (5,000) cubic yards of earth material per project on public roadway shall be subject to the following requirements: Section 2/ 15.72.065 / B/ 1 Revised sentence will read: • Hauling in excess of five thousand (5,000) cubic yards requiring the use of City roadways shall be approved by the City Council at a public meeting of the City Council. MOTION was made by Mayor Pro Tem Melendez to waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading with the following modifications; regarding Provision 2 to change the cubic yards from 2,500 to 1,000 and to allow for a Public Hearing in the event of requested deviation; regarding Provision 3 be changed from 20,000 cubic yards to 5,000. THIS MOTION DIED FOR LACK OF A SECOND. An alternative MOTION was brought forward: MOTION was made by Councilmember Buckley to waive further reading and introduce by title only an Ordinance amending Chapter 15.72 to the Lake Elsinore Municipal Code regarding grading with the following modifications; revise Section 2/ 15.72.065 / A with respect to add language to implement penalties as needed and revise Section 2/ 15.72.065 / B to revised the allowed cubic yards hauled from 20,000 cubic yards to 5,000; second by Mayor Magee and unanimously carried to approve the recommended modifications just proposed for the first reading of this Ordinance. AYES: Bhutta, Buckley, Magee, Melendez. NOES: None. ABSENT: Hickman. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 17 of 20 (12) First Quarter Budaet Update Recommendation(s): _ ;• � 1. Approved the revenue and expenditure budget adjustments recommended for First Quarter 2009 — 2010; and 2. Adopted Resolution No. 2009-59 to increase the Traffic Offender Fund fee to $125.00 effective December 1, 2009; and 3. Approved the First Quarter 2009 — 2010 and recommended the Personnel Changes Schedule; and 4. Approved the recommended Authorized Position Listing Schedule. MOTION was made by Councilmember Buckley, second by Mayor Pro Tem Melendez and unanimously carried to approve Item No.12 and adopt Resolution No. 2009-59 as recommended in its entirety. AYES: NOES: ABSENT: Bhutta, Buckley, Magee, Melendez. None. Hickman. Passed and adopted the following Resolution: "Resolution No. 2009-59 — A Resolution the City Council of the City of Lake Elsinore, California, increasing the Traffic Offender Fund Fee. " Mayor Magee adjourned the City Council meeting at 9:15 p.m. for the Redevelopment Agency to conduct their meeting. Mayor Magee reconvened the City Council meeting at 9:18 p.m. and proceeded with the rest of the City Council Meeting. PUBLIC COMMENTS — NON-AGENDIZED ITEMS — 3 MINUTES Mr. Rich Morsch, a resident from the Tuscany Hills neighborhood spoke regarding the concerns regarding the ongoing activity known as the La Strada project. He noted as he has stated at previous City Council meetings, the project is removing a hill, and has been since May 2009. He stated this project is a Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 18 of 20 Quarry project and includes mining activities. Mr. Morsch noted the material is being hauled off-site for processing, they have been grading for 2 years, and the Project Manager has stated they still have roughly 80,000 cubic yards still to export. He requested the Council handle this matter expeditiously and modify the City's requirements before they impact another project and / or neighborhood. CITY MANAGER COMMENTS Friday Winterfest Dec. 4 Historic Downtown . 130 S Main Street Lake Elsinore 5:00 pm - 9:00 pm Lake Elsinore, CA 92530 For information: Parks & Recreation - Catherine (951) 674-3124 Ext. 265 Help kick off the winter holiday season at the Annual Tree Lighting Ceremony in Downtown Lake Elsinore. Come join in the festivities at the 2009 Winterfest Event. There will be visit with Santa in Santa's Village; fun for all at this year's event, with 30 tons of snow for the family to enjoy. Friday Original Christmas Tree Lane Dec. 4- 13 Lake Elsinore Outlets 9:00 am - 9:00 pm 17600 Collier Avenue Lake Elsinore, CA 92530 Matt (951) 245-8848 Presented Bv: The Oriqinal Christmas Tree Lane Committee & Friends Each tree will have over $1,000 in gifts with it. Raffle drawings start at 4:00 pm on December 13. Proceeds from this event will benefit the Boys & Girls Clubs of Southwest County, Student of the Month Scholarships, Boy Scouts, Cops for Kids and other local youth charities. This event runs on Friday, Saturday and Sunday. City Manager Brady congratulated those who participated and watched the Unity Parade which was a lot of fun and wished everyone a Happy Thanksgiving and safe Holiday. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 19 of 20 - CITY ATTORNEY COMMENTS City Attorney Leibold wished everyone a Happy Thanksgiving. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Mayor Pro Tem Melendez stated she had received communication from a resident who was homebound and watched the meetings on TV. She noted they had also conveyed a fear of public speaking. She asked those who feel the same way can still communicate with the Council via a phone call, email, or a letter. Mayor Pro Tem Melendez wished everyone a Happy Thanksgiving. Councilmember Buckley thanked the Council and staff for working together to get the Grading / Hauling Ordinance passed. He also noted regarding the Dog Park at Rosetta Canyon Park, perhaps IAMS, Purina, or other animal entities would consider helping to sponsor part of the costs, or perhaps contribute to the Animal Shelter which is currently being built. Councilmember Buckley wished everyone a Happy Thanksgiving. Councilmember Bhutta thanked all those who attended the Unity Parade and thanked Jeanie Corrall and Kathy Anoil for their involvement and hard work. She also congratulated the Lake Elsinore High School Girls Volley Ball team for wining their first Girls Championship Title. Councilmember Bhutta wished everyone a Happy Thanksgiving. Mayor Magee wished everyone a safe and Happy Thanksgiving and requested everyone to be kind to a Veteran. ADJOURNMENT There being no further business to come before the City Council Mayor Magee adjourned the meeting at 9:27 p.m. Lake Elsinore City Council Regular Meeting Minutes of November 24, 2009 Page 20 of 20 The Lake Elsinore City Council will adjourn to a regular meeting to be held on Tuesday, December 8, 2009, at 5:00 p.m. to be held in the Cultural Center located at 183 N. Main Street, Lake Elsinore, CA 92530. /� Robert E. Magee, r City of Lake Elsin , California Uebora Thomsen, CMC City Clerk, City of Lake Elsinore, California