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HomeMy WebLinkAbout2005 CC Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 11, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information & Communications Manager Dennis, Parks & Recreation Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code S 54956.8) (F:40.1)(X:114.13) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC, a California limited liability company. Page 1\vo - City Council Minutes - January 11,2005 - b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code S 54956.8) (F:40.1)(X:48.1) Property: A.P.N. 377-180-037 (Silver StreetlMinthorn Street) Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of the City of Lake Elsinore Under Negotiation: Terms. c. PUBLIC EMPLOYEE APPOINTMENT (Government Code S 54957) Title: Interim City Manager. (F:46.1)(X:40.1) d. PUBLIC EMPLOYMENT (Government Codes 54957) Title: City Manager. (F:46.1)(X:40.1) City Attorney Leibold announced the Closed Session discussion items as listed above. - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:45 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Watenpaugh. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. - Page Three - City Council Minutes - January 11, 2005 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information & Communications Manager Dennis, Parks & Recreation Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Business of the Year. (F:56.1) Mayor Magee called Brian and Anna Cale forward for presentation. He detailed the history of Lewis Cleaners as a third generation dry cleaners, which opened in their current location in Lake Elsinore in 1989. He noted that their business had steadily increased and updated with all environmental friendly and computerized equipment. He presented them with the Business of the Year plaque for 2004 and thanked them for their support from the community. Mayor Mage also noted the perpetual plaque which would remain on display in City Hall. Mr. Cale thanked the City Council for this recognition and thanked the community for their support of the business. B. Presentation - Planning Commissioner Ryan. (F:60.2) Page Four - City Council Minutes - January 11, 2005 - Mayor Magee called Harvey Ryan forward and recognized his service on the Planning Commission since June, 2004. He explained that Mr. Ryan had been successful in his bid for a seat on the Elsinore Valley Municipal Water District Board, which required him to resign from this position. He indicated that he was sad to see him go, as he brought a reasoned mind and was an advocate of good quality growth. He presented Mr. Ryan with a Certificate of Appreciation and a City paperweight. Mr. Ryan indicated that he enjoyed serving on the Commission and commented that this would not end his efforts for the City. He noted that he would also continue to work closely with the City in his capacity as a Water Board member. C. Presentation - Police Department Awards. (F:127.2)(X:56.1) Mayor Magee called the Police Department Award recipients forward for recognition. - Mayor Magee read and presented the Proclamation for Volunteer of the Year to Patti Bell. Ms. Bell commented that it was a pleasure to be a volunteer, as everyone was so generous and nice and like a family. Mayor Magee read and presented the Proclamation for Classified Employee of the Year to Elizabeth "Beth" DeCou. Ms. DeCou indicated that she loves the City and working with the people; and thanked the City Council for this honor. Mayor Magee read and presented the Proclamation for Deputy of the Year to John Leseberg. Mr. Leseberg thanked the City Council for this honor and noted that he loves his job. He indicated that he had seen the City grow for the last fourteen years and liked what he saw. He commented that Lake Elsinore was a wonderful place to be. Police Chief Fetherolf added that these were wonderful people to work with. - Page Five - City Council Minutes - January 11, 2005 D. Presentation - City Manager Watenpaugh & Assistant City Manager Best. (F:46.1 ) Mayor Magee commented that one advantage of being Mayor was the opportunity to ad lib a little bit. He called City Manager Watenpaugh and Assistant City Manager Best forward. He commented that the City was loosing two seasoned professionals, Mr. Watenpaugh to retirement and Ms. Best to a new job opportunity. He indicated that it was important to recognized their service and commitment to the community. Mayor Magee read and presented a proclamation to Assistant City Manager Best, and presented her with a key to the City. Ms. Best thanked the City Council and the City for the opportunity to serve and for this recognition. Mayor Magee read and presented a proclamation to City Manager Watenpaugh, and presented him with a key to the City. Mr. Watenpaugh thanked the community and indicated that the last 16-1/2 years have been a fun ride. He commented that the staff had been outstanding and wonderful; and noted that he had come to like a lot about Lake Elsinore. He indicated that Mr. Brady would do a good job at moving the City further down the road, and wished him well. He noted that the staff and councils had been wonderful and wished them all the best. E. Presentation - Date Festival Queen & Court. (F:140.1) Teri Neuenswander thanked the Council for having the Queen and her Court back again. She beseeched the County to provide financial support to the date festival. She noted that to date, there had been no support from the western portion of the County. She advised that next year there would be a reunion of royal court members and noted that many court members over the past 60 years had been from the Lake Elsinore area. She encouraged those members to contact the festival regarding that reunion. The Queen and her court introduced themselves and invited the public to the County Fair and Date Festival. Mayor Magee thanked them for their attendance. Page Six - City Council Minutes - January 11,2005 - F. Presentation - Chamber Update. (F: 108.4) Kim Cousins, Executive Director, Lake Elsinore Valley Chamber of Commerce, noted that he had provided each Council member with a copy of the Under the Sun Magazine for February, which had the second part of a three part article on the City. He also noted that he had provided a copy of the latest newsletter, which was also available at the Chamber of Commerce and on the website. He reminded the community of the annual Installation Dinner on January 22nd, at the Diamond Club at 6 p.m., and advised that the final day for RSVP would be Friday, January 14th. Mayor Magee reminded those present, that City Council meetings were for the conduct of public business, not personal business or personal attacks. He expressed an expectation of professionalism and proper decorum from the public, staff and the City Council. - CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session regarding the four items as listed on the agenda. She indicated that with regard to item a, Real Property Negotiations on the Campground, there was no reportable action, but it was anticipated that a lease agreement would be included on the next agenda. She indicated that with regard to item b, Real Property Negotiations for Silver/Minthorn, there was no reportable action. She advised that item c, regarding the Interim City Manager, also had an item on the open agenda for this evening for further consideration. She indicated that with regard to item d, for the City Manager's position, there was no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Donna Franson, 7 Villa Valtelena, indicated that the Citizens Committee would be holding its first general meeting on Thursday, January 2th at 7 p.m. at Ortega High School on Chaney Avenue. She also indicated that the second issue of their newsletter was mailed last week and noted the availability of extra copies. She - Page Seven - City Council Minutes - January 11, 2005 indicated that many people had sent in membership dues and expressed a willingness to volunteer in a number of ways. She detailed concerns being expressed with the loss of the City Manager and Assistant City Manager and the potential impacts on the City's growth. She indicated that the citizens group consisted of positive people interested in positive growth and advised that they were a non-profit, non-political organization formed to improve the image of the community. She indicated that those interested in more information could call her at 674-1989 and encouraged everyone to attend the meeting on January 27th. Community Services Director Sapp thanked City staff for their hard work during the last series of storms. He noted that they had provided over 150 hours of overtime securing the public welfare, and had done an outstanding job. He thanked them for their efforts and determination and indicated that they were very much appreciated. He advised that in the case of an emergency, the public could call 674-5170 and indicated that when staffis not available that number will provide other emergency numbers. He thanked the Public Works, Parks & Open Space and Lake Operations staff for their efforts. Caren Woods, P. O. Box 603, Wildomar, thanked the City Council for the opportunity to represent the Assistance League of Temecula Valley and for the consideration of their grant application. She indicated that she attended the study session and was pleased with the recommendations, but came to this meeting to follow-up on a suggestion by Councilman Buckley, which was initiated in Murrieta. She advised that they may be approaching the City Council regarding the provision of funding from the general fund to assist them in the future. Ruth Atkins, 15237 Lake Trail Circle, indicated that she was very concerned about something that had happened over the last month. She indicated that there had been three break-ins on Main Street in the last month, with the most recent being last night at the General Store, 110 North Main Street. She further indicated that last week the Herb Peddler and on December 10th the Historical Society was robbed. She indicated that they were only taking money, but she was concerned and wanted to bring it to the Council's attention. She indicated that better protection was need for the merchants on Main Street. Page Eight - City Council Minutes - January 11, 2005 - Tim Fleming, 17970 Lakeshore Drive, indicated that it would appear that 2005 will be a great year for the Lake, but expressed concern with the abuses of the property on Lakeshore Drive. He commented on the "blight" on Lakeshore drive and requested that the Council do something to correct it; and presented the Council with a piece of trash to represent the blight. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. - 1. The following Minutes were approved: A. Joint City Council/RedevelopmentAgency Study Session - December 14,2004. (F:44.4) B. Regular City Council Meeting - December 14,2004. C. City Council Study Session - December 16, 2004. 2. Ratified the following Warrant Lists A. December 15,2004. (F:12.3) B. December 31, 2004. 3. Approved 31 st Year C.D.B.G. Allocation as follows: (F:84.2) Public Works Projects City of Lake Elsinore Weed Abatement Water Truck $75,000 - Page Nine - City Council Minutes - January 11, 2005 Code Enforcement $20,000 Dangerous Structure Abatement $25,000 Curb, Gutter, Sidewalk Replacement $50,000 Public Service Programs City of Lake Elsinore Senior Center Services H.O.P.E. Food Program Assistance League of Temecula Operation School Bell Alternatives to Domestic Violence Program Support $17,000 $6,000 $4,000 $3,000 4. Approved Final Map 31106-1, a residential subdivision by Pardee Homes located north of Canyon Hills road between Lost Road and Cottonwood Canyon Road, subject to City Engineer's acceptance as being true and correct; and authorized acceptance of all dedications and recordation. (F:160.2) 5. Approved Deposit and Reimbursement Agreement with KB Homes. (F:68.1 ) BUSINESS ITEMS 31. Second Reading - Ordinance No. 1136 - Amendment to the Riverside County Transportation Uniform Mitigation Fee (TUMF). (F: 140.1)(X: 162.1) MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1136, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1136 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AMENDING ORDINANCE NUMBER 1096 OF THE CITY OF LAKE ELSINORE Page Ten - City Council Minutes - January 11, 2005 - TO ADJUST THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1137 - Regarding the Terms of Office for Public Safety Advisory Commissioners. (F:59.6) - MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1137, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CORRECTING CERTAIN PROVISIONS OF SECTION 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE - Page Eleven - City Council Minutes - January 11,2005 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Acceptance of Planning Commission Resignation & Designation of Sub- Committee for Interviews. (F:60.2) Mayor Magee noted the resignation of Harvey Ryan and commended his work on the Commission. He recommended the appointment of Councilman Hickman and Mayor Pro Tern Schiffner to the subcommittee to conduct the Planning Commission interviews. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE RESIGNATION OF PLANNING COMMISSIONER HARVEY RYAN; AND APPOINT COUNCILMEMBER HICKMAN AND SCHIFFNER TO THE SUBCOMMITTEE TO CONDUCT INTERVIEWS. 34. Employment Agreement for Interim City Manager/Interim Executive Director. (F:46.1) City Attorney Leibold indicated that at the direction of the City Council, her office had prepared an employment agreement between the City Council, Redevelopment Agency and Community Development Director Brady, for services as the Interim City Manager/ Executive Director. She advised that the final agreement had been reviewed by all parties in Closed Session this evening and each Councilmember now had a copy as modified. She further advised that additional copies were available with the City Clerk. She indicated that the employment agreement provides for Mr. Brady to continue as the Community Development Director, while assuming the responsibilities of Interim City Manager, until a permanent City Manager is appointed; or a period not to exceed six months. She advised that Mr. Brady would receive his existing benefits as a department director, except for the auto allowance, which will be foregone for the use of the City Manager's Page Twelve - City Council Minutes - January 11, 2005 vehicle. Councilman Hickman noted that Mr. Brady had the full support of the City Council and he was ready to move forward with this item. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE EMPLOYMENT AGREEMENT WITH ROBERT BRADY TO SERVE AS INTERIM CITY MANAGER AND INTERIM EXECUTIVE DIRECTOR. City Attorney Leibold noted that the agreement commences as of January 15th. 35. City Council Committee Appointments. (F:44.l)(X:59.1) Mayor Magee advised that this was the annual assignment of committee, and indicated that as the Mayor he had met with each member of the Council to discuss the committee assignments. He indicated that there were only some minor changes which he would read into the record. He advised that the Liaison to the Downtown Merchants Association would be eliminated; and the Liaison to the Elsinore Water District would be an "unofficial" position for Councilman Hickman. He further advised that as Alternate to the Riverside County Transportation Commission, Mayor Pro Tern Schiffner would also serve as the TUMF Zone Committee Representative. He indicated that as the alternate to WRCOG, Mayor Pro Tern Schiffner would serve as the representative to the Resource Conservation Agency. He advised that the Animal Shelter JPA should also be added with Councilman Buckley as the appointee and Mayor Magee as the alternate. Councilman Buckley commented that these were the annual appointments for calendar year 2005, but noted that the Northwest Mosquito and Vector Control District was a four year term - - - Page Thirteen - City Council Minutes - January 11,2005 MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE PREVIOUS APPOINTMENTS AS ADJUSTED ABOVE BY MAYOR MAGEE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:47 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:51 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Lt. Col Paula Graver, 117 N. Poe Street, read a poem about a soldier on Christmas eve; and indicated that it was a reminder to keep soldiers and military families in our prayers. Donna Morin, 31750 Machado Street, #71, thanked Assistant City Manager Best for her support of the Historical Society, noting that she was there when she was needed and helped them to obtain the first museum. She also thanked City Manager Watenpaugh and noted that she would miss him. She announced that the Historical Society was holding a fund-raiser, with tickets costing $10 each. She indicated that the winners would have the opportunity to name streets within the Alberhill Ranch Community due to the generosity of Castle & Cooke. She suggested that it would be most fitting that the streets be named after the people of Alberhill. She also announced that the Alberhill School would be preserved as a historical monument in the area. She commented that the Historical Society had raised about $30,000, which had been put into the downstairs renovation; and offered that she or Ruth Atkins would show the improvements to anyone who was interested in seeing where the money was going. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Thanked the City Council for their recognition. Page Fourteen - City Council Minutes - January 11, 2005 - 2) Congratulated Mr. Brady, and noted that he would work hard to keep the City running smoothly. 3) Thanked Police Chief Fetherolf for the wonderful police force he provides to the community and noted he was sure they would get to the bottom of the robberies on Main Street. 4) Announced that effective tomorrow the Lake would be closing until at least the 21 st , due to the high nutrient level and floating debris in the run-off. He indicated that it was a public safety hazard at this time; and letters had gone out to the boat launches and a press release would be going out. 5) Detailed the current street closures due to the rains. 6) Offered Congratulations to Assistant City Manager Best on her new job opportunity. - CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Announced that the Study Session originally scheduled for this Thursday, regarding policies had been postponed indefinitely. She indicated that she met with the subcommittee, and her office was undertaking a comprehensive review for consistency with the Municipal Code and recent legislation. She noted that there was also the potential of policies stemming from the audit and procedural information to reviewed based on material the City Clerk obtained at a recent meeting. She indicated that staff was working to bring an updated policy manual to the Council for study sessions, as soon as it was ready. 2) Thanked City Manager Watenpaugh and Assistant City Manager Best - Page Fifteen - City Council Minutes - January 11, 2005 for the pleasure of working with them, and wished them success and enjoyment in their future endeavors. CITY TREASURER COMMENTS No Comments. COMMITTEE REPORTS None. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Congratulated City Manager Watenpaugh on his retirement, and indicated that it had been a pleasure to serve with him. She also wished Assistant City Manager Best continued success. She indicated that she had enjoyed all nine years working with them both and would miss them. 2) Congratulated Mr. Brady. 3) Congratulated the Police Officers honored this evening. 4) Congratulated Mr. Ryan on his election to EVMWD, and noted that she was sure he would serve the community well. 5) Expressed thanks for the large amounts of rainfall, and noted that it was surprising that there was not more damage or streets closed. She indicated that the City crew was doing a wonderful job to prevent problems. Mayor Pro Tern Schiffner commented on the following Page Sixteen - City Council Minutes - January 11, 2005 - 1) Congratulated Mr. Brady on his appointment, and noted that in his tenure of about 8-1/2 years with the City, he had spent the first years on the Planning Commission. He indicated that he had known Mr. Brady a long time and would give him all the support he could. 2) Noted that he had also been involved with the City Manager and Assistant City Manager for about 6-1/2 years, and found them to be outstanding people professionally, who are responsible for most of the good things in the community. He commented that he also considers them friends and will miss them both a great deal. He wished them all the happiness and success possible. He stressed that he would miss them both and was sorry to see them go. 3) Offered congratulations to the Police Officers recognized this evemng. - 4) Offered congratulations to Mr. Ryan for his Water Board seat and indicated that he was sorry to see that happen, but it was also a great advantage for the water department. Councilman Hickman commented on the following: 1) Wished Assistant City Manager Best and City Manager Watenpaugh well and thanked them for their time spent in the City. 2) Noted the Chamber Installation Dinner at the Diamond Club on the 22nd at 6 p.m. 3) Offered kudos to Mr. Ryan and the Police Officers. Councilman Buckley commented on the following: 1) Noted the rain problems, but indicated that the Lake had come up eight feet, which meant hundreds of thousands of dollars in savings. - Page Seventeen - City Council Minutes - January 11, 2005 2) Thanked the City staffwho cleaned up after the rain. 3) Thanked City Manager Watenpaugh and Assistant City Manager Best for their years of service and looked forward to working with Mr. Brady. 4) Noted the search for a new City Manager, and requested that each City Manager e-mail the subcommittee with one question they would ask a candidate for City Manager. Mayor Magee commented on the following: 1) Announced the following upcoming events: January 18th - Homeless Census Volunteer Training at the Cultural Center (Interested parties can call Community Services). January 22nd - VIP (Volunteers in the Parks) Program from 8 to 11 a.m. at the City Yard. January 26th - Homeless Census - All Day 2) Noted the recognition of the Business of the Year, Lewis Cleaners, and indicated that they had taken care of him since 1989. 3) Reminded everyone of the gift of cheap water, and the money that would be saved thanks to the rains. 4) Echoed the comments of Community Services Direc!Or Sapp, commending staff. He commented that there was a'~~encyjo ma~e-- light of public sector employees, but he had watched !he-m w61'kin~'_, and they had come to the assistance of several homeowrrer~:tIe" '. noted that the community is changing and Mother Nature"has a: tendency to remind us of the remaining vulnerabilities. He stressed Page Eighteen - City Council Minutes - January 11, 2005 - the work done by staff to provide sand bags and heavy equipment to save properties. He further stressed that City staff was here to help and was willing to do so. 5) Addressed Mr. Fleming's comments that there had been no action on the Lakeshore blight in a year. He indicated that to the contrary, staff was now requiring camping permits, had removed hundreds of tons of trash, illegal campers, abandoned vehicles and weeds. He stressed the money expended and suggested that to say that nothing has been done, discounts the efforts of staff. He suggested that if Mr. Fleming wanted to submit a complaint form he would personally see that it was addressed. 6) Thanked the City Manager and Assistant City Manager for their years of public service and commitment to the community. - ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:13 P.M. AGEE, MAYOR ELSINORE AfEST:- - - ~- -, : ~C' CITYCLERKI HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 184 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 25, 2005 ************************************************************** CALL TO ORDER The Regular City Council was called to order by Mayor Magee at 5 :25 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) (F:40.1)(X:114.14) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC, a California limited liability company. Under Negotiation: price and terms of payment. Page Two - City Council Minutes - January 25, 2005 - b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) (F:40.1)(X:48.1) Property: APN 377-180-037 Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of the City of Lake Elsinore. Under Negotiation: Terms. c. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Attorney (Government Code Section 54957) (F:40.1) d. PUBLIC EMPLOYMENT - City Manager (Government Code Section 54957) (F:46.1)(X:40.1) City Attorney Leibold announced the above listed Closed Session discussion items as listed. - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:26 P.M. The Closed Session discussion was completed at 6:45 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting in public session at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tern Schiffner. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. - Page Three - City Council Minutes - January 25, 2005 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Lt. Koepp, Engineering Manager Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Temescal Canyon Varsity Football Team. (F:122.1)(X:142.1) Mayor Magee noted the outstanding efforts of this year's football team, achieving a 10-0 record. He read and presented the proclamation to the Coach and four members of the football team. Coach thanked the City Council for this recognition and for the opportunity to represent the community. B. Proclamation - H.O.P.E.(F:122.1) Mayor Magee congratulated the representatives ofH.O.P.E. on their contributions to the community. He read and presented the proclamation to Mr. Hewison and other representatives of the organization. Mr. Hewison thanked the Council for this recognition and noted the need of the organization for someone with a SUV to assist with deliveries. Page Four - City Council Minutes - January 25, 2005 - C. Presentation - Historical Society. (F: 1 08.1) J.J. Swanson & Ruth Atkins presented representatives ofKB Homes with a plaque in appreciation for their contribution of the furniture from four complete model homes for use in their recent fund-raiser. The representative of KB Homes thanked the Historical Society for the opportunity to participate and stressed their interest in playing an active role in the community. CLOSED SESSION REPORT City Attorney Leibold reported that all matters listed for Closed Session had been discussed with no reportable action; however Item A regarding the Campground was listed later on this agenda for discussion and consideration. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE - Ron La Pere, 16867 Wells Street, announced that the Chamber of Commerce had recognized Dan Uhlry as Citizen of the Year; and commended their choice, as well as his commitment to the community. Harvey Ryan, 17561 Sunnyslope, advised that he and Phil Williams had been assigned by the EVMWD Board to attend City Council meetings as their liaisons. He looked forward to cooperative efforts between the two agencies. Donna Franson, 7 Villa Valtelena, announced the upcoming Lake Elsinore Citizens Committee Meeting on January 27th in the Ortega High School, Multi-purpose Room. She advised that future newsletters, notices and meeting attendance would require payment of the $5 annual membership dues. Tim Fleming, 17970 Lakeshore Drive, announced that the Homeless Census would be held on January 26th and encouraged interested parties to volunteer to help. - Page Five - City Council Minutes - January 25, 2005 Mark McDorman, 3740 Ulla Lane, expressed concern with the pending dedication of Ulla Lane. He indicated that the street was partially held by each individual property owner on the street, within their deeds. He stressed that it should be a private street, due to private ownership. He requested that the Council help them to resolve this issue once and for all. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES A request was received to address the following item and deferred to that discussion: Item No. 31. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES CORRECTED AS NOTED IN THE EARLIER STUDY SESSION. 1. The following Minutes were approved: A. Joint City Council/RedevelopmentAgency Study Session- December 28, 2004. (F:44.4) B. Regular City Council Meeting - December 28, 2004. C. City Council Study Session - January 6, 2005. D. Joint City Council/RedevelopmentAgency Study Session- January 11,2005. E. Regular City Council Meeting - January 11, 2005. The following Minutes were received and ordered filed: F. Public Safety Advisory Commission Meeting - November 10, 2004. (F:59.6) Page Six - City Council Minutes - January 25, 2005 - 2. Ratified Warrant List for January 14,2005. (F:12.3) 3. Rejected and referred to Claims Administrator for handling the Claims Against the City filed by Carlos Piro (CL#2004-03), Pamela Lewis (CL #2004-05), and Brean N. Postin (CL#2004-15). (F:52.2) 4. Adopted Updated Resolutions and Authorized Signatures for the State Local Agency Investment Fund - Resolution No. 2005-1. (F:12.1) RESOLUTION NO. 2005-1 REGULAR ACCOUNT RESOLUTION, CITY OF LAKE ELSINORE. 5. Adopted Resolution of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 10 (La Laguna Phase 3) - Resolution No. 2005-2. (F:22.3) - RESOLUTION NO. 2005-2 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 10 (LA LAGUNA PHASE 3). 6. Adopted Resolution of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 11 (Alberhill Ranch) - Resolution No. 2005-3. (F:22.3) RESOLUTION NO. 2005-3 - Page Seven - City Council Minutes - January 25, 2005 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 11 (ALBERHILL RANCH). 7. Adopted Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as Tract 31917 into the City of Lake Elsinore Landscape and Street Lighting District No.1, as LLMD Annexation No.5 (La Laguna Phase 3), Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Hearing Objections thereto - Resolution No. 2005-4. (F:22.2) RESOLUTION NO. 2005-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 31917 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO.5 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. Page Eight - City Council Minutes - January 25, 2005 - 8. Adopted Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory Known as Tract 28214 into the City of Lake Elsinore Landscape and Street Lighting District No.1, As LLMD Annexation No.6 (Alberhill Ranch), Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Hearing Objections Thereto - Resolution No. 2005-5. (F:22.2) RESOLUTION NO. 2005-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 28214 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO.6 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. - 9. Approved Contract for Professional Services with Kobata & Associates for Swick-Matich Park Development and Implementation Plan. (F:68.1)(X:114.6) 10. Approved Professional Services Agreement for Recreational Aquatic Safety Assessment of Lake Elsinore with Mr. Tom Griffiths, Aquatic Safety Research Group, in the amount of$22,000. (F:68.1)(X:92.1) 11. Approved printing of Public Safety Advisory Commission brochure at a cost - Page Nine - City Council Minutes - January 25, 2005 of$.35 per brochure or a total of about $3,380. (F:59.6) PUBLIC HEARINGS 23. Public Hearing Authorizing the Issuance of Bonds and Approving Bond Documents: formation ofCFD 2005-1 (Serenity): Calling a Special Election: Canvassing Election Results: and Authorizing Levy of Special Taxes. (F:22.3) Administrative Services Director Pressey indicated that this was the process for creating a new Community Facilities District, which was initiated with the Resolution of Intention, adopted on December 14th, followed by noticing of this public hearing. Mayor Magee opened the public hearing at 7 :29 p.m. City Attorney Leibold indicated that notice of this hearing was published as required by the Community Facilities DistrictAct, with verification on file in the City Clerk's Office. Administrative Services Director Pressey clarified that this was the second phase of the Serenity Tract, being developed by KB Homes. He advised that the levy would begin in 2005-06, and the homes developed as of May 1, 2005 would have a weighted average of the taxes of about $2,557. He noted the 2% limitation on taxes and advised that this development had a rate of 1.89%. He detailed the bonds to be issued and indicated that the bonds to be issued were in the amount not to exceed $12 million, but the facilities were estimated to cost approximately $8 million. He invited Bond Counsel Hunt to describe the process. Bond Counsel Hunt indicated that it would first be appropriate to request public testimony. Mayor Magee requested clarification that this only related to the new phase Page Ten - City Council Minutes - January 25, 2005 - of Serenity Homes, and not the existing homes. Administrative Services Director Pressey confirmed that it was only the new development. Mayor Magee asked those persons interested in this item to speak. There were no requests to speak. Councilwoman Kelley noted that at the agenda review, there was a question regarding the obligated amount of the bond, and additional funds were included. Bond Counsel Hunt indicated that the improvements would potentially cost up to $8 million, but the District would be sized to cover the actual improvements at that time. Mayor Magee noted a comment at the 4 p.m. session regarding the street light, and indicated that there was a second light requested by the School District which increased the cost. He clarified that it was at a County intersection. - Mayor Magee inquired if there were any additional property owners with written protests, noting that for this purpose, only written protests would be considered. Mayor Magee closed the public hearing at 7 :31 p.m. Bond Counsel Hunt requested that the Council make a motion on the resolution of formation. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-9: RESOLUTION NO. 2005-9 RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 - Page Eleven - City Council Minutes - January 25, 2005 (SERENITY) AND APPROVING FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Bond Counsel Hunt requested adoption of the Resolution calling the Special Election. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-10: RESOLUTION NO. 2005-10 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $12,000,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005- 1 (SERENITY) AND CALLING A SPECIAL ELECTION. Mayor Magee requested that the City Clerk tabulate and report on the ballots cast. City Clerk/Human Resources Director Kasad reported that there was no opposition to the proposed formation. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-11: RESOLUTION NO. 2005-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY). MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT Page 1\velve - City Council Minutes - January 25, 2005 - ORDINANCE NO. 1139, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1139 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE - ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold announced for the record that each Resolution and Ordinance No. 1139, were unanimously approved. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:34 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:40 P.M. 21. Public Hearing - Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services)~ Calling a Special Election~ Canvassing Election Results~ and Authorizing the Levy of Special Taxes for CFD 2003-1 Annexation Area No.9 (Serenity). (F:22.3) - Page Thirteen - City Council Minutes - January 25, 2005 Mayor Magee opened the public hearing at 7 :40 p.m. Administrative Services Director Pressey indicated that this proceeding also related to the new Serenity Development. He explained that all new developments are conditioned to participate in this District, which subsidizes public safety services. He advised that this would be an annual assessment of$312.12 per single family dwelling unit and $156.06 per multi-family unit. He indicated that this was a similar process to the last public hearing. Mayor Magee requested testimony from the public. There was no public testimony on this item. City Attorney Leibold noted for the record that notice was provided as required by the Mello-Roos Act and verification was on file with the City Clerk. Mayor Magee inquired if there was any other property owners wishing to file a written protest to this action. He reminded the public that this was the new Serenity project, and not the existing homes. There were no written protests submitted. Mayor Magee closed the public hearing at 7 :44 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-6: RESOLUTION NO. 2005-6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND Page Fourteen - City Council Minutes - January 25, 2005 - PARAMEDIC SERVICES). MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-7: RESOLUTION NO. 2005-7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. Mayor Magee requested tabulation and report on the ballots submitted. City Clerk/Human Resources Director Kasad reported that the vote was in support of the proposed annexation to the District. - MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-8: RESOLUTION NO. 2005-8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO.9 (SERENITY) ANNEXED TO SAID DISTRICT. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1138, UPON FIRST READING BY TITLE ONLY: - Page Fifteen - City Council Minutes - January 25, 2005 ORDINANCE NO. 1138 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.9 (SERENITY) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 22. Resolution Approving the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No.3 (Serenity). (F:22.2) Mayor Magee opened the public hearing at 7 :46 p.m. Administrative Services Director Pressey noted that this was also related to the new Serenity Development, and was an annexation into the LLMD. He further noted that all new developments with more than four street lights and landscaped areas are annexed into the district as a condition of development. He detailed the proposed improvements and the first year of assessments. He noted that the district carried at 2% escalator. He detailed Page Sixteen - City Council Minutes - January 25, 2005 - the process for this hearing. City Attorney Leibold announced this matter had been published in accordance with the requirements and verification was on file with the City Clerk. Mayor Magee inquired if there was anyone wishing to provide public testimony on this item. There was no public testimony. He inquired if there were other property owners who wished to file written protests to this action. There were no written protests filed. He reiterated that this was the Serenity 2 project and closed the public hearing at 7:50 p.m. Mayor Magee requested that the City Clerk canvass the election returns. City Clerk/Human Resources Director Kasad reported no majority protest to the proposed action. - MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-12: RESOLUTION NO. 2005-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 3 (SERENITY). BUSINESS ITEMS 31. Appointment of Planning Commissioner. (F:60.2) Mayor Magee noted that this was an appointment to fill the seat recently - Page Seventeen - City Council Minutes - January 25, 2005 vacated by Harvey Ryan, upon his election to the EVMWD Board. He explained that two Councilmembers were asked to be part of a subcommittee for interviews. Mayor Pro Tern Schiffner indicated that he and Councilman Hickman interviewed the applicants and found them all worthy, however, decided that the best applicant for consideration was John Gonzales. Councilman Hickman expressed concurrence with this recommendation, but thanked all of the applicants, noting that they were all well qualified. Mayor Magee noted that the sub-committee's recommendation was unammous. Councilwoman Kelley commented that in the past Mr. Gonzales had been her appointment to a number of committees including the Palm Trees, the Fire Station Naming and the Country Club Heights. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPOINT JOHN GONZALES TO THE VACANCY ON THE PLANNING COMMISSION FORA TERM CONTINUING UNTIL JUNE, 2008. 34. Lake Elsinore Campground and Day Use Facility Concession Agreement. (F:1l4.13) Lake & Aquatic Resources Kilroy indicated that the City staff was pleased to bring forward a proposal for a plan to invest $17 million in the Campground facility. He indicated that the concessionaire had done a great job in operating a very old facility. He introduced Chet Roberts, President of Pyramid Enterprises, for an overview of the proposal. Mr. Roberts indicated that this discussion would culminate two years of negotiations with City staff, and they were pleased to come before the Council to provide an overview of the project. He indicated that they Page Eighteen - City Council Minutes - January 25, 2005 - would proceed in three phases, to maintain the continuity of the facility throughout the development phase. He detailed the proposed improvements including 160 full hook-up sites, a recreation center, swimming pool, realignment of the entrance, tennis courts and a dry storage area. He commented on the sensitivity of the tree situation and indicated that they would preserve the existing trees where possible. He indicated that they will work to create an environment that is much safer for the campers. He commended City staff on their two years of negotiations and thanked them for their efforts. Lake & Aquatic Resources Director Kilroy requested that the City Attorney highlight the details of the agreement. City Attorney Leibold indicated that there would be a $17 million investment over a period of up to three years. She indicated that upon completion, a new financial arrangement would come into effect for 5% of the gross receipts, with a minimum of $150,000 for the first five years. She advised that the term was for 40 years, and the City had a buy out provision based on the unamortized value of the improvements. She indicated that it was a long term agreement with the improvements coming through the standard City entitlement process. She noted that one of the key improvements was the realignment of the entrance with Lincoln Avenue. - City Treasurer Weber questioned the track record of the concessionaire on a project of this type and their successes. Lake & Aquatic Resources Director Kilroy noted that they were teaming with a developer that had done a number of projects. He also noted that a completion bond would be required as insurance, with a check for $50,000 up-front and the completion bond for the $17 million. City Treasurer Weber inquired if they had done a project of this size before. Mr. Roberts indicated that they had not, as this would be a five star resort; but stressed that his career was operating campgrounds, so he brought good experience to the project. City Treasurer Weber inquired into the biggest project they had done. Mr. Roberts indicated that he manages about 200 campgrounds across the United States, but they have not been involved in one nearly this size. City - Page Nineteen - City Council Minutes - January 25, 2005 Treasurer Weber indicated that people usually want to do some verification of dollars involved in a project of this size. He indicated that he did not think there had been any audit of the receipts coming in; and suggested verification would be more prudent for the City, than going into this arrangement based on trust. He suggested that there was a need to know the potential capabilities of the campground. He questioned who had looked at the numbers to make sure they made sense. Mayor Magee questioned the concessionaire's track record over the last three years. Lake & Aquatic Resources Director Kilroy indicated that when the City operated the facility it was loosing about $160,000 a year, and it was flooded. He further indicated that when Pyramid took over the boat launch became operational and the City had received about $30,000 a year. Mayor Magee inquired if there had been an audit of those books. Lake & Aquatic Resources Director Kilroy indicated that there had not been a formal audit, but the City received monthly statements. City Attorney Leibold commented that each of the monthly statements was in order and there had been no cause for a formal audit. She stressed that there were specific requirements for maintenance of the books and records, including the requirement that they use a CPA to provide audited financial statements. She advised that she and the Administrative Services Director had reviewed the plan and felt very comfortable with their performance to date. She indicated that it was viewed as a mutually beneficial plan. Mayor Magee inquired if the City Treasurer felt more comfortable based on this information. City Treasurer Weber indicated that from a business standpoint it should have been audited up-front. He commented that it was good it was in the contract, but he was not sure why it was not done in the beginning to understand the status. He questioned if there had been adequate due diligence in that this was the first time the developer was doing a project of this type. He indicated that he trusted staff's judgment, but it would be good to verify. Page Twenty - City Council Minutes - January 25, 2005 - Councilman Buckley commented that the City would get more money out of this plan than it was currently receiving. City Attorney Leibold noted that due diligence was conducted. Mr. Roberts introduced Fred Rice, who had the experience of doing this type of development. Fred Rice, indicated that he had been in the development arena for 35 years, and noted that in 1995-98, he did a $150 million project in Nevada. He indicated that most of his projects are single family residences in the $20 to $50 million range. He indicated that he owns two mobile home parks, and this is not a large project for him. He stressed that he is capable of building and operating a project of this size. Mayor Magee noted that Mr. Rice was the Development arm and Mr. Roberts was the Management arm, and they were joining efforts on this project. He noted that they were making a considerable investment in the community. - Councilwoman Kelley commented that over the years, when there was an interest in overhauling the campground, there was a concern for the tent camping area. She noted that the boy scouts frequently used the area and she was very concerned with the preservation of that area for tent camping. Mr. Roberts confirmed that they would preserve an area for the boy scouts, which would be affordable, but closer to the lake. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO APPROVE THE CONCESSION AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. Mayor Pro Tern Schiffner indicated that he was looking forward to seeing the project started and completed. He commented that he was happy to have them here. - Page Twenty-One - City Council Minutes - January 25, 2005 Mayor Magee noted that this was a $1 7 million investment for tourist recreation oriented business over the course of three years, which would make a dramatic impact on the valley. He suggested that it would fire the community's economic motor, and commended staff and the City Attorney on an excellent job. He noted that while the agreement was for 40 years, there was a buy-out provision. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Final Plan to Rehabilitate the Boat Launch Facility at the LERA Campground. (F: 114.13)(X:92.1) Lake & Aquatic Resources Director Kilroy noted that this was a request for direction for rehabilitation of the facility. He explained that the facility was built in the mid-1960's and was overdue for rehabilitation. He reminded Council that the City had received a $3 million grant, which would cover %'s of the total project amount, but not the improvements to the adjacent peninsula. He indicated that to insure operational safety of the shoreline, it had been considered by the Public Safety Advisory Commission and they recommended four different options. He detailed the options, and indicated the options were reviewed by Noble Consultants, who recommended option 2 for functionality. He explained that the project would consist of floating docks/breakwater system, removal of a portion of the peninsula, with the remaining portion of the peninsula graded and contoured to take out any abrupt grades. He advised that it would include a 425 foot dock, anchored by pilings~ which would serve as a visible barrier. He indicated that the Public Safety Advisory Commission had reviewed the recommendation on January It\ but had several concerns. He stressed that the criteria was safety to swimmers and boaters, and staff had recommended consideration of no breakwater at all, but some felt the breakwater was desirable. He advised that the recommendation of plan 2, carried a total cost from $4.89 million to $5.2 million, depending on the cost of dredging and fill material. He indicated that staff had set aside $909,000 in the Capital Improvement Budget, but would require up to an addition $1.3 million. He noted other Page 1\venty-1\vo - City Council Minutes - January 25, 2005 - possible options for funding and recommended concurrence with the Public Safety Advisory Commission recommendation for option 2, with staff being directed to investigate other funding sources. Councilman Buckley noted that he had requested consideration of this item after the Concession Agreement, so there would be a new revenue stream. He suggested approving the project with funding from Capital or the new revenues from the campground itself. Councilman Hickman expressed concern with the needed $1.3 million, since only $900,000 was in the budget. He noted the other needs for this year such as Highway 74 infrastructure and the new fire station. He stressed the need to come up with some creative financing, as other projects are more important and budgets will get tight. Mayor Pro Tern Schiffner addressed the concern for additional funds and indicated that staff had several options for financing, as well as possible one time revenue sources. He indicated that he did not see a great problem over the two year period. He stressed that this was really needed to make the operation worthwhile and address the safety issues at the same time. He indicated that he was in favor of moving ahead. - Councilman Hickman indicated that he was in favor of the project, but concerned with the financing. Councilwoman Kelley commented that no one would argue that transportation was a priority, but this action was directing staff to find a way to finance the project. She stressed that they would have to identify the funding source. She indicated that she was willing to assign that responsibility and support the motion. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO SUPPORT OPTION 2 AND DIRECT STAFF TO IDENTIFY FUNDING WITH CAPITAL FUNDS OR CAMPGROUND CONCESSION REVENUE. - Page 1\venty- Three - City Council Minutes - January 25, 2005 Councilwoman Kelley questioned the use of the campground concession money. Councilman Buckley clarified that it would be the income the campground would be generating, due to the new agreement. Councilwoman Kelley expressed concern with locking into something that would not pan out, time wise. Administrative Services Director Pressey inquired if there was any limitation on the capital funds. Councilman Buckley clarified that staff should look at capital first, then concession monies and general fund last. Mayor Pro Tern Schiffner indicated that he was reluctant to look at a process that would tie staff up too tightly, but this proposal would not do that, as capital is a broad category. Mayor Magee clarified that the intent was no general fund money and no unallocated revenues. He noted that at the study session a concern was raised regarding the 15/74 interchange; and indicated that had discussions with Caltrans and they think they will be able to resolve that issue. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Formation and Selection of General Plan Advisory Committee. (F:83.l )(X:59.l) City Manager Brady indicated that the City was in the process of updating the General Plan and had approved $500,000 this year and $500,000 next year in funding. He further indicated that the consultants had been hired to update the plan and staff had met with them in the process. He noted Council's interest in public participation and a number of organizations, agencies and individuals which had been mentioned for participation. He suggested that the Committee be limited to 10 to 15 members, including representatives of the Chamber, Schools, Water District, Business Owners, Residents, Adjacent Residents, a Planning Commissioner, the Tourism Industry and the Development Community. He suggested that the Council encourage people to apply and turn their names in to the City Clerk's Office; Page 1\venty-Four - City Council Minutes - January 25, 2005 - with the matter returning to the February 220d meeting for appointments. Mayor Magee requested that Councilwoman Kelley and Councilman Buckley serve as appointees to a subcommittee to review those interested in serving on the GPAC, and bring a recommendation back to Council. He reiterated that anyone interested in participating contact the City Clerk's Office or the City Council Members on the subcommittee. He noted that the Mayor would appoint the Chairperson to the GPAC. Councilman Buckley suggested that to make the February 220d meeting, everyone interested should submit their names by February 10th, so the subcommittee can decide how to proceed. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT COUNCILMEMBERS BUCKLEY AND KELLEY TO THE SUBCOMMITTEE TO SELECT AND RECOMMEND THE MEMBERS FOR THE GPAC TO INCLUDE THE AGENCIES PREVIOUSLY LISTED PRIOR TO FEBRUARY 22ND. - THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:29 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:33 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, 117 N. Poe Street, read a letter from a soldier serving in Iraq, thanking the community for the support of the troops. She noted that there was a website for positive information on the effort in Iraq being www.strikersnews.com She also read a poem entitled "God Bless a Soldier". She invited everyone to attend the second anniversary of the rallies on March lih. Chris Hyland, 15191 Wavecrest, noted an article about the flood control letter. - Page 1\venty-Five - City Council Minutes - January 25, 2005 She stated that she was present as a private citizen, and stressed her first amendment right as either a citizen or an elected official. She questioned if the Council was aware that sand was poured into the end of the levee and indicated that it should have been impervious material. She indicated that it was the opinion of many that the levee should not have been configured in a 900 curve. She reiterated the need for an impervious material that would not erode. Vida Boice, 17 Ponte Negra, addressed the City Council and Police Chief regarding continuing issues with motorcycles in her neighborhood. She indicated that it had been discussed with police representatives, and stressed that police officers were being paid to deal with the problem. She stressed that the riders were making the area a racetrack and indicated that the police needed to do more. Mayor Magee suggested talking with the Police Chief regarding the exact location so it could be addressed with the ROVE program. Mrs. Boice further addressed her concerns with Railroad Canyon Road. She indicated that she had no problem using Franklin Street as an alternative, but stressed that it was in bad shape and questioned if it would be adequate. She indicated that it was difficult for two big cars to pass, as it currently existed. Mayor Magee indicated that City Engineer Seumalo would be happy to meet with Mrs. Boice and listen to her concerns. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Congratulated Dan Uhlry on his Citizen of the Year recognition. 2) Commended the Chamber of Commerce on a very nice event. 3) Addressed Ulla Lane, and indicated that staff was aware of the issues, had met with the residents several times, and were looking at the concerns. He noted that staff was also looking at similar concerns on Timberlake with the traffic from the development of the adjacent property. Page 1\venty-Six - City Council Minutes - January 25, 2005 - 4) Indicated that staff was looking at Franklin Street, and noted that it was part of the unfunded project list. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Wished City Manager Brady a Happy Birthday. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber had no comments. - CITY COUNCIL COMMENTS Councilman Buckley commented on the following: 1) Thanked Congressman Issa's Office for the opportunity to attend the inauguration, and noted a line from the President's speech, that "to serve the people, one needs to trust them". Councilman Hickman commented on the following: 1 ) Offered kudos to the Chamber of Commerce for the Installation Dinner, and noted that the women looked gorgeous. 2) Congratulated Citizen of the Year Dan Uhlry, Packman Winner- Sally Myers, Large Business of the Year - Lake Chevrolet, Small Business of the Year - A Better Party. - Page 1\venty-Seven - City Council Minutes - January 25, 2005 3) Offered congratulations to John Gonzales on his appointment to the Planning Commission. Councilman Schiffner commented on the following: 1) Concurred with Councilman Hickman that the women at the Chamber Dinner looked nicer than the men. Councilwoman Kelley commented on the following: 1) Congratulated Mr. Cousins on a wonderful installation, noting that the food was great, and the decorations were outstanding. 2) Congratulated John Gonzales, noting that he had been in the community a long time. 3) Thanked Mayor Magee for being able to playa part on the General Plan subcommittee. She reiterated that interested parties should contact herself, Councilman Buckley or the City Clerk. 4) Wished City Manager Brady a Happy Birthday. Mayor Magee commented on the following: 1) Recognized Mr. Cousins and the Chamber Board for their work on the Chamber Installation. He concurred that Dan Uhlry was truly the Citizen of the Year. 2) Noted that the brochures for the RDA and PSAC were approved this evening. He indicated that staff working with the graphic artist had elevated this work to a top notch project. 3) Noted that there was an announcement for the last meeting that he forgot to read. He apologized to Ms. Graver and noted that from 10 Page Twenty-Eight - City Council Minutes - January 25, 2005 - a.m. to 3 p.m. on March 1ih there would be a celebration of the 2nd Anniversary of the Support the Troops Rally, with over 100 motorcycles. He further noted that there were still rallies every Saturday from 10 a.m. to 2 p.m. in front of Burger King. He indicated that people wanting to get involved could contact Ms. Graver at 951-805-2878 or Alaskan.angel@verizon.net. 4) Announced the following upcoming events: January 26th Homeless Census starting at the Cultural Center February 5th Household Hazardous Waste Collection at the City Yard February 6th Open Air Market, Downtown ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:49 P.M. - ROBERTE.MA E,MAYOR CITY OF LAKE LSINORE ~ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 22, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Finance Manager Magee, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, and Deputy City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYMENT - City Manager. (F:46.1) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING L TIGA TION - Larios v. Santiago, Riverside Superior Court Case No. TEC 058066. (F:40.1)(X:52.2) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR- Property: A.P.N. 377-180-037 (Silver StreetlMinthom Street) Page Two - City Council Minutes - February 22, 2005 - Negotiating Parties: City of Lake Elsinore and Redevelopment Agency of the City of Lake Elsinore. Under Negotiation: Terms. (F:40.1 )(X:48.1) THE REGULAR CITY COUNCIL MEETING WAS RECESSED at 6:00 P.M. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE - ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Finance Manager Magee, Public Works Manager Payne, RecreationlTourism Manager Fazzio, Parks & Open Space Manager Fazzio, Planning/Code Enforcement Manager Villa, Building & Safety Manager Chipman, Engineering Manager Seumalo, and Deputy City Clerk Ray. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere. INVOCATION - MOMENT OF SILENCE PRAYER Mayor Magee led the meeting in a moment of silent prayer. - Page Three - City Council Minutes - February 22, 2005 PRESENTATIONS/CEREMONIALS a. Proclamation-Pastor Fred Rodriguez. (F:122.1) Mayor Pro Tern Schiffner presented the Proclamation to Pastor Rodriguez. Pastor Rodriguez thanked the Mayor and City Council for the proclamation he was presented. He indicated that the leadership of the City was admirable and indicated that his church was praying for each and every Councilmember; and that God would continue to give them wisdom in leading the community b. Presentation-RDA Committee Member Wilsey. (F:134.1) Mayor Magee indicated that Rita Wilsey was a long time resident of the Elsinore Valley, business owner, and advocate for the City. He indicated that her late husband Al Wilsey served on the Planning Commission with great distinction for more than a decade. Mayor Magee explained that Rita Wilsey volunteered to be on the Redevelopment Agency Committee. He indicated that she had recently submitted her resignation. Mayor Magee presented her with a Certificate of Recognition. Rita Wilsey thanked Mayor Pro Tern Schiffner and the City Council for the opportunity to serve on the Committee. c. Proclamation-100th Anniversary - Rotary International. (F: 122.1) Mayor Magee read and presented the proclamation to Lake Elsinore Rotary Club. Each Rotary member introduced themselves and highlighted their involvement in the Community. CLOSED SESSION REPORT City Attorney Leibold commented that the City Council met in Closed Session. She indicated that Item A had no reportable action, although there was an open Page Four - City Council Minutes - February 22, 2005 - session Item No. 36 in connection with the hiring of a recruiting firm to seek and recruit a permanent City Manager. City Attorney Leibold indicated that Item B - Larios v. Santiago, City Council voted unanimously to approve a Settlement Agreement. She further indicated that the Settlement Agreement provided that the plaintiff would dismiss the City without any liability, so it would be at no cost to the City. She indicated that the City was improperly named a party and the City was agreeing not to pursoo a reimbursement of its costs, as the City did not incur a cost, it was covered by the J oint Powers Insurance Authority and their recommendation was to move forward with the settlement. City Attorney Leibold indicated that Item C had no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Paula Graver, Lake Elsinore, commented that on March 12th they would be celebrating the two year anniversary of the "Support the Troop Rallies". - Dick Knapp, commented that the City was going to flood. He requested that Council contact County Flood Control to have the Wasson Creek basin cleaned out before the next rain storm came. He indicated that he had contacted the County Flood Control in regard to the catch basin. Mayor Magee informed everyone that he had received 27 requests to speak on Item No. 35 - Lake Elsinore Rental Housing Safety program. Mayor Magee with the approval of the Councilmembers suggested hearing Item No. 35 after the Consent Calendar. City Council concurrence was obtained. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0-1 WITH MAGEE ABSTAINING FROM VOTE ON ITEM 10 TO APPROVE THE CONSENT CALENDAR AS PRESENTED. - Page Five - City Council Minutes - February 22, 2005 1. The following Minutes were approved: (F:44.4) a. Joint City Council/Redevelopment Agency Study Session - January 20, 2005. b. Joint City Council/Redevelopment Agency Study Session- January 25, 2005. 2. Ratified Warrant List for February 15,2005. (F:12.3) 3. Received & Filed corrected Investment Reports for: (F: 12.5) a. July, 2004 b. August, 2004 c. September, 2004 d. October, 2004 e. November, 2004 f. December, 2004 4. Rejected and referred Claim No. 2005-8 from Yvette D. Fuentes to Claims Administrator for handling. (F:52.2) 5. Approved waiver of formal bid process for additional purchase of Rip-Rap Rack for Levee repair. (F:92.1) 6. Granted the exemption to bid procedures for City Hall. (F:50.1) 7. Granted the exemption to bid procedures for the purchase of the G.I.S. Division Trailer. (F:50.1) 8. Approved contract and authorized the City Manager to sign contract with P.M. Services for professional engineering services. (F:68.1) Page Six - City Council Minutes - February 22, 2005 - 9. Approved the agreement and authorized the Mayor to sign the agreement with Centex Homes for reimbursement of drainage and street improvements costs for the construction of master planned storm drain facilities and traffic improvement fund projects within the Ramsgate Specific Plan Area. (F:68.1 )(X: 150.2) 10. Approved the Final Map 25478 subject to City Engineer's acceptance. (F: 160.2) 11. Approved Quitclaim Deed for a remnant portion of Railroad Canyon Road. (F: 132.1)(X: 156.1) BUSINESS ITEM 35. Lake Elsinore Rental Housing Safety Program - Ordinance No. 1140. (F:87.1) City Manager Brady gave an overview of the item. He indicated that the program was not intended to require units to be brought up to the existing building codes and regulations. He indicated that the intention of the program was to inspect housing units to ensure they were in compliance with minimum standards in terms of health and safety standards. - Councilman Buckley indicated that during the 4:00 p.m. Study Session it was a clear unanimous sense with the Council that this item was a no go. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO REJECT THE ORDINANCE AS PROPOSED; AND DIRECTED STAFF TO CREATE RENTER RIGHTS/LANDLORD RIGHTS PAMPHLETS TO BE HANDED OUT TO LANDLORDS TO BE DISTRIBUTED TO RENTERS, AS A REQUIREMENT FOR ALL LANDLORDS TO DO SO. THE CITY REINVIGORATES THE MULTI- FAMILY CRIME FREE HOUSING PROGRAM. STAFF RESEARCHES ADDITIONAL CODE ENFORCEMENT AND SIGNIFICANTLY INCREASES FINES. - Page Seven - City Council Minutes - February 22, 2005 Councilwoman Kelley indicated that her intention was to pull the agenda item off to have a Study Session in the future, but she was satisfied with the motion made by Councilman Buckley. Mayor Pro Tern Schiffner indicated that he felt majority of the Council was in favor of a program that would protect the renter. He suggested putting the item to rest at this time. Councilman Hickman indicated that Code Enforcement needed more power. He indicated that he was not in favor of the program the way it was written; and he was not there to tax the rental property owners. Mayor Magee indicated that the program represented an arbitrary unappealable application of fee which was a tax. He indicated that he could not support a tax on business which would then be passed along to the resident in an increase in their monthly rent. He indicated that there were already mechanisms in place to protect Lake Elsinore renters. Elizabeth Ferguson, 15177 Lincoln Street, Lake Elsinore, suggested implementing the Multi-Family Crime Free Housing Program in Lake Elsinore. She indicated that she had visited the Lake Elsinore Police Department to have it implemented into her property and did receive a response. She requested a point of contact to receive more information on the program. City Manager Brady indicated that there was a plan in the works to get another training session for the program and staff would notify rental property owners that left contact information. Bud Attridge, Lake Elsinore, thanked Council for rejecting the Ordinance. Dale Hite, 115 N. Kellogg, suggested an alternative to the approved the motion. He suggested giving the landlords voluntary inspections and issuing a grade similar to that of the restaurant industry. Page Eight - City Council Minutes - February 22, 2005 - Norm Gritton, 27245 Highway 74, commended Council on making the right decision. He indicated that the City of Riverside had gone through a similar issue. He indicated there were already things in place to protect renters. City Manager Brady announced that the next Multi-Family Housing Crime Free Program would be held at the Cultural Center, 183 N. Main Street, at 8:00 a.m., March 17th. He suggested that if there was anyone that would like to attend they should contact City Hall. PUBLIC HEARING 21. Tentative Parcel Map No. 31901 - D&D Cattle, LLC - Collier Avenue between Central Avenue and Chaney Street. (F: 11 0.2) City Manager Brady gave an overview of the item. Mr. Brady deferred to Planning/Code Enforcement Manager Villa. Mr. Villa gave an in depth review of the item. He indicated that the property was currently under construction. He indicated the applicant had agreed to all of the conditions of approval. - MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 31901. BASED ON THE EXHIBITS AND FINDINGS, BASED ON THE FINDINGS AND EXHIBITS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 31901, which action is bought within the time period provided for in California Government Code Sections 65009 and/or - Page Nine - City Council Minutes - February 22, 2005 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. 2. Tentative Parcel Map No. 31901 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall comply with the following City programs: the City Page Ten - City Council Minutes - February 22, 2005 - Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 10. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility servIces. 11. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 12. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 13. The applicant shall pay all applicable fees including park fees. - 14. The applicant shall meet all requirements of the providing electric utility company. 15. The applicant shall meet all requirements of the providing gas utility company. 16. The applicant shall meet all requirements of the providing telephone utility company. 17. A bond is required guaranteeing the removal of all trailers used during construction. 18. Prior to issuance of a certificate of occupancy, the applicant shall prepare and record CC&R's against the commercial manufacturing business park requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and - Page Eleven - City Council Minutes - February 22, 2005 drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 19. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 21.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 22. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 23. The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K-Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1, 2004. 24. 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 final map approval. 25. Dedicate a 5 ft. wide strip of additional street right-of-way along the frontage of Collier Avenue to the City prior to final map approval. Page Twelve - City Council Minutes - February 22, 2005 - 26. Sidewalks, with handrail, will be required to be constructed along Collier Avenue. 27. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 28. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 29. All parcels shall have direct access to public right-of-way or be provided with a minimum 26-foot ingress and egress easement to public right-of-way with no on-street parking from the tract boundaries to Minthorn Street by separate instrument or through map recordation. - 30. The 26 foot easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final map approval. 31. Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map approval. 32. The 26 foot ingress/egress easement to Chaney Street must exit onto Chaney Street at least 200 feet from the intersection of Chaney Street and Collier Avenue. 33. Developer shall contribute $4,600 for the design and construction of the landscaping for one-half of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of a certificate of occupancy. 34. Provide reciprocal access easement to PM 21297. 35. Applicant shall install street lights consistent with City Standards along Collier Avenue. _ Page Thirteen - City Council Minutes - February 22, 2005 36. Street improvement plans and specifications shall be prepared by a California 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). 37. Applicant shall construct public improvements or enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 38. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 39. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" X 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 40. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 41. 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. 42. Provide fire protection facilities as required in writing by Riverside County Fire. 43. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 44. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page Fourteen - City Council Minutes - February 22, 2005 - 45. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 46. All improvement plans and maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 47. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 48. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. - 49. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 51. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. _ Page Fifteen - City Council Minutes - February 22, 2005 52. Individual lot 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. 53. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 54. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 55. The site is in the Flood Zone AO; FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 foot above existing adjacent grades. 56. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 57. Meet all requirements ofLEMC 15.68 regarding floodplain management. 58. The applicant to provide FEMA elevation certificates prior to certificate of occupanCIes. 59. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 60. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. Page Sixteen - City Council Minutes - February 22, 2005 - 61. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 62. Ten year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 63. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 64.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 65. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide an S WPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. - 66. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. - Page Seventeen - City Council Minutes - February 22, 2005 68. Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 69.Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 70.1n accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 22. Declaration of Weeds. Rubbish. Refuse and Dirt as a nuisance - property owners to be notified - Resolution No. 2005-15. (F:166.1) City Manager Brady gave an overview of the item. Mr. Brady deferred to Parks & Open Space Manager Fazzio. Mr. Fazzio gave a more in depth review of the item. Mayor Magee opened the public hearing at 7 :40 p.m. Mayor Magee closed the public hearing at 7 :44 p.m. Councilman Hickman noted the number of vacant property owners; and he further noted that it cost over $3,500 in postage. Councilman Hickman indicated that Mr. Fazzio handled this issue last year efficiently and professionally; and suggested that the mailers listed Mr. Fazzio as the contact person. Page Eighteen - City Council Minutes - February 22, 2005 - MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-15: RESOLUTION NO. 2005-15 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, RUBBISH REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. - BUSINESS ITEMS 31. A Resolution of the City Council of the City of Lake Elsinore declaring its Intention to Order Vacation ofa portion of3rd Street. east of Collier Avenue- Resolution No. 2005-14. (F:I0.l) City Manager Brady gave an overview of the item. He explained that it was for installation of a pump station at that location. He indicated that the adjacent property had expressed concerns about the issue. He further indicated that City staff and EVMWD staff had met with the property owner and the applicant (CENTEX Homes). He deferred to Engineering Manager Seumalo. Mr. Seumalo gave a more in depth review of the item. Cheryl KirkPatrick, Attorney at Law, commented that she was representing the adjacent property owner Mr. John O'Doherty. She indicated that her - Page Nineteen - City Council Minutes - February 22, 2005 understanding was that Mr. O'Doherty had not received proper notice of the City Council proceedings or the Intent to Vacate. She also indicated that Mr. O'Doherty indicated that he was told at the last Council meeting he would receive maps and plans; and he had not received those items from the City. She also indicated that Mr. O'Doherty requested no action be taken on this item at this meeting. Mayor Magee requested that Engineering Manager Seumalo give some insight on the meeting with EVMWD. Engineering Manager Seumalo indicated that the meeting took place Monday or Tuesday the previous week; and the attendees were himself, Mr. Holmquist, Mr. Miller, and Mr. O'Doherty. He indicated that they had discussed the vacation of the area away from Collier Avenue towards the freeway right-of- way, two thirds of that area. He indicated that the discussion was due to Mr. O'Doherty's feeling that he was being damaged because of access and aesthetics to his property. He indicated that they also discussed the plans. He noted it was their intent and he believed that Engineering staff had passed on information to Mr. O'Doherty, but he would need to check with staff. He indicated that they were to meet again preferable this week to discuss it further. He indicated that they had every intention of meeting with him and they did. Mayor Magee advised that staff needed to verify that Mr. O'Doherty did receive copies of those engineering documents; he believed it was a good idea to provide him with those documents. He indicated that the item before Council was a notice of intent to vacate and set a Public Hearing one month from today. Mr. Seumalo indicated that there was a Planning Commission Meeting that they would also hear the matter and Mr. O'Doherty would be noticed on that as well. Councilman Buckley indicated that Mr. O'Doherty had left him a voicemail message earlier that day. He indicated that the message indicated Mr. O'Doherty apologized for not being able to attend the meeting and indicated he had not received documents. Page Twenty - City Council Minutes - February 22, 2005 - Mayor Pro Tern Schiffner indicated that he was going to vote no, based on the principal that he was unhappy with the way the situation had been handled. He indicated that the issue had gone too far and Council never had a chance before to make a decision or discuss this with the property owner. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1 WITH SCHIFFNER VOTING NO TO ADOPT RESOLUTION NO. 2005-14: RESOLUTION NO. 2005-14 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO ORDER VACATION OF A PORTION OF 3RD STREET EAST OF COLLIER AVENUE. - 32. Appointment of General Plan Advisory Committee. (F:83.3) Mayor Magee gave an overview of the item. He deferred to Councilwoman Kelley and Councilman Buckley. Councilwoman Kelley thanked everyone who submitted an application. She indicated they had received over 22 applicants and there was a balance between County and City residents and a balance between large and small business owners. Councilman Buckley echoed Councilwoman Kelley's comments. He indicated that there were 11 appointees and 2 alternates. He indicated that the alternates were expected to attend each of the meetings. Councilman Buckley read the names of the appointees and alternates as follows: - Page Twenty-one - City Council Minutes - February 22, 2005 APPOINTEES Lorraine Watts Charles Shamblin Carol Pollock Carl Johnson Fred Francia Tom Tomlinson Steve Wallace Dr. Anthony Salmon Michael O'Neal John Hamilton Emerson Brigham ALTERNATES Tim Fleming Charlene Cleary MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO RATIFY SUBCOMMITTEE RECOMMENDATIONS. Mayor Magee congratulated the appointees and alternates for the committee; and thanked the individuals who did not get appointed for their concern and offer to volunteer for the community. 33. Request for Proposals: Branding and Public Relations/Marketing Plan. (F:70.1 )(X:44.1) Mayor Magee introduced the item and deferred to Information! Communications Manager Dennis for an overview of the item. Information! Communications Manager Dennis indicated that staff created an RFP which was the item before Council. He indicated that the objective of a branding campaign was to impress the City of Lake Elsinore's identity upon an existing group of potential customers, citizens or clientele. He indicated that this was what made the City distinct in how it carries itself into the future. Councilman Buckley complimented Mr. Dennis on the staff report. He indicated the item was discussed more in detail at the 4:00 p.m. Study Session. Page Twenty-two - City Council Minutes - February 22, 2005 - MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ISSUE THE RFP WITH THE MODIFICATIONS MADE AT THE STUDY SESSION AND AS SOON AS THE CHANGES WERE COMPLETE ALLOW FOR DISTRIBUTION; AND APPOINT COUNCILMEMBERS BUCKLEY AND HICKMAN TO SUBCOMMITTEE. 34. Amended Agreement for Campground Concession to include operation of Seaport Boat Launch. (F:68.1)(X:92.1) Mayor Magee introduced the item and deferred to Lake & Aquatic Resources Director Kilroy. Mr. Kilroy gave an in depth overview of the item. He indicated that the Concessionaire showed an interest in operating the boat launch. He further indicated that staff had done a comparison between a City operated facility and an operation by a Concessionaire. He further indicated that regardless of who operates the facility, the City would receive $8 per vessel for the day use pass; and by a Concessionaire operating the facility the City would not pay an operating cost. He also indicated that according to the analysis the City made $10,000 net revenue by allowing a Concessionaire to operate the facility. He indicated that the Concessionaire might be able to increase the use of both facilities by tying them together. - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDED AGREEMENT AND AUTHORIZE THE CITY MANAGER TO SIGN. 36. Selection of recruiting firm for City Manager. (F:46.1) Councilman Buckley indicated that seven firms submitted resumes. He indicated that two were selected for interviews - Alliance was selected along with Wilcox, Miller & Nelson. He indicated that the subcommittee did meet with each firm. He indicated that they had offered two distinct concepts. He indicated that the subcommittee selected Wilcox, Miller & Nelson for Council approval. - Page Twenty-three - City Council Minutes - February 22, 2005 Councilwoman Kelley indicated that both firms were impressive. She indicated that she agree with Subcommittee Member Buckley in the selection of Wilcox, Miller & Nelson. Mayor Pro Tern Schiffner clarified for the public that the firm was not going to hire a City Manager, but find qualified candidates and create a list to present to the Council. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SUBCOMMITTEE RECOMMENDATION TO EXECUTE A SERVICE CONTRACT WITH WILCOX, MILLER & NELSON. 37. Fire Station Naming - Station 94. (F:127.3) City Manager Brady gave an overview of the item. He indicated that the naming committee recommendation was to reflect the geographical location of the Fire Station from a safety stand point that allowed Fire personnel'and residents to know where the station was located. He indicated that they recommended the name be Canyon Hills Fire Station. He further indicated that they recommended that the policy for naming new Fire Stations followed the same reflection of the geographical location the station was in; and for the Rosetta Canyon Fire Station they recommended it be named Rosetta Canyon Fire Station. MOVED BY SCHIFFNER, SECONDED BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RECOMMENDATIONS MADE BY THE FIRE STATION NAMING COMMITTEE TO NAME STATION 94 - CANYON HILLS FIRE STATION AND THE ROSETTA CANYON STATION TO BE NAMED ROSETTA CANYON FIRE STATION. Page Twenty-four - City Council Minutes - February 22, 2005 - PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Donald Foster, 29256 Northpointe Street commented that he and the residents in his neighborhood needed help in renewing the beauty in their neighborhoods. He indicated that when he bought his home he had to sign CR&R's, which indicated that boats, trailers, recreational vehicles, trash receptacles, and junk in front of the house, it had to be behind a fenced area. He indicated that he had recently had an appraisal done on his home and the appraiser lowered the appraisal for poor appearance of the neighborhood. He indicated that an exact model of his home without a view sold for $50,000 more than their appraisal. He indicated that most of the residents with these issues had received warnings and the warnings were ignored. He indicated that the fines should be increased. He proposed an ordinance to enforce the hour's trash receptacles were allowed in front of homes and to restore and enforce the newer neighborhoods CC&R's as originated. Mayor Magee thanked Mr. Foster for his comments and indicated that he would give his phone number to the City Manager so that staff could do a follow up. - James Bush, 32480 Cape Drive, commented that his rights had been violated in the City of Lake Elsinore. He indicated that he lived in the Serenity tract and KB Homes were starting a building project. He indicated that before the project was built he had gone to the City Planning Department and expressed his concerns and his desire to be involved in the project. He indicated that he was told not to worry he would be sent information and would have an opportunity to be involved in the project. Mr. Bush explained that he was never notified and when things started to unfold he attended another Council Meeting and requested to be involved again. He indicated that he was promised that he would be allowed to be involved and his rights would not be violated; and his name would be put on the mailing list and the information would be sent to him. He further indicated that now there was a house built along the side of his home and when he came out his front door or looked out his windows, what used to be a beautiful view of the mountains was now the sight of a house, a garage and an electric meter. He noted that he was not given the opportunity to be a part of the project and everything seemed to have been - Page Twenty-five - City Council Minutes - February 22, 2005 approved and moving forward. He indicated that he was not trying to make enemies, but was asking for help to protect his rights. Mayor Magee commented that Council would ask staff to meet with Mr. Bush to discuss the project and what was approved and try to determine why he was left off the list. Mayor Magee apologized to Mr. Bush and requested that if Mr. Bush had not received a call by the end of the week he contact him directly. Mr. Bush indicated that he had contacted the superintendents of the project and they came to his home and they apologized and told him they would talk to their people. He was assured that they would do what was necessary to ensure this issue was taking care of. He indicated that they gave him a contact number and he had called and had not received a response at this time. Dave Sapp, Community Services Director, announced the new recreation brochure. He listed some of the programs in the brochure. He also announced the Easter Egg Hunt & Children's Fair on March 26. CITY MANAGER COMMENTS No comments. CITY ATTORNEY COMMENTS City Attorney Leibold indicated that during the motion for Item No. 36 there was not a dollar amount announced. Councilman Buckley indicated that it was a total of $18,000. COUNCILMEMBER COMMENTS Councilwoman Kelley commented on the following: 1) Thanked everyone that applied for the General Plan Committee. Page Twenty-six - City Council Minutes - February 22, 2005 - Mayor Pro Tern Schiffner commented on the following: 1) Thanked the rental property owners for their attendance. Councilman Hickman commented on the following: 1) Congratulated Alicia Deseola on being the only student from Elsinore High School along with 19 other students in the Inland Valley for a trip to Europe. He indicated that there was a fund raiser for her at Annie's to pay for some of the expense. Councilman Buckley had no comments. Mayor Magee commented on the following: 1) The subcommittee for the benefit audit met and distributed the draft benefit audit to the balance of the Council, City Manager, City Attorney's Office; and had requested input from the Council. He requested that the balance of the Council contact a member of the subcommittee to add input. He requested the item be put on the March 22nd Agenda. - 2) He commended the Lake Elsinore Police Department for the apprehension of a criminal that had been involved in several criminal acts in the Downtown area. 3) Commended the City crews for their work during the recent storms. He indicated that it was a thankless job and they were doing a great job of maintaining the potholes and dealing with other issues. 4) Requested that residents contact the Public Works Department at (951) 674- 5170 if they were experiencing flood issues. He noted that there were ready made sand bags available. 5) Announced the following upcoming events: - Page Twenty-seven - City Council Minutes - February 22, 2005 February 26th Lake Elsinore Girls Softball opening day, 9 am, Tuscany Hills Park February 26th Sow the Seeds Fundraiser Breakfast, Community Connections, lOam, Ortega High Schools February 2th Lake Elsinore Storm Job Fair, Diamond Stadium, call (951) 245- HITS for the time March 5th Lake Elsinore Little League opening day and dedication ceremony for the new concession facility, 9 am, Swick-Matich Park March 5th Household Hazardous Waste collection, 9 am - 2 pm, 521 Langstaff March 6th Open Air Market, Downtown Main Street, 9 am - 3 pm ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:30 P.M. ,MAYOR CITY OF LAKE ELSINORE fully submitted, / ~uty City Clerk A(rTES... T: \ (, ~/ ) I, ,-, ' /J ~~iV..kC VICKI ~1\D, CiTY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 8, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Building & Safety Manager Chipman, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Senior Planner Preisendanz, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. PUBLIC EMPLOYMENT (Government Code Section 54957) Title: City Manager. (F:46.1) City Attorney Leibold announced the Closed Session discussion item as listed above. Page 1\vo - City Council Minutes - March 8, 2005 - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:02 P.M. The Closed Session discussion was completed at 5:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7 :02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Historical Society President J.J. Swanson. INVOCATION - MOMENT OF SILENT PRAYER - Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Featherolf, Engineering Manager Seumalo, Information/Communications Manager Dennis, Senior Planner Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. - Page Three - City Council Minutes - March 8, 2005 PRESENTATIONS/CEREMONIALS A. Presentation - Fire Station Naming Committee. (F:59.1)(X:127.3) Mayor Magee called the Committee representatives forward for recognition. Mayor Magee noted that the City was about to open the 4th fire station in the area in the Canyon Hills area and the 5th in Rosetta Canyon. He indicated that this Committee had participated in naming both of the new stations. He presented representatives Tom Hunt and John Gonzales with Certificates of Appreciation and thanked them for their efforts. Tom Hunt thanked the City Council for this honor; and noted that he had been with the Riverside County Fire Department for 24 years and had seen quite a few changes throughout the City. He indicated that he was thankful for the opportunity to serve on this Committee. John Gonzales noted that he had served on a number of City Committees, most recently the Planning Commission. He indicated that he had seen a lot of changes in his 40 years in the community. B. Proclamation - Fish & Loaves Program. (F:122.1) Mayor Magee called Art Girard to the podium, noting that Councilman Hickman had recommended this program for recognition. He read and presented the Proclamation for the Fish and Loaves program to Mr. Girard. Mr. Girard thanked the Council for the recognition. C. Proclamations - President & Troops/Paula Graver (F:122.1)(X:!68.1) Mayor Magee called Paula Graver forward for presentation. He noted the Mission Trail rallies in Support of the Troops and indicated that Ms. Graver was coming up on two years of promoting the activity. He advised that he Page Four - City Council Minutes - March 8, 2005 - was providing a proclamation for presentation at the rally on Saturday in support of the President and the Troops. He read and presented the Proclamation to Ms. Graver. Ms. Graver thanked everyone who had participated in the rallies, in any way for their efforts. She noted that this Saturday would be a special event with close to 200 people. She thanked the City for this honor. Mayor Magee commented that he was not sure how many people would keep up their efforts as Ms. Graver had done in all kinds of weather over a two year period. He expressed his understanding of the importance of this activity to the returning troops, and read and presented a Proclamation to Ms. Graver honoring her continuing efforts. D. Presentation - Chamber of Commerce Update - Tom Grady. (F:108.4) Tom Grady, representing the Chamber of Commerce, announced that the 6th edition of their newsletter had been distributed and was available on their website. He announced the upcoming EDC Lunch scheduled for March 1 th at the Diamond Club from 11 :30 a.m. to 1 p.m. He advised that the topic of discussion would be "Business & Education, a Partnership", and encouraged interested parties to call for reservations. He also announced the March Business Mixer on March 24th, hosted by the Lake Elsinore Storm at the Diamond Club from 5:30 p.m. to 7:30 p.m. He encouraged everyone to save the date of April 8th for the loth Annual Golf Tournament and provided details on tickets and sponsorships. - E. Presentation - Lake Management Plan. (F:92.1) Lake & Aquatic Resources Director Kilroy noted that this was a remarkably wet year with the 5th highest volume of water flowing from the San Jacinto River. He noted that with the increased water, there was increased interest in the Lake's operations at high water levels. He indicated that during the 2004-05 storm season the Lake level had risen from 1234' to 1254.5 feet, or over 20 feet. He concurred that there was good reason for concern and noted the Lake's long history of ups and downs. He explained that the Lake sits at the bottom of a 750 square mile watershed, which typically receives - Page Five - City Council Minutes - March 8, 2005 about 11 inches of rainfall per year. He further explained that an abnormal rainfall is needed for Canyon Lake to spill, and that occurs only about once every six years. He noted the historic lake elevations and detailed the peaks and valleys in levels from the 1920's to the 1990's. He explained that in the 1980's the community rallied for the Lake stabilization program, known as the Lake Management Project. He indicated that it was intended to reduce the losses due to evaporation, and detailed the key project elements being the levee, outlet channel modifications, mitigation wetlands, and riparian habitat. He detailed the project costs and design criteria, which were based on the 100 year flood elevation of 1263.3. He noted the local cooperation agreement for the outflow channel and noted recent new information which adjusted the replenishment elevation allowances. He presented a diagram of the overall Lake Management Project and explained its components. He detailed the City's flood preparedness actions, and noted that staff was sand-bagging four of the lowest properties around the Lake. He advised that staff was working with other agencies to plan for potential flooding problems and noted that sand-bags were available for residents at the Public Works yard. He noted that the Seaport Boat Launch would be reopening this Saturday. Councilman Buckley noted that the Lake was not 1240 feet deep. Lake & Aquatic Resources Director Kilroy clarified that the 1240 foot was above sea level. Councilman Buckley also noted that the water will go over the weir at 1262'. Lake & Aquatic Resources Kilroy confirmed and noted that the weir was 1600 feet long. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session on the one item as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ron LaPere, 16867 Wells Street, commented that all of what is done by staff, Page Six - City Council Minutes -March 8, 2005 - Commissioners and Councilmembers impacts the credibility of the City. He indicated that the benefit audit information being released early was incorrect and wrong, and the person who did so should be reprimanded. He suggested that any unauthorized use of public funds be returned to the City by the City Manager or Assistance City Manager. He also suggested removal of the Health & Wellness Policy. George Alongi, indicated that he was disturbed when he read the article about the museum. He noted the difficulty of getting things done, even without articles of this type. He commented that mistakes were made in the past, but this was an innocent mistake and should be corrected. He stressed the need for this facility and noted that there was a meeting with the contractor, City management and City Council representatives to review what needed to be done and the best way to proceed. Dick Knapp, commented on the outflow channel and Lake spillway. He noted the - amount of silt between the Lake and the outflow channel and stressed the need to clean it out before the next rain. He noted water being dumped down the outflow channel by Eastern Water District and Elsinore Valley Municipal Water District. He commended himself for informing the Council on these matters. Pete Dawson, 18010 Grand Avenue, noted that there was still quite a bit of debris in the Lake and suggested that it was a liability for the City. He noted cut trees on the property near the military school which were floating into the Lake. He stressed the liability and the potential threat to skiers. He noted that unmarked fences needed to be reviewed to avoid future problems, and indicated that there were also a number of autos and trailers on the County side near the water line. Mayor Magee requested that Mr. Dawson provide the information to Lake & Aquatic Resources Director Kilroy. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No Comments. - Page Seven - City Council Minutes - March 8, 2005 CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.5. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - February 8, 2005. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Minutes - February 1,2005. (F:60.3) c. Planning Commission Minutes - February 15,2005. 2. Ratified Warrant List for February 28, 2005. (F:12.3) 3. Rejected and referred to Claims Administrator, the Claim Against the City submitted by Justin Frey (CL#2004-12). (F:52.2) 4. Adopted Resolution No. 2005-16, regarding Designation of Applicants Agent for filings with the Office of Emergency Services/FEMA. (F:168.2) RESOLUTION NO. 2005-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE APPLICANT AGENTS FOR FILINGS WITH THE OFFICE OF EMERGENCY SERVICES/FEMA. Page Eight - City Council Minutes - March 8, 2005 - 6. Approved Amendment to Agreement by and between the County of Riverside and the City of Lake Elsinore for the Traffic Signal at Grand Avenue and Ontario Way, and authorized the Mayor to execute the agreement; and authorized staff to transfer $75,000 from AB 2766 for costs of this project. (F:68.1)(X:162.4)(X:140.1) 7. Awarded Construction Contract for Traffic Signal at Grand Avenue and Broadway Avenue to Sierra Pacific Electrical Contracting Inc., in the amount of$98,305, and authorized the Mayor to execute the Contract; and approved the transfer of$11,423.56 to this project. (F:68.1)(X:162.4) (X:140.1) 8. Authorized an Agreement with HDR Engineering, at a cost of $89,237.00, to Prepare CEQA Compliance Documents for Annexation No. 73, General Plan Amendment No. 2004-12; Zone Change No. 2004-13 and Specific Plan 2004-02, for the Village at Walker Canyon, LLC. (F:68.1 )(X: 150.2) - 9. Authorized City Manager to utilize CMAS pricing process in lieu of the formal bid process for qualifying copier/information technology and/or leases. (F:65.1) ITEM PULLED FROM THE CONSENT CALENDAR 5. Cultural Center Repair Recommendations. (F:48.1) City Manager Brady noted that this item had been before the City Council on February 8th to request additional funding for the basement of the facility; and staff was directed to meet with the Historical Society and Councilman Hickman. He indicated that staff did meet, and deferred to Community Services Director Sapp for a report. Community Services Director Sapp indicated that there was a meeting earlier this evening with the Historical Society and the Contractor, with all issues being discussed and everything being resolved. He advised that anything misunderstood had been clarified and the project was ready to move forward with the same costs proposed on February 8th. He advised that the Contractor was ready to - Page Nine - City Council Minutes - March 8, 2005 proceed, and CR & R would be donating bins for storage, so the Contractor could move in and complete the project in 60 days. He requested the allocation of funds and indicated that there was a benefit for all in preserving the community's identity and history. J.J. Swanson, President, Historical Society, reiterated that everyone met and everything was set and clear. She indicated that they were very happy with the situation, and were just waiting for approval this evening so they could start work tomorrow. She clarified that the money requested was just to bring the building to occupancy, and only improve the value of the City owned facility. She stressed that they would be leasing the facility, and all of the display items and research equipment would be purchased and provided by them through donations and the hard work of the Society. She stressed that this was not a request that the City give money to a club. MOVED BY BUCKLEY, SECONDED BY MAGEE TO AUTHORIZE THE EXPENDITURE OF $49,900 FROM UNALLOCATED REVENUES FOR THE COMPLETION OF THE CULTURAL CENTER BASEMENT; AND AUTHORIZE STAFF TO USE EXISTING LOCAL VENDORS AND CONTRACTORS WITH STANDING MAINTENANCE SERVICE AGREEMENTS WITH THE CITY FOR COMPLETION OF THE WORK. Mayor Pro Tern Schiffner commented that he was disappointed that the costs were not known at the outset, but indicated that he was satisfied that the errors were due to haste. He indicated that he felt it was a worthwhile project and an improvement of a City owned facility, so he had no objection to spending the funds to get the job done. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC HEARINGS 21. Mitigated Negative Declaration No. 2004-10. General Plan Amendment No. Page Ten - City Council Minutes - March 8, 2005 - 2004-06. Zone Change No. 2004-07. Tentative Condominium Map No. 32127~ and Residential Design Review No. 2004-05 for the "Lakeview Villas". Resolution No. 2005-17 and Ordinance No. 1141. (F: 138.2) City Manager Brady explained that this item was for 155 residential condominium units. Rolfe Preisendanz highlighted the project, noting that it was located east of Grape Street and South of Railroad Canyon Road. He advised that the project was 155 attached condominium units, with a recreation area including a pool, spa and passive open space areas. He indicated that the MSHCP requirements had been discussed in depth at the earlier study session and Condition Nos. 32 and 33 had been refined and entered into the record. He noted that there were additional resolutions which showed findings of consistency with the MSHCP and approved the mitigated negative declaration. He further noted that the recommendations had been modified, clarified and corrected to include the additional resolutions. - Schott Woodward, 41391 Kalmia Street, Murrieta, noted that Mr. Preisendanz had done an excellent job of explaining the location and details of the project. He indicated that the Lakeview Villas would be priced from $300,000 to $400,000 to bring in a price that currently does not exist in the City. Mayor Magee opened the public hearing at 7 :49 p.m., asking those persons interested in this item to speak. There were no requests to speak. Mayor Magee closed the public hearing at 7:50 p.m. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-26, MAKING A FINDING OF CONSISTENCY WITH THE MSHCP: RESOLUTION NO. 2005-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE - Page Eleven - City Council Minutes - March 8, 2005 ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS THE LAKEVIEW VILLAS LOCATED AT ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015, 363-250- 001 THRU 012. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-27, APPROVING MITIGATED NEGATIVE DECLARATION NO. 2004-10: RESOLUTION NO. 2005-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-10 FOR THE PROJECT KNOWN AS THE LAKEVIEW VILLAS LOCATED AT ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015, 363-250- 001 THRU 012. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-17, APPROVING GENERAL PLAN AMENDMENT NO. 2004-06: RESOLUTION NO. 2005-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE LAND USE ELEMENT FOR THE FIRST CYCLE OF THE CALENDAR YEAR 2005 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-06 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-005 Page 1\velve - City Council Minutes - March 8, 2005 - THRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012, FROM VERY LOW DENSITY (VLD) RESIDENTIAL TO MEDIUM DENSITY (MD) RESIDENTIAL. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1141, APPROVING ZONE CHANGE NO. 2004-07, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004- 07, CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015, 363-250-001 THRU 012, FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT NO R-2 - MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVED TENTATIVE CONDOMINIUM MAP NO. 32127 AND RESIDENTIAL DESIGN REVIEW NO. 2004-05, BASED ON THE FINDINGS AND EXHIBITS AND SUBJECT - Page Thirteen - City Council Minutes - March 8, 2005 TO THE FOLLOWING CONDITIONS OF APPROVAL: MSHCP CONSISTENCY FINDINGS 1. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consistent with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, ~ 6.1.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, ~ 6.1.3), Additional Survey Needs and Procedures (MSHCP, ~ 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, ~ 6.3.2), Vegetation Mapping (MSHCP, ~ 6.3.1) requirements, Fuels Management Guidelines (MSHCP, ~ 6.4), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, ~ 4). 2. The proposed project is subject to the Joint Project Review process. According to the Multi-Species Habitat Conservation Plan (MSHCP), the footprint of the project site is located within the Elsinore Area Plan. This Area Plan, the County's RCIP Website (see http://www.rciv.org/maps.htm). and the (MSHCP) Conservation Summary Report Generator Sheet for the Assessor Parcel Numbers (APN) identified on Attachment #1 (see http://rcip.org/PDFlib/rciv/avn search.asv) show that the proposed project is located within Subunit 4, Proposed Linkage 8 and comprises a portion of Independent Cell No. 4745 of the Elsinore Area Plan and is subject to the City's Lake Elsinore's Acquisition Process (LEAP) process. Further, proposed Linkage 8 is a major component of one of the two main east-west connections between Core Areas in the Lake Matthews/Estelle Mountain, Alberhill and Cleveland National Forest in the western portion of the MSHCP Plan. As a result, the proposed project would be subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. According to the Biological Assessment entitled "The Lakeview Villas Project Biological Assessment", prepared by L & L Environmental on November 12, 2004, no riparian, riverine, vernal pool/fairy shrimp habitat and other aquatic resources were identified on the proposed project site. As a result, no further MSHCP analysis or conservation Page Fourteen - City Council Minutes - March 8, 2005 - measures are required The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. According to the Biological Assessment entitled "The Lakeview Villas Project Biological Assessment" prepared by L & L Environmental on November 12, 2004, the project site does not fall within the Narrow Endemic Plant Species Survey Areas. Therefore, habitat assessments and/or focused surveys are not required for Narrow Endemic Plant Species. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site falls within the Burrowing Owl Survey Area. However, it was determined that the species is not expected to occur on-site due to the lack of suitable habitat. To assure burrowing owls will not be impacted by project development, as a condition of project approval, a pre-construction survey will be required before grading to confirm the absence of burrowing owls, as required by the MSHCP. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Measures have been incorporated into the proposed project so that there will be no project-related drainage, toxics, lighting, noise, invasives, barriers, and grading/land development impacts to the Conservation Area. The proposed project is therefore consistent with the UrbanIWildlands Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped This mapping is sufficient under the MSHCP and is consistent with the MSHCP. - 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include landscape buffers near the proposed MSHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be fire-resistant, non-invasive plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. - - Page Fifteen - City Council Minutes - March 8, 2005 As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. 10. The proposed project overall is consistent with the MSHCP. The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. FINDINGS-MITIGATED NEGATIVE DECLARATION 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Report Program. FINDINGS -GENERAL PLAN AMENDMENT 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project considering the mitigations Page Sixteen - City Council Minutes - March 8, 2005 - identified and the improvements required 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The Proposed General Plan Amendment will allow the applicant to develop the site with the proposed density of 5.5 Dwelling Units/net acre and will in turn bring about a site more compatible with the Condominium Project previously approved by the City Council. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment would establish a density more in conformance with the recently approved 144 unit condominium project to the west of the subject site. Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed condominium community. 4. The proposed General Plan Amendment will not have a significant effect on the _ environment. The proposed General Plan was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project will not have a significant effect on the environment. FINDINGS - ZONE CHANGE 2004-07 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of the mitigations and conditions of approval placed on this project as well as the ultimate goals and objectives of the General Plan Circulation Element. - Page Seventeen - City Council Minutes - March 8, 2005 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the General Plan Land Use Map and the corresponding Zone Change, allowing the development of the subject condominium project is consistent with GOAL 1.0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". FINDINGS - CONDOMINIUM SUBDIVISION 1. The proposed subdivision, together with the provIsions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Page Eighteen - City Council Minutes - March 8, 2005 The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Residential Design Review contained herein complies with the goals and objectives of the General Plan, in that the approval of this Condominium Community will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review contained herein is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will compliment the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Although the proposed project could have a significant effect on the environment, because revisions in the project have been made by or agreed to by the project proponent any significant adverse effects would not be anticipated Further, pursuant to the California Environmental Quality Act (CEQA), the Mitigated Negative Declaration Mitigation Monitoring Report Program for the proposed Residential Design Review referenced herein found that the proposed project will not have a significant effect on the environment pursuant to the attached Conditions of Approval and mitigations proposed 4. 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. - - - - Page Nineteen - City Council Minutes - March 8, 2005 Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Residential Design Review referenced herein has been scheduledfor consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of$I,314.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. 3. The applicant shall comply with those mitigation measures identified in the Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2004121046) adopted with the Mitigated Negative Declaration No. 2004-10 prepared for the "Lakeview Villas" referenced as the "project" herein. TENTATIVE CONDOMINIUM MAP NO. 32127 4. The Tentative Condominium Map will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Page Twenty - City Council Minutes - March 8, 2005 - 5. Prior to the recordation of a final map, a lighting plan shall be submitted to the Planning Division for review and approval. Night lighting shall be directed away from the MSHCP Conservation Area. Shielding shall be incorporated in project design to ensure ambient lighting in the MSHCP Conservation Area is not increased. These requirements shall be incorporated into the lighting improvement plan submitted to the Engineering Division. 6. The Tentative Condominium Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 7. Prior to final certificate of occupancy of Tentative Condominium Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 8. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. - 9. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. - - Page Twenty-One - City Council Minutes - March 8, 2005 10. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 11. The Home Owner's Association shall be established prior to the sale of the first dwelling unit. 12. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 13. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II). 14. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 15. Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2004-05 16. Design Review approval for Residential Design Review No. 2004-05 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP Conservation Area. The final grading plan shall be submitted to the Planning Division for approval. Page Twenty-Two - City Council Minutes - March 8, 2005 - 19. The dwelling units are multi-story, without elevators, and therefore are exempt from accessibility requirements. The pool area must comply with all accessibility as outlined in the 2001 California Building Code Sections 1l04BA.3 and 1132B.2. If restroom facilities are provided at the pool area they must be accessible to the Physically Disabled. 20. All site improvements approved with this request shall be constructed as indicated on the approved exhibits and/or attachments contained herein. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 21. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 22. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. - 23. The applicant shall meet Americans with Disabilities Act (ADA) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 25. Applicant shall use roofing materials with Class "A" fire rating. 26. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond processed through the Planning Division. 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 28. Decorative paving shall be included at the entryway gate and shall be shown on the construction drawings submitted to Building and Safety. 29. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. - Page Twenty-Three - City Council Minutes - March 8, 2005 30. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO THE ISSUANCE OF A GRADING PERMIT 31. Prior to the issuanee of a Grading Permit, t1:1e applicant shall pro'/ide sufficient evidence to the City that the property ideatified as proposed eonservation area on .\ttachment No. 9, has been reserved as conservation (by easemeat or by title transfer) pursaant to the requirements of the Multiple Speeies Habitat Conservation Plan (MSHCP). Deleted per the Planning Commission February 1,2005. 31 In accordance with the current LEAP process, avoidance mitigation measures and other suitable mitigation measures shall be agreed to by the applicant upon final determination of existing jurisdictional waters subject to City Council approval. Added per Planning Commission February 1,2005. 32. Impacts to approximately 0.02 acre of unvegetated streambed considered jurisdictional Waters of the U.S. Army Corps of Engineers (Corps) and jurisdictional waters of the State by the California Department of Fish and Game (Department) shall be mitigated through on- or off-site restoration of jurisdictional habitat, acquisition of mitigation credits, or other measure as approved through the Corps 404 and Department 1602 permitting process. 33. The applicant for the purposes of establishing a suitable buffer between the project boundary and the potential future habitat conservation area within Cell #4648 and complying with Section 6.12.4 "Guidelines Pertaining to Urban/Wildland Interface" of the MSHCP, shall convey to the RCA by fee title or conservation easement approximately _acres of habitat along the project's northeastern boundary as specifically determined through the Lake Elsinore Acquisition Process (LEAP). 34. Prior to the issuance of a Grading Permit, the applicant shall provide sufficient evidence to the City that the property identified as proposed conservation area on Attachment No. 9, has been reserved as conservation (by easement or by title transfer) pursuant to the requirements of the Multiple Species Habitat Conservation Plan (MSHCP). 35. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of-way, subject to the approval of the City Engineer. Page Twenty-Four - City Council Minutes - March 8,2005 - 36. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 37. The applicant shall submit a photometric study for those light standards located in the proposed condominium project. Said study shall ensure that parking lot lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. PRIOR TO ISSUANCE OF A BUILDING PERMIT 38. Prior to the issuance of building permits, the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. - 39. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003-1 to offset the annual negative impacts of the project on public safety operations and maintenance issues in the City. 40. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 41. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee ($1,651.00 x 155 or $255,905.00). 42. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. - Page 1\venty-Five - City Council Minutes - March 8,2005 a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. 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 or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. 1. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. J. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. Page Twenty-Six - City Council Minutes - March 8, 2005 - 43. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 44. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 45. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 46. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING 4 7. The applicant shall provide for storm drain detention per the Riverside County Flood Control District sizing method. 48. The applicant shall convey all slope drainage to street or storm drain system. The system - shall intercept storm or irrigation run-off from encroaching into the buildings. 49. Grades of the streets shall meet with Fire Department requirements. 50. Parking shall not be allowed in any of the drive aisles except at designated spaces. 51. The applicant shall install provisions to convey off-site water to the public storm drain system. 52. All storm drain inlets shall be of sufficient size to capture surface drainage and convey to the underground storm drain system. Water shall not "over shoot" the catch basin inlets. 53. The applicant shall pay all development fees, including area drainage fee, Traffic Impact Fee (TIF) and Transportation Uniform Mitigation Fee (TUMF). 54. The applicant shall provide a drainage plan including hydrology and hydraulic information. 55. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building - Page Twenty-Seven - City Council Minutes - March 8, 2005 permit. 56. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 57. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 58. The applicant shall 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 issuance of building permit. 59. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 60. 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). 61. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 62. Interior streets shall be designed to comply with Caltrans sight distance requirements for all intersections. 63. The applicant shall pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 64. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. - 65. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. Page Twenty-Eight - City Council Minutes - March 8, 2005 - 66. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 67. 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. 68. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 69. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 70. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 71. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. - 72. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 73. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 75. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 76. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall - - Page Twenty-Nine - City Council Minutes - March 8, 2005 be subject to the review and approval of the City Engineer. 77. The applicant shall provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 78. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 79. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. .- 80. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 81. The applicant shall meet all requirements of LEMC 15.68 regarding floodplain management. 82. The applicant shall provide FEMA elevation certificates pnor to certificate of occupanCIes 83. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 84. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 85. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. r- 86. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. Page Thirty - City Council Minutes - March 8, 2005 - 87. The applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 88. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 89. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 90. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. --- 91. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 92. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. COMMUNITY SERVICES DEPARTMENT 93. The applicant shall pay park fees of $1 ,600 per unit. 94. All "Common Passive Open Space Areas" shall be maintained by the Home Owner's Association (HOA). 95. All recreation facilities and park areas shall be maintained by the HOA. -. Page Thirty-One - City Council Minutes - March 8, 2005 96. No park credits shall be given for private recreation facilities, park areas or common paSSIve open space areas. 97. The HOA shall maintain all private roads. 98. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 99. The HOA shall maintain all perimeter, entry and interior landscaping. 100. The HOA shall provide all graffiti removal. 101. The City's Landscape Architect shall approve all landscaping plans prior to installation. 102. The applicant shall comply with all City ordinances regarding construction debris, removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 103. Developer to design multi-family recycling plan. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with all conditions of approval of the Riverside County Fire Department (See Attached). CONDITIONAL USE PERMIT NO 2003-08 105. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 106. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 107. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 108. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, Page Thirty-Two - City Council Minutes - March 8, 2005 - or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use PermitlDesign Review C 2003-07, which action is brought forward within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 109. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 110. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. - 111. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 22. Public Hearing - Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services)~ Calling a Special Election~ Canvassing Election Results~ and Authorizing the Levy of Special Taxes for CFD 2003-1. Annexation Area No. 10 (La Laguna Phase 3). Resolution Nos. 2005-18 thru 2005-20 and Ordinance No. 1142. (F:22.3) Mayor Magee announced that this was the Public Hearing on Agenda Item No. 22, a Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); calling a Special Election; canvassing election results; and - Page Thirty-Three - City Council Minutes - March 8, 2005 Authorizing the Levy of Special Taxes for CFD 2003-1, Annexation Area No. 10 (La Laguna Phase 3). He opened the public hearing at 7:50 p.m. City Manager Brady called Administrative Services Director Pressey forward to make this presentation and deferred to the City Attorney for announcement of noticing compliance. City Attorney Leibold announced that notice of this public hearing had been published in accordance with the Mello-Roos Community Facilities Act of 1982, and that proof of such publication was on file in the City Clerk's Office. - Administrative Services Director Pressey highlighted the proposed action, noting that the development would have 98 single family units, and detailed the taxes it would generate. He indicated that the Engineer's Report had been prepared by Harris & Associates and advised that Mr. Dennis Anderson, representing the firm was present to respond to questions. Mayor Magee requested public testimony. There were no public comments. Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired if there were any other property owners subject to the proposed special taxes who wished to file written protests, prior to closure of the public hearing. There were no written protests filed. Mayor Magee closed the public hearing at 7:55 p.m. - MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-18: Page Thirty-Four - City Council Minutes - March 8,2005 - RESOLUTION NO. 2005-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES). MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-19: RESOLUTION NO. 2005-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE - ELSINORE, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announce if two-thirds of the ballots cast were in favor of the proposition. City Clerk/Human Resources Director Kasad announced that all votes cast were in favor of the proposed tax. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-20: RESOLUTION NO. 2005-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE - Page Thirty-Five - City Council Minutes - March 8, 2005 ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 10 (LA LAGUNA PHASE 3) ANNEXED TO SAID DISTRICT. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1142, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 10 (LA LAGUNA PHASE 3) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 23. Public Hearing - Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Page Thirty-Six - City Council Minutes - March 8,2005 - Services); Calling a Special Election; Canvassing Election Results; Authorizing the Levy of Special Taxes for CFD 2003-1. Annexation Area No. 11 (Alberhill Ranch). Resolution No. 2005-21 thru 2005-23 and Ordinance No. 1143. (F:22.3) Mayor Magee announced that this was the Public Hearing on Agenda Item No. 23, a Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); calling a Special Election; canvassing election results; and Authorizing the Levy of Special Taxes for CFD 2003-1, Annexation Area No. 11 (Alberhill Ranch). He opened the public hearing at 7:58 p.m. City Manager Brady called Administrative Services Director Pressey forward to make this presentation and deferred to the City Attorney for announcement of noticing compliance. - City Attorney Leibold announced that notice of this public hearing had been published in accordance with the Mello-Roos Community Facilities Act of 1982, and that proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey highlighted the proposed action, noting that it was similar to the last item. He indicated that this annexation would include 1,044 single family homes and generate funding equivalent to approximately two police officers. He noted that it would also provide fire and paramedic services. He indicated that the Engineer's Report had been prepared by Harris & Associates and advised that Mr. Dennis Anderson, representing the firm was present to respond to questions. Mayor Magee requested public testimony. There were no public comments. Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. - Page Thirty-Seven - City Council Minutes - March 8,2005 Mayor Magee inquired if there were any other property owners subject to the proposed special taxes who wished to file written protests, prior to closure of the public hearing. There were no written protests filed. Mayor Magee closed the public hearing at 8:00 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-21: RESOLUTION NO. 2005-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES). MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-22: RESOLUTION NO. 2005-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announce if two-thirds of the ballots cast were in favor of the proposition. Page Thirty-Eight - City Council Minutes - March 8,2005 '- City Clerk/Human Resources Director Kasad announced that all votes cast were in favor of the proposed tax. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO.2005-23: RESOLUTION NO. 2005-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 11 (ALBERHILL RANCH) ANNEXED TO SAID DISTRICT. _ MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1143, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 11 (ALBERHILL RANCH) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE - Page Thirty-Nine - City Council Minutes - March 8,2005 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 24. Resolution Approving the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No. 1. as Annexation Area No.5 (La Laguna Phase 3). Resolution No. 2005- 24. (F:22.2) Mayor Magee announced that this was the Public Hearing on Agenda Item No. 24, the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation No.5 (La Laguna Phase 3). He opened the public hearing at 8:02 p.m. City Manager Brady called Administrative Services Director Pressey forward to make this presentation and deferred to the City Attorney for announcement of noticing compliance. City Attorney Leibold announced that notice of this public hearing had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey highlighted the proposed action, noting that the proposed annexation included 28 street lights and the costs were structured to cover the annual cost of electricity and maintenance at $60.04 per household. He indicated that the reserve would be established the first year and a 2% escalator had been built in to cover inflation. He advised that the Engineer's Report was prepared by Harris & Associates and Mr. Dennis Anderson was present representing the firm, to respond to questions. Mayor Magee requested public testimony. There were no public comments. Page Forty - City Council Minutes - March 8,2005 - Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired if there were any other property owners subject to the proposed special taxes who wished to file written protests, prior to closure of the public hearing. There were no written protests filed. Mayor Magee closed the public hearing at 8 :05 p.m. Mayor Magee directed the City Clerk to tabulate the ballots and announce if a majority protest had been made. City Clerk/Human Resources Director Kasad reported that no majority protest existed. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY _ UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-24: RESOLUTION NO. 2005-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 5 (LA LAGUNA PHASE 3). 25. Resolution Approving the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No.6 (Alberhill Ranch). Resolution No. 2005-25. (F:22.2) Mayor Magee announced that this was the Public Hearing on Agenda Item No. 25, the Annexation of Territory and the Levy of Assessments for Lake _ Page Forty-One - City Council Minutes - March 8, 2005 Elsinore Landscape and Street Lighting District No. 1 as Annexation No.6 (Alberhill Ranch). He opened the public hearing at 8:06 p.m. City Manager Brady called Administrative Services Director Pressey forward to make this presentation and deferred to the City Attorney for announcement of noticing compliance. City Attorney Leibold announced that notice of this public hearing had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey highlighted the proposed action, noting that the proposed annexation included 244 street lights and no landscaped areas. He indicated that the cost would be $42.45 per dwelling unit and go to electricity and maintenance. He advised that a reserve would be established the first year and an escalator had been built into the district for inflation. He further advised that the Engineer's Report was prepared by Harris & Associates and Mr. Dennis Anderson was present representing the firm, to respond to questions. Mayor Magee requested public testimony. There were no public comments. Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired if there were any other property owners subject to the proposed special taxes who wished to file written protests, prior to closure of the public hearing. There were no written protests filed. Mayor Magee closed the public hearing at 8:10 p.m. Mayor Magee directed the City Clerk to tabulate the ballots and announce if a majority protest had been made. Page Forty-Two - City Council Minutes - March 8, 2005 - City Clerk/Human Resources Director Kasad reported that no majority protest existed. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2005-25: RESOLUTION NO. 2005-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FROM LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1 AS ANNEXATION AREA NO. 6 (ALBERHILL RANCH). - 26. Public Hearing on 2005 Local Law Enforcement Block Grant Program Award. (F:84.8) Police Chief Featherolf explained that there was an annual opportunity to apply for this grant, however this year it was cut by more than half. He advised that staff convened the required advisory board and determined nine areas of emphasis for the funding. He detailed the areas including: Central Business District Patrol, Traffic Enforcement Program, City Enhancement and Safety Program, Holiday Enforcement Program, Off Road Vehicle Enforcement Program, Parole and Probation Enforcement Program, Gang Suppression Programs, Truancy Sweep Program. He noted that although the amounts are designated, they are not definitive, as they are left flexible to meet enforcement needs. Mayor Magee opened the public hearing at 8: 12 p.m., asking those persons interested in this item to speak. Hearing no requests to speak, the public hearing was closed at 8: 13 p.m. - Page Forty-Three - City Council Minutes - March 8, 2005 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE USE OF THE 2005 LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS AS RECOMMENDED BY THE ADVISORY BOARD. 27. Rosetta Canyon CFD 2004-3 Formation - Scheduled Public Hearing- Continue to March 22.2005. (F:22.3) City Manager Brady noted that the recommendation on this item was for continuance. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS PUBLIC HEARING TO MARCH 22, 2005. BUSINESS ITEMS None. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:12 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:20 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, 117 N. Poe Street, noted the receipt of a Proclamation from Mayor Magee for Frank Rose and read it to the audience. She also played a tape of a portion of Frank Rose's song "How About You". Edith Stafford, 29700 Hursh, questioned the Closed Session agenda item, and if a particular person was being considered. City Attorney Leibold clarified that it was for recruitment of a permanent City Manager. Mrs. Stafford read a portion of the Brown Act regarding personnel matters and suggested that the recruitment Page Forty-Four - City Council Minutes - March 8,2005 - topic and the seeking of a firm for recruitment was inappropriate for Closed Session discussion and in violation of the Brown Act. CITY MANAGER COMMENTS City Manager Brady had no comments. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Noted that that in December the City Council approved an ordinance for a change in the timing of Elections, which was subject to approval by the Board of Supervisors, and received their approval. She indicated that their action was on March 1 st and notices would be sent to all registered voters in the City. - COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber had no comments. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Shared with Council a plaque presented to Councilman Hickman and herself by Girl's Softball at the opening of their season, with their appreciation for the City's support on their softball field. - Page Forty-Five - City Council Minutes - March 8, 2005 2) Announced an upcoming special event at the Diamond entitled "Fine Arts for Great Kids. She noted that it would include arts and performing arts from the schools and activities for the kids. 3) Announced that the same evening there would be a silent auction at the Diamond entitled "Jazz, Jeans and Jewels". She invited the Council and public to attend. She noted that there would be entertainment and dinner included with the art auction. She advised that tickets were $30, and encouraged everyone to participate. Mayor Pro Tern Schiffner commented on the following: 1) Noted his work on the Committee regarding an additional route between Riverside and Orange Counties, and indicated that they were working on a major investment study to look at 12 possible alternatives. He noted that there would be several public hearings and opportunities for input. He commented that every alternative included more than one option, such as improvement of the existing 91 freeway and a route over the mountains. He noted the possibility that Ortega Highway would be improved, and detailed other possible options. He noted that he had booklets on the alternatives if anyone was interested in viewing them. Councilman Buckley commented on the following: 1) Extended his sympathies to the Unsworth Family. 2) Addressed the Brown Act and indicated that Mrs. Stafford answered her own question. He indicated that none of the items she listed were happening, so there was no violation. 3) Indicated that at the next meeting the sub-committee would be releasing the final audit. He noted that the final was still in the FEDEX bag at his house. He indicated that one positive point was Page Forty-Six - City Council Minutes - March 8, 2005 - that everyone would see that the draft and final report were the essentially identical. He commented that when the draft arrived, management was in flux, so the committee decided to hold off on distribution. He indicated that it would have originally been discussed at this meeting, but Councilman Hickman was on vacation. He suggested that it might have been better to have a moratorium on benefits, but it was not a good idea. He indicated that there would be a discussion on March 22nd. Mayor Magee commented on the following: 1) Announced the following upcoming events: March 18th - Compost Workshop at the Senior Center from 9 to 11 a.m. March 26th - Children's Fair & Easter Egg Hunt - McVicker Park March 26th - 3rd Anniversary of Alliance Skate Park March 12th - Support our Troops Rally - 2) Thanked City Manager Brady and staff of Public Works, Community Services, and Lake Crew for repairs to streets during flood days, sandbagging, and reopening of Railroad Canyon Road. He noted that he received a letter from Canyon Lake Mayor Zaitz thanking the City and thanking the staff by name for their efforts. He stressed that Canyon Lake was very appreciative. 3) Noted that he and Mayor Pro Tern Schiffner had attended the Little League Grand Opening and Dedication of the Concession Building and T-Ball Field. He noted that it was a Chamber of Commerce Day to open baseball season. - Page Forty-Seven - City Council Minutes - March 8, 2005 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:36 P.M. ATTEST: /\ /'~' I LUv~ VICKI SAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE u. (/ly ROBERTE.MA~E,MAYOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 22, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake Operations Manager Kilroy, Recreation & Tourism Manager Fazzio, Engineering Manager Seumalo, Planning Manager Preisendanz, Information/Communications Manager Dennis, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO Page 1\vo - City Council Minutes - March 22, 2005 - CLOSED SESSION AT 5:21 p.m. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting at 7 :02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chamber of Commerce President Kim Cousins. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. .... ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Lt. Koepp, Engineering Manager Seumalo, Information/Communications Manager Dennis, Planning Manager Preisendanz, Recreation/Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. - - Page Three - City Council Minutes - March 22, 2005 PRESENTATIONS/CEREMONIALS A. Presentation - Business of the Quarter - BMW Restaurants. (F:70.1)(X:56.1) Mayor Magee called Sally Meyers forward for presentation. He noted that BMW Management came to town in the late 1980's and built the Sizzler Restaurant. He explained that Mrs. Myers and her husband had put together a program called Student of the Month, and explained the program. He noted that they continue to expand the program with the opening of new high schools. He indicated that he attended the ceremony today and came away with renewed hope for the young people of the community; and a renewed sense of civic pride in Mrs. Myers work and the work of the students. He announced that Mrs. Myers and BMW Management were being recognized as Outstanding Business of the Quarter, but indicated that did not begin to say what she had done. Mrs. Myers indicated that they were delighted to have the Mayor and City Council participate in the program. She noted that the program began in 1996 in Lake Elsinore, and now had been implemented in Perris, Menifee, Murrieta and Temecula. She indicated that about 40 businesses and civic leaders were now part of the program and noted the generosity of other business people. She commented that as a business, one could only be as good as those that work for you. She thanked the Council for this recognition and thanked the other businesses for their contributions. B. Proclamation - Read Across America Day. (F: 122.1) Mayor Magee called forward Tom Thomas, Clerk of the Board, LEUSD, and noted that he was also involved with Cops for Kids and the Student of the Month Program. He read and presented the Read Across America Day Proclamation to Mr. Thomas. Mr. Thomas thanked the Council for this recognition, on behalf of the School Board. He provided a brief history of Dr. Seuss books and explained the involvement of the National Education Association in the Page Four - City Council Minutes - March 22, 2005 - program. He stressed the importance of reading. C. Presentation - Outlet Center Update. (F:70.1) Mayor Magee introduced Lake Elsinore Outlet Center representatives for presentation. Kristen Elfring, Outlet Center General Manager, noted some of the Center's successes for this year, including the installation of the gas line, landscaping on Collier Avenue, 11,400 square feet of new retail and food services., and the opening of the Alberhill Ranch sales office. She indicated that total sales were up $1.1 million, and they had beat their income goal by $10 per square foot. She noted that the local economy had been wonderful for them. She advised that the traffic was up by more than 17,000 vehicles. She indicated that final approvals were received for their renovation project and they had hosted events such as Kids' Safety Day, Ticket to Ride and Shopping Extravaganza. She further indicated that they had their most successful holiday season since the opening of the Center. She advised that their renovation would make for a cooler shopping experience, with shade trees, water features and canopied shade zones. She indicated that they would be bringing the natural gas line into the center, relocating the palm trees, doing hardscape and landscape improvements and developing a south courtyard area near Liz Claiborne. She noted that they would also be doing upgrades such as re-roofing, electrical, lighting and restroom refurbishing. She advised that they hired a Public Relations Agency and were working closely with the City to similarly promote the area. She indicated that they were going after national and name brands, and had plenty of open space to fill. She commented that with the gas line in place, they would be ready to proceed. - CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session regarding two items, one as listed on the agenda and one added by a 4/5ths vote; both items of anticipated litigation under (b) of Government Code Section 54956.9. She indicated that there was no reportable action. - Page Five - City Council Minutes - March 22, 2005 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, 15237 Lake Trail Circle, reminded the Council of the Historical Society's Street Name Raffle. She indicated that the winner would be announced at Thursday's Chamber of Commerce Mixer at the Diamond Club. She encouraged the purchase of tickets. Mark McDorman, 3740 Ulla Lane, noted that he had been before the Council previously as the representative of Ulla Lane. He stressed their ongoing concern about the future development and indicated that they were still present and interested in how the development was going. He advised that they were working with the developer and hoped to work with the Council. He commented that the cloud of dedication was still over Ulla Lane and they were still asking for action on that matter. He thanked the Council for their assistance. Charlene Cleary indicated that she was present as a representative of the Riverside County Historical Commission, the Lake Elsinore Historical Society and herself. She expressed concern for the deterioration of the military academy, and noted the vandalism that was occurring. She advised that she had spoke with Lt. Koepp at the Sheriff's Department and he had found limited calls in April, 2004, when the alarm went off eight times. She indicated that there was an alarm system on the premises, as well as motion detectors, however the Garrett Corporation had been negligent in paying for alarm system monitoring. She commented that in the past the concerns expressed to Council regarding historic buildings had been ignored, and expressed hopes that the Council recognized that the military academy building needed to be looked after. J.J. Swanson-O'Neal, representing the Historical Society, indicated that she was present regarding the naval academy. She noted that it was recently purchased by a development company, but was currently sitting vacant and being vandalized daily. She noted that three were broken windows and an important part of Lake Elsinore history was being lost every day. She advised that the Garrett Corporation was going to put up a fence around the building to keep this situation from continuing. She requested that resident help to keep her informed of Page Six - City Council Minutes - March 22, 2005 - vandalism activity, to prevent further damage to this exquisite, beautiful, old building. Joel Hyatt, Project Manager for the Garret Group, San Diego, provided a brief update on their plans, and noted that they were in the preliminary stages of concepts for the site. He indicated that they own the academy and about 40 additional acres. He advised that they would be preserving the academy building, and noted that to date they have spent over $200,000 on the project. He indicated that they were studying the history of the building. He shared the concern with vandalism and advised that he had been out there three times, but the vandals are very aggressive. He further noted that the vandals had stolen the security system. He reiterated that they would be putting up a construction fence around the building immediately, but encouraged the Community to help by calling the police when they see illegal activity. He stressed the need to keep the lines of communication open and indicated that he would be providing update on the planning process. He noted that he would be working with Ms. Swanson and the Historical Society. Mayor Magee noted the $200,000 expended on the project and requested that they invest in an alarm system. Mr. Hyatt indicated that they would put up a fence and look at other ways to protect the facility. - Chris Hyland, 15191 Wavecrest, noted her first amendment rights and commented that she would like the City to adopt an ordinance to stop people from parking their boats on the streets. She stressed the danger they created for little children riding bicycles. She noted an incident in the newspaper, where a little boy was hit when he appeared from behind a boat on a scooter. She noted that a boat had been parked in her neighborhood for about a year, and suggested a prohibitive ordinance would be beneficial to the City. She noted that people also tend to park motor homes for weeks at a time. She reiterated her request for adoption of an ordinance, stressing the importance for the welfare of children. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: - Page Seven - City Council Minutes - March 22, 2005 Item Nos. 21, 22, 23, 24, 25 and 34. CONSENT CALENDAR City Attorney Leibold requested continuance of Item No. 14. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 AYES WITH COUNCILMAN BUCKLEY ABSENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED AND CONTINUE ITEM NO. 14 TO THE NEXT MEETING 1. The following Minutes were approved: A. Joint Study Session - February 8, 2005. (F:44.4) B. Joint Study Session - February 22, 2005. C. Joint Study Session - March 8, 2005. D. Regular City Council Meeting - March 8, 2005. The following Minutes were received and ordered filed: E. Public Safety Advisory Commission Meeting - January 12,2005. (F:59.6) 2. Ratified Warrant List for March 15,2005. (F:12.3) 3. Received and ordered filed the Investment Reports for: (F: 12.5) A. January, 2005. B. February, 2005. 4. Approved 10% Salary Upgrade for Technical Positions, including Senior Planner and Senior Civil Engineer to allow for improved recruitment potential. (F: 116.1) 5. Adopted Resolution No. 2005-28 regarding Funding Support for Page Eight - City Council Minutes - March 22, 2005 - Community Development Block Grant Funding, and directed staff to forward copies to the League of California Cities and Senators Boxer and Feinstein. (F:96.1)(X:84.2) RESOLUTION NO. 2005-28 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 6. Adopted Resolution No. 2005-29, Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as Tract 32670 into the City of Lake Elsinore Landscape and Street Lighting District No. I, as LLMD Annexation No.7 (Belcaro), Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering Scheduling Public Hearing for April 26, 2005. (F:22.2) - RESOLUTION NO. 2005-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 32670 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO.7 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING - Page Nine - City Council Minutes - March 22, 2005 A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 7. Adopted Resolution No. 2005-30 of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 12 (Belcaro). (F:22.3) RESOLUTION NO. 2005-30 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 12 (BELCARO). 8. Approved Reallocation of Funds for the Interim Interchange Projects at Railroad Canyon Road/I -15 and SR - 74/1-15, approved proj ect budget increase to include administration and inspection costs and authorized staff to make the funding transfers. (F:30.1)(X:82.2)(X:82.3) 9. Approved Final Map 32670, A Condominium Subdivision by D.R. Horton Los Angeles Holding Company, Located West of Lakeshore Drive between Elm Street and Lake Park Street, subject to City Engineer's acceptance; and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. (F:160.2) 10. Approved Final Map 32611, A Residential Subdivision by C & C Collier- Development Partners, LLC located at the Intersection of Collier Avenue and 3rd Street, subject to City Engineer's acceptance; and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. (F:160.2) 11. Approved License Agreement with Castle & Cooke regarding Temporary Page Ten - City Council Minutes - March 22, 2005 - Road Use Connection between Nichols Road and EI Toro Road. (F:68.1) 12. Accepted Notice of Completion for Swick Matich Restroom/Concession Building from DELT Builders, and authorized signatures and recordation; and approved the transfer of$3,640.89 from the Park Fee Fund to the Project. (F:1l4.6) 13. Authorized City Manager to Approve an Agreement with HDR Engineering, to Prepare CEQA Compliance Documents for Tentative Tract Map No. 32786 for the Project Known as the Lakeside Palms, in the amount of $94,154.00. (F:68.1)(X:160.2) 14. Cooperative Agreement with Riverside County Flood Control and Water Conservation District and Cambern and Central Investors Parcel Map 32369 located between Dexter Avenue and CambernAvenue along a portion of the Costco Site. This item was continued to the next regular City Council Meeting on April 12, 2005. (F:68.1) - PUBLIC HEARINGS 21. A Resolution of the City council of the City of Lake Elsinore to Vacate a Portion of 3rd Street East of Collier Avenue for the Construction of a Water and Sewer Pump Station - Resolution No. 2005-31. (F: 10.1) City Attorney Leibold recommended continuing this item to the next regular City Council Meeting. Mayor Magee noted that he had requests to speak on this item, but deferred to the rest of the Council on the issue of continuing this item. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO CONTINUE THIS ITEM TO APRIL 12, 2005. - Page Eleven - City Council Minutes - March 22, 2005 Mayor Magee offered those requesting to speak, the opportunity to speak at this time. All speakers waived their time until the next consideration of the item. 22. General Plan Amendment No. 2004-05~ Zone Change No. 2004-06~ Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3~ Tentative Tract Map No. 31370~ and Final Subsequent Environmental Impact Report. SCH #2004071082 - Resolution Nos. 2005-32 and 33. Ordinance Nos. 1144 thru 1146. (F:160.2) Mayor Magee opened the public hearing at 7:35 p.m. Planning Manager Preisendanz detailed the project and the recommendations from the Planning Commission. He indicated that there were 37 acres to be incorporated into the specific plan and detailed the proposed project. City Clerk Kasad reported correspondence from Greenwald, LLC and Tuscany Hills Landscape & Recreation Corporation regarding this project, had been distributed to the City Council for review. Robert Hansen, 18 Del Fiore, indicated that he was a homeowner and resident for about 6 years. He expressed concern after the Planning Commission presentation that Centex was going to try to opt out of the existing HOA of about 700-800 other homeowners. He stressed that another association might have the ability to do different things. He indicated that the builders had worked very closely with the Association to date, and the homeowners and builders were happy with the developments. He requested that the same situation continue to allow for consistency and continuity within the specific plan. Planning Manager Preisendanz noted that Centex had agreed to annex into the existing Homeowners Associations. Mayor Magee clarified this point, and Planning Manager Preisendanz reiterated that there was an agreement. Page lWelve - City Council Minutes - March 22, 2005 - Ed Sauls, 742 Summit Drive, Laguna Beach, spoke on behalf of Greenwald, LLC, in support of the project. He noted an area of generosity on the part of Centex, but suggested that there was the potential for misunderstanding. He pointed out issues with the Multi-Species Plan, and noted that there was an interest in a connection between Ramsgate and some of the existing properties. He indicated that the Greenwald property could be developed and was not needed as part of the conservation. He explained that Centex, outside the MSHCP, had agreed to dedicate property as open space; and indicated that while it was generous, it was not required. David Lewis, 29 Corte Madera, indicated that he didn't see a problem with bringing Centex into the community. He noted that there had been no problems with this type of action to date. James Hunt, 1 Corte Straza, President, Tuscany Hills Landscape & Recreation Corporation, noted the letter sent by the Board, and indicated that the only concern was bringing Centex into the HOA. He inquired if there was a need to change Resolution No. 2005-33, Condition No. 15, which reads that the project "shall annex into the HOA or shall initiate formation of a HOA". He suggested that it should be changed to just annexation. - Vida Boice, 17 Ponte Negra, noted that they were very concerned at the Planning Commission meeting, with the possibility that this project would not be included in the HOA. She expressed understanding that they were now in agreement with joining the HOA, but indicated if it was not that way, she would not be very happy living there. She stressed that it was a master planned area, and she bought it with the understanding that it would continue to be planned and part of the HOA. She commented that based on this understanding, she would be happy to welcome them into Tuscany Hills, but stressed her desire to maintain the fine reputation of Tuscany Hills in the area. Councilman Hickman noted that he was also a resident of Tuscany Hills, - Page Thirteen - City Council Minutes - March 22, 2005 and indicated that this project will put in a baseball park, and a traffic light at Via Strada and Summerhill, as well as a Recreation Center. He reiterated that they would be joining the HOA, and noted that Summerhill would be completed in two phases. He indicated that his concern was with the signage and monuments being in compliance and consistent with the rest of Tuscany Hills. Chris Holmquist, representing Centex, indicated that he believed that would be possible. Councilman Hickman questioned the name of the development. Mr. Holmquist indicated that had not been determined, but would be up to the company's marketing people. He expressed appreciation to the Council for their support and to the HOA for their support. He also thanked the City staff and planners at HDR. Councilman Hickman thanked Mr. Holmquist for his work with the HOA. Mayor Magee addressed Condition No. 15, as referenced by Mr. Hunt, and inquired if staff had a comfort level with it as it existed or if it should be edited. City Manager Brady concurred that it could be edited, but noted that the applicant had already agreed to annex to the existing HOA. Mayor Magee also indicated that Condition No. 85 should read subject to approval of "City Council", not "Community Services Director". He commended Centex for rescuing another map with lots below 4,000 square feet and making them an average of 8,000 square feet, with nothing under 5,000 square feet. He noted that they did the same thing in this area, that they did with Ramsgate, to increase the lot sizes and overall value. MOVED BY HICKMAN, SECONDED BY MAGEE TO APPROVE THIS PROJECT AS PRESENTED WITH AMENDMENTS TO CONDITIONS 15 AND 85. City Attorney Leibold requested that the City Council approve each portion of this item by separate vote, as detailed in the staff report. THE FOREGOING MOTION WAS WITHDRAWN. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY Page Fourteen - City Council Minutes - March 22, 2005 - A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-32, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, SCH #2004071082, ADOPTING THE MITIGATION MONITORING PROGRAM THERETO, THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION, PREPARED FOR THIS PROJECT. RESOLUTION NO. 2005-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT #SCH2004071082, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM THERETO, AND ADOPTING THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, FOR GENERAL PLAN AMENDMENT NO. 2004-05, ZONE CHANGE NO. 2004-06, AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, AND TENTATIVE TRACT MAP NO. 31370. - MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-41, APPROVING GENERAL PLAN AMENDMENT NO. 2004-05: RESOLUTION NO. 2005-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2005 APPROVING GENERAL PLAN AMENDMENT NO. 2004-05, AMENDING THE GENERAL PLAN LAND USE MAP DESIGNATION ON APPROXIMATELY 37.12+ - Page Fifteen - City Council Minutes - March 22, 2005 ACRES LOCATED WEST OF GREENW ALD AVENUE, APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-390-001 THRU -004, -015 AND -016, FROM "LOW MEDIUM DENSITY RESIDENTIAL, 6 DWELLING UNITS PER ACRE" TO "TUSCANY HILLS SPECIFIC PLAN." MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO APPROVE ZONE CHANGE NO. 2004-06 AND ADOPT ORDINANCE NO. 1145, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-06, CHANGING THE ZONING FROM "R1-SINGLE FAMILY RESIDENTIAL" TO "TUSCANY HILLS SPECIFIC PLAN," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 37.12 + ACRES LOCATED WEST OF GREENWALD AVENUE APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-390-001 THRU -004, -015 AND -016. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY Page Sixteen - City Council Minutes - March 22, 2005 - ABSTAIN: COUNCILMEMBERS: NONE MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO APPROVE AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89- 3 AND ADOPT ORDINANCE NO. 1146, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, LOCATED SOUTH OF GREENWALD AVENUE, NORTH OF THE EXISTING TUSCANY HILLS COMMUNITY, WEST OF THE CANYON LAKE COMMUNITY AND EAST OF UNDEVELOPED LAND WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019, -021, -024 THRU -029, -034; 349- 290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016. - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE CONDITIONS OF APPROVAL PLANNING DIVISION - Page Seventeen - City Council Minutes - March 22, 2005 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with the certified Final Subsequent Environmental Impact Report (State Clearinghouse #2004071082). 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. Construction on the project is subject to the terms and conditions of the Development Agreement by and between the City of Lake Elsinore and Centex Homes and recorded by the Riverside County Recorder on December 8, 2003. 6. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 7. The applicant shall submit 15 final revised copies upon approval of Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3. 8. The applicant shall install stamped concrete adjacent to the raised landscaped medians on Page Eighteen - City Council Minutes - March 22, 2005 - Summerhill Drive and "B" Street. The location and width shall be reviewed and approved by the Community Development Department and the City Traffic Engineer. 9. Construction vehicles shall use Greenwald Avenue to "B" Street to access the site, in order to avoid traveling through existing residential neighborhoods. 10. The developer shall provide an educational interpretive sign program along the open space areas for the benefit of families interested in the Multi-Species Habitat Conservation Program. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE TO 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE TENTATIVE TRACT MAP NO. 31370, BASED ON THE FINDINGS AND CONDITIONS, WITH CONDITIONS 15 AND 85 MODIFIED AS DISCUSSED AND ADOPTED RESOLUTION NO. 2005-33. RESOLUTION NO. 2005-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 31370, A SUBDIVISION OF 807 SINGLE FAMILY RESIDENTIAL LOTS, COMMUNITY AND NEIGHBORHOOD PARKS, A RECREATIONAL FACILITY, AND APPROXIMATELY 130 ACRES OF OPEN SPACE, ON APPROXIMATELY 368.4+ ACRES LOCATED WEST OF THE CANYON LAKE COMMUNITY, NORTH OF THE EXISTING TUSCANY HILLS COMMUNITY, SOUTH OF GREENWALD AVENUE, AND EAST OF UNDEVELOPED LAND WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019, -021, -024 THRU -029, -034; 347-290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016. Mayor Magee closed the public hearing at 7:53 p.m. FINDINGS - Page Nineteen - City Council Minutes - March 22, 2005 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the proposed subdivision and density of 2.19 dwelling units per acre are consistent with the Tuscany Hills Specific Plan, and therefore with the General Plan. The proposed subdivision reduces the number of dwelling units originally proposed for this area from 906 dwelling units to 807. Thusly, the density is reduced from 2.61 dwelling units per acre which was originally approved. b. The project proposes single family residential lots ranging in size from 5,000 square feet to 24,100 square feet, with an average lot size of 8,131 square feet. The minimum lot size originally approved in the Specific Plan call for 4,000 square feet in the south portion, and 5,000 square feet in the north portion. The proposed map meets this minimum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the originally approved Specific Plan. b. The map provides open space areas that protect the natural topography and views. 3. The effects that this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public Page Twenty - City Council Minutes - March 22, 2005 - right-of-way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. The proposed division requires the adoption of a Statement of Overriding Considerations pursuant to California Environmental Quality Act compliance. The Planning Commission recommends the adoption of the Statement prepared for this project. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 31370 is conditioned to comply with all development standards of Amendment No. 1 to the Tuscany Hills Specific Plan. These standards have been reviewed and recommended for approval to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. - a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 31370. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. CONDITIONS OF APPROVAL PLANNING DIVISION 1. Tentative Tract Map No. 31370 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the final map, he shall comply with this Condition, shall design the phasing consistent with Amendment No.1 to the Tuscany Hills Specific Plan, and shall comply with the requirements of the SMA. - Page Twenty-One - City Council Minutes - March 22, 2005 2. Tentative Tract Map No. 31370 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 31370, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with the certified Final Subsequent Environmental Impact Report (State Clearinghouse #2004071082). 6. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 7. This map must comply with the Development Standards and Conditions of Approval for Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3. 8. Construction on the project is subject to the terms and conditions of the Development Agreement by and between the City of Lake Elsinore and Centex Homes and recorded by the Riverside County Recorder on December 8, 2003. Page Twenty-Two - City Council Minutes - March 22, 2005 - 9. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: 10. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated April 6, 2004 attached. 1. All lots shall comply with minimum development standards approved with Amendment No. 1 to Specific Plan No. 89-3 Tuscany Hills. Wherever the Specific Plan is silent, the standards of the Rl Single Family Residential zone shall apply. 2. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 3. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 4. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. - 5. The applicant shall annex into the existing homeowners' association for Tuscany Hills,.ef shall initiate and complete the f-ormation of a homeo'lmers' association appro'/ed by the City, recorded and in plaee. All.^..ssociation documents shall be reyie\';ed and approved by the City and recorded, sHeh as the ;\rtic1es of Incorporation and Coyenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or shall coordinate with the appropriate agency approved by the Community Development Director or his designee, for such maintenance. Revised by City Council, March 22, 2005 a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. 6. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. - Page Twenty-Three - City Council Minutes - March 22, 2005 7. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. Where such slopes are within MSHCP Conservation areas, the applicant shall confer with the Community Development Director or his designee regarding appropriate methods to re-establish natural vegetation, consistent with the MSHCP Guidelines. PRIOR TO GRADING AND BUILDING PERMITS: 8. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 9. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #17, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 10. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 11. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). 12. The applicant shall comply with the requirements set forth by the EVMWD in their transmittal dated March 19, 2004 attached. 13. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. Page Twenty-Four - City Council Minutes - March 22,2005 - 14. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 18. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. Landscape Plans for the tract shall include vegetative screening of all retention basins. 21. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. - PRIOR TO DESIGN REVIEW: 22. All future structural development associated with this map requires separate Design Review approval. 23. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 24. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of - Page Twenty-Five - City Council Minutes - March 22, 2005 Occupancy. 25. A detailed fencing plan shall be required for review and approval during the Design Review process. 26. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. d. Greenwald Avenue shall remain open during construction. A Traffic Control Plan shall be submitted for review and approval by the city Engineer prior to work being done on Greenwald Avenue. ENGINEERING DIVISION 1. Dedicate and improve all local streets such that the right-of-way width and street improvements are consistent with the Specific Plan. 2. Construct median islands on "B" Street and Summerhill Drive. Median design shall be coordinated with the City Traffic Engineer. 3. Construct extension of Summerhill Drive from the existing terminus to "A" Street. Construct "A" Street from Summerhill Drive to "B" Street and construct "B" Street from "A" Street to Greenwald Avenue, all as part of the initial backbone roadway system. Two lanes shall be constructed and functioning for Phases I and II. 4. All slopes shall be graded no steeper than 2:1. 5. Cross lot drainage shall not be allowed. Page Twenty-Six - City Council Minutes - March 22, 2005 - 6. All slope drains within lettered or open space lots shall be conveyed to the public right-of- way. 7. All street grades shall not exceed nine percent (9%) unless otherwise approved by the City Engineer. 45. Pay all development fees, including area drainage, TlF and TUMF, unless otherwise described in the Development Agreement pertinent to this project. 46. Provide clean water mitigation for construction activities as well as post construction operations. 47. All right-of-way improvements adjacent to the model homes shall be completed prior to the opening of the model homes to the public. 48. Prior to the issuance of a grading permit provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted. - 49. Applicant shall provide for detention of storm water run off greater than the existing unimproved condition. Outlet of detention facility shall be consistent with volume, direction and character of the historic flow. 50. 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. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 53. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 54. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to building permit approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by the - Page l\venty-Seven - City Council Minutes - March 22, 2005 serving utility. 56. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site, unless a study is already on file. 59. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 60. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 61. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 62. 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 final map approval. 63. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 64. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards, and City Codes (LEMC 12.04 and 16.34). 65. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 66. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall Page Twenty-Eight - City Council Minutes - March 22, 2005 - meet at a maximum grade of 6 %. The "leg" approach at any "T" intersection shall not exceed 6% for a minimum of 50 feet from projected edge of curb. 67. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 68. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 WI x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 69. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 70. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 71. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". - 72. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 73. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 74. Meet all requirements ofLEMC 15.68 regarding floodplain management. 75. Unless reports are already on file, submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 76. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 77. Roof and yard drains shall not be allowed to outlet directly through cuts in the street curb. Roof drains shall drain through a minimum 20-feet of landscaped area. 78. Ten (10) year storm runoff should be contained within the curb and the 100 year storm - -- Page Twenty-Nine - City Council Minutes - March 22, 2005 runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 79. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 80. Unless previously submitted, the applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 81. Unless previously submitted, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 82. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 83. Unless previously completed, the applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 84. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMUNITY SERVICES DEPARTMENT 85. The developer shall dedicate to the City the turn-key, five (5) acre park on or before the issuance of the 300th building permit. This requirement shall not be amended without the review and approval of the Community Services Director City Council. Page Thirty - City Council Minutes - March 22, 2005 - 86. The City's Landscape Architect shall design the park. Developer shall pay for fees associated with the park design costs. 87. No park credits are given for drainage facilities or retention areas. 88. No retention or drainage facilities shall be placed on or made part of the park land. 89. The applicant shall provide complete inventories (in digital format as required by the City) of all streets, signage, street trees, street lights, storm drain lines and catch basins as well as all pavement markings. 90. The developer shall comply with all City ordinances regarding construction debris and removal. 91. The HOA is to maintain all parkways, manufactured slopes, medians, drainage/retention areas and any and all slopes associated with the park. ADMINISTRATIVE SERVICES DEPARTMENT - 92. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 93. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 23. Industrial Proiect No. 2004-05 - Faruk Warehouse Building. (F:86.2) Mayor Magee opened the public hearing at 7:54 p.m. Planning Manager Preisendanz detailed the project for a 20,000 square foot warehouse building at the comer of Collier and Chaney. Kim Quon, Studio 5 Architectural Planning, representing the applicant, indicated that he was present to advise that they had seen the changes made - Page Thirty-One - City Council Minutes - March 22, 2005 per the Planning Commission meeting; and was present to answer questions. He thanked City staff, especially Kirt Coury and Ken Seumalo for their assistance and indicated that the applicant was excited to bring this project and see the City grow. Mayor Magee closed the public hearing at 7:57 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE INDUSTRIAL DESIGN REVIEW NO. I 2004-05, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Industrial Design Review located at APN: 377-151-063 complies with the goals and objectives of the General Plan, in that the approval of this commercial manufacturing complex will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN: 377-151-063 is appropriate to the site and surrounding developments in that the proposed commercial manufacturing complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Page Thirty-1\vo - City Council Minutes - March 22, 2005 - Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN: 377-151-063, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In-Fill Development Projects). 4. 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. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at 377-151-063 has been scheduledfor consideration and approval by the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at Assessor Parcel Number 377-151-063, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. - INDUSTRIAL DESIGN REVIEW NO. 2004-05 I. Design review approval for Industrial Project No. 2004-05 will lapse and be void unless building permits are issued within one (I) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (I) month prior to expiration. 2. All Conditions of approval shall be reproduced on page one of building plans prior to their - Page Thirty-Three - City Council Minutes - March 22, 2005 acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 5. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 8. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type 'A' loading zones (12' x 20') and Type 'B' loading zones (12' x 40'). 9. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. a. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. b. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. Page Thirty-Four - City Council Minutes - March 22, 2005 - c. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. d. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. e. All building signage shall comply with the Sign Program submitted to the Planning Division. f. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. g. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. h. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 1. Applicant shall meet ADA (Americans with Disabilities Act) requirements. - J. No exterior roofladders shall be permitted. k. All service and loading doors shall be painted to match the building. 1. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS m. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. n. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. - - Page Thirty-Five - City Council Minutes - March 22, 2005 a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. 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 .- pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. -?"- j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. Page Thirty-Six - City Council Minutes - March 22, 2005 - 25. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 26. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 27. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 28. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 29. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 30. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. - ENGINEERING 31. Building pads will be required to be I-foot above the 100-year flood plain elevation. 32. Dedicate full half width street right-of-way conforming to the General Plan Circulation Element . Dedication on Collier Avenue shall be such that the full half width measured from the centerline to property line is 50-feet. Dedication along Chaney Street shall be such that the full half width measured from the centerline to property line is 50-feet. 33. Construct full half width street improvements on Collier Avenue and Chaney Street. Half width roadway improvements shall be 40- feet from centerline to curb face for both Collier Avenue and Chaney Street. Construction of sidewalk and landscaping shall also be constructed for the project frontage. Street improvements shall be completed, or cash in lieu shall be submitted (amended at Planning Commission Meeting dated March 1, 2005), prior to certificate of occupancy. 34. Direct access onto Collier Avenue shall not be allowed. 35. Provide a reciprocal access agreement with the existing adjacent property to provide additional circulation and access. The agreement shall be recorded prior to the issuance of building permit. - Page Thirty-Seven - City Council Minutes - March 22, 2005 36. Provide a drive isle stub to the undeveloped property adjacent to the southwest. The drive isle shall be constructed to stub to the property line of the adjacent parcel. A reciprocal access agreement shall be provided to the adjacent property to be processed at the time of their development. 37. The driveway located on Chaney Street shall be a minimum of 40-feet deep clear of drive isles and parking stalls. 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map appro';al certificate of occupancy (amended at Planning Commission Meeting dated March 1, 2005). 39. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 40. All street improvements shall be installed and functioning, or cash in lieu shall be submitted (amended at Planning Commission Meeting dated March 1, 2005), prior to certificate of occupancy. 41. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), traffic uniform mitigation fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. 42. 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 issuance of building permit. 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 11. Street improvement plans and specifications shall be prepared by a California Registered Civil EngiFleer. ImprovemeFlts shall be desigFled afld eOFlstrueted to Ri','erside County Road DepartmeFlt Standards, latest edition, and City Codes (LEMC 12.01 and 16.34). (amended at Planning Commission Meeting dated March 1,2005). Page Thirty-Eight - City Council Minutes - March 22, 2005 - 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of building permit. 46. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 47. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 48. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 49. Arrangements for relocation, or post securities (amended at Planning Commission Meeting dated March 1, 2005) , 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. 50. Provide fire protection facilities as required in writing by the Riverside County Fire - Department. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to issuance of a building permit. All traffic control devices shall be installed prior to final inspection of public improvements. This iFleludes No ParkiFlg and Street Sv;eeping Signs for streets within the de'ielopment. (amended at Planning Commission Meeting dated March 1, 2005). 54. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. - Page Thirty-Nine - City Council Minutes - March 22, 2005 56. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. 59. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 60. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval ofthe City Engineer. 61. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 62. Individual lot 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. 63. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the precise grade plans. A note should be added to the precise grade plans stating: "Drainage easements shall be kept free of buildings and obstructions". 64. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Page Forty - City Council Minutes - March 22, 2005 - 65. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements ofLEMC 15.68 regarding flood plain management. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer aad the Riverside C01:lllty Flood Comrol District prior to approval of fiaal map prior to issuance of a building permit (amended at Planning Commission Meeting dated March 1, 2005).. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 68. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. Ten year storm runoff should be contained within the curb and the 1 DO-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. - 71. A notarized drainage acceptance letter will be necessary from the downstream property owners for out-letting the proposed storm water run-off on private property. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 74. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 75. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. - Page Forty-One - City Council Minutes - March 22, 2005 76. Ingress/egress site distance shall meet the design criteria of the CAL TRANS Design Manual. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 77. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 78. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 79. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval certificate of occupancy (amended at Planning Commission Meeting dated March 1,2005). 80. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 81. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 82. Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 83. Applicant to maintain all on-site landscaping. 84. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 85. Applicant to comply with all NPDES regulations. Mayor Magee thanked the applicant for his investment in the Community. 24. Final Environmental Impact Report. State Clearinghouse (SCH No. Page Forty-Two - City Council Minutes - March 22, 2005 - 2004111053). General Plan Amendment No. 2004-02; Zone Change No. 2004-02. Tentative Parcel Map No. 33056 and Commercial Design Review No. 2004-12 for the Oak Grove Crossing Shopping Center located on the Northwest Comer of Central and Collier Avenues. West of Interstate 15 (l- IS) within the City of Lake Elsinore and Assessor Parcel Numbers 377-120- 007 and 008. Resolution No. 2005-34 thru 2005-36 and Ordinance No. 1147. (F:110.2) Mayor Magee opened the public hearing at 7:58 p.m. Planning Manager Preisendanz indicated that this was a request to approve the Target shopping center, with a 120,000 square foot Target and outlying buildings for a total of 160,000 square feet of retail development. He detailed the recommendations, and noted a new condition for staff to work with the applicant to provide for fee reductions related to relocation of existing power poles not to exceed $260,000. - Glen Daigle, Oak Grove Equities, indicated that they were in agreement with the staff report and conditions of approval as amended. He commented that they appreciated the working spirit of the City and staff. Councilman Hickman inquired if they were happy with the amended condition. Mr. Daigle confirmed. Councilman Hickman commented that the planned building was beautiful. Mayor Pro Tern Schiffner questioned if the new conditions should be included in the motion for approval. Councilwoman Kelley concurred that this was a great looking shopping center, and indicated that she was happy to have it in the community. She noted the high voltage wire discussion; and indicated that the community would benefit nicely. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A - Page Forty-Three - City Council Minutes - March 22, 2005 VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-34, MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. RESOLUTION NO. 2005-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS THE OAK GROVE CROSSING LOCATED AT ASSESSOR PARCEL NUMBER(S) 377-120-007 AND 008. Mayor Magee thanked the applicant for their continued investment in the community and for working with staff to develop a design to be proud of. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-35 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT. RESOLUTION NO. 2005-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT SCH NO. 2004111053, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM THERETO AND ADOPTING FINDINGS OF FACT AND OVERRIDING CONSIDERATIONS FOR PROJECT KNOWN AS OAK GROVE CROSSING LOCATED AT ASSESSOR PARCEL NO(S) 377-120-007 & A PORTION OF 008. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE GENERAL Page Forty-Four - City Council Minutes - March 22, 2005 - PLAN AMENDMENT NO. NO. 2004-02, AND ADOPT RESOLUTION NO. 2005-36. RESOLUTION NO. 2005-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2005 APPROVING OF THE GENERAL PLAN AMENDMENT NO. 2004-02 AMENDING THE GENERAL PLAN WITHIN THE BOUNDARIES OF TENTATIVE PARCEL MAP NO. 33056, ASSESSOR PARCEL MAP 377-120-007 & A PORTION OF 008 FROM BUSINESS PARK AND LIMITED INDUSTRIAL TO GENERAL COMMERCIAL. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE ZONE CHANGE NO. 2004-02 AND ADOPT ORDINANCE NO. 1147, UPON FIRST READING, BY TITLE ONLY: - ORDINANCE NO. 1147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-02 CHANGING THE ZONING DESIGNATION OF THE PROPERTY CONTAINED WITHIN TENTATIVE PARCEL MAP NO. 33056 ASSESSOR PARCEL NO(S) 377-120-007 & A PORTION OF 377-120-008 FROM M-l (LIMITED MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) UNDER THE ZONING ORDINANCE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE - _ Page Forty-Five - City Council Minutes - March 22, 2005 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE TENTATIVE PARCEL MAP NO. 33056 AS AMENDED BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS - TENTATIVE PARCEL MAP 10. The proposed subdivision, together with the provIsIons for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of commercial land uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 11. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The City has considered the need for day-to-day shopping, which includes convenience goods, food and personal services, in contrast to the impacts related to the project's implementation and has determined that there are overriding considerations that outweigh the one (1) unavoidable significant impact (air quality). 12. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts, except one (1) unavoidable significant impact (air quality) that cannot be avoided to which the City Page Forty-Six - City Council Minutes - March 22, 2005 recommends adoption of the "Statement of Overriding Considerations". MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE COMMERCIAL DESIGN REVIEW NO. 2004-12 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Magee closed the public hearing at 8:05 p.m. FINDINGS - COMMERCIAL DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 377- 120-007 &008 complies with the goals and objectives of the General Plan, in that the approval of this commercial shopping center will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Numbers 377-120- 007 &008 is appropriate to the site and surrounding developments in that the shopping center known as the Oak Grove Crossing has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. - - Pursuant to the California Environmental Quality Act {CEQA}, the proposed Commercial Design Review located at Assessor Parcel Number 377-120-007 &008, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will generally not have a significant effect on the environment pursuant to attached Conditions of Approval except that there is one (1) unavoidable significant impact {air _ Page Forty-Seven - City Council Minutes - March 22, 2005 quality) that cannot be avoided, to which the City recommends adoption of the "Statement of Overriding Considerations". 4. 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. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number 377-120-007 &008 has been scheduledfor consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Oak Grove Crossing located at 377-120-007 & 008, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of $1,314.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. 3. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring and Reporting Plan (SCH No. 2004111053). TENTATIVE PARCEL MAP NO. 33056 4. Tentative Parcel Map No. 33056 will expire two (2) years from date of approval unless Page Forty-Eight - City Council Minutes - March 22, 2005 - within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC). 5. Tentative Parcel Map No. 33056 shall comply with the State of California Subdivision Map Act (CSMA) and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), Title 16 unless modified by approved Conditions of Approval. 6. Prior to final certificate of occupancy of Tentative Parcel Map No. 33056, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 7. Prior to the recordation of a final map, the applicant shall prepare and record CC&R's against the commercial shopping center requested herein. The CC&R's shall be - reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 8. No building in the development shall be sold unless a corporation, association, property management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. - Page Forty-Nine - City Council Minutes - March 22, 2005 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Property Management Association shall be mandatory for each buyer and successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 14. The applicant shall comply with those mitigation measures identified in the Draft EIR (SCH No. 2004111053) Mitigation Monitoring and Reporting Program prepared for the project requested herein. DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 2004-12 15. The Design Review approval located at Assessor Parcel No. 377-120-007 & 008 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 16. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. Page Fifty - City Council Minutes - March 22, 2005 - 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 19. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 20. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 21. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. - 22. All building signage shall comply with Uniform Sign Program No. 2004-09 requested herein. 23. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 25. No exterior roof ladders shall be permitted. 26. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 27. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 28. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. - Page Fifty-One - City Council Minutes - March 22, 2005 29. On-site surface drainage shall not cross sidewalks. 30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 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. PRIOR TO BUILDING/GRADING PERMITS 32. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 33. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee ($5,620.00 x 14 Acres=$78,680.00). 34. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. Page Fifty-1\vo - City Council Minutes - March 22, 2005 - f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. - j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 35. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 38. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING - Page Fifty-Three - City Council Minutes - March 22, 2005 39. Staff shall work with the applicant to prepare an agreement, which shall provide for any combination of fee credits, fee reduction, or reimbursements for the cost of relocating existing power poles necessary to widen Collier Avenue. Said reimbursements, credits or reductions shall not exceed $260,000. Added per the City Council on March 22, 2005. 40. The applicant shall dedicate a full half-width right-of-way for Collier Avenue consistent with the Recommendations of the approved traffic study. 41. The applicant shall construct full half-width road improvements along the project frontage of Collier A venue consistent with the recommendations included in the approved traffic study. 42. The applicant shall dedicate full half-width right-of-way for Central Avenue. Halfwidth shall be consistent with the recommendations of the approved traffic study. 43. The applicant shall construct full half-width street improvements along the project frontage of Central Avenue consistent with recommendations of the approved traffic study. 44. The applicant shall dedicate full half-width right-of-way for Pasadena Street such that the half width is 30-feet. Street improvements shall be conditioned on the parcel adjacent to Pasadena Street when a submittal is received. 45. All street improvements on State Route 74 (Collier Avenue) shall reqUIre an encroachment permit from CAL TRANS. 46. All drive entrances shall be clear of parking stalls and drive aisles for a minimum distance of forty (40) feet. 47. The applicant shall comply with the mitigation described in the approved traffic plan including contribution towards the improvements in the SR74/1-15 interim interchange improvements. 48. All signage and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 49. The applicant shall construct a right-in/right-out driveway at the entrance on Collier Avenue. Page Fifty-Four - City Council Minutes - March 22, 2005 - 50. The applicant shall construct an asphalt transition from the approved street improvements to the existing pavement. The transition shall allow for the conveyance of stormwater and shall be consistent with CAL TRANS' standards for traffic safety. 51. The entrance on Collier shall provide for a dedicated right turn/deceleration lane. 52. The applicant shall pay City TIF and County TUMF fees as well as the appropriate area drainage fee. 53. On site diversion of storm flows greater than one-acre shall not be allowed. 54. The applicant shall provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 55. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation. 56. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. - 57. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 58. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 59. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 60. The applicant shall 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 final map approval. 61. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). - Page Fifty-Five - City Council Minutes - March 22,2005 62. Street improvement plans and specifications shall be prepared by a California 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). 63. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 64. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 65. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 66. The applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 67. 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. 68. The applicant shall provide fire protection facilities as required in writing by the Riverside County Fire Department. 69. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 70. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 71. The applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 72. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 73. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Page Fifty-Six - City Council Minutes - March 22, 2005 - 74. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 75. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 76. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. If the project is outside the Special Study Zone, A letter signed and stamped by a licensed Geotechnical Engineer or licensed Geologist shall be submitted to the City certifying the exemption 77. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. - 78. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 79. Individual lot 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. 80. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 81. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 82. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 83. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management. - Page Fifty-Seven - City Council Minutes - March 22, 2005 84. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 85. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 86. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 87. 10-year storm runoff should be contained within the curb and the 1 DO-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 88. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 89. The applicant shall be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 90. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 91. In the event the site is impacted by the FEMA 100-year Flood Plane, the applicant shall process an appropriate letter of map revision with FEMA. All building pads shall be constructed to I-foot above the FEMA 1 DO-year flood plane. 92. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 93. The applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. Page Fifty-Eight - City Council Minutes - March 22, 2005 - 94. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 95. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 96. The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map. 97. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 98. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. - ADMINISTRATIVE SERVICES DEPARTMENT 99. The applicant shall annex into the Lighting, Landscape, and Maintenance District No.1 (LLMD No.1) if the City will maintain street lights and landscape medians. RIVERSIDE COUNTY FIRE DEPARTMENT 100. The applicant shall comply with all conditions from Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 101. The applicant shall pay park fees of $0.10 per square foot for all interior commercial/industrial space. 102. The applicant shall maintain all dry well systems installed as part of the project. 103. The applicant shall maintain all landscaping installed within the interior of the project and all areas fronting Collier and Central Avenues. 104. The applicant shall maintain all catch basins, storm drains or other related flood control devices generated by the project. - Page Fifty-Nine - City Council Minutes - March 22, 2005 105. The applicant shall comply with all City Ordinances relating to hauling and recycling of construction debris and removal. MINOR CONDITIONAL USE PERMIT 106. Minor Conditional Use Permit No. 2004-38 (Pad "B") approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107.Minor Conditional Use Permit No. 2004-38 shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 108. Minor Conditional Use Permit No. 2004-38 granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 109. Prior to final certificate of occupancy of Conditional Use Permit No. 2004-38, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 110. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code (LEMC). 111. The use of an outdoor public address system shall not be allowed. 112. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. VARIANCE NO. 2004-05 Page Sixty - City Council Minutes - March 22, 2005 - 113. Subject to the approval of the Home Depot Sign Program, Variance No. 2004-05 shall lapse and become void one (1) year following the date on which the Variance became effective, unless prior to the expiration of one (1) year, a building permit related to the Variance is issued and construction commenced and diligently pursued toward completion. The effective date of the Variance is subject to the installation of the most southerly freeway pylon pursuant to Sign Program No. 2005-01. Added per Planning Commission March 1, 2005. 114. The decision of the Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80. 115. An application for modification or other change in the conditions of approval of Variance No. 2004-05 shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. 116. Variance No. 2004-05, upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, shall be suspended as follows: - The Planning Commission shall notify, in writing, the holder of the Variance of its intention to hold a hearing to consider its revocation. Said notice shall be made at least ten (10) days prior to the actual date of the hearing. At the hearing the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Variance or take such action as may be necessary to ensure compliance with the regulations, general provision or condition. Within five (5) days following the date of a decision of the Commission revoking a Variance, the secretary shall transmit to the applicant and City Council written notice of the decision. The decision shall become final fzfteen (15) days following the date on which the Variance was revoked unless an appeal has been filed. 117. Variance No. 2004-05 granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Variance application. UNIFORM SIGN PROGRAM NO. 2004-09 - Page Sixty-One - City Council Minutes - March 22, 2005 118. Prior to issuance of any sign permit the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 119. The applicant shall apply for a sign permit and pay appropriate fee for any sign installed at the project site. 120. The location, size, style, and color for all signs shall comply with the Uniform Sign Program No. 2004-09 (Approved herein). Any additions or revisions to the Sign Program shall require Planning Division review and approval. 121. The Design Review approval for Sign Program No 2004-09 located at Assessor Parcel No. 377-120-007 & 008 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 122. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 123. All exterior sign lighting shall be reviewed and approved by the Community Development Director. 25. Public Hearing - Authorizing the Issuance of Bonds and Approving bond Documents; Formation ofCFD 2004-3 (Rosetta Canyon); Calling a Special Election: Canvassing Election Results and Authorizing the Levy of Special Taxes. Resolution Nos. 2005-37 thru 2005-40 and Ordinance No. 1148. (F:22.3) Mayor Magee announced that this was Agenda Item No. 25, the Public Hearing on Formation of CFD 2004-3 (Rosetta Canyon); call of a Special Election; canvass of election results, and authorization to levy Special Taxes. He declared the public hearing open at 8:06 p.m. City Manager Brady introduced Administrative Services Director Pressey and Bond Counsel Hunt for presentation but requested a report on the Page Sixty-Two - City Council Minutes - March 22, 2005 - noticing requirements from the City Clerk. City Clerk/Human Resources Director Kasad announced that the Notice of Public Hearing was published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey indicated that Dennis Anderson, who prepared the Engineer's Report was present, as well as Chris Holmquist, representing Centex on this matter. He explained that this was the formation of the District, which would involve 1,012 homes. He indicated that there were two zones, within each of the two planned improvement areas. He advised that bonds were proposed for each improvement area with the first being for $23 million and the second for $28 million. He noted that the facilities to be funded were listed on page 8, while the estimated total costs were included on page 9. He indicated that _ of the estimated $51 million, $41 million was anticipated. He detailed the anticipated special taxes for each improvement area and detailed the square footage of the proposed homes. He advised that the special taxes could increase up to 2% per year for a tax rate of approximately 2% including all taxes. He indicated that the joint financing agreement with EVMWD, was passed by EVMWD on March 10th, and that was the first item for consideration at this meeting. Mayor Magee inquired if there was anyone wishing to speak in favor of the district formation. Hearing no one, Mayor Magee inquired if there was anyone wishing to speak against the district formation. Hearing no one, Mayor Magee inquired if there was anyone wishing to speak at all. There were no public requests to speak. Chris Holmquist, representing Centex Homes, thanked the City Council for their consideration and urged support of this District, as it would provide critical funding for infrastructure. - Page Sixty-Three - City Council Minutes - March 22, 2005 Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired before formally closing the hearing, if there were any other property owners subject to the proposed special taxes who wished to file written protests and offered an opportunity for them to be filed with the City Clerk. No protests were filed. Mayor Magee closed the public hearing at 8: 10 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-37. RESOLUTION NO. 2005-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-38. RESOLUTION NO. 2005-38 A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON). Page Sixty-Four - City Council Minutes - March 22, 2005 - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-39. RESOLUTION NO. 2005-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $23,000,000 AND $28,000,000 WITHIN IMPROVEMENT AREA NO.1 AND IMPROVEMENT AREA NO.2, RESPECTIVELY, OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) AND CALLING A SPECIAL ELECTION. Bond Counsel Hunt requested that the Mayor direct the City Clerk to tabulate the ballots and determine whether two-thirds of the votes cast upon the question of levying the tax were in favor of levying that tax. - Mayor Magee directed the City Clerk to tabulate the ballots and announce if two-thirds of the votes cast upon the questions of levying the special tax, incurring bonded indebtedness in the amount not to exceed $23,000,000 and $28,000,000, respectively, for Improvement Area No. 1 and Improvement Area No.2 and establishing an appropriations limit equal to the maximum amount of bonded indebtedness were in favor of such propositions. City ClerklHuman Resources Director Kasad tabulated the ballots and announced that all votes cast were in favor of the propositions. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-40. RESOLUTION NO. 2005-40 - Page Sixty-Five - City Council Minutes - March 22,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN IMPROVEMENT AREA NO.1 AND IMPROVEMENT AREA NO.2 OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON). MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1148, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1141- Zone Change No. 2004-07- Woodward Interests. (F:138.2) MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1141, UPON SECOND READING BY TITLE ONLY: Page Sixty-Six - City Council Minutes - March 22, 2005 - ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-07 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015.363-250- 001 THRU 012 FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1142 - Community Facilities District No. 2003-1. Annexation No. 10 - La Laguna Phase 3.(F:22.3) MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1142, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) - Page Sixty-Seven - City Council Minutes - March 22, 2005 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 10 (LA LAGUNA PHASE 3) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1143 - Community Facilities District No. 2003-1. Annexation No. 11 - Alberhill Ranch. (F:22.3) ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 11 (ALBERHILL RANCH) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE Page Sixty-Eight - City Council Minutes - March 22, 2005 - ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 34. Final Report on the Results of the Benefit Audit and Sub-Committee Recommendations for Action. (F: 116.1) Mayor Magee explained that this report was as a result of a sub-committee formed in June, 2004. He noted that the audit specifically looked at July 1, 2003 to June 30, 2004. He advised that following the audit he and Councilman Buckley prepared the staff report, with several recommendations for action this evening. He noted that they had suggested referring most of the items to the City Manager for a new series of policies and procedures. He commented that the audit ultimately found that when procedures were in place and were followed, they worked; however in some cases, there simply were no procedures. He indicated that the intent was to go forward in a positive manner. - City Manager Brady indicated that staff appreciated the opportunity to review the audit and provide input. He advised that staff was currently reviewing the audit and preparing additional information, which they felt would compliment the information in the audit, and provide a more complete and clear picture. He noted that many of the internal controls and procedures had already been put in place. He advised that the intention was that receipts would be required to be turned in, much more stringently in the past. He indicated that if anyone looked at an expenditure, they could see the approval and the expenditure for the whole transaction, so it could now be followed more completely. He indicated that there would be travel policies for reimbursement, where the Ctiy was now following the State per diem policy. He explained that a complete description of the conference, cost of the conference to be approved by the department head, and cost for mileage based on the Mapquest service. He noted that the comparison between airfare and mileage would also be required in the future, and the reimbursement would be at the lesser rate. He further noted that if a - Page Sixty-Nine - City Council Minutes - March 22, 2005 conference provides a meal, the per diem will be reduced accordingly. He advised that people attending conferences will need to provide a written summary of the conference and the benefits of attending the conference. He indicated that in terms of the leave requirements, each department, now has a person that must compare time sheets with leave requests. He noted the use of City credit cards, and indicated that documentation is critical and the Administrative Services Department was looking at the back-up documentation. He also noted that if there are other people involved in the use of the credit card, those people will need to be identified. He indicated that if any charges are not appropriate, they will need to be repaid by the card holder. He commented that there was a general concern about the audit when it was initiated, but at this time, there was an appreciation of what it identified. He stressed that some of the changes had already been initiated, and noted that the burden was on the Administrative Services Department to track the documentation. He indicated that staff was preparing a response and would make it available when it was ready. Mayor Magee reminded the Council that he wanted to amend the recommendation on City credit cards to add a provision that purchases were for City related items and expenditures only, not for other businesses. Bill Tiitto inquired if the audit had reviewed all 1,400 records, as discussed in the newspaper. He also inquired if the bonus program had been deleted, and if the money could be recouped that had been overcharged and was not reasonable. He questioned how much money was involved, and how much was marginal or illegal, etc. He also questioned why when the Grand Jury called for an audit in 2001 or 2002, it was bypassed. Donald Ash requested that the public address system be turned up so the audience could hear what was going on. He indicated that complaints against the City Council and Management had been ignored. He addressed a report that wrongdoing had been going on for years. He commented that there was a City Manager that did not take care of the needs of the community and a Council that did not care about the taxpayers of the Page Seventy - City Council Minutes - March 22, 2005 - community. He commented that the Council finally woke up to the fact that they needed to get rid of the City Manager, but appointed one of his chief deputies, who was part of the "fifedom" of the City Manager that had been going on for years. He stressed the need for the City to protect the taxpayers' money. He suggested that this audit highlighted what he called stealing the taxpayers' money. He suggested that City staff members were thieves and suggested that Mayor Magee wake up and get the money back from the people who had robbed the taxpayers. Sam Romero indicated that he had an opportunity to review the audit and found some questionable items. He suggested that when the Council is looking at funding for streets, people should be looked at to refund money to the City. He addressed page 36, item no. 5, a $450 expenditure for truffles. He also noted page 60, item no. 7, a trip to Washington D.C. He questioned how many days were involved in the meeting, and who and how many attended. He also noted a $32 expenditure for liquor and a $20 tip. He noted that there was a reimbursement for meals, as well as per diem. He inquired when the last audit was done and how many other elected officials and staff members benefit from the trip. He suggested that past actions could not be put in the past, but it was possible to correct them and move forward. He indicated that whether one was a friend of the old City manager or not was immaterial. He indicated he felt the City Manager could help the Council and the City to rectify these problems in the future. - City Treasurer Weber indicated that he had time to thoroughly review the audit; and commented that it was very difficult circumstances for the committee to move this forward. He commented that it took a lot of strength and courage to move it forward. He expressed appreciation for their efforts. He suggested that it was apparent that City Manager Watenpaugh just didn't care what was happening, because everyone had their hand in the kitty. He further suggested that people on staff needed to do some soul searching on what they spent money on and if it was for the City's benefit. He suggested that many things were of no benefit to the City and he would like to see staff evaluate themselves and past behaviors - Page Seventy-One - City Council Minutes - March 22, 2005 and consider giving a check back to the City. He indicated that it would be used for the benefit of the City, not the staff members. He noted that another audit would be very expensive, so he would do an audit on every person, for the last two years and forward it to Council for review. He expressed hopes that staff members would just give some money back. He indicated that there was a need for trust before moving forward. He thanked the sub-committee for moving this item forward and stopping what was going on. He expressed pride in their efforts. Councilman Hickman inquired if this was where the Council should make recommendations or if it should be done later. Mayor Magee indicated that the recommendation was made to go back to the City Manager for a new package in time for the adoption of the new budget. Councilman Hickman questioned if it was time to go through the policies. He addressed the credit cards and noted most people do not have company credit cards. He indicated that he would like to see the elimination of credit cards. He noted an incident he encountered previously with a representative spending $30,000; and indicated since then everyone had to use their own credit cards. He suggested that if someone wanted reimbursement, they would provide the receipts and save on headaches. He recommended that the Treasurer, City Manager and City Council have them if they desired them; and everyone else use their own. He indicated that travel or anything over $400 should come to the Council for approval. He indicated that the City Clerk with a credit card could make the arrangement and education could be worked out. He indicated that he concurred with some of the recommendations. He indicated that the car allowance should be tightened, as not too many people had a car allowance to go to work. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE RECOMMENDATIONS AS PRESENTED. Councilwoman Kelley commented that she would also approve of the recommendations, but requested clarification. She indicated that she was glad the audit was concluded, and had created standards to set up policies. Page Seventy-1\vo - City Council Minutes - March 22, 2005 - She noted the Conrad & Associates findings, and indicated that although the policies and practices were not always followed during the year, they noted no illegal activities, and did not identify any instances of fraud. She noted that they offered improved internal controls, which were used as a springboard for the committee. She indicated that it was time to move ahead for both staff and the City. She clarified that on Item No.2, it would need to be taken up with negotiations. Mayor Magee confirmed. Councilwoman Kelley noted that the City Manager had the new responsibility for drawing up new policies on everything from travel to per diem to petty cash, and inquired if he had a comfort level with that. City Manager Brady confirmed. Councilwoman Kelley indicated that she would support the recommendations and noted that the vote was 5-0 to go out for the audit; and stressed that the entire Council supported it and it was all done. Councilman Hickman addressed the recommendation for Health and Wellness to be abolished immediately and indicated he hoped that was what would come back. He indicated that he thought the committee did a good job. - Mayor Magee noted that ultimately the City Council was responsible for the spending of all public funds, but absent oversight the City Manager's Office became the overseeing authority. He indicated at this point the Council was here to recognize the errors and correct them. He noted that this would require the Council to be more vigilant in their oversight. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE THE FOLLOWING RECOMMENDATIONS: · Due to a lack of proper implementation, the lack of any actual City Council approval, the lack of oversight, and the significant difficulty in the creation of future payment monitoring system, the Sub-Committee recommends that the current Health and Wellness Program be abolished _ Page Seventy-Three - City Council Minutes - March 22, 2005 immediately. Pending a review by legal counsel, the City Council may wish to implement a significantly scaled-back and tightly controlled program that would be available to ALL City employees. . That the City's employee leave policies and procedures be reviewed internally to ensure that accrued leave hours match current policy. It is also recommended that the City consider separating how vacation hours (allowing them to be accrued from year-to-year up to a certain point) and sick/floating/administrative leave hours are calculated. Said sick/administrative/leave hours would not be eligible for accrual and should not be eligible for "buy-out." . That an employee who receives either a City vehicle or an automobile allowance not be eligible for mileage reimbursement. Additionally, that only employees who are consistently required to use an automobile for work purposes be eligible for an auto allowance. Finally, that the City designate one or two "pool cars" for use by employees for City business. . That the City Manager's office draw up a new City travel policy consistent with common practices in the industry and applicable state and federal regulations. Said policy should include a transparent expense tracking system and should disallow certain expense for events reasonably close to the City of Lake Elsinore and/or the home of the employee. The policy should also include specific annual budgeting requirements for City Council and City Treasurer travel. . That the City Manager's office create a new per diem eligibility policy consistent with a new travel policy. . That the City Manager's office create a new petty cash policy consistent with common industry practices, including specifically a "two manager approval" disbursement system, proper tracking, and strict limits on expense eligibility. Page Seventy-Four - City Council Minutes - March 22, 2005 - · That all City credit cards be reduced to a $2,500 credit limit, that the use of said credit cards be consistent with industry practice and state and federal regulations, and that a new reporting/receipt system be created to insure that all expenses are proper. It should be made clear that the new policy shall include certain "type of expenditure" restrictions, such as individual meals and/or stand-alone alcohol purchases. While the City Manager or his/her designee may approve these expenditures, the City Manager's expenses shall be reviewed and approved by the City Council. · That the City not pay for such services and/or products as "On-Star" for City vehicles, political publications ("The Limbaugh Letter"), and other expenses clearly not related to City business. · That staff comply with the requirements of policies that are currently in place and not recommended for change (.i.e. Boot Reimbursement program, Education Reimbursement, etc.). - · Direct staff to return with new policies and procedures in time to incorporate them into the budget process for fiscal year 2005-06. 35. Sale of Real Property located at Silver and Minthorn to the Redevelopment Agency. (F :48.1 )(X: 134.1) City Attorney Leibold noted that the City owns 2.15 acres at Silver and Minthorn, in Redevelopment Agency Project Area No.1. She explained that this item would convey the property to the RDA for the appraised value. She offered to answer any questions. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO FIND THE PROPOSED SALE OF REAL PROPERTY TO THE REDEVELOPMENT AGENCY FOR $468,000 IS IN THE BEST INTERESTS OF THE CITY AND ITS RESIDENTS AND WILL FURTHER THE REDEVELOPMENT AGENCY'S EFFORTS TO IMPLEMENT THE REDEVELOPMENT PLAN; AND - Page Seventy-Five - City Council Minutes - March 22, 2005 AUTHORIZED THE MAYOR TO EXECUTE THE GRANT DEED CONVEYING THE PROPERTY TO THE REDEVELOPMENT AGENCY. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:46 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:53 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Donald Ash indicated that it was against the auditors Code of Ethics to render a legal opinion; to the extent that the audit should be voided. He questioned why the City couldn't take action against people who did something wrong. He stressed that the Council was supposed to protect the taxpayers' money. He indicated that honesty was not a high priority today, and suggested that it was important to take a stand. He indicated that people were taking money they did not deserve to have and stressed wrong things should be addressed, not ignored. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER REPORTS City Treasurer Weber commented on a small package he had presented regarding the former Assistant City Manager. He noted that she took back Health & Page Seventy-Six - City Council Minutes - March 22, 2005 - Wellness Benefits a few days before leaving. He noted that the policy was under review and she should not have authorized the payment to herself. He indicated that he was asking that she voluntarily return the funds; but noted that she might or might not do so. He suggested that she needed to do some soul searching, as it was inappropriate the day prior to her leaving. He expressed hopes that she would see the error in her ways, and let conscience be her guide and cause her to send it back. He indicated that she got paid well for what she did and expressed hopes that she would send a check by March 31 st. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: I) Announced that there was an opportunity to bring a new organization to town; and indicated that she was going to try to move forward with a Boys & Girls Club. She indicated that they were currently in Temecula, Murrieta, Perris and French Valley. She suggested that there was a strong need for the services they provide, and noted that she had toured the facilities in Temecula and discussed the issue with several people who received it well. She noted that several people had offered support to the effort and noted that she would bring it to the budget session on March 29th. She advised that there should be a presentation on the Agenda for Aprillih, and noted that she had been speaking with Kim Cousins at the Chamber of Commerce and he had been working on the same thing; so they would be joining forces. - Mayor Pro Tern Schiffner commented on the following: I) Thanked everyone for attending this meeting. Councilman Hickman commented on the following: 1) Questioned the current elevation of the Lake. Lake & Aquatic - Page Seventy-Seven - City Council Minutes - March 22, 2005 Resources Director Kilroy indicated that it was about 1254.77 or 3" from the spillway. 2) Wished everyone a Happy Easter. 3) Noted an April 6th meeting at the Cultural Center regarding the roads to Orange County. Mayor Magee clarified that the meeting would be April 14th at the Cultural Center. Mayor Magee commented on the following: 1) Announced the following upcoming events: March 26th - Children's Fair & Easter Egg Hunt March 26th - 3rd Anniversary of the Alliance Skate Park April 2nd - Storm/Padres Exposition Game at 2:05 p.m. April 2nd - Household Hazardous Waste Disposal April 3rd - Open Air Market - Downtown April 5th - Open House at the new Computer Center at the Tiny Tots Site April 9th - Canyon Lake Wakeboard Contest at the Inlet Channel 2) Requested that Lake & Aquatic Resources Director Kilroy provide a report on the buoy relocation and water quality status. Mr. Kilroy indicated that staff continues to remove storm debris around the Lake, which is a huge job. He noted that a lot of the debris came from shoreline residents. He indicated that with regard to buoys, a major number had been reset, but there were still some in the high speed zone that needed to be moved. He noted that with regard to water quality he was working with the Water District and Environmental Health, with the last sample last Wednesday. He indicated that the results came back last Thursday and all 10 samples were within acceptable guidelines. Page Seventy-Eight - City Council Minutes - March 22,2005 - 3) Thanked staff for taking care of the public nuisance dock on the Lakeshore Drive side of the Lake, noting that it had been an eyesore. 4) Noted that the Council had approved a temporary road improvement agreement for Nichols Road to Temescal High School for an alternative access during construction of the drainage facilities. He indicated that staff was working on a public education program to notify the public of the detours. 5) Recognized the efforts of the residents of Skylark Drive, noting the difficulty the road presented for emergency vehicles, etc. He explained that the residents requested that Supervisor Buster place a "not a thru street" sign, but the request was ignored so the residents purchased and installed the sign themselves. 6) Recognized Mrs. Hyland's comment about boats on streets, and suggested referring the matter to the Public Safety Advisory Commission for consideration. - 7) Addressed the audio system in the building and concurred that there was a problem. He indicated that he had asked several times and at one time it was tested by Comcast. He indicated that at a bare minimum there was a need for a speaker and cord to the microphone. He noted that meetings had been held in this building for eleven years and the problem had not been resolved. He requested that the problem be resolved. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 ~M. ~~ (JI,~. j GEE, MAYOR - Page Seventy-Nine - City Council Minutes - March 22, 2005 CITY OF LAKE ELSINORE AT ST: ~~CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 10, 2005 *~:~*~~:~****~*~*~*~**~:*~:~*~*~:~*****~~~~*~;**:~*:~***~::~~*~*~~~******~*~ CALL TO ORDER The Regular City Council Meeting was cailed to order by Mayor Magee at 5:46 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFl`?ER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber, City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (1 potential case). City Attorney Leibold announced the Closed Session Discussion as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 12, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5: 10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9 (1 case). (F:40.10(X:52.1) b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - Interim City Manager (Government Code Section 54957). (F:46.1) Page 1\vo - City Council Minutes - April 12, 2005 - City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5: 11 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Magee reconvened the Regular City Council Meeting in public session at 7 :05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Manager Preisendanz. - INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Planning Manager Preisendanz, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. - Page Three - City Council Minutes - April 12, 2005 PRESENTATIONS/CEREMONIALS B. Presentation - Sheriff's Department Awards. (F:127.2) Mayor Magee noted the recent Riverside County Sheriff Department Awards Ceremony, and commented that the award recipients were predominantly from the Lake Elsinore Station. Mayor Magee recognized the following citizens and officers for receipt of the following awards and detailed the events garnering those recognitions. Jonathan D. Dunscomb & Gary M. Foreman (Citizens)- Distinguished Service Awards. Corporal Stephen De La Vara, Deputy Christopher Johnson & Deputy William Wieber - Sheriff's Commendation. Corporal John Leseberg & Deputy William Guimont - Medal of Courage Ms. Candi Pirchner, Sheriff's Posse - Sheriff's Commendation Deputy David Schell- Sheriff's Gold Heart Sergeant Raymond Gayton-Jacobs, Corporal John Leseberg, Corporal William Stens, Deputy Robert McCalmont, Deputy Trevor Montgomery, Deputy Santiago Agcaoili, Deputy Robert Bennion, Deputy Mario Galvan, Deputy Michael Fraker, Deputy Vanessa Keyner, Deputy Jennifer Cole, Deputy Michael Moulton, Deputy Raymond Heirs, Deputy Dayle Long, & Deputy William Young- Medal of Courage Deputy Justino Flores & Deputy Robert K wan - Sheriff's Commendation Page Four - City Council Minutes - April 12, 2005 - A. Proclamation - Crime Victim's Week. (F:122.1) Mayor Magee read and presented the Proclamation to representatives of the Trauma Intervention Program, noting their participation as front line responders for victims of crime and other traumatic events. C. Presentation - Trauma Intervention Program. (F:I08.1) Representatives of TIP provided an overview of the services they provide and detailed the number of hours of services provided annually. They also noted an upcoming fundraising event on June 23rd at Pechanga Casino and encouraged participation. D. Presentation - Boys & Girls Club. (F:I08.1) Chris Olson & Michelle Ariana of the Boys & Girls Club in the TemeculalMurrieta area detailed the activities and services provided by the organization and noted recent interest in the establishment of a facility in Lake Elsinore. They commented on contact with Councilwoman Kelley and other community representatives and were pursuing their opportunities to open such a facility. - E. Presentation - Chamber of Commerce Update. (F:I08.4) Kim Cousins, President, Elsinore Valley Chamber of Commerce, detailed the recent activities of the Chamber of Commerce, including the Golf Tournament on April 9th. He announced the upcoming EDC Lunch on April 21 st and the Chamber Business Mixer on April 28th at the Lake Car Wash. F. Presentation - Miss California Contest. (F:I08.1) Coco Morrison provided an overview of the Miss California Contest, and their upcoming event on April 16th at Elsinore High School. She detailed - Page Five - City Council Minutes - April 12, 2005 the activities and benefits associated with the program. G. Presentation - Update on Railroad Canyon Road. (F: 156.1) City Engineer Seumalo provided an update on Railroad Canyon Road and explained that they were in the process of doing geotechnical surveys to ensure the safety of the slopes and determine appropriate mitigation. CLOSED SESSION REPORT City Attorney Leibold announced that the Closed Session discussions were held as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Community Services Director Sapp detailed the upcoming Slurry Seal program, which would be placing 1,650,000 square feet of pavement in the next two weeks, at a cost of$164,000. He advised that this week work would be done on Collier from Nichols to Highway 74, Collier from Wasson Creek to Spring Street, Lakeshore from Machado to Lake, and Lincoln from Northlake to Grand and Terra Cotta to Northlake. He further advised that next week work would be done on Graham from Lakeshore to Main, Mission Trail from Diamond to Malaga, Lakeshore from Main to Diamond and Lakeshore from Graham to Chaney. Tom Phan, 14451 Red Hill, Tustin, expressed concern with his undeveloped vacant lot and the difficulty in accessing it for weed abatement. He questioned the possible exceptions to the weed abatement process. Mayor Magee referred Mr. Phan to Community Services Director Sapp for assistance. Barbara Anderson, 304 N. Lewis, representing the NAACP, announced the annual Scholarship Banquet on April 23rd from 4 to 6 p.m. at the Diamond Club. She indicated that the tickets were $40 each, with $20 being tax deductible. She noted the menu choices and indicated that a baseball game would be included in the price. She advised that the speaker would be Assemblywoman Karen Bass, and Page Six - City Council Minutes - April 12, 2005 - indicated that further information could be obtained from the flyers or by calling 674-7146. Pat Vesey announced the upcoming Rod Run on May 14th and discussed this year's efforts to promote the event. He anticipated that the event would draw 20,000 to 25,000 participants and noted his past donations to the Historical Society, Downtown Merchants, ROTC and Sheriff's Posse. He requested the Council's support and sponsorship for the event due to the increased costs for this year's event. He invited the Council to attend the event. Mayor Magee questioned the timing for approval of assistance. Mr. Vesey indicated that the next meeting would be fine, as there was still time to prepare for the event. Paula Graver, 117 N. Poe Street, noted that the 2nd Anniversary Support Our Troops Rally was a huge success with 160 people attending, including Senator Hollingsworth, who presented her with a Senate Certificate of Recognition. She presented Mayor Magee with a Certificate of Appreciation for the City Council and the City of Lake Elsinore for their support of the Rallies and the continuing support of the troops in Iraq. - Vida Boice, 17 Ponte Negra, noted information she had provided to the Council and indicated that she wanted to be sure that when police were added, there were enough to properly address the City's needs. She questioned the use of City officers in Wildomar, Lakeland Village and other County areas. Chris Hyland, 15191 Wavecrest, noted a newspaper article regarding law enforcement and suggested that there was a need for five officers, with two being motorcycle officers. She noted that there were already two motorcycle officers doing a great job, but suggested adding two more for adequate coverage. She noted specific traffic concerns on Lakeshore Drive. Don Biery indicated that he was a four month resident of Lake Elsinore, with a background in Parks and Recreation. He noted the rapid growth in Lake Elsinore and stressed the great potential and needs of the area. He questioned when the Council would be creating a Parks & Recreation Commission and how he could - Page Seven - City Council Minutes - April 12, 2005 help. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 21, and 22. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY BUCKLEY TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Mayor Magee inquired if there was an addition to Item No.7. City Manager Brady indicated that there should be a second recommendation to approve $40,000 from the Railroad Canyon Benefit Assessment District to fund this work. Mayor Magee noted that with regard to Item No.3, applications would be accepted for both the Planning Commission and Public Safety Advisory Commission beginning immediately and continuing until June 1st or until ample applications are received. He further noted that he and Councilwoman Kelley would be sitting on the sub-committee to review the applications and make recommendations for appointment to the rest of the Council. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1. The following Minutes were approved: a. Regular City Council Minutes - February 22, 2005. (F:44.4) 2. Rejected and referred to Claims Administrator for handling, the Claim Against the City filed by Susie Mejia (CL#2005-11), and directed the City Clerk to send a letter advising the claimant of this action. (F:52.2) Page Eight - City Council Minutes - April 12, 2005 - 3. Accepted Planning Commission & Public Safety Advisory Commission Resignations & Authorized Staff to Advertise for Applications. (F:60.2)(X:59.6) 4. Approved Lease of new Digital Copiers through Canon Financial Services, Inc with three separate 60 month Municipal Lease Agreements; and approve a service proposal by Temecula Copies with authorization for the City Manager to execute three separate service agreements. (F :68.1) 5. Approved Final Map 28214-2, a residential subdivision by Castle & Cooke Alberhill Ranch, LLC, located at the southeast corner of Alberhill Ranch Road and Lake Street, subject to City Engineer's acceptance; and accepted all dedications and authorized staff to arrange for recordation. (F:160.2) 6. Regarding the Clean-up of former underground storage tanks at 161 South Main Street (corner of Main Street and Sulphur Street) - Closure Report; approved Change Order No.3 in the amount of $41,011 for consultant GEO SEC, Inc., authorized the City Manager to execute the Change Order, and directed staff to provide a work plan, obtain necessary permit for destruction of monitoring wells and submit the final report to the County of Riverside Department of Environmental Health. (F:78.1) - 7. Approved Contract with City and County Soil Engineering and Testing Corporation for Professional Geotechical Engineering Services, and authorized the City Manager to execute the Contract; and approved $40,000 in funding from the Railroad Canyon Benefit Assessment District to accomplish this work. (F:68.1)(X:156.1) 8. Authorized City Manager to enter Professional Services Agreement for Audit Services for the Three Fiscal Years ending June 30, 2005, 2006, and 2007 with Diehl Evans & Company. (F:68.1)(X:24.1) 9. Authorized City Manager to enter Professional Services Agreement for Performance of Impact Fee NEXUS Study & Feasibility analysis. (F:68.1) - Page Nine - City Council Minutes - April 12, 2005 10. Approved Professional Services Agreement for engineering and project management for improvements to Boat Launch Facility with NCI following review and administrative approval of the agreement by the California Department of Boating and Waterways. (F:68.1)(X:92.1) PUBLIC HEARINGS 21. Resolution to vacate a portion of3rd Street. east of Collier Avenue for the Construction of Water and Sewer Pump Station. (F:10.1) Mayor Magee noted that he had requests to speak on this item and requested input from the City Attorney. City Attorney Leibold indicated that the staff recommendation was to continue this item to May 10th. John O'Doherty indicated that he would be happy to have the item continued, noting that he had not met with EVMWD, as he had expected to have done. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MAY 10, 2005. 22. Public Hearing for Consideration of Obiections to the City's Weed Abatement Program. (F:166.1) City Manager Brady indicated that this was the annual process, following the notice to remove, weeds, debris, etc. Mayor Magee opened the public hearing at 8:07 p.m. Vida Boice expressed concern that weed abatement was very much needed and she wanted to make sure the process moved forward and did not meet with too much opposition. Page Ten - City Council Minutes - April 12, 2005 - Kathleen Williams, 24330 Big Bear Road, Corona, indicated that she owned parcel 378-115-0038, which was a 110 foot square, landlocked parcel on a slope. She noted that she attended the public hearing last year and intended to clear the lot. She indicated that she did what she could, but if there was already a lien on her property, she would like to see the paperwork that was filed. She indicated that she would want to see proof of the work, and this year would want to meet the contractor at the lot to watch them perform the work. Councilman Buckley clarified the process, noting that no lien is filed until after the City has cleaned the lots, after the property owner has failed to do so by May 1 st. He stressed that if the City did not do the work, there would be no lien on the property. Mayor Magee closed the public hearing at 8:14 p.m. - 23. Public Hearing on 2005 Justice Assistance Grant. (F:84.8) City Manager Brady highlighted the proposed use of grant funds, noting the types of uses including Holiday Enforcement Program, City Enhancement Program, Off-Road Vehicle Enforcement Program, and Central Business District Patrol Program. He suggested that the Council approve the use of he funds, but allow flexibility in the ultimate distribution of the funds. MOVED BY HICKMAN, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE USE OF THE JUSTICE ASSISTANCE GRANT FUNDS AS PROPOSED. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1145 - Approving Zone Change No. 2004-06. Changing the Zoning from "R-l - Single Family Residential" to "Tuscany Hills Specific Plan". (F:160.2) - Page Eleven - City Council Minutes - April 12, 2005 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1145, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-06, CHANGING THE ZONING FROM "R-l- SINGLE FAMILY RESIDENTIAL" TO "TUSCANY HILLS SPECIFIC PLAN," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 37.12+ ACRES LOCATED WEST OF GREENWALD AVENUE, APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-390-001 THRU -004, -015 AND -016. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1146 - Approving Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3. (F:160.2) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1146, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1146 Page Twelve - City Council Minutes - April 12, 2005 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, LOCATED SOUTH OF GREENWALD AVENUE, NORTH OF THE EXISTING TUSCANY HILLS COMMUNITY, WEST OF THE CANYON LAKE COMMUNITY, AND EAST OF UNDEVELOPED LAND WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019, -021, -024 THRU -029, -034; 349- 290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1147 - Approving Zone Change No 2004- 02. Changing the zoning designation of the property contained within Tentative Parcel Map No. 33056. (F: 110.2) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1147 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004- 02 CHANGING THE ZONING DESIGNATION OF THE PROPERTY - Page Thirteen - City Council Minutes - April 12, 2005 CONTAINED WITHIN TENTATIVE PARCEL MAP NO. 33056 ASSESSOR PARCEL NO(S). 377-120-007 & A PORTION OF 377-120- 008 FROM M-l (LIMITED MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 1148 - Authorizing the Levy of a Special Tax. (F:22.3) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1148 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE Page Fourteen - City Council Minutes - April 12, 2005 - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Industrial Design Review No. 2004-06 - Carl Johnson. Triple J Development. (F:86.2) Planning Manager Preisendanz highlighted the proposed proj ect and detailed the Planning Commission recommendations. Mayor Magee thanked the applicant for his continuing development in the community. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-42 REGARDING FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN; AND APPROVE INDUSTRIAL DESIGN REVIEW NO. 2004-06, BASED ON THE FINDINGS AND ATTACHMENTS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. - RESOLUTION NO. 2005-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. 12004-06 TO BE LOCATED ON PASADENA STREET AND CENTRAL AVENUE -APN 377-140- 019. FINDINGS Multiple Species Habitat Conservation Plan - Page Fifteen - City Council Minutes - April 12, 2005 1. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. According to the Multiple Species Habitat Conservation Plan (MSHCP), "Within identified Narrow Endemic Plant Species survey areas (NEPSSA), site-specific focused surveys for Narrow Endemic Plant Species shall be required for all public and private projects when appropriate habitat is present." Since the Habitat Suitability Assessment Letter Report dated March 2, 2005 found no appropriate habitat for Narrow Endemic Plant Species future focus studies are not required. Conditional Use Permit No. 2004-40 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit for outdoor storage located at APN 377-140-019. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site located. 2. That the proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood of the City. In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed outdoor storage use located at APN 377-140-019 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. That the site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed outdoor storage use located at APN 377-140-019 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate industrial area. Further, the project as proposed, will complement the quality of Page Sixteen - City Council Minutes - April 12, 2005 - existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the storage area has been reviewed to ensure adequate provision of screeningfrom the public rights-ol-way or adjacent properties. 4. That the site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed use located at APN 377-140-019 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed outdoor storage prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at APN 377-140-019 there will be no adverse affect on abutting property on the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse effects on the abutting property. _ 6. Adequate conditions and safeguards pursuant to Sections 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17. 74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the outdoor storage use located at APN 377-140-019 has been scheduledfor consideration and approval of the Planning Commission. Design Review - Industrial Project No. I 2004-06 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Industrial Design Review located at APN 377-140-019 complies with the goals and objectives of the General Plan, in that the approval of these industrial business park will assist in achieving in development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN 377-140-019 is appropriate to the _ Page Seventeen - City Council Minutes - April 12, 2005 site and surrounding developments in that the proposed industrial business park has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN 377-140-019, as been reviewed and conditioned by all applicable City Divisions and Departments and Agencies, and will not have a significant effect on the environmental pursuant to Mitigated Negative Declaration No. 2002-03 adopted by the City Council and the Habitat Assessment Letter Report dated March 2, 2005. 4. Conditions and safeguards pursuant to Section 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 insure development of the property in accordance with the objectives Chapter 17.82. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at APN 377-140- 019 has been scheduledfor consideration and approval of the Planning Commission. (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised.) CONDITIONS OF APPROVAL GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the, Industrial Project which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the Page Eighteen - City Council Minutes - April 12, 2005 - City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PLANNING DIVISION 2. Design Review approval for Industrial Project No. I 2004-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. Conditional Use Permit No. 2004-40 for the industrial complex shall run with the land and shall continue to be valid upon any change of ownership of the site or structure which was the subject of the Conditional Use Permit (CUP) application. The CUP shall also be subject to periodic review by the Community Development Director or designee. The CUP can be revoked at any time, if after reviewed by the Planning Commission it is found that the applicant has not been in compliance with Conditions of Approval. The revocation process shall comply with Section 17.74.110 of the Lake Elsinore Municipal Code (LEMC). - 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that - Page Nineteen - City Council Minutes - April 12, 2005 they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 9. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style ofthe building. 10. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements ofthe LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. The applicant shall construct a 6 foot decorative masonry wall with pilasters along the exterior boundary of the project. 13. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates. If precision block is used, the block shall be painted a color to match the associated building per the review and approval of the Community Development Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped planter is required on each side of the trash enclosure. 15. No exterior roofladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. 17. All exterior downspouts shall be painted to match with building exterior color. 18. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 19. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. Page Twenty - City Council Minutes - April 12, 2005 - 22. 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 Landscape Architectural Consultant and Planning Division. 23. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 24. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 25. Provide a l2-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). PRIOR TO BUILDING/GRADING PERMITS 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. - 27. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six-inch (6") high and six-inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. - Page Twenty-One - City Council Minutes - April 12, 2005 f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include p1antings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 28. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 32. The applicant shall comply with Section 17.78, Noise Control ofthe Lake Elsinore Municipal Code. 33. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit. Page 1\venty-1\vo - City Council Minutes - April 12, 2005 - ENGINEERING DIVISION 34. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 35. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 36. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development as applicable. Revised at the Planning Commission Meeting of March 15, 2005. 37. 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 final map approval. 38. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults _ and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faults or liquefaction zones present. 39. All street improvements along Pasadena Avenue shall be installed and functioning prior to certificate of occupancy. 40. Construct all public works improvements on Pasadena per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 41. Street improvement plans and specifications shall be prepared by a California 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). 42. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 43. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 12" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. _ Page Twenty-Three - City Council Minutes - April 12, 2005 44. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 45. Provide street lighting along the east side of existing Central Avenue and along the frontage along Pasadena Avenue and show lighting improvements as part of street improvement plans as required by the City Engineer. 46. Intersection site distance at the comer of Central Avenue and Pasadena Avenue shall meet the design criteria of the CAL TRANS Design Manual The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 48. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 49. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 50. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 51. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 52. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 53. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay Page 1\venty-Four - City Council Minutes - April 12, 2005 - full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 54. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 55. 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. 56. Provide fire protection facilities as required in writing by the Riverside County Fire Department. _ 57. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 58. The existing catch basin at the end of the Central Avenue cul-de-sac drains directly to ElsiBore ChaflIlel Creek the outflow channel and appears to have a questionable hydraulic grade line. Due to the standing water elevation in EIsiBore Channel the outflow channel, the catch basin outlet pipe was approximately 80% submerged. Standing water in the catch basin was observed to a height that left only approximately 6 inches of the soffit of the outlet pipe for drainage flow. As such, the developer shall include this evaluation as part of the required hydrology and hydraulic study for review and approval by the City Engineer and the Flood Control District, prior to approval of the final map and improvement plans. Revised at the Planning Commission Meeting of March 15, 2005 59. Meet all requirements ofLEMC 15.68 regarding flood plain management. 60. Drainage from the development or partial phase of development of the property shall not exceed the existing natural discharge quantities for the I, 3, 6 and 24-hour duration for the 2, 5 and 10-year frequency storms. The design of the detention basins shall provide for the retention of nuisance flow. Development shall detain the year and duration incremental storm runoff developed increased by means of on-site detention. Detention techniques shall _ Page 1\venty-Five - City Council Minutes - April 12, 2005 include, but not be limited to: Parking lot detention or on-site detention basin or other methods approved by the City Engineer. 61. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 62. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 63. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 64. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 65. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 66. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SV,rppp WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. Revised at the Planning Commission Meeting of March 15, 2005 67. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 68. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. This would include the use of a biofilter swa1e or other BMP techniques. 36. Commercial Design Review No. 2004-13 - Abbacy Holding Corp. (F:58.2) Page 1\venty-Six - City Council Minutes - April 12, 2005 - Planning Manager Preisendanz highlighted this commercial project and detailed the Planning Commission recommendations. Councilman Buckley noted that this building was in the area of Summerhill and Canyon Estates Drive; and clarified that the Council had confirmed that the future 1-15 and Railroad Canyon Road improvements would not impact this building, requiring it to be moved or removed. Mayor Magee noted that this applicant had made substantial contributions in the community and thanked him for his continuing investment in the City of Lake Elsinore. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT 2004-13, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: - FINDINGS - DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 363- 670-004 complies with the goals and objectives of the General Plan, in that the approval of this Retail/Office Building will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 363-670- 004 is appropriate to the site and surrounding developments in that the Retail/Office Building has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. - Page Twenty-Seven - City Council Minutes - April 12, 2005 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 363-670-004, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. 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. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number363-670-004 has been scheduled for consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Parcel 4 Retail/Office Building located at 363-670-004, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The Design Review approval located at Assessor Parcel No. 363-670-004 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. Page 1\venty-Eight - City Council Minutes - April 12, 2005 - 3. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. - 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 8. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 11. No exterior roof ladders shall be permitted. 12. All downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. - Page Twenty-Nine - City Council Minutes - April 12, 2005 13. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. On-site surface drainage shall not cross sidewalks. 16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 18. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 19. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). Page Thirty - City Council Minutes - April 12, 2005 - e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. - j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 20. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 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 provide assurance that all requirements of the Riverside County Fire Department have been met. 23. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. - Page Thirty-One - City Council Minutes - April 12, 2005 ENGINEERING 24. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 25. All conditions of approval of TPM 30832 that have not been met or postponed until this parcel develops shall be complied with. This includes but is not limited to encroachment permit fees and Alquis- Priolo study or statement. 26. At the proposed ingress and egress driveway, adequate sight distance must be provided for exiting vehicles. The existing slope along the frontage and recessed utility vault may restrict sight distance. This may require the slope and utility vault wall to be cut back to provide adequate sit distance. The precise site grading plan shall show a detail, with elevations of the slope and utility wall with respect to the line of site of the exiting vehicle. 27. Provide a minimum 30-foot ingress and egress drive isle to public right-of-way. Drive isle shall be free from conflicts with parking stalls or drive isles unless otherwise approved by City Engineer. Revised per the Planning Commission on March 15, 2005. 28. The landscaped strip along the rear of the property shall have positive drainage towards the parking lot and away from the rear retaining wall in order to assure positive runoff and no seepage behind this retaining wall. The precise site-grading plan shall show elevation on the top of this wall and along the top of the parking lot curb to assure a positive slope. 29. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, but a precise grading site plan prepared and permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before site development begins. 30. The Riverside County Water Quality Management Plan requires a project specific Water Quality Management Plan (WQMP) for developments creating 5,000 SF or more of impervious parking surface. As such, the applicant will be required to prepare a WQMP, unless previously prepared for Tract Map 30832, and install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. The Page Thirty-1\vo - City Council Minutes - April 12, 2005 - plan shall identify pollutants of concern and mitigate in accordance with the Riverside County Water Quality Management Plan. Said plan shall be approved prior to the issuance of a grading or site development permit. 31. This development will be subject to all applicable conditions of approval for Parcel Map 30832 at the appropriate development approval 32. Capital Improvement and Plan Check fees, TIF, TUMF and Area Drainage Fees shall be paid prior to building permit issuance. 33. 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. 34. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 35. Street improvement plans and specifications shall be prepared by a California Registered _ Civil Engineer. Improvements shall be designed and constructed pursuant to the latest edition of the Riverside County Road Department Standards and City Codes (LEMC 12.04 and 16.34). 36. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 37. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMCI2.08, Res.83- 78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 38. The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 39. 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. - Page Thirty-Three - City Council Minutes - April 12, 2005 40. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 41. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 42. The grading for the site shall be designed so storm water runoff will not be allowed to drain through the fueling area, subject to the approval ofthe City Engineer. 43. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 44. Provide fire protection facilities as required in writing by Riverside County Fire Department. 45. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 46. 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. 47. 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. 48. Roof drains shall not be allowed to outlet directly through cuts in the street curb. Roofs drainage shall be directed to a landscaped area prior to entering the drainage system. 49. Education guidelines and BMP's shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Page Thirty-Four - City Council Minutes - April 12, 2005 - 50. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 51. The applicant shall comply with all Comments and/or Conditions of Approval from Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 52. The applicant shall pay park fees of $0.10 per square foot of all interior commercial space. 53. The applicant shall contract with CR&R for all construction debris and removal as per City ordinance. 54. The applicant shall maintain all landscaping and graffiti of exterior walls. - 37. Special Use Agreement for Inlet Channel with California Skier. (F:68.1 )(X:92.1) Lake & Aquatic Resources Director Kilroy explained this item involving the one mile inlet channel, which is ideal for advanced water sports such as tournament skiing and wake boarding. He eXplained that the agreement would be a public/private partnership to administer the channel, including maintaining the slalom courses, selling use passes and promoting the channel as an aquatic park. He advised that the contractor would be providing liability insurance and 25% of all user fees received for the inlet channel to the City. He noted that the City would reserve the right for up to six special events per year in the channel at no additional charge. Councilman Buckley noted that a representative of California Skier was present at the earlier meeting and they will be doing a number of competitions and bring in tourist dollars. He supported the agreement as a good idea. - Page Thirty-Five - City Council Minutes - April 12, 2005 Councilman Hickman inquired if the City had used any of its event days in the past. Lake & Aquatic Resources Director Kilroy indicated that there had been a number of events in conjunction with California Skier, including the pro-wakeboard tour and the Blue Torch Flight World Events, as well as other outside agency events such as jet boat races. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE SPECIAL USE AGREEMENT WITH CALIFORNIA SKIER AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. 38. Reimbursement Agreement with Home Depot U.S.A. (F:68.1) City Engineer Seumalo explained that this agreement was for the cost of engineering and Caltrans permitting for the interim improvements for the interchange at Highway 74 and Interstate 15. He indicated that staff had met with the engineers and were comfortable moving forward with this as a contiguous project. Councilman Hickman noted that this was to help resolve the congestion problem. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE THE REIMBURSEMENT AGREEMENT FOR THE DESIGN AND CALTRANS PERMIT PROCESS OF THE I-15/SR-74 INTERIM IMPROVEMENTS. 39. Annexation Consideration from the Riverside Local A~ency Formation Commission (LAFCO). (F:140.8) City Manager Brady explained the request from LAFCO, noting that it was adjacent to Ramsgate, along Route 74, and covered about 150 acres. Councilman Buckley noted that Centex would be covering the cost of the Page Thirty-Six - City Council Minutes -April 12, 2005 - processing, so it would be done at no cost to the City. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO SUPPORT THE ANNEXATION. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:29 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:37 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, addressed the need for more police. She indicated that she supports more police protection whether it is for 6.5 officers or 2.3 officers. She noted a vehicle theft in which the police did not respond; but commented that she had been lucky when she called for the police. She indicated that it was never possible to have enough police protection, and stressed that the officers put their lives on the line and need back-up protection. She urged the Council to go for more officers and cut back the fat. - Police Chief Fetherolf clarified his recent memo to the City Manager in which he commented that in his opinion the department was operating below the national standard for police officers. He explained that the minimal level of service in a normal community is 1 officer per 1,000 population, and his calculation indicate that there were only about .8 officers per 1,000. He clarified that when he obtained clarification of the formula for the purchase of police service, it came up to the 1.0 per 1,000 figure. He explained that this was a general indicator for any community, and noted that with the projected growth for the next year, he would anticipate the need for two more officers. He stressed that his original figure of five officers was incorrect. He commented that they would always like more officers for additional programs, and noted that they receive 70 to 100 calls for service in every 24 hour period. He clarified the priority system for dispatching, and explained that 114 personnel were deployed from the Lake Elsinore Station, covering the area from Corona to Murrieta and from the Top of the Ortegas to - Page Thirty-Seven - City Council Minutes - April 12, 2005 Perris. He indicated that the City budgeted $5.7 million this year for 35 full time equivalents and with the requested additions that would increase for next year. He stressed that they always kept the City contract full, due to their legal and moral obligations. Mayor Magee clarified that the City was right on target with the industry standard, but needed two additional officers to keep pace. He concurred that the Council would like to have more, but indicated that was their challenge. Councilwoman Kelley inquired if City officers were going to Wildomar. Chief Fetherolf clarified that there were officers for City limits, as well as deputies for the surrounding County areas. He explained that for major calls in the City, everyone would be responding, as would happen in other areas outside the City. He stressed the need to protect the officers and citizens in the community. Councilman Hickman inquired if it was possible to state the preference for a motorcycle over a patrol car. Chief Fetherolf indicated that the Council could buy whatever they desired, but clarified that the motorcycle officers were dedicated officers, for which the City paid a special rate. He stressed that they had to be specifically trained, so the City had to pay more for them. He also noted that the other officers were fully supported in the contract. Chief Fetherolf indicated that his salary was not a part of the contract. Mayor Pro Tern Schiffner asked for an explanation of the concept that City income is derived from the issuance of traffic citations. He questioned where the citation money goes. Chief Fetherolf explained the division of traffic enforcement in the area, with the County areas being deferred to the Highway Patrol. He indicated that in City limits the Sheriff has that responsibility so they put two motor officers in the City for traffic enforcement. He explained that when they write citations, they will typically use State code sections and when possible City code sections. He advised that he was not fully able to comment on the distribution of fines at the State level, but expressed doubt that it would be sufficient to support the officers. Page Thirty-Eight - City Council Minutes - April 12, 2005 - CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Commented that the Officer awards and stories were awesome, and offered Congratulations to all of those recognized. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Pointed out to the City Council, that the City Manager advertisement was included in the Jobs Available for April. - 2) Congratulated all of the officers honored this evening, and noted that it was interesting to hear their stories. Mayor Pro Tern Schiffner commented on the following: 1) Congratulated the officers and commented that he was sure there were a number of other things worth mention. 2) Noted that it was his first meeting without a tie, as his arm was out of service. He apologized for being casual. Councilman Hickman commented on the following: 1) Welcomed the SOS Storage Center on Canyon Estates Road. 2) Noted that he represented the City at the RTA Rodeo obstacle course - - Page Thirty-Nine - City Council Minutes -April 12, 2005 event. He indicated that this was the 4th year of the event. He also indicated that he met Coco Morrison at that event and heard about the Miss Southern California event. 3) Offered kudos to the recognized Police officers. Councilman Buckley commented on the following: 1) Indicated that he was out of town for the annual Mosquito Control function. He noted that the projections were predicting a warm three months which will be perfect for mosquito breeding. He announced that free services including mosquito fish by calling (951) 340-9792 or by contacting them at www.northwestmosquitovector.org. He commented that 55 to 60% of mosquitos carrying West Nile Virus breed in people's back yards. He stressed the need for assistance, and noted that there had been no cases of West Nile Virus, so far, in Lake Elsinore. Mayor Magee commented on the following: 1) Announced a Joint Meeting with R.C.T.C. and O.C.T.A., to be held on April 14th at 6 p.m., regarding alternative routes to Orange County, including the 91 freeway and Highway 74. 2) Announced City-Wide Clean-up Day for City residents only on April 23rd from 7 a.m. to 1 p.m. 3) Indicated that he was humbled to be able to give out awards recognizing the actions of officers and citizens in the community. He commented that it was an honor to be surrounded by them. ADJOURNMENT Page Forty - City Council Minutes - April 12, 2005 - THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:56 P.M. /~~ . ~RT E. M E, MAYOR CITY OF LAK LSINORE ATTEST: .b VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 26, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5: 15 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Govt. Code Section 54956.9 (l potential case). (F:40.l)(X:52.1) b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956.9 (l potential case). (F:40.1)(X:52.1) Page 1\vo - City Council Minutes - April 26, 2005 - c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 32395 Corydon, Lake Elsinore, California (APN 370-120-045) Negotiating Parties: The Bently Foundation and City of Lake Elsinore Under Negotiation: Price and terms of payment (F:40.1)(X:48.1) d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) Property: 108 W. Heald Avenue, Lake Elsinore, California (APN 374-173- 004) Negotiating Parties: Berthhanna Taylor and City of Lake Elsinore Under Negotiation: Price and terms of payment (F:40.1 )(X:48.1) City Attorney Leibold announced the Closed Session discussion items as listed above. - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:16 P.M. The Closed Session discussion was completed at 6:15 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7 :05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Tom Willis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. - Page Three - City Council Minutes - April 26, 2005 ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information/Communications Manager Dennis, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City ClerklHuman Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - California Water Awareness Month. (F:122.1) Mayor Magee read and presented the Proclamation to Phil Williams, representative for EVMWD. Mr. Williams accepted the Proclamation and stressed the value of water and their efforts to preserve water and maintain the water level in the Lake. He further stressed that water is a very precious and expensive commodity. B. Proclamation - Motorcycle Awareness Month. (F:122.1) Mayor Magee read and presented the Proclamation to Russell Howard and other representatives of ABATE. He noted that this group held one of two annual motorcycle events in the community. Mr. Howard indicated that this was their 10th year to hold the regional rally in Lake Elsinore. He thanked Community Services Director Sapp, Recreation & Tourism Manager Fazzio and City Clerk/Human Resources Director Kasad, as well as the City Council for their assistance in holding the event. He stressed that the Page Four - City Council Minutes - April 26, 2005 - cooperation of staff made the event easier to present. He commented that motorcycle riders were not the only ones that needed to be aware when driving and wished everyone a safe ride. C. Proclamation - Mental Health Month. (F:122.l) Mayor Magee read and presented the Proclamation to Dorothy Pappin representing the Riverside County Mental Health Board. Ms. Pappin thanked the City Council for the Proclamation. D. Proclamation - Child Abuse Prevention Month. (F:122.l) Representatives were not able to attend to accept this Proclamation. E. Presentation - Sergeant Stephen Ferguson. (F:56.1) - Mayor Magee presented Sergeant Ferguson with a Certificate of Recognition and commended him for his service in Iraq and service to the United States Marine Corps. Mr. Ferguson thanked the City for this recognition and indicated that he was just doing his job, like other Veterans had done. He commented that he enjoys the opportunity to volunteer and help out. Paula Graver expressed hopes that she could inspire young people like Mr. Ferguson to stay in the Corps. CLOSED SESSION REPORT City Attorney Leibold reported that the Council met in Closed Session on the items as listed on the Agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE J.J. Swanson-O'Neal, 29610 Hague, indicated that she was present to say that she was very interested in having the lights lit on Lakeshore drive. She stressed the level of community support for this effort and the level of support to help make it _ Page Five - City Council Minutes - April 26, 2005 happen. Ron LaPere, 16867 Wells Street, noted that the General Plan revision will take into consideration the historical values in the community. He indicated that there were 14 light standards between Illinois Street and Chaney Street that were still in pretty good shape. He commented that once the figures were known, he would look at the most feasible way to bring power to them, and noted the potential for reduced operational costs. He advised that he would report back on how best to accomplish this task. Donna Morin, representing the Historical Society, indicated that she was present for two reasons. She first thanked the City Council for their graciousness and assistance in getting the Cultural Center basement ready for the Grand Opening of the Museum. She then addressed the lights and noted that this was J.J. Swanson's project and commented that she was sure it would get done one way or another. She thanked the Council for their support. Pierce Patrick, 30300 Dryden, commented that the 12 or 13 people wanting to speak on the street lights helped to stress the importance of the issue. She indicated that the lights would be a focal point, and stressed that many people wanted to help with this effort. Tim Fleming, 17970 Lakeshore, indicated that he was a member of the General Plan Advisory Committee, and noted that they had discussed the vision of Lake Elsinore. He indicated that they saw a return to the City's history, and there was a real City treasure in the light standards. He noted that there were 17 standards on Lakeshore and suggested they were a way to illuminate the City's future. Linda Keeney, 4000 Crestview, addressed the Council on behalf of the Mayor's Prayer Breakfast, and invited everyone to attend on May 5th at 7 :45 a.m. She noted that the event was patterned after the national event in Washington D.C., and would serve as a time of rededication. She noted the keynote speaker and indicated that more information could be obtained by calling 951-678-1159. She advised that tickets for tables of six could be purchased for $100. Page Six - City Council Minutes - April 26, 2005 - Judy Jacobs, 17555 Sunnyslope Avenue, indicated that she was a new resident, who had recently migrated from Orange County. She stressed the history of the area and its future potential. She suggested starting with the lights that were still in position, would be an excellent way to bring civic pride to the community. Mary Bredlau, 17912 Skyline Drive, supported lighting the street lights. She suggested that the funding and refurbishing of the lights would add beauty and ambiance to Lake Elsinore and show where the community had come from. She also suggested that it would provide safety for drivers on Lakeshore Drive. She indicated that she had been told that the future widening of Lake shore Drive was a reason not to proceed with this, but questioned how much planning had been done for a widening project and when it would be widened. She commented that there might be only one opportunity to build on the City's history and heritage, and it was important to preserve artifacts of the City's history. She stressed that this was a community issue. - Tom Willis, 17747 Skyline Drive, addressed the street lights and noted the number of screeching cars he hears on Lakeshore Drive. He reiterated that safety was a good reason to light the lights. He also suggested that this was a good way to attract a higher level of income to the City. Ramon Tamargo, 17747 Skyline Drive, noted that he had submitted a letter on this topic. He commented that Phil Williams posed the question on the value of water and suggested an alternate question on the value of the integrity of having the City admired and escaping the old run-down image. He noted that there were no boarded up homes in their area and stressed that this was more than an issue of Lakeshore Drive, but more of an issue for the community as a whole. He stressed the importance of image for people visiting the community. Charlene Cleary, 15990 Annette, Lake1and Village, commented that the street lights originally went in about 1926 and carried an incredible aesthetic value. She noted that a request last year inspire the Lakeland Village RDA Committee to look at putting similar lights in on Grand Avenue. She stressed the beauty of the lights and the continuity that could be established with the lighting of these lights in _ Page Seven - City Council Minutes - April 26, 2005 combination with the Grand Avenue lights. She commented that even if the roads were widened, lights would still be needed. Paula Graver, 117 N. Poe Street, read an e-mail from a serviceman in Iraq addressing a poll on pulling out troops and the security situation in Iraq. Recreation & Tourism Manager Fazzio, commented on behalf of the Senior Center and noted their ongoing fund-raiser. She indicated that they were selling tickets for a piece of art entitled "The Santa Rosa Plateau". She advised that tickets were $1 per ticket for the May 6th drawing. Mayor Magee commented that the public comments on the street lights had been heard and the Council had asked that this item be added to the unfunded projects list in the budget. He noted that the Council was facing significant budget hurdles, but would do the best they could. Councilman Buckley indicated that the budget was tight, but relighting the lights was an excellent idea for safety and beautification. He noted that eventually Lakeshore Drive might be widened, but it might not. He suggested that this item might be considered a repair project or an RDA project, rather than a capital project. He noted that a number of people had offered to help pay for the proj ect at some level with donations; and expressed hopes that the funds would be found to complete the project. He reiterated that placing it on the list was the first step. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No Comments. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: Page Eight - City Council Minutes - April 26, 2005 - a. Joint Study Session - March 22,2005. (F:44.4) b. Regular City Council Meeting - March 22,2005. c. City Council Study Session - March 29,2005. d. Joint Study Session - April 12, 2005. The following Minutes were received and ordered filed: e. Planning Commission Meeting - AprilS, 2005. (F:60.3) f. Public Safety Advisory Commission Meeting - February 9, 2005. g. Public Safety Advisory Commission Meeting - March 9,2005. (F:59.6) 2. Ratified Warrant List of April 14, 2005. (F:12.3) 3. Rej ected and referred to Claims Administrator for handling, the Claim Against the City submitted by Carolyn Deness (CL#2005-1). (F:52.2) - 4. Authorized staff to purchase an Equipment Trailer from Glenn B. Doming at a cost of$22,179. (F:48.1) 5. Declared two Kodak Ektaprint 90 Copiers as Surplus Scrap and Authorized the City Manager to sign the release forms to transfer equipment for removal and disposal. (F:48.1) 6. Authorized Purchase Order for Digital Conversion of Microfiche Records with Bid America for Phase Two of the Building Division Microfiche records archive. (F:68.1) 7. Approved waiver of the City's bid process and Approved Agreement and Task Order No. 1 for Carp Disposal Services with Martinez Trucking Company in an amount not to exceed $40,000. (F:68.1) 8. Approved Final Map 31983, A Commercial Subdivision by Home Depot USA, Inc., located at the northwest intersection of Interstate 15 and Central Avenue (Highway 74), subject to the City Engineer's acceptance, authorized - Page Nine - City Council Minutes - April 26, 2005 acceptance of all dedications and recordation of the map. (F: 110.2) 9. Approved Final Map 31706-2, A Residential Subdivision by Pardee Homes, located at the northeast of Canyon Hills Road in the Canyon Hills Specific Plan Area, subject to the City Engineer's acceptance, authorized acceptance of all dedications and recordation of the map. (F: 160.2) 10. Approved Final Map 31706-1, A Residential Subdivision by Pardee Homes, located at the northeast of Canyon Hills Road in the Canyon Hills Specific Plan Area, subject to the City Engineer's acceptance, authorized acceptance of all dedications and recordation of the map. (F:160.2) PUBLIC HEARINGS 21. Public Hearing - Resolution No. 2005-43 - Approving the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No.7 (Belcaro ). (F:22.2) Mayor Magee announced that this was the Public Hearing on Agenda Item No. 21, the Annexation of Territory and the Levy of Assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation No.7 (Belcaro). He opened the public hearing at 7:39 p.m. City Attorney Leibold announced that notice of this public hearing had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey highlighted the proposed action. He advised that the Engineer's Report was prepared by Harris & Associates and Mr. Dennis Anderson was present representing the firm, to respond to questions. Mayor Magee requested public testimony. There were no public comments. Page Ten - City Council Minutes - April 26, 2005 - Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired if there were any other property owners subject to the proposed special taxes who wished to file written protests, prior to closure of the public hearing. There were no written protests filed. Mayor Magee closed the public hearing at 7 :40 p.m. Mayor Magee directed the City Clerk to tabulate the ballots and announce if a majority protest had been made. City Clerk/Human Resources Director Kasad reported that no majority protest existed. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY - UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-43: RESOLUTION NO. 2005-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTGRICT NO.1 AS ANNEXATION AREA NO.7 (BELCARO). 22. Public Hearing - Resolution Nos. 2005-44 thru 2005-46 & Ordinance No. 1149 - Determining the Validity of Prior Proceedings Relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement. Fire and Paramedic Services); Calling a Special Election; Canvassing Election Results; Authorizing the Levy of Special Taxes for CFD 2003-1 Annexation Area No. 12 (Belcaro). (F:22.3) - Page Eleven - City Council Minutes - April 26, 2005 Mayor Magee announced that this was the Public Hearing on Agenda Item No. 22, a Resolution Determining the Validity of Prior Proceedings Relating to Annexation of Property into the City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); calling a Special Election; canvassing election results; and Authorizing the Levy of Special Taxes for CFD 2003-1, Annexation Area No. 11 (Alberhill Ranch). He opened the public hearing at 7:41 p.m. City Attorney Leibold announced that notice of this public hearing had been published in accordance with the Mello-Roos Community Facilities Act of 1982, and that proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey highlighted the proposed action. He indicated that the Engineer's Report had been prepared by Harris & Associates and advised that Mr. Dennis Anderson, representing the firm was present to respond to questions. Mayor Magee requested public testimony. There were no public comments. Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired if there were any other property owners subject to the proposed special taxes who wished to file written protests, prior to closure of the public hearing. There were no written protests filed. Mayor Magee closed the public hearing at 7 :43 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-44: RESOLUTION NO. 2005-44 Page lWelve - City Council Minutes - April 26, 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES). MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-45: RESOLUTION NO. 2005-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. - Mayor Magee directed the City Clerk to tabulate the ballots and announce if two-thirds of the ballots cast were in favor of the proposition. City Clerk/Human Resources Director Kasad announced that all votes cast were in favor of the proposed tax. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-46: RESOLUTION NO. 2005-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN - Page Thirteen - City Council Minutes - April 26, 2005 ANNEXATION AREA NO. 12 (BELCARO) ANNEXED TO SAID DISTRICT. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1149 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1149 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 12 BELCARO ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Request for Waiver of F ees- Diane Sandberg - Use of Cultural Center - $880. (F:48.1 )(X:44.1) Mayor Magee noted that the applicant was in the audience. Recreation & Page Fourteen - City Council Minutes - April 26, 2005 - Tourism Manager Fazzio noted that this was an application for use of the Cultural Center for and Eagle Scout Court of Honor Ceremony. She explained that the requested waiver was to cover the rental and cleaning fees; and noted that the applicant had already paid the $500 refundable deposit. Diane Sandberg, Applicant, thanked the City Council for being open to assisting the Boy Scouts in this way. She thanked Lake & Aquatic Resources Director Kilroy for his assistance with the Eagle project suggestions. MOVED BY BUCKLEY, SECONDED BY MAGEE TO WAIVE THE $220 RENTAL FEE. Councilwoman Kelley inquired what Mrs. Sandberg's son had done as an Eagle Scout project. Mrs. Sandberg indicated that he had built two types of - fish hatcheries being a stake bed and a crib, near Four Comers. Councilwoman Kelley noted the benefit of this project and other projects to the community, and expressed appreciation for the benefits they provided. She noted that she was very reluctant to break policy, but noted that policies were currently under review. She stressed the need for a formal policy to prevent a flood of this type of request. She indicated that she would support the request, but was concerned about setting a precedent. Mayor Magee indicated that he was prepared to support the motion; but as stated earlier, he was prepared to write the check to support the City services portion. Councilman Buckley indicated that he would also join in to help cover the other costs, but noted that rental fees are waived for non-profits. Councilman Hickman indicated that he supports this motion, and noted that by sharing the costs he was spending another month of his City Council salary. - Page Fifteen - City Council Minutes - April 26, 2005 Mayor Pro Tern Schiffner commented that City's could not spend funds on things that were not for the City; but noted that these project were of benefit to the City. He indicated that he would also join the other members to offset the costs. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Request for Waiver of Fees - Pat Vesey - P & R Foundation - Lake Elsinore Rod Run - $500. (F:62.1) Recreation & Tourism Manager Fazzio noted that every year this group brings a huge event to town, with last year's event including about 500 cars. She indicated that this event had been going on for five years, and this year they were requesting sponsorship for clean-up costs after the event. She noted that in past years there were huge messes after the event. She advised that they were asking for a $500 sponsorship. Mayor Magee noted that Chamber President Kim Cousins sent him an e- mail this morning in support of this request, noting the benefit of having the event in town. Mr. Vesey indicated that he would use any opportunity to promote the event. He advised that they were right on target with the registration and the first advertisements would appear this Thursday in the Press Enterprise. He invited everyone to attend and vendors to participate. He stressed that this was a community event and welcomed everyone to participate. Councilman Buckley commented that this was more of a City sponsorship, than a waiver of fees. He noted that the City logo was on the event posters, and commented that the event had been very positive for the City, with lots of people coming into the community. He noted that the event would be held on May 14th from 9 a.m. to 4 p.m. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY Page Sixteen - City Council Minutes - April 26, 2005 - UNANIMOUS VOTE TO APPROVE THE REQUEST BY P & R PRODUCTIONS TO BECOME A PRESENTING SPONSOR OF THE LAKE ELSINORE ROD RUN AND PROVIDE ADDITIONAL SERVICES TO THE EVENT. 33. 888 Park Site Alternatives and Funding. (F:114.1) City Manager Brady noted that the City Council had requested that this be listed on the agenda. He explained that this request was initiated over a year ago in cooperation with EVMWD, but it had not moved forward. He advised that the Council had allocated $100,000 for development of the park, and it was the intent of EVMWD to put in a well on one of the two sites. He noted that the Council would consider development of a park on either site, and EVMWD had indicated that it did not matter which site they used for the well. He requested direction from the Council at to which site they would prefer for the park. - Mayor Pro Tern Schiffner noted the earlier discussions. MOVED BY SCHIFFNER TO DIRECT MANAGEMENT TO INVESTIGATE THE COST AND DESIGN OF THE PARK ON THE LARGEST PARCEL OF LAND TO FIT INTO THE ANNUAL BUDGET, LEAVING THE SMALLER PARCEL ALONE FOR NOW. Councilman Hickman noted that there had been discussion of taking the matter off calendar. Mayor Magee clarified that this motion would have staff sharpen their pencil on the estimate and have EVMWD review the smaller site for the well site. COUNCILMAN HICKMAN SECONDED THE FOREGOING MOTION. Councilwoman Kelley indicated that she was excited to see this move - Page Seventeen - City Council Minutes - April 26, 2005 forward. She noted that the original design for the park was over ten years old and suggested it was time to get it built and settle the issues. Councilman Buckley showed a diagram and clarified the location at Lincoln and Terra Cotta. He noted that both properties had been empty for some time. He suggested that if the District uses the site for a well, it should be their obligation to fund the park as well. He indicated that he did not care which parcel they put the well on, but the District should pay for a park. Mayor Pro Tern Schiffner indicated the problem was that the Water District didn't have a definite intention of building for two years, and the City didn't want to wait that long. He suggested that the City couldn't necessarily wait for the Water District to get their ducks in a row. Councilman Buckley reiterated that there were two pieces of property, and both could have parks, if one was paid for by the Water District. He suggested that if the City did one side, the Water District could do the other side in two years. He reiterated that it was City property, and if they built a well, they should also build a park. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:03 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:05 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS No Comments. Page Eighteen - City Council Minutes - April 26, 2005 - CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Buckley commented on the following: - 1) Noted that the Library was tented for pest control, over the weekend, but would open for business during regular hours tomorrow. 2) Announced the Women's Club Bar-be-que and Chili Cook-off on May 21 st. 3) Announced the Mayor's Prayer Breakfast on May 5th. Councilman Hickman commented on the following: 1) Thanked the John Henry Company for their sale in support of the Booster Club. 2) Announced the Mayor's Prayer Breakfast on May 5t\ noting that the tickets are $20 each; and encouraged attendance. 3) Noted the 40th anniversary of the Head Start Program, and indicated that they would be seeking donations. - - Page Nineteen - City Council Minutes - April 26, 2005 4) Encouraged support of the Senior Citizens fund-raiser, with $1 tickets for the art drawing. Mayor Pro Tern Schiffner commented on the following: 1) Clarified his position on the street lights, noting that while he shares the enthusiasm to have them up and running, he has been involved in this type of project before. He noted the potential difficulty and costs in making it happen. He expressed his desire to have the lights lit. Councilwoman Kelley had no comments. Mayor Magee commented on the following: 1) Announced the following upcoming events: May 1 - Open Air Market - 9 a.m. to 3 p.m. May 5 - Mayor's Prayer Breakfast at the Diamond Club May 7 - Household Hazardous Waste Collection Day May 14 - Castle Skateboard League event at the Skateboard Park 2) Reminded the Community to support the Lake Elsinore Storm, noting that they were currently in first place. He noted that the team would appreciate the support. 3) Expressed concern for members of the Fire Department who were involved in a traffic collision. He noted that no one was seriously injured, but wished them a speedy recovery. 4) Requested prayers for the Backer Family, noting a major incident suffered by Darlene Backer leaving her in grave condition. He wished the family all of the strength possible. ADJOURNMENT Page 1\venty - City Council Minutes - April 26, 2005 - THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:10 P.M. tI? () ROBERT E. MA E, MAYOR CITY OF LAKE SINORE ATTEST: ~~2;d, CITY CLERID HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - - MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 10,2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:46 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber, City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: (1 potential case). City Attorney Leibold announced the Closed Session Discussion as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO Page Two - City Council Minutes - May 10, 2005 CLOSED SESSION AT 5:47 P.M. The Closed Session discussion was completed at 6:45 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.I Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communications Manager Dennis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attarney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, City Engineer Seumalo, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS/CEREMONIALS A. Presentation - Riverside County Transnortation Commission. Page Three - City Council Minutes - May 10, 2005 The representative of Riverside County Transportation Commission was not available for presentation. B. Proclamation - Veterans Appreciation Month. The Veteran's Affairs representative was not present, so Mayor Magee requested that every Veteran in the room come forward for recognition. Mayor Magee commended those who had served in the Armed Services and read and presented the Proclamation, recognizing each Veteran. C. Proclamation - Older Americans Month. Mayor Magee called Paul Gluck forward for presentation, noting his parents teaching of respect for elders. Mayar Magee read and presented the Proclamation to Mr. Gluck. Mr. Gluck expressed appreciation for this recognition, on behalf of the Senior Center, and invited more Seniors to participate in the activities at the Center. D. Proclamation - National Public Works Week. Mayor Magee called Community Services Director Sapp forward for presentation, noting that he runs the largest department in the City, which includes Public Works. Mayor read and presented the Proclamation to Mr. Sapp. Community Services Director Sapp accepted the Proclamation on behalf of his staff in the field, noting he would pit his workers against those in any other City. He indicated that he was proud to have them under his supervision. E. Proclamation - Peace Officers Memorial Dav and Police Week. Mayor Magee called Chief Fetherolf and Detective Cordova forward for presentation, noting that they were two very special officers being the Chief and a permanent fixture at City Council Meetings. Mayor Magee read and presented therri with the Proclamation. Chief Fetherolf noted May 15`h was National Peace Officers Memorial Day, which honors officers who have Page Four - City Council Minutes - May 10, 2005 given their lives in the line of duty, and accepted the Proclamation on their behal£ F. Presentation - Chamber of Commerce Undate. Kim Cousins, President, Chamber of Commerce, announced the upcoming EDC Luncheon on May 19th at the Diamond Club. He also announced the Business Mixer at the Lake Elsinore Outlets on May 26`h at 5:30 p.m. He then provided an update on the newly formed Legislative Council, with members from the Lake Elsinore, Temecula and Murrieta Chambers of Commerce. He noted that they had launched an interactive website, to engage Chamber members, which was located at www.southwestcaliforniaadvocacv.biz. He indicated that they would also provide members with legislative alerts on impartant advocacy issues, as well as tracking legislators and providing voting records. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council discussed the one item as listed on agenda, with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Phyllis Atadaro, 29180 Outrigger, indicated that she was present because of information regarding talcing trees down along Lake street from the freeway. She commented that those trees and the drive into the area, attracted her into Lake Elsinore, and the though of destroying them to build houses was unthinkable. She indicated that she had noting against putting in houses or four lanes of traffic, but suggested leaving the trees down the center of the street. She stressed that the trees were planted years ago, and indicated that she could not understand the value in destroying them. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those Page Five - City Council Minutes - May 10, 2005 discussions: Item Nos. 11, 21, 32 and 33. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 11. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED, WITH MODIFICATIONS TO ITEM 10 AS DISCUSSED AT THE EARLIER MEETIN~ 1. The following Minutes were approved: A. Regular City Council Meeting - April 12, 2005. B. Joint Study Session - Apri126, 2005. C. Regular City Council Meeting - Apri126, 2005. The following Minutes were received and ordered filed: D. Planning Commission Minutes - April 19, 2005. 2. Ratified Warrant List for Apri128, 2005. 3. Received and ordered filed the Investment Report for March, 2005. 4. Claim Against the City - Wayne Romanski, Sr. & Sherrie Lynn Romanski (CL#2005-15). 5. Award of Contract - LED Traffic Signal Modules - Western Pacific Signal - $43,133. Page Six - City Council Minutes - May 10, 2005 6. Award of Contract - Battery Back-up System for Traffic Signals - Steiny & Company - $73,065. 7. Fee Deposit and Reimbursement Agreement with Castle & Cooke Alberhill Ranch, LLC. 8. Fee Deposit and Reimbursement Agreement with Elsinore Lakeview Villas, LLC. 9. Fee Deposit and Reimbursement Agreement with Wasson Canyon Investments, LP. 10. Granted Extension of Time for Tentative Parcel Map No. 30302 - GW Commerciai 87, based on the following Findings and subject to the foliowing Conditions of Approval. Findints 1. The proposed Extension of Time for the subdivision known as Tentative Parcel Map 30302 (project) is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan. The project as designed assists in achieving the development of a well-balanced and fi~nctional mix of residential, commercial, industrial, open space, recreational and institutional land by encouraging the development of commercial lnnd uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 2. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies anct will not therefore result in any significant environmental impacts. Conditious of Approval PLANNING DIVISION Tentative Parcel Map No. 30302 will expire two (2) years from March 25, 2005 unless Page Seven - City Council Minutes - May 10, 2005 within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. Tentative Parcel Map No. 30302 will expire on March 25, 2007. 2. Tentative Parcel Map No. 30302 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipa] Code, Title 16 unless modified by approved Conditions of Approval. Approval of this subdivision is subject to the mitigations measures listed within the Mitigated Negative Declaration NO. 2002-04. 4. The applicant shall defend (with counsel acceptable to the City); indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No30302, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Parcel Map approval. 6. Prior to final map approval of Tentative Parcel Map No.30302, the improvements specified herein and recommended approved by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 7. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinare. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance oFbuilding permits. 10. Pay all applicable park fees in force at time of issuance of building permits. Page Eight - City Council Minutes - May 10, 2005 11. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 12. Meet all requirements of the providing electric utility company. 13. Meet all requirements of the providing gas utility company. 14. Meet all requirements of the providing telephone utility company. 15. The applicant shall comply with all requirements of the Riverside County Fire Department. 16. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. 17. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. 18. Prior to building permit the applicant shall submit a Sign Program for the entire complex. This Program shall include size, location, and color restricts for each building. The program shall include size, location and color for any monument signs. 19. An Environmental Constraint Sheet shall be attached to and reviewed as pat of the Final Map process. The Environmental Constrain Sheet shall note that Parcels 7, 8, 9 and 10 are to be avoided until replacement habitat is found at a minimum ratio of 1:1 per the requirement of the Department of Fish and Game. The owners may seek approval of alternate mitigation from U.S. Fish & Game and the City of Lake Elsinore if the existing environmentally impacted situation (heron rookery) changes. 20. The applicant shall record a CC&R that provides for irrevocable reciprocal ~xg, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enfarce standards of building maintenance and participation in landscape maintenance. The CC&R shall be approved by the Community Development Director prior to building permit. ENGINEERING DIVISION 21. Location of inlet and outlet structures of drainage system including detention basin shall be included on the improvement plans. Information shall be supported with technical calculations. Page Nine - City Council Minutes - May 10, 2005 22. Applicant shall provide for transitions between existing and proposed improvements along Central Avenue. 23. Dedicate and improve Cambern Avenue for a width of 50-foot right-of-way from the centerline to the project property line. Street improvements shall require a 20-foot width from the centerline towards the projecYs property line. 24. Dedication for the extension of Crane and Allen Street shall be shown on all maps. Both streets are required to be 40-feet of street cross section on 60-feet ofright-of-way. 25. Provide for reciprocal access between parcels. On site circulation shall be approved by the City Engineer. 26. Access to Central Avenue shall be restricted. 27. Driveway with respect to Central Avenue shall be located to align with the extension of Allen Street. 28. Show that the site is not within the 100-year flood plane. All building finished floors impacted by the 100-year flood plane shall be graded to 1-foot above the 100-yeaz flood plane elevation. In the event the building pads are within the 100-year flood plane, a LOMR- F shall be processed through FEMA. 29. All onsite drainage will be required to drain to the public right of way via surface flow or storm drain system. Off site drainage will need to be conveyed through the site and outlet in a manner consistent with historic flow. 30. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 31. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 32. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 33. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 34. Construct all public works improvements per approved street plans (LEMC 12.04). Plans Page Ten - City Council Minutes - May 10, 2005 must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 35. Street improvement plans and specifications shall be prepared by a Cali£ 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). 36. Applicant shall construct public improvements or enter into an agreement with the City for the construction oFpublic works improvements and shall post the appropriate bonds prior to final map approval. 37. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83- 78). 38. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8%x" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 39. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approvaL 40. 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. 41. Provide fire protection facilities as required in writing by Riverside County Fire. 42. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 43. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 44. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 45. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. Page Eleven - City Council Minutes - May 10, 2005 46. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 47. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 48. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 49. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 50. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 51. Individual lot 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. 52. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 53. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 54. Meet all requirements of LEMC 15.68 regarding floodplain management. 55. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 56. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 57. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 58. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the Page Twelve - City Council Minutes - May 10, 2005 drain system, the wording and stencil shall be approved by the City Engineer. 59.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 60. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 61. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board far the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 63. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals oF the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 64. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 65. Parking lot and roof runoff must go through a Filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 66. Applicant shall cause to be recorded a CC&R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 67. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of conshuction. Page Thirteen - City Council Minutes - May 10, 2005 68. Applicant shall pay all applicable development impact fees including (without limitation) TIF, TUMF, and MSHCP fees. 12. Approved Memorandum of Understanding for Joint Monitoring of Emergency Ambulance Services. TTEMS PULLED FROM THE CONSENT CALENDAR 11. Machado Street Pavement Rehabilitation between Lincoln Street and Grand Avenue. City Manager Brady indicated that this was for the pavement rehabilitation on Machado Street, as had been requested for a while. City Engineer Seumalo indicated this item was an increase in the budget, but actually it was bringing the item forward that was budgeted for the next fiscal year. Chris Hyland, 15192 Wavecrest, commented on her first amendment rights and indicated that she was delighted that this street was being paved. She noted that while she was pleased about the paving, she was concerned for the kids at the new high school. She noted concerns when construction began and stressed the dangers of Riverside Drive and Machado Street. She commented that the kids would jump over the gates to access Machado Street, rather than going around, and stressed the danger of speeding vehicles on Machado. She indicated that there needed to be some adjustment in the speed limit and possibly more enforcement in the area. She expressed concern that kids would get killed and stressed that the vehicles were going 50 to 60 mph on Machado. She indicated that Grand Avemie also needed to be paved and there needed to be an adjustment with the parking on the street. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE BUDGET INCREASE FOR 2004/2005 OF $65,000 FROM THE TIP FUNDS ALREADY BUDGETED FOR THIS PROJECT IN FISCAL YEAR 2005/2006. Page Fourteen - City Council Minutes - May 10, 2005 PUBLIC HEARINGS 21. Vacation of 3`d Street - Continued from April 12, 2005. Mayor Magee noted that the recommendation was to continue this item to May 24`n MOVED BY BUCKLEY, SECONDED $Y KELLEY TO CONTINUE THIS TTEM TO MAY 24, 2005. Mayor Magee noted that he had requests to speak on the item, and inquired if the Council wished to take testimony. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSTAININ~ John O'Dougherty commented that about two weeks ago there was a meeting at EVMWD regarding the purchase of 3rd Street. He noted that the matter was a surprise to him, as when he met with representatives of EVMWD, he inquired of Mr. Miller why he did not endeavor to purchase a piece of property for the pump station. He answered why purchase a site, when we can have the street for nothing. He suggested that this was a late stage in the process to be proposing the purchase of the property from the City. He indicated that after that meeting, he drove by the site and found a contractor on the site commencing construction of the project. He suggested that there was a huge contradiction that did not make sense. He noted that the first time the City Council continued this item was to give Centex and EVMWD the oppartunity to sit down with him and discuss options and solutions. He indicated that he had never had contact with EVMWD or Centex regarding a solution to the situation, but he did forward some options that were not entertained. He noted that he still had further options that would resolve the issue, and commented that he talked with the Contractor and the matter came up at the Water Board that this project must go forward to put the pipe under the freeway; as going back to Caltrans for approval would talce two years. He indicated that he does not have a Page Fifteen - City Council Minutes - May 10, 2005 problem with the pipeline going under the freeway, but suggested that there must be a better solution than putting the pump station on Third Street. He advised that another aspect was a storm water culvert under the freeway, and running onto his property. He proposed running it down Third Street, but they indicated with the pump station, that was not possible. He indicated hat his final point was that while there were grandfathered rights for storm water on the property, there were not grandfathered rights for large development to put additional storm water on his property. He commented that this was a huge problem that he would fight to the bitter end. He indicated that the design was wrong, but there were some solutions to it, and offered a copy of his proposal. Cheryl ICirkpatrick, 92 Argonaut, Ste. 215, Aliso Viejo, invited City Engineer Seumalo and Water District representatives to loolc over the alternate plan. She noted that they were initially happy with the continuance, but they had never been contacted, as intended. She expressed hopes that someone would review their alternative, as it was a valid alternative. Harvey Ryan, representing EVMWD, indicated that he was requesting a continuance, which has been done. Mayor Magee requested a copy of materials be provided to the City Engineer to share with the Council. City Attomey Leibold noted that the work being conducted at this time was pursuant to an encroachment permit and is not beyond the scope of such a permit. 22. Tentative Parcel Map No. 32911 "for Condominium Purposes" and Industrial Project No. 2004-07 - Collier Avenue Business Park. City Manager Brady highlighted the proposed project, and detailed the location. He noted that during the agenda review, there was a concern with the design of the structure and additional photos were provided, as well as a Page Sixteen - City Council Minutes - May 10, 2005 recommendation far larger trees to be added. Mayor Magee opened the public hearing at 7:38 p.m., asking those persons interested in this item to speak. There were no public comments. Councilman Buckley noted the issue of mature landscaping was important; and requested a new condition of approval for 48" box trees. Mayar Magee closed the public hearing at 7:41 p.m. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP 329ll "FOR CONDOMINIUM PURPOSES"; AND APPROVE DESIGN REVIEW NO. I 2004-07, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findines 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, wiZl provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Page Seventeen - City Council Minutes - May 10, 2005 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold hannless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, ar proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at Assessor Parcel Number 378-030-014, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, ar hold harmless the City. TENTATIVE PARCEL MAP NO. 329ll "FOR CONDOMINIUM PURPOSES" 2. The Tentative Parcel Map No. 329ll "For Condominium Purposes" will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 3. Prior to the recordation of a final map, a lighting plan shall be submitted to the Planning Division for review and approval. Night lighting shall be directed away from the MSHCP Conservation Area. Shielding shall be incorporated in the project design to ensure ambient lighting in the MSHCP Conservation Area is not increased. These requirements shall be incorporated into the lighting improvement plan submitted to the Engineering Division. 4. The Tentative Parcel Map No. 32911 "For Condominium Purposes" shall comply with the State oF California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Page Eighteen - City Council Minutes - May 10, 2005 Conditions of Approval. 5. Prior to final certificate of occupancy of Tentative Parcel Map No. 32911 "For Condominium Purposes", the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, loading and unloading zones, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 7. No lot or unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 8. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. INDUSTRIAL DESIGN REVIEW NO. 2004-07 9. Design review approval for Indush-ial Project No. 2004-07 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) Page Nineteen - City Council Minutes - May 10, 2005 month prior to expiration. 10. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 11. Manufactured slopes associated with the proposed site development shall not extend into the MSHCP Conservation Area. The final grading plan shall be submitted to the Plauving Division for approval. 12. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plan or building elevarions shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 13. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 14. Trash enclosures shall be conshucted per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 15. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 16. All roof motuited or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 17. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20') and Type `B' loading zones (12' x 40'). 18. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. Page Twenty - City Council Minutes - May 10, 2005 12. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 13. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior colar of the building as approved by the Community Development Director or Designee. 14. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 15. All building signage shall comply with the Sign Program submitted to the Planning Division. 16. No outdoor storage of any materials/merchandise is permitted with this application. All outdoor storage shall be subject to the approval of a Conditional Use Permit pursuant to Chapter 17.74 (Conditional Use Permits) and Chapter 17.54 (Commercial Manufacturing District) Section 17.54.040(A) (Outdoar Storage). 17. Al1 drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 18. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 19. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 20. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 21. No exterior roof ladders shall be permitted. 22. All service and loading doors shall be painted to match the building. 23. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 24. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an"Aclrnowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Page Ttventy-One - City Council Minutes - May 10, 2005 25. Prior to grading permit, a final Landscaping Plan shall be submitted to the Planning Division for review and approval. The plant palate shall avoid the list of invasive plant species identified in the MSHCP as those species to be avoided adjacent to the MSHCP Conservation Area (MSHCP Final in Volume 1, Section 6 in Table 6.2 on Page6-44 through 6-46). 26. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shal] be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping Page Twenty-T~vo - City Council Minutes - May 10, 2005 bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community l~evelopment Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 27. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 28. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permiYs, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 32. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERINC 33. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinare Municipal Code (LEMC) prior to building permit. 34. Submif 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 far a building permit. 35. Arrangements far relocation of utility company facilities (power poles, vaults, etc.) out of Page Twenty-Three - CiTy Council Minutes - May 10, 2005 the roadway or alley shall be the responsibility of the property owner or his agent. 36. Provide Fire protection facilities as required in writing by Riverside County Fire. 37. Provide approval of construction activity within the wetlands from the Fish and Games and Corp of Engineers. 38. In accardance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 39. Dedicate a seven (7) foot wide strip of additional street right-of-way along the northerly property line to the City for a total of 50 feet of right of way measured from centerline of Collier Ave. prior to issuance of building permit. 40. Provide a seventeen foot (17') slope easement along the northerly property line for future street alignment of Collier Ave. prior to issuance of building permit (Res. 87-64). 41. Provide easement agreement for ingress and aggress through adjacent properties. 42. Public right-of-way dedications and easement 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. 43. The developer shall furnish a signing and striping plan for median, including a stripped left turn pocket, subject to the approval of the City Traffic Engineer. 44. The driveway aisles shall be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on-site storage for entering vehicles. 45. Street improvement plans and specifications shall be prepared by a Cali£ Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). Street improvement plans shall show existing and future profiles at centerline of street and at top of curb, as well as grading contours to 50' beyond the property limits. 46. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. Page Ttventy-Four - City Council Minutes - May 10, 2005 47. Work done under an encroachxnent permit for off-site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to issuance of building permits. 48. 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. 49. 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. 50. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 51. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 52. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 53. Provide soils, geology and seismic report, including recommendations for parameters for seismic design ofbuildings, and walls. 54. An Alquisit-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard 55. Site development along the wetlands will require special grading and erosion control requirements (LEMC Title 15) 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. Page Ttventy-Five - City Council Minutes - May 10, 2005 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. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of grading permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 59. The developer shall incorporate into the project plans combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified far the project, as required by NPDES requirements for industrial and commercial projects within the San Jacinto, and Santa Ana River Watersheds. These new requirements all for on-site Water Quality Management Practices (WQMP's). On- site Filters specialized in removing specific pollutants from your site must be in place to filter runoffs prior to entering any city storm drain facility. 60. The developer shall incorporate into the CC&R of the industrial condominium specific requirements and funds far periodic maintenance and/or replacement of the BMP system by the Property Owners Association as required by manufacturer, and accepted by the City Engineer. 6L The developer must submit a conditional letter of map revision (CLOMR) to FEMA prior to issuance of building permits. A letter of map revision (LOMR) must be approved from FEMA prior to occupancy. 62. Meet all requirements of LEMC 15.68 regarding floodplain management. Finish floor elevation of all buildings shall be a minimum 1-foot above the 100-year flood elevation as shown on the applicable FEMA FIRM maps. Any fill placed in the 100-year flood plane for the purposes of elevating the building floor out of the flood plane shall require a LOMR-F to be processed with FEMA. 63. The developer to provide FEMA elevation certificates prior to issuance of certificate of occupancies. 64. Developer shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP that will be implemented far the development and including maintenance responsibilities. 65. Developer shall obtain approval from Santa Ana Regional Water Quality Control Board Page Twenty-Six - City Council Minutes - May 10, 2005 for their storm water pollution prevention plan including approval oF erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post conshuction which describes BMP that will be implemented far the development and including maintenance responsibilities. 66. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67. Pay all Capital Improvement and Plan Check fees (LEMC 1634). The Traffic Impact Mitigation fee is $0.71 per square foot of buildings, and the drainage fee is $7,120 per acre (Arroyo Del Toro District) and the TLTMF amount is $0.46 per square foot of building until June 30, 2005, School Developer Fee is $036 per square foot of building and Park Capital Improvement Fund fee is $0.10 per square foot. 68. The City of Lake Elsinore has adopted ordinances far stormwater management and discharge controL In accordance with state and federal law, these loca] sormwater ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non-stormwater discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Stormwater Pollution, What You Should Know" describing preventing measures are available at City Ha1L PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system or waterways - without Regional Water Quality Control Board permit or waver - is strictly prohibited by local ordinances and state and federal laws. 23. Creation of a New M-3 "Mineral Resources and Related Manufacturin~" Zonin~ District - Ordinance No. 1150. City Manager Brady detailed the proposed new zone to be added to the Municipal Code, noting that it would address the properties that mine various resources. He noted that the zone was specific to a parcel size or area of 300 acres in size. He explained that this was a City-wide zoning designation and related to consideration of new annexations into the City. Mayor Magee opened the public hearing at 7:42 p.m., asking those persons Page Twenty-Seven - City Council Minutes - May 10, 2005 interested in this item to speak. There were no public comments. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1150, UPON FIRST READING BY TITLE ONLY, WITH THE CHANGES AS DISCUSSED FOR THE REQUIREMENT OF A BUILDING PERMIT FOR ACCESSORY USES, THE RESTRICTION OF WHOLESALE AND RESALES, THE REQUIREMENT FOR A PERMIT FOR BLASTING AND ITEMS D AND E AS CONDITIONAL USES. Councilman Buckley suggested that the permits should be issued per blast. Mayor Magee indicated that staff would regulate the dates and times for a number of events over a specified time period. He noted that it would also include a requirement to notify adjacent property owners. City Attorney Leibold clarified the blasting activity, noting that there would be an administratively issued permit. She questioned if this should be an administrative permit or if it should require Planning Commission approval. Mayor Magee indicated that the intent was to have an administrative permit, rather than requiring Planning Commission action. City Attorney Leibold indicated that the proposed language, notwithstanding the permit would be issued by the Director of Community Development. Hardy Strozier, representing Pacific Clay, indicated that they were satisfied with the Ordinance, as proposed, but requested clarification of the proposed changes, particularly relating to the sale of material. Mayor Magee clarified that the sale of resources produced on site were allowed. Mr. Strozier noted their application for the Pacific Clay annexation and noted that they currently manufacture ceramic items on site, but also bring in other materials they bring on site from other producers that are sold, such as materials used in construction and landscaping. He questioned the possibility of sitting down to clarify the language between now and the second reading. Mayor Magee noted that in the case mentioned there would be a requirement for a Conditional Use Pernut. City Attorney Leibold noted the language as presented, which aliowed materials as produced on site, but indicated that Page Ttventy-Eight - City Council Minutes - May 10, 2005 the notion had always been wholesale or retail products produced on site. Mr. Strozier further questioned products not produced on site, and gave a theoretical situation of material brought from off-site, and suggested the ability to be grandfathered in. Mayor Magee suggested that it might be a pre-existing non-conforming use. City Attorney Leibold confirmed that it could be part of the annexation application. Mr. Stozier quesrioned the other areas that were modified. Mayor Magee indicated that it involved permits for blasting. Mr. Strozier indicated that they had no problem with that. Mayor Pro Tem Schiffner questioned whether they could include other products customarily used in conjunction with those on-site. Mayor Magee questioned where it would be appropriate to draw the line, and suggested that by limiting it to products manufactured on site, the Council and Planning Commission would get to make the determination on what is appropriate. He noted that this was a City-wide ordinance, and not an application from Pacific Clay, although they wiil be the most directly impacted. City Attomey Leibold concurred with Mayor Magee, that with production on site, it would be easier to determine compliance, and allow for ease of enforcement. ORDINANCE NO. 1150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE ADOPTION OF A NEW "M-3" MINERAL RESOURCES AND RELATED MANUFACTURING DISTRICT AND AMENDING THE CITY OF LAKE ELSINORE MUNICIPAL CODE BY ADDING CHAPTER 17.61. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE Page 'Itventy-Nine - City Council Minutes - May 10, 2005 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1149 - Annexation No. 12 (Belcaro) to Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services). MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1149, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1149 AN ORDINANCE QF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1(LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 12 (BELCARO) ANNEXED TO SAID DISTRICT. UPpN THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page Thirty - City Councii Minutes - May 10, 2005 32. Waiver of Denosit to Lake Mana~ement Fund. City Attomey Leibold noted that the City Council, the Redevelopment Agency and EVMWD entered an agreement which provides that each year the City and EVMWD will deposit $650,000 into the Lake Management Fund. She explained that informal discussions had been held to consider allowing each party to waive that requirement. She advised that this was consideration of that waiver and EVMWD would also have to agree to the waiver. Ron LaPere, 16867 Wells, commented that as this was the beginning of a very fruitful arrangement with EVMWD, he would ask that the Council use caution in this area, in spite of the abundance of water at this time. He stressed the importance of moving with caution, and suggested requiring only a portion of the fee be paid. Harvey Ryan, representing EVMWD, indicated that they appreciated the consideration for the waiver of funds for the Lake Management Fund, but he was not sure he was in favor of amending the agreement, but possibly some other alternative. He noted that they would be discussing the matter in upcoming meetings to determine which direction to take. Councilman Hickman noted that this was only consideration for one year, and indicated that was moving with caution. He compared the City to a small business and concurred with the need to move with caution. He indicated that he didn't want to go over one year, but it would help with the budget this year. MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE A ONE YEAR WAIVER AND AUTHORIZE STAFF TO INITIATE NEGOTIATIONS TO AMEND THE AGREEMENT TO CREATE A SYSTEM OF FUTURE WAIVERS TIED TO THE LAKE LEVEL, OR A PAY BACK. Councilwoman Kelley indicated that she was happy to see that motion, and agreed that it was important to move forward with caution, but honor the Page Thirty-One - City Council Minutes - May 10, 2005 agreement. She indicated that she agreed with the motion and concurred with the need to limit how often such a waiver could be made. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Animal Shelter Options. City Manager Brady explained this item was to allow for consideration of options, in contrast to the JPA for development of a facility. He noted that it included a proposed budget for operation of a facility, if the City was to operate on its own. Community Services Director Sapp noted the options for consideration, and explained that staff was requested to do more research and provide concrete figures for consideration. He noted the options included participation in the JPA with other cities, based on the number of animals turned in, for a cost of $523,000 per year. He indicated that the other options included the City being in the business for annual operation costs of $368,000 per year and large capital costs of about $368,000 for offices, kennels, vehicles, etc. He noted that no site was identified in the materials. He suggested that staff could come baclc with specific sites and costs for consideration. Tim Fleming, 17970 Lakeshore, indicated that he is an 11 year resident who has called on animal control, and commented that he would find it hard to imagine replacing Animai Friends. He noted that there was already one substandard shelter and questioned why anyone would want to build another one. He expressed support for the new shelter. Kris Anderson, President, Animal Friends of the Valleys, noted a two page list of things they provide as an animal control service. She suggested that based on the information provided, there were a lot of discrepancies. She invited the Council and staff to come out and see the true picture of Animal Control. She invited staff to ride with an Animal Control Officer for a day. She clarified the need to fee and care for the animals 24 hours a day, seven days a week. She noted the upcoming JPA meeting and indicated that there would be the ability to discuss the plans with the architect. She noted that Page Thirty-Two - City Council Minutes - May 10, 2005 they were currently working on a shelter in Silicon Valley. She stressed if the City goes on it own with animal control, it was not possible to house dogs and cats together, and noted that there was only one trailer proposed for animals. She suggested that three trailers and appropriate staffbe considered. Dixie Schleiger, representing the Board of Animal Friends of the Valley, stressed that it all came down to the level of service provided to the residents and how well disease is controlled. She noted that the plans show one 12 x 40 kennel, a quarantine area with 8 kennels, and a 12 x 40 office with one secretary. She noted the things that would be handled by the secretary. She noted the need for an isolation area, and stressed the importance of investigating what is involved. She further noted the requirements for holding strays and the number of dogs and cats brought in each month. She questioned how the additional animals would be housed, such as exotics and other animals. She stressed the level of services that needed to be provided. Councilwoman Kelley commented that it was obvious today, that there was not enough information before them, and noted that staff had requested that the item be pulled. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO PULL THE ITEM. Councilman Buckley indicated the proposal from staff was disappointing, undersized, had no on site vet and no budget for food. He advised that he was opposed to the proposal. He noted that on the County contract option, it would be pointless to pay all the costs and have no control over it. He commented that the operations were cheaper with Animal Friends than a City operation. He suggested the possibility of an Animal Rescue Fee (ARF) to assist with the capital costs, and indicated that the JPA would do everything possible to keep the cost down. He noted that years ago it would have been much less expensive, but noted that when this facility is built, some parts have to be up to hospitai standards. He reiterated that the JPA meeting would be held next week to go over some of the details, but he did Page Thirty-Three - City Council Minutes - May 10, 2005 not see the point of continuing this discussion. Mayor Magee indicated that he would like to continue this discussion, and expressed his concerns to staf£ He commented that he thought that there was a need for the JPA to take a few more steps and get tighter figures and funding mechanisms. He suggested that staff needed to firm up this proposal for an apples to apples comparison. He expressed concern with the costs and indicated that he would like the matter continued to the second meeting in July to give the JPA time to firm up numbers and all Community Services Director Sapp to develop a tighter proposal for the City. He stressed the need to be sure that all remedies have been exhausted. Councilman Buckley commented that Animal Friends had a long working relationship with the City and was less expensive. He noted that they control the land on Mission Trail and are looking at $2 million in donations to a facility they will own, whereas, it the City builds it own, they wiil not get any part of that funding. He stressed that there will be a proper sheiter, that is technically in the County. He explained that one reason the City number is so high, is that people drop dogs on the streets in Lake Elsinore because they know there is a shelter. He stressed that a significant number of animals are dumped in the City, from out of town. He suggested that if the shelter is in the County, they will be dumped in the County. He noted that the planned shelter will even include night deposit boxes. City Treasurer Weber noted that it was important to look at how to fund this amount of money. He suggested that even with the $300 fee proposed by Councilman Buckley, the City would still be short $500,000 or $600,000 which it does not have. He stressed the need to look at it by July, so we know we can afford to do it. He indicated that three years from now there will be a very difficult budget to deal with. Councilman Hickman noted the Council's fiduciary responsibility, and questioned how to finance this effort without impacting taxes. He stressed the need to compare apples to apples. Councilman Buckley noted that he did not say $300, as a Nexus study would have to be done. He noted that Page Thirty-Four - City Council Minutes - May 10, 2005 every new home brings in 2.7 people, as well as 1.6 animals, and stressed the potential impact of those animals. City Attorney Leibold inquired if the matter was being continued to a date certain. THE PRIOR MOTION WAS WITHDRAWN, WTTH CONSENT OF THE SECOND. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO CONTINUE THIS ITEM TO THE SECOND MEETING IN JULY. MOVED BY BUCKLEY, AS SUBSIDIARY MOTION TO REJECT THE STAFF PROPOSAL. MOTION DIED FOR LACK OF A SECOND. THE FOREGOING ORIGINAL MOTION WAS APPROVED BY UNANIMOUS VOTE WITH DIRECTION TO STAFF TO PROVIDE MORE INFORMATION. 34. Award of Contract - Kobata & Associates - Fire Station/Lincoln Street Parlc Design, Plans and Specifications - $20,000. City Manager Brady noted the Apri126`h meeting discussion of potential park sites, and placement of a well. He reminded Council that the site selected was the old fire station site; and explained that this was a request to allocate $20,000 for the design work, and either go out to bid or award the contract to Kobata & Associates. Councilman Buckley indicated that he would be abstaining from the vote on this item, as he would still like to see EVMWD have a chance to pay. MOVED $Y SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE PROPOSAL TO HIRE THE ARCHITECT FOR THE DESIGN WORK, EVEN IF THE PROJECT IS NOT INTENDED TO BE BUILT RIGHT AWAY. Page Thirty-Five - City Council Minutes - May 10, 2005 Councilman Hickman suggested adding to the motion, something about negotiating with the Water Department, in exchange for their desire to drill for water. Mayor Magee requested clarification that this would be to hire Kobata & Associates to design the park on the large parcel with the Water District drilling on the smaller property. City Manager Brady confirmed. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSTAININ~ THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:22 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Dena Lopez, 16550 Arnold Avenue, noted that she lives in a rural area of Country Club Heights. She indicated that she lived on a tree-lined street, until a few weeks ago. She commented that it seemed very easy for people to lrnock down trees that had been there a long time. Linnett Johnson, 16390 Stevens Street, addressed the trees in Country Club Heights which give shade in the summer. She expressed concern with putting 100 year old eucalyptus trees at risk, and indicated that out-of-town speculative builders don't care about the trees. She indicated that she thought they were City trees, but found out that they belong to the property owners, due to the distance from the center of the roadway. She noted that even the Code Enforcement Officer could not say for certain which were on private property and which were City trees, as they had been planted in rows with very little variation. She indicated that it was shameful that the law allows cutting down any healthy tree, especially when Country Club Heights has very little going for them besides trees. She commented that it was okay to trim and maintain them, but there was no excuse to lcili them. She suggested that it should be part of the permit process to Page Thirty-Six - City Council Minutes - May 10, 2005 aclrnowledge the trees and build around them. Mayor Magee requested the Ms. Johnson provide staff with the specific locations she was concerned with. Ric Hammel, 16359 Stevens Street, addressed the trees and the overall development of Country Club Heights. He noted prior comments by the Council regarding water and the dog pound, and expressed concern that the Council does not lrnow enough about the issues being discussed. He noted the discussion of the Country Club Heights area, and indicated that people were putting in modular homes at night with no perk tests. He addressed the eight trees on Swan and Arnold which where cut down, noting that they were beautiful eucalyptus trees. He stressed the benefit of the trees and the aesthetic value they provide. He noted a booklet he had compiled of Country Club Heights showing the trash being dumped and the trees being removed. He provided the booklet to the City Clerk for copying and distribution to the City Council and encouraged the Council to go out and investigate the community. Phyllis Atadero, 29180 Outrigger, noted the removal of trees on Lake Street. She stressed that they were huge, ancient trees, and to destroy them did not make any sense at ail. She suggested moving the homes back 50 yards, and stressed her love far trees. Paula Graver, 117 N. Poe, addressed the "Run for the Wall 17", and explained that it was a recognition of the soldiers unaccounted for in the past and current wars. She advised that they would be making the trip to the Vietnam Veterans Memorial Wall in Washington D.C. She detailed the trip and noted that they would be part of the Rolling Thunder Parade on Memorial Day. She indicated that she would be doing daily journals and a video travel log. She advised that donations would be greatly appreciated and requested thoughts and prayers for a safe trip. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Responded to the residents regarding Country Club Heights, and offered to meet with them, as he was unaware of the issue. He noted Page Thirty-Seven - City Council Minutes - May 10, 2005 the existence of the Palm Tree Ordinance, and stressed his willingness to meet with them. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Addressed the 2003 Summerhill Bond, noting that he got approval for an audit to look at the whole bond issue. He indicated that he and Administrative Services Directar Pressey talked with the financial advisor who sold the bonds and he was doing an audit which started on December 15th. He advised that the work was moving very slowly, and they were looking into the construction fund for about $4 million and the reserves far about $5 million. He stressed the difficulty in following the money traiL He commented that if it were done by an independent auditor, it would probably cost $50,000, due to the complexity of the financing. He indicated that it was important to pick the issue apart and ask questions of people about where this money really went. He suggested that it would take him another three weeks to get up to speed on the material. He advised that they had set a goal of September, 2005, to have it done. CITY COUNCIL COMMENTS Councilman Kelley had no comments. Mayor Pro Tem Schiffner thanked the public for their attendance at this meeting. Page Thirty-Eight - City Council Minutes - May 10, 2005 Councilman Hickman commented on the following: 1) Thanked everyone for attending the Mayor's Prayer Breakfast, and noted that it was a huge success. 2) Congratulated the Cottonwood Canyon Students and Elsinore High School Students on their photo Contest winners, noting he hoped ta have the winners present at the next meeting. 3) Noted the goif tournament. Councilman Buckley commented on the following: 1) Addressed the Country Club Heights issue, and noted that he had been waiting for the final ordinances. He indicated that he hoped it would be the Council consensus to get them back to Council as soon as possibie. He noted that they discussed zoning, historic preservation and heritage. He further noted the palm tree ordinance and indicated that trees had been stolen. He suggested calling him if there were specific concerns. Mayor Magee commented on the following: 1) Announced the following upcoming events; May 14`h - Lake Elsinore Rod Run on Main Street May 14`h - Castle Skateboard Competition May 215` and 22"d - INT Waterski Competition at the Inlet Channel 2) Noted a letter from Joyce Anderson, a resident near Forecast Homes, indicating that there was a significant accumulation of weeds and debris near culverts which are not being maintained. He indicated that she would like the lots maintained and the fees assessed to Forecast. Page Thirty-Nine - City Council Minutes - May 10, 2005 ADJOURNMENT The Regular City Council Meeting was adjourned at 8:57 p.m. CITY OF LAKE ATTEST: ~ ~ ~ ~U~i ~°~y ~.~.~~~ ~a~ VICHI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ADJOURNMENT MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 24, 2005 *~*~*****~***~~*:~****~~**~~**~~*~:****~~**~:~*~~*~~*~:~*~~*~:~~:~~**~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:30 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABS~NT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City CIerWHuman Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9 (1 potential case). (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session as listed above. Page Two - City Council Minutes - May 24, 2005 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:45 p.m. RECONVENE IN PUBLIC SESSION (7:02 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dennis Sickle. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY (Councilman Buckley arrived at 7:06 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATION/CEREMONIALS A. Presentation - Riverside County Transportation Commission. (F:140.19) The presentation by RCTC was postponed to a date uncertain. Page Three - City Council Minutes - May 24, 2005 B. Certificates ofAchievement - Photo Contest. (F:56.1) Recreation/Tourism Manager Fazzio & L.E.U.S.D Assistant Superintendent John H. Wise presented the certificates. Mr. Wise spoke on behalf of EVCAP and L.E.U.S.D and commended the City on its sponsorship. He detailed the contributions to the program. Mr. Wise noted that the winners would also be receiving gift certificates to the Lake Elsinore Outlet Center. He commented on the theme "kindness and helpful acts". Councilman Buckley arrived at 7:OSp.m. With the assistance of Recreation/Tourism Manager Fazzio, Mr. Wise presented awards to the winners in the Elementary School Division; Caleb Garrin, Megan Clynes, and Lexi Polini. Mr. Wise noted that judging entries at high school level showed that black and white were some the best. Mr. Wise presented awards to the winners in the High School Division; Amanda Stantz, Lauren Bagwell, and Somer Herthel. Councilman Hiclanan showed the photo that had won first prize. Mr. Wise thanked the City for supporting the contest. He hoped to continue next year. Mayor postponed the Teacher Appreciation Week Proclamation to the June 14`h City Council Meeting. C. Proclamation - Temescal Canyon Hieh School Junior Varsity Baseball Team. (F:122.1) Mayor Magee called the Temescal Canyon Administrators, Coaches and Junior Varsity Baseball Team forward for presentation, noting that this team won the league championship this year. He noted that last year the team went with l win and 21 losses and turned it around to 18 wins and 4losses this year. Mayor Magee noted that the Freshman Team had won the League Championship last year, which gave Temescal Canyon two back-to-back league championships. Mayor Magee recognized Patrick Kelleher, Bob Burt and Head Coach Don Krueger. He also recognized Junior Varsity Baseball Coach Mark Carlston and Junior Varsity Baseball Coach Rick Sisca Mayor Magee noted that he had the opportunity to coach with and against these men and they were all gentiemen and sportsmen. Mayor Magee most importantly noted that there was a scholastic requirement as well: Mayor Page Four - City Council Minutes - May 24, 2005 Magee introduced the team and presented proclamations. Coach Carlston thanked Mayor Magee and staff for the honor. Coach Carlston presented City Council with t-shirts including team names. Coach Carlston thanked Principal Patrick Kelleher, Athletic Director Bob Burt and Head Baseball Coach Don Kruger. Coach Carlston noted that the team started the season academically challenged and finished with an average GPA of 325. He noted that people asked, what makes a champ team? He noted that it was like a good City Council, not about the individuals, but contributions to the team. He thanked the City Council for the recognition. D. Proclaination - Temescal Canvon High School Uarsitv Basketball Team. (F:122.1) Mayor Magee called the Temescal Canyon Varsity Basketball Coaches and Team forward for presentation. Mayor Magee recognized Varsity Basketball Coach Mark Williams, Assistant Coaches Phil Jackson and Christian Miley. Mayor Magee read and presented the proclamation to Coach Mark Williams. Coach Williams thanked the City Council for this recognition. Coach Williams indicated that a Coach was only as good as your assistant coaches and team players. He indicated that he had the privilege to coach a group of outstanding young men that were outstanding on and off the court. Coach Williams indicated that the team had won all tl~ree tournaments in which they competed. Coach Williams introduced the team and presented the proclamations. E. Proclamation - Lake Elsinore Elk's Lodee. (F:122.1) Mayor Magee called Mr. Don Tatlow forward for the presentation. Mayor Magee read and presented the Proclamation. F. Proclamation - Kniehts of Columbus. (F:122.1) Mayar Magee called Mr. Jim Hunt forward for the presentation. Mayor Magee read and presented the Proclamarion. Mr. Hunt thanked the City Council and noted that the heart of their order was family, church and community. He noted that all the proceeds from their fundraisers were contributed to charitable causes. Page Five - City Council Minutes - May 24, 2005 Councilman Hickman called Mr. Greg Hamilton forward. He indicated that Greg Hamilton was the exalted leader of the Elks. He indicated that Mr. Hamilton led a group of people to do a lot of charity work and donated a lot of time working in the community. Mr. Hamilton thanked the City Council and the community. He noted that they had handed out thousands of dollars in scholarships to local high school students. Mr. Hamilton noted the upcoming Memarial Day festivities. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed session regarding two items, one as listed on the agenda and one added by a 4/Sths vote; both items reported that the City Council discussed two items as listed on the agenda. City Attorney Leiboid reported that there were no reportable action on the items. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Woodrow Rodgers, 31646 Saddle Ridge Drive, commented that there was to be an audit on the bonds in November, 2004. He indicated that as of this date the audit was not completed. He indicated that from his understanding there were a lot of issues that had come up. He corrimented that there might have been funds that wenf where it should not have gone. Dennis Sickle, 334451VIegan Court, commented that he was at the meeting to present a petition regarding criminal activities in his neighborhood. He noted that the petition was a result of a neighborhood meeting thaf took place after a shooting last week. He noted police records over the past 12 months for the resident in which the shooting took place. He indicated that the neighbors formed a neighborhood watch. He requested assistance from the City Council. He indicated that their goatwas for their families to live safely in Lake Elsinore. He provided the Council with a packet and requested that the names be used by government officials only and not to be made public. He requested the Council keep the issue of safety issue in mind. He also requested the City Attomey to review a more concrete ordinance for disturbing the peace. Page Six - City Council Minutes - May 24, 2005 Tim Fleming, 17970 Lakeshore Drive, announced the Lake Elsinare Southwest Riverside County Juneteenth celebration. He detailed the event would be held at Yarborough Park on June 11 `h, 11 a.m. to 4 p.m. He noted flyers available. Mr. Fleming indicated that there would be music, vendors and food. Donna Franson, Lake Elsinore Citizens Committee, she noted that their newsletter had been made to the residents of Lake Elsinore. She indicated that the Planning subcommittee had been working on improvements along Interstate 15. She indicated that they had a lead on six Palrn trees and three, maybe four, antique light standards. She indicated that the Lake Recreation subcommittee had been preparing pamphlet to publicize recrearion opportunities in Lake Elsinore. She encouraged positive action to prevent crime. She requested that anyone who would like to volunteer to ca11674-1989. Mayor Magee requested to add a Business Item to discuss personnel matters and staff recruitment due to resignation of two city employees. He indicated that he would like to discuss the issue and provide direcrion.to the City Manager. City Attorney Leibold explained that the Brown Act, Government Code Section 54954.2, did permit the addition of iteins when the need was immediate and the need arose after posting the agenda. She further explained there needed to be a motion made and 4/Sths vote to add the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANINfOUS VOTE TO ADD BUSINESS IT~M 36. CONSENT CALENDAR ITMES MOVED BY BUCKLEY, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALLENDAR AS PRESENTED WITH MODIFICATION TO ITEM 6 AS DISCUSSED AT THE EARLIER MEETIN~ l. The following Nlinutes were approved: a. Joint City Council/Redevelopment Agency Study Session - Apri121, 2005. Page Seven - City Council Minutes - May 24, 2005 The following Minutes were received and ordered filed: b. Planning Commission Meeting - May 3, 2005. c. Public Safety Advisory Commission Meeting - April 13, 2005. 2. Ratified Warrant List for May 16, 2005. (F:12.3) 3. Adopted Resolution No. 2005-47, regarding appropriation limits for Fiscal year 2005-2006 (Proposition 4). (F:12.1) RESOLUTION NO. 2005-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2005-06 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. 4. Authorized a Cooperation Agreement with the County of Riverside, ~ allowing the city to participate in the CDBG Funding Program for fiscal years 2006-07; 2007-08; and 2008-09. (F:68.1) 5. Approved the CPI increase and the applicarion for new rates for refuse pick- up, recycling and disposal (E~ibit C) to take effect on July 1, 2005. (F:12.1) 6. Declared equipment surplus and Authorized Nation Wide Auction Company to dispose of the equipment by way of a public auction. (F:48.1) 7. Granted an exemption per Chapter 3.08.070 (F) for the installation of carpet at City Hall and award the contract to DNA Flooring of Lake Elsinore in the amount of $19,365. (F:50.1) Page Eight - City Council Minutes - May 24, 2005 Authorized an Agreement with HDR Engineering, at a cost of $98,303, to prepare CEQA compliance documents for East Lake Specific Plan Amendment No. 8. (F:68.1) 9. Authorized an Agreement with The Planning Center, at a cost of $28,600, to prepare CEQA compliance documents for the condominium project (APN 379-315-033. (F:68.1) 10. Authorized an Agreement with HDR Engineering, at a cost of $33,439 to prepare the CEQA compliance documents for General Plan Amendment No. 2005-02 and Zone Change No. 2005-03. (F:68.1) 1 L Approved Final Map 31706-3, A residential subdivision by Pardee Homes located north of Canyon Hills Road and east of Hillside Drive, subject to the City Engineer's acceptance, and authorized the City Clerk to accept all dedications, sign the map and arrange for the recordation. (F:138.2) PUBLIC HEARINGS 21. Uacation of 3`d Street - Continued from May 10 2005. (F:10.1) Mayor Magee opened the public hearing at 7:39 p.m. John O'Doherty, 19025 Grovewood Drive, Corona, commented that he understood the item was on the agenda for continuation or vote. He indicated that he would be happy to have the matter continued. He noted thaT at the last meeting he had presented a viable option for the pump station location. He indicated that the option he had proposed had been given to the water district, but he had not received a response from EVMWD. Mr. O'Doherty questioned if Council had the opportunity to review the alternative. He corrimented on the staff report and noted a couple of items discussed in the report. He noted that the reported indicated that 3`d was not generally used by the public for street purposes. He noted that the property was nof developed. He also noted that the s2aff report indicated that the portion of 3`d Street in question was potentially desirable, but disagreed that it was unnecessary as a public street, essential for use of his property. He Page Nine - City Council Minutes - May 24, 2005 noted the staff report had mentioned a number of ineetings, but did not mention the outcome of the meetings. He indicated that he had no contact from anyone. He commented that he was surprised that EVMWD could exercise eminent domain. He indicated that the resolution stated that there was a public hearing and evidence submitted, which there had not been. He noted that there was no mention of how storm water coming under the freeway would be handled He stressed the substantial increase in storm water. He noted Centex would be a huge contributor to the problem. Cheryl Kirkpatrick, commented that she had come to the meeting with the understanding that the item would be continued again, as there had not been a public hearing on the issue. She indicated that there had been many public hearings scheduled but not held. She indicated that her objections would be the same as Mr. O'Doherty's and encouraged no action to be taken tonight. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANiMOUS VOTE OF THOSE PRESENT TO CONTINUE THIS ITEIVT TO JUNE 14, 2005. Appeal 22. Appeal of the Planning Commission's Decision to denv Condirional Use Permit No. 2005-5 for Nadir Rabban and Abbacv Holding Corp. (F;21.1) Planning Manager Preisendanz explained that this item was an appeal of the Planning Commission decision to deny CUP No. 2005-5. He indicated that it was for the sale of alcoholic beverages. He noted that the alcohol license was identified by ABC as a Type 20. He indicated that the Planning Commission denied the item on May 3`d, 2005 and on May 29`h the applicant filed an appeaL He indicated that since that meeting the applicant had revised the business plan. The applicant had decided to upgrade to a more gourmet sale with delicatessen; in contrast to a mini-mart. He noted the addendum distributed to the Council late. He further noted revisions to the findings of the resolution were more in line with the ABC requirements. He ' also noted the two letters attached as well as the revised business plan. He noted that the applicant was present. Page Ten - City Council Minutes - May 24, 2005 City Attorney Leibold noted that the Council had received correspondence from Vda Boice regarding the item. Matthew Pryble, attorney for the applicant, noted the location of the site. Mr. Pryble provided background on the applicant. He detailed past businesses owned by Mr. Rabban; and he had ABC licenses with each business; and had never been cited by the ABC in 23 years. He indicated that Mr. Rabban had been the owner/operator of all of his businesses; and would do the same with this market. He detailed Mr. Rabban's community r participation and organizations he's affiliated with. He noted that he would be an active member in the Lake Elsinore community as we1L He had made contact with the school district to assist with school events. He noted the reasons the CUP should be approved. He indicated that he himself had been in Lake Elsinore for a while and noted the traffic congestion problems in the area. He indicated that Mr. Rabban's business would be the only one of its type in that area. He indicated that it would hopefully alleviate some of the traffic congestion in that area. He noted the current need to access main intersection for shopping at this time. He indicated that it was anticipated to create 15 to 20 jobs at this point. He noted it would generate a sales tax re~enue for the City. He noted that Mr. Rabban's existing businesses generated about $6,000 of sales tax per month, per business. He indicated that it would be the newest service station/market in Lake Elsinore. He commented on the design pictures, and indicated tliat it was consistent with the surrounding area. He noted that he had sent a letter to Mrs. Boice to address her concerns. He indicated that they did not intend to have any outdoor advertising for the sale of alcohol or cigarettes. He indicated that it would be a very nice market. Lake Elsinore would be lucky to have this businessman in the community. Bill Kipp, Abaccy Holding Company, 361 Railroad Canyon, Suite C, noted the design of the convenience store. He indicated that it was designed to be twice as high as most convenience store, mini-marts and gas starions. He indicated that the original intent was more of a market/convenience store for the neighborhood residents. He indicated that due to IRS restraints Abbacy Holding decided to sell the property. He indicated that two potential buyers had requested to have a beer and wine license. He indicated that he was concerned as to why everyone was asking for a beer and wine license; so he Page Eleven - City Council Minutes - May 24, 2005 contacted the Shell Oil Company Regional Office and was informed that of 136 shell stations, 135 had beer and wine licenses. He indicated that based on Mr. Rabban's business background, he had a wide variety of business acumen to operate this facility. He noted that Mr. Rabban would give good service to the community. He noted that Mr. Rabban was only one piece of the development and highlighted the lots to be used. He further noted an office building and medical building locations. He indicated that the station had been designed with a tall canopy to service motor homes, buses, etc. He offered to answer questions. Mr. Kipp noted that Councilman Hickii~au had an opportunity to visit their office on Friday and he had pointed out to him that only a small fence separated the park. He indicated that Councilman Hickman expressed his concerns that it might be public safety issue; although it was not included in the original CUP, Abbacy Holding would donate $5,000 to the City for specific use of building the fence to prevent public safety issues. He indicated that they would submit upon the approval of the CUP a letter to the City for recordation. Councilman Hiclanan noted he did not want children running across Surnmerhill Drive. Mr. Kipp noted that it should have been considered in the original CUP. Mario Nunez, 31744 Canyon Estates Drive, commented that it was a bad idea and requested that the Council not to approve the CUP. He indicated that his neighbors could not attend the meeting, but this would create more traffic and more people wandering into their neighborhaods. He expressed concern for peace of mind, as the neighborhood would be unsafe. He indicated that they did not need more gas stations. He indicated that he had paid enough money to Mr. Kipp due to the City bond issues. Mayor Magee noted that the project was approved August, 2003, and the only issue at this time was the sale of beer and wine. Vida Boice, 17 Ponte Nigra, expressed that she was greatly distressed with this issue. She noted her e-mail. She indicated that she strongly objected to this item. She also indicated that she did not understand why the applicant felt the need to have a lawyer. She noted that the applicant's personal background had no impact on this decision. She noted that the decision would impact families in the area. She questioned how the market would Page Tweleve- City Council Minutes - May 24, 2005 ease the traffic; and suggested that the attorney conduct a traffic study to show it. She suggested that sales taac could be generated in otherways. She indicated that she did not understand why the City was giving into all of Mr. Kipp's request. She quesrioned in whose best interest was this project. She indicated that in the Planning Commission Meeting there was a reference to having a contact with the Police Chief Fetherolf, and he did not feel it was beneficial to have a liquor license in that area. She noted that there was a moratorium. Lon Bike, 23905 Clinton Keith Road, commented that he was the architect for the project; and was available to answer questions on the architecture. Tim Fleming, 17970 Lakeshare Drive, commented that he would like to read a comment from Lorraine Watts, thanking the Planning Commission for the denial of the CUP submitted by Nadar Rabban and Abbacy Holding Corp. She indicated that Yhere was a moratorium on the issuance of CUP's unless the Police Deparhnent had determined a need of public necessity for the community to have an outlet to sale beer and wine. She further indicated another outlet was not needed. She suggested the city had its quota. Edith Stafford, Lake Elsinore, addressed the fact that Mr. Kipp offered $5,000. She suggested that might cause a conflict of interest. She indicated that Mr. Kipp had already donated heavily to a couple of Council people present. She suggested that they might not be eligible to vote on this item. She indicated that it should not be approved, in view of the gridlock. She concurred that it was a beautiful project, but the location was wrong. She noted that Uons sold liquor and there was a liquor store on Summerhill Drive; and to add another liquor store was not right. She suggested;that there were enough problems with drunk drivers. She questioned the number of lives taken by drunken drives in Lake Elsinore to date. She indicated that the Council should carefully consider before adding another liquor store. William Arnold, 31556 Sagecrest Drive, expressed his concerns with the approval of this pernut. He indicated that it was slowly being turned into a commercial eyesore. He indicated that the serious problem was that it was across from a park where children play Fage Thirteen - City Council Minutes - May 24, 2005 ball, and occupy their time. He indicated that the community was concerned about a green area being developed. He indicated that green areas had a tendency to attract the homeless; and beer and wine across the street, was asking for trouble. He noted that there were other locations selling wine and beer, one more is overkilL He commented that if Council cared about the community than they should not approve the CUP. Ron LaPere, 16867 Wells Street, commented as a matter of inforniation several years ago he had owned three restaurants. He indicated that beer and wine license were available to them. He suggested emphasis in this case should be on foods, with secondary emphasis on beer and wine. He indicated that he heard from the applicant that it would not be advertised. He asked the Council to give careful consideration to the primary use the applicant was requesting. Councilman Buckley indicated that he was not sure how he would vote on the item. He reiterated to everyone that the business couldgo in, the question was the beer and wine license. He noted that the license added to financial viability of the business. He also noted that the down side was the proximity to the park. He noted that there was a liquor store across from a middle school and high school. He indicated that at the August; 2003 Planning CommiSSion meeting Mr. Kipp stated that there would be no alcohol sales on the property. He refemed to a recent letter from Mr. Kipp. that suggested there would be a disadvantage without the sale of beer and wine. Councilman Buckley expressed his concern with a Trojan harse effort. He indicated that on the other side it was a CUP, so the community could watch it closely, and if there were problems, they could norify the Council and the Council had the authority to pull the CUP. He indicated that there was no outside advertising and percentage of floor space was limifed to 20%. I3e indicated that the sales ta~c side was low for the city, but thinks the ainount is a bit low. He indicated that the offer of $5,000 for the fence might not be enough, but it was a very generous offer, although it was not a conflict. He noted political donations were exempted from conflict of interest laws. . Councilman Hiclanan indicated that he would like to investigate this Page Fourteen - City Council Minutes - May 24, 2005 moratorium on the license. He deferred to Police Chief Fetherolf. Police Chief Fetherolf indicated that he was not aware of conditions of the moratorium. City Manager Brady indicated that it was not a City moratorium, and he was not aware of those conditions. Planning Manager Preisendanz noted that from his discussions with ABC, they could not verify where the moratorium originated from: He noted that the just of the moratorium did not prohibit alcohollicenses, but would have to make a finding of public convenience and necessity. He noted the divisions of the City and the available licenses. He indicated that according to ABC it was not a prohibition, but the City must make a finding. Mayor Pro Tem Schiffner questioned the prohibirion as read. He indicated that Council had listened to a number of people against the license. He indicated that he was very surprised when the item went before the Planning Commission only one person spoke against it; and that individual was there tonight to speak against the project. He cor-imented that he thought he would see a group of people that lived closer to the project; and there was only one person. He indicated that he had heard that person speak against a number of other things. He indicated that he would be in favor of the CUP, because he had not heard a justifiable reason to oppose the issuance. Councilwoman Kelley indicated that she was struggling on two fronts. She indicate that the firstwas the original plan, in which she was on the council and voted for the plan specifically because it had no beer and wine sales. She indicated that she would be reversing her own original decision; and in order to reverse it, she would need to find public convenience or necessity for it. She noted the only thing was that it would be difficult to sell the property without the CUP. She indicated that the second issue she was struggling with was when it came before the Planning Commission, was it proposed as a gourmet venue with beers and wines and gourmet sandwiches ' or was that a change because the Planning Commission rejected the request. Planning Commissioner Chairman Lapere indicated that from his understanding it was a convenience market specializing in certain food items, beer and wine were an added item as it related to the original concept of a convenience market. He indicated that it did indicate, at that time, that beer and wine would not be promoted; there would be no signage on the Page Fifteen - C'-ty Council Minutes - May 24, 2005 outside of the market. Councilwoman Kelley questioned if it was presented as gourmet type. Chairman Lapere confirmed. Councilwoman Kelley requested comments from Police Chief Fetherolf. Police Chief Fetherolf indicated that as a law enforcement professional it was difficult to separate personal values from professional recommendation. He noted it was difficult for him to say that he finds a need or public convenience for alcohol in any establishment. He noted that he had read a study that indicated that there had been more life lost and bodily injury and property damage as a result of alcohol, than any and all wars suffered on earth. He indicated that from his professional view, he was constrained by a few parameters. The ABC had established certain criteria for what was an acceptable place for a license. He indicated that as a general rule he did not recommend against the recommendations of ABC. Council had opportunity to provide a Conditional Use Permit. He indicated that he was not in opposition of ABC regulations; and find, that he had no legal grounds to recommend against the lic.ense, as the applioant had no criminal history. He indicated that if the ABC determined that they were going to allow the license, and the City was inclined to grant the CUP, than he would not oppose that recommendation actively. Councilwoman Kelley noted she wanted to hear from him, and noted it was a tough call due to personal and professional views. She indicated that there were only three Planning Commissioners present at the meeting. She indicated that there was only one person speaking against the project that evening. She indicated thaf she would need to weigh this matter. Councilman Buckley noted that public convenience and necessity if a gourmet shop, it was inconvenient to buy caviar and kool-aid. He indicated that it was difficult to show the necessity side. Councilwoman Kelley questioned how easy would it be to pull the CUP once it was granted. City Manager Brady indicated that with a CUP there were Conditions of Approval. He indicated that those Conditions of Approval would be the basis for compliance or non-compliance. Page Sixteen - City Council Minutes - May 24, 2005 Mayor Pro Tem Schiffner indicated that since it was legal in this country, there were lots of places that sold alcohol. He indicated that they were not there to legislate on the prudence of selling liquor to people. City Attomey Leibold confirmed the accuracy of Councilman Buckley on the conflict of interest issue. She indicated that the donation to the City was not a donation to the individual Councilmemebers; and did not present a conflict of interest. She further indicated that political campaign donarions were not income within the meaning of Political Reform Act nar did it create a conflict of interest. She indicated that the finding that was required to satisfy ABC was a finding of public convenience or necessity. Mayor Magee noted it was a difficult decision. He indicated that he was not given an opportunity to vote on the reformation of this project, as he did not participate in the general plan for the area. He indicated that he did not vote on mini storage. He indicated the issue was the beer and wine sales. He noted that he had heard the comments made by Mr. Arnold, but did not believe that by authorizing the sale of beer and wine would lessen the property values. He indicated that Gouncilman Buckley pointed out the ability to revoke the CUP if the applicant was not in compliance. MOVED BY SCHIFFNER , SECONDED BY MAGEE TO ADOPT RESOLUTION NO. 61 APPROVING CONDITIONAL USE PERMIT NO. 2005-OS AND ADOPTING THE FINDINGS OF PUBLIC CONVENIENCE OR NECESSITY. Councilwoman Kelley questioned the conditions for the CUP, and if any will be added or if they were adequate. She indicated that she wanted to ensure no signs would be posted, and their ABC license was followed to the letter. Mayor Pro Tem Schiffner indicated that all of the conditions regarding all of those conditions were all included in the conditions in motion. Planning Manager Preisendanz noted that the conditions were specified from the code. Mayor Pro Tem Schiffner commented that if Council felt it was a more sensitive area the residents could be more responsive in watching for violations. Planning Manager Preisendanz confirmed the specifics. Page Seventeen - City Council Minutes - May 24, 2005 Councilman Hickman questioned the proper way to handle the $5,000 donation offered by Mr. Kipp. City Attorney Leibold indicated that Mr. Kipp recommended not to add it as a Condition of Approval for the CUP, but the Council had the choice to add it as a specific condition of approval, or accept the donation and issue the permit concurrently with the provision of the funds for the specific purpose of the construction of the fence based on safety concerns. Councilman Hickman questioned how to handle the project if the cost went over $5,000. City Attorney Leibold indicated that Council could request or require that Mr. Kipp or the applicant fund the full cost of that fence. Councilman Hickman requested adding to the motion that Mr. Kipp be held responsible for the construction of the fence. City Attorney Leibold indicated that it would be in the scope of the Council discretion to install or finance the cost of installing a barrier fence. Mayor Magee noted that the easiest way to ensure the construction of the barrier fence was to add it to the conditions of approval. Councilman Hickman questioned if the applicant would support that as a condition. Mr. Pryble indicated that the applicant would not support that as a condition of CUP. Mayor Pro Tem Schiffner requested clarity on the fence. He noted that there was a relatively low ornamental wall in the area. Councilman Hickman noted that the fence stopped by the park; and he would like it to continue. Councilman Buckley noted the site corifiguration. Mr. Kipp noted the current fence configuration along the park. Councilman Buckley noted finishing the fence all the way to the corner to prevent kids from crossing the street. Mr. Kipp indicated that his donation would be to the City to construct the fence through the Public Works Department. He indicated that his donation was an act of public safety. He further indicated that they did not want this as a condition for the CUP. He indicated that they wanted it entered into the record and they would verify by sending a letter to the City tomorrow. Councilman Hickman questioned if more funds were needed, would they cover the cost. Mr. Kipp indicated that they would not, but felt it could be done for less than $5,000. Mayor Magee deferred to Community Services Director Sapp and questioned the cost of the barrier fence. Mr. Sapp noted that it might be a little more. He indicated that he was not sure of the run of the fence. He advised that it might coat more than $5,000. Page Eighteen - City Council Minutes - May 24, 2005 Buckley noted the existing fence and suggested 200 to 300 feet of fencing. FOREGOING MOTION CARRIED BY A VOTE OF 3-1-1 WITH KELLEY CASTING THE DESCENDIG VOTE AND, BUCKLEY ABSTAININ~ BUSINESS ITEMS 31. Second Reading - Ordinance No. 1150 - M-3 Zoning District. (F:103.1) (F:172.1) Weber addressed the Pacific Clay Annexation coming up. He indicated that the City could not, at this point, take on that area and support it with police and fire. He noted the Rosetta Canyon project and that the City did not have money to fund that fire station. He indicated that the Council was now talking about annexing another huge amount of properiy. He noted bond meetings held today. He suggested that the City needed to slow down and figure out where we were at. He indicated that the City could not provide the services for the areas that were currently being developed. He indicated that according to the budget, by 2010 the City had projected a negative $7 million in unallocated funds. Mayor Pro Tem Schiffner indicated that the ordinance was just to adopt a zone. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1150, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1150 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIAAPPROVING THE ADOPTION OF A NEW "M-3" MINERAL RESOURCES AND RELATED MANUFACTURING DISTRICT" AND AMENDING THE CITY OF LAKE ELSINORE MLINICIPAL CODE BY ADDING CHAPTER 17.61. UPON THE FOLLOWING ROLL CALL VOTE: Page Nineteen - City Council Minutes - May 24, 2005 AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None 32. Amended Concessions Ag`reement to include PWC rental and food concession.(F:68.1) Lake & Aquatic Research Director Kilroy indicated that this item was for approval of an amendment to the agreement with Pyramid Enterprise to approve pwc rental and food concession at the Seaport Boat Launch. He indicated that they were requesting one hot dog vendor cart and the ability to rent eight pwc's at the boat launch. He indicated that they were also requesting a portable storage container on site for the business. He suggested that it would be a benefit to the visitors to Lake Elsinore. He noted that the City would receive 7% of the gross sales. He indicated that based on earlier comments made at the 4 p.m. Study Session he would recommend changes to the Conditions of Approval for the agreement as distributed. He noted fhat he would strike reference.to sales of these items on public beaches limited to the site plan in the agreement; and also recommended item 2 to include one vendor cart, subject to approval, specify 8 vessels, and specify 200 square foof structure for storage. He recommended approval with changes as noted. Mayor Pro Tem Schiffner indicated that he respected the recommendation, but he was curious on the reason for not allowing sales to occur on other parts of the beach. Mr. Kilroy indicated that this was the request of Pyramid Enterprises. Councilman Buckley questioned the portable shed. He quesrioned why not trailer everything back to the campground at the end of the night. Mr. Kilroy indicated that the pwc's would be trailered to the campground along with the Page Twenty - City Council Minutes - May 24, 2005 hot dog cart. He indicated that the trailer for business items might be an enclosed toy trailer such as for off-road vehicles or pods. Councilman Hickman clarified that it was not an overseas 20 foot container. Mr. Kilroy confirmed and noted it would be subject to City Manager approval. Councilman Hickman noted that he had a friend who wanted to do parasailing; and he questioned who the point of contact would be. Mr. Kilroy indicated that the individual should wark with the City. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WITH BUCKLEY ABSENT TO APPORVE THE FIRST AMENDMENT TO THE EXISTING AMENDED AND RESTATED LICENSE AGREEMENT FOR OPERATION OF THE CAMPGROUND, DAY USE AND BOAT LAUNCH FACILITY WITH CORRECTIONS AS PROPOSED. 33. 2005 4th ofJulv Celebration. (F:62.1) Recreation/Tourism Manager Fazzio noted the options for this year's event. She noted that last year the City funded fireworks along with a patriotic boat parade which was very well received. She further noted that in the past fireworks were offered by the Lake Elsinore Storm. She indicated that this year the Storm was home on the 4'~'. She noted the tlu~ee options and detailed them. She also noted the potential drawbacks and limitation on use of the levee. Mayor Pro Tem Schiffner proposed using Option 1 as listed in the staff report with addition of staff directed to work with the Storm to provide the pyrotechnical show in years that the Storm did not to guarantee an annual show. , Councilman Hickman thought the City should have its fireworks show. He indicated that Mr. Oster was willing to have his people work together with the City to prevent any problems. He noted that he enjoyed the boat parade. He suggested coordinating with the Storm and bringing the item back to Council on June 14`h. Page Twenty-one - City Council Minutes - May 24, 2005 Councilwoman Kelley thought the City deserved a fireworks show. She indicated that the City did not want to compete with the Storm show. She noted the discussion of alternating shows for the years that the Storm was not in town. She believed consistency was very important, but would be willing to acquiesce to the Storm this year, as long as when they did not have firewarks, the City did. Councilman Buckley commented on Americanism. He noted that he had never received a phone call against fireworks. He noted everyone used city services, but did not always realize what they were paying for with tax dollars. He indicated that the fireworks show was worth the cost. He noted that last year traffic was stopped along Lakeshore Drive and there were thousands of people in the City. He suggested doing two shows. He suggested approving the funds and work with the storm to coordinate and publicize. He noted that when the Storm was out of town on the 4`h they did fireworks on the 3rd. He noted that it was also a concept of setting a tradition. He noted that it was the first time in 10 years the City had paid far the show. Mayor Magee questioned the City staffing costs for the boat parade alone. Recreation/Tourism Manager Fazzio deferred to Lake & Aquatic Resources Director Kilroy. Mr. Kilroy indicated that the cost was very reasonable. He indicated that typically staff would shift the hours to the weekend. Mayor Magee commented that when talking about tradition, the 4`h of July was fireworks. He suggested keeping the boat parade alive, there was the tradition. He suggested that if the Storm was doing Fireworks the City should not duplicate, but when they were not in town the City should have the fireworks show. Councilman Hickman expressed the need for the City to have a fireworks show. He indicated that the City's fireworks show was for everyone and did not cost anyone anything. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO PROVIDE FIREWORKS ON THE YEARS THAT THE STORM DID NOT AND TO MAKE SURE THAT THE BOAT PARADE TOOK PLACE EVERY YEAR. Page Twenty-two - City Council Minutes - May 24, 2005 MOVED BY BUCKLEY, SECONDED BY HICKMAN A SUBSIDIARY MOTION TO AUTHORIZE $20,000 FOR THE BOAT PARADE AND FIREWORKS FOR 2005 AND DIRECT STAFF TO WORK WITH THE STORM TO COORDINATE AND PUBLICIZE THE EVENT. THE SUBSIDIARY MOTION FAILED BY A VOTE OF 3-2 WITH KELLEY, SCHIFFNER AND MAGEE CASTING THE DESCENDING VOTE. THE ORIGINAL MOTION CARRIED BY A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN CASTING THE DESCENDING VOTE. 34. Branding and Public Relations/Marketin~ RFP: Recommendation for Professional Services Consultin~. (F:70.1) (F:44.1) Mayor Magee noted that this item was spearheaded by a subcommittee made up of Councilman Hickman and Councilman Buckley. He noted that there was one request to speak. Councilman Buckley gave an overview of the item. He indicated that last October the City Council started discussing public relations and improving the marketing strategy and image of Lake Elsinore. He indicated that in February the Council approved an RFP and created a subcommittee to start looking for firm to do the job. He explained the reason for doing this. He noted past image problems, but the city had changed dramatically. He stressed the shift in the community, which people were starting to hear about. He sfressed the need to be sure businesses, tourists, eta lrnew about the changes. He indicated that by creating a more positive image was the start down the right road to growth. He indicated that this was a roadmap for the growth. He noted that in the next year or so there would be a decision on the new road to Orange County; and improving our image would not hurt. He noted the perceptions that could be repaired by proper marketing, eta He noted there were also problems inside the community; and problems communicating within the community. He believed by having strategies in place would help bring people together inside the community: He stressed that this was not an effort to attraet more housing development. He indicated that there would be a poll, focus groups, logo, new look for Page Twenty-three - City Council Minutes - May 24, 2005 stationary, trucks, street signs, and strategy and acrion plans to go forward. Phase 1 was the creation of inessage points. Phase 2 was the physical stuff, creation of a web based marketing tool kit. Everyone in Lake Elsinore would participate. He noted that the subcommittee received 10 responses to the RFP. He noted 3 firms were interviewed. Lake Elsinore Marketing Group and Bloomfield Group were chosen specifically due to interest in the community. The subcommittee also requested consideration of another firm called Cresta West. He indicated that if approved, Phase 1 would start in 6 to 8 months starting in the next fiscal year. Phase 2 would start when Phase 1 was done. He indicated that the cost for Phase 1 was $92,000 and Phase 2 was to be determined, but would be about $100,000 to $150,000. He indicated that the City would be able to track recreation/tourism, sales tax, etc. He indicated that the timing had to be right in arder for it to work. He introduced Information/Commuriications Manager Dennis and George Bloomfield and William Furlongh, LEMG. He indicated that representatives from Cresta West were unable to attend. Mayar Magee noted that there was a request to speak on the item from Chris Hyland. He noted that Ms. Hyland had left the building, George Bloomfield introduced himself and Bill Furlough to the CounciL He indicated that he was introduced to Lake Elsinore about four years ago and fell in love with the community. He indicated that he later purchased some property and look forward to building a home in the area. He indicated that Bill Furlough would be heading the research aspects. Bill Furlough offered to answer any questions. Information/Communications Manager Dennis noted the cost rational as discussed at the 4 p.m. Study Session. He indicated thaYthe bulk of the expenditure for Phase l was research. He advised that the research was the most critical stage of the process. City Treasurer Weber indicated that the 2006-07 budget reflected the City would be negative $2 million. He suggested getting help from deveTopers. He stressed the shortfall for next year. He indicated that the City needed to Page Twenty-four - City Council Minutes - May 24, 2005 get out of fantasy land and dream that there would be money from somewhere. Councilman Buckley noted that there was already a line item in the budget for this and a possible lobbyist. He noted money spent by EVMWD on their legislative affairs as well as other cities. Mayor Pro Tem Schiffner indicated that he was not sure whether the City did or did not need the service at this time. He indicated that he was disturbed with the amount of money it would cost, and suggested smaller steps. He questioned how much benefit, if authorized the research part of this for the first three items to see what the thought process was. Mr. Furlough indicated researcli was the foundation for the plan, but would not get the City anything. He advised that the research was the first block far the program. He suggested that if the City was only doing the research, He would suggest not invest in the research. Mayor Pro Tem Scluffner suggested it would tell the City if it would be successful in advertising any further. Mr. Furlough indicated that it would be valuable, but only useful if the City did something else with it. Mr. Bloomfield indicated that it equated to determining the City's intentions. He indicated that it was no reason for the research if there was no intention to move forward. Mayor Pro Tem Schiffner indicated that the future of the community was around the development of the lake. He indicated that the City did have a direction, so he did not feel the need for someone to tell us what we should do here. He noted that a big part of the land in the City was going to habitat. Mr. Bloomfield indicated that the City indeed had direction and was intended to move forward, but dealing with development of habitat, etc., by providing the research it was part of a larger program. He thanked Mr. Weber for bringing up the point of managing where this would stop. He concurred with sharing in the long term costs with the development community. Schiffner questioned that it was not worthwhile to do the research without doing it all. Mr. Furlough confirmed, and added that they did not want the Council to do something that did not create a long term benefit for the City. Page Twenty-five - City Council Minutes - May 24, 2005 Councilwoman Kelley commented that she believed the City was in need of revitalizing and this would be a benefit, but she did not know how the City would pay for it. She noted that the Council would be approving $240,000. She noted that the Council was looking at a lobbyist which was very expensive. She indicated that the Mayor had mentioned that from the lobbyist the City would receive calculable returns, whereas with this item the City would be hoping that everything works and it would be hard to measure what the City would get back dollar for dollar. She noted that it was too expensive at this time. Mayor Magee commented, with all respect to the subcommittee and the presenters, he would show his lack of sophistication in this process, he thought the Council was looking for a new logo. He indicated that he had a tough time getting his arms around this project. He shared City Treasurer Weber's concerns. He indicated that the City was looking at expenditures in excess of revenues in the next fiscal year: He reiterated that he thought the Council was talking about a change in logo. He indicated that he could not agree with the expenditure at this point. Councilman Buckley indicated that when discussing the project, a quarter million would be smaller than funding in other ciries in our area.. Mayor Pro Tem Schiffner noted the comment made earlier about other agencies spending more money; and one refened to was EVMWD. He indicated that the difference between the City and Water District was that they sold a product for a profit. He stressed the differences beriveen the agencies. He indicated that he was not afraid of being out of money, but felt this was an item that the City could no afford. Councilman Buckley noted this year's budget was in the black including this project and the lobbyist. MOVED BY MAGEE, SECONDED BY KELLEY TO APPROVE TO CONTINUE THE ITEM OFF CALENDAR AND DIRECT THE SUBCOMMITTEE TO MEET AGAIN AND REVIEW THE COSTS INVOLVED. Page Twenty-six - City Council Minutes - May 24, 2005 Councilman Hickman questioned if Council wanted a slide presentation. Mayor Magee indicated that he wanted the price to be lower: MOVED BY BUCKLEY, SECONDED BY HICKMAN A SUBSIDIARY MOTION TO APPROPRIATE $92,000 AND AUTHORIZE THE CITY ATTORNEY AND STAFF TO CREATE A FINAL PROFESSIONAL SERVICES AGREEMENT WITH LEMG AND CRESTA WEST. THE SUBISDIARY MOTION FAILED BYA VOTE OF 3-2 WITH KELLEY, SCHIFFNER AND MAGEE CASTING THE DESCENDING VOTE. THE ORIGINAL MOTION CARRIED BY A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN CASTING THE DESCENDING VOTE. 35. Request for donation of van - H.O.P.E. (F:108,18) MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A ' VOTE OF 4-0 WITH BUCKLEY ABSENT TO APPROVE THE DONATION OF ONE VAN TO H.O.P.E. PROVIDED THAT ALL OF THE CONDITIONS IMPOSED LJNDER LEMC 3.12.030 ARE SATISFIED. 36. Added item - ReQardin~personnel matters and staffing, recruitment. (F:116.1) Mayor Magee noted that within the course of the last seven days the City had received resignations frorn the City C1erWHuman Resources Director and the Gity Engineer. Mayor Magee proposed directing the City Manager to work on an reorganization and mecruiting for all three positions. He requested that he utilize the existing consultant used for the City Manager recruitment for the City Clerk posirion and return with recommendations on the other posirions. Councilman Hickman requested clarificationthat Interim City Manager look . at hiring people. Mayor Magee clarified that he was direct the existing consultant to start recruitrnent for a City Clerk to work for the City Council; and then develop a plan for recruitment or reorganization for Human Resources and City Engineer for consideration at the next meeting. Page Twenty-seven - City Council Minutes - May 24, 2005 Councilman Hickman questioned the decision on the City Manager position. ~ Councilwoman Kelley noted that the subcommittee had narrowed it down to four finalists. She noted that it was a matter of getting it on calendar for a full council interview of four finalists. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED WITH A VOTE OF 4-0 WITH BUCKLEY ABSENT TO DIRECT THE CTTY MANAGER TO UTILIZE THE EXISTING CONSULTANT USED FOR THE CITY MANAGER RECRUITMENT FOR THE CTTY CLERK POSITION AND RETURN WITH RECOMMENDATION ON THE OTHER POSITIO~TS. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:59 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 10:02 P.M. PUBLIC C014IMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Edith Stafford, indicated that it was time for clarification. She questioned the City Attorney on how do you deternune significant exposure to litigation without ~ lrnowing who it is being exposed ta- She indicated that it might be a violation of the Brown Act: She suggested hiring an in house attorney for about 250,000 per year and then the City could afford the branding/marketing which she thought would be very beneficial and brought in revenue. She indicated the City did not nEed a high priced attorney. CTTY MANAGER COMMENTS City Manager Brady commented on the following: 1) He congratulated Vicki Kasad and Ken Seumalo on their appoinrinents. He commented that they would be sorely missed and their absences would be felt. He wished them the best. Page Twenty-eight - City Council Minutes - May 24, 2005 CITY ATTORNEY COMMENTS City Attorney commented on the following: 1) She responded to the closed session question - in each case the City had received written or oral threat of litigation pursuant to the Brown Act. 2) She commented that she'would be happy to discuss with council or the community the legal expenses and pros or cons of in-house or contract services. None. CITY TREASL1ItER COMMENTS City Treasurer Weber commented on the following: 1) He gave an update on the Summerhill bond issues. He noted that he met with the consultant and underwriter today. He ~ndicated that this had been long and extended, but he would get to the bottom of it. He hoped for a completed RFP in two weeks. He noted that the Wasson Canyon money was still there and would be allocated to the people in SummerhilL 2) He noted that V cki Kasad was the first person he had met at City Hall and was nice to him at all times. He commented that she was always able to help him with his requests; and he would miss her. 3) He suggested that the Council kept in mind that the new City Manager would need a lot of leadership skills and finance sawy. He noted a good manager with reai leadership in the financial sector. Page Twenty-nine - City Council Minutes - May 24, 2005 CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She announced the Arts Network poetry contest on May 26, at 6 p.m. at the Cultural Center. 2) She noted that the concerf in the park was moving forward again and detailed the musicians starting in August. 3) Congratulated Ken and Vicki on their new positions and wished them well. Mayor Pro Tem Schiffner commented on the following: i) He noted that in the years when worked for a large city, he had worked with and lrnown several city engineers, managers and clerks. He noted thathe would sorely miss Vicki and Ken. He noted that Ken was here a short time, but he was an outstanding engineer and would continue to be one. He noted he had lrnown Vicki since he came here; and she was a wealth of information and would miss her. Councilman Hickman commented on the following: 1) He indicated that he would miss Ken's golfing. He thanked Vicki for putting up with all the aggravation. 2) He reminded everyone of the Memorial Day service at the cemetery. Councilman Buckiey commented on the following: 1) He thanked Ken and Vicki. He suggested that the new applications include golf handicap. He noted that Ken won the City vs. City tournament every year. Page Thirty - City Council Minutes - May 24, 2005 Mayor Magee commented on the following: 1) Announced the following upcoming events: June 4th - Just for Kids Fishing Derby June 4th - Household Hazardous Waste Collection 9 a.m. to 2 p.m. June Sth - Open Air Market June Sth - INT Water ski and Wakeboard Competition June l lth - Junteenth Celebration June 1 lth - Lake Elsinore Bass Club Tournament June llth - Canyon Lake Wakeboard Club Competition 2) Noted there was a serious gas leak at KB Homes tract, located at Skylark/Palomar: He thanked the public safety personnel and gas company for their assistance. He urged KB to watch their step. 3) He indicated that the Planning Commission and Public Safety Advisory Commission applications would be extended to July 1S` and encouraged the public to apply and noted applications were available in the City Clerk's Office. 4) He noted the community meeting with Mr. Sickle on Macy Street and the incredible ideas that ~ad come from the meeting. 5) He requested that the community remain patient for the Corydon road improvements. 6) He acknowledged City Engineer Seumalo resignarion. He addressed City Clerk/Human Resources Director Kasad and noted her years of service and relationship to the community and noted her resignation was a shock. Page Thirty-one - City Council Minutes - May 24, 2005 ADJOURNMENT The Regular City Council Meeting was adjourned CITY OF ATTEST: ~2~~~!`%/~, ~~.- VICHI KASAD, CI~ZC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE ,~0:14. .m. / G~ :MA MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 14, 2005 *~~*~***~***~*~~~~~*~:~~**~~~~~~~~~~~**:~*****~*:~*~~**~~~*~~***~~**~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:25 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, MAGEE ABSENT: COUNCILMEMBERS: SCHIFFNER Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City negotiator: Special Counsel, Steve Filarsky Employee organization: Laborers' International Union of North America Loca1777. (F:40.1)(F:116.1) b. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City negotiator: City Council Unrepresented employee: City Attorney (F;40.1) Page Two - City Council Minutes - June 14, 2005 c. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9 (3 potential cases) (F:40.1)(F:52.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:30 P.M. The Closed Session discussion was completed at 6:45 p.m. RECONVENE IN PUBLIC SESSION (7:10 P.M.) PLEDGE OF ALLEGIANCE The presenting of the flag and Pledge of Allegiance was led Boy Scout Troop 604. INVOCATION - MOMENT OF SILENT PRAYER Mayor. Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, ' MAGEE COUNCILMEMBERS: BUCKLEY, SCHIFFNER (Councilman Buckley arrived at 7:14 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/CommunicationsManager Dennis, Pa'rks & Open Space ', , Manager Fazzio, Planning Manager Preisendanz, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and Page Three - City Council Minutes - June 14, 2005 Deputy Clerk Ray. PRESENTATION/CEREMONIALS A Presentation - Riverside Countv Transportation Commission. (F:140.19) The presentation by RCTC was postponed to a date uncertain. It was substituted by the Chamber of Commerce Update presented by Thomas Grady. Mr. Grady reported upcoming Chamber events. He congratulated the students of the year. He noted the EDC Luncheon was scheduled to be held June 16th at the Diamond Club. B. Proclamation - Eagle Scout Robert Sandberg. (F:122.1) Mayor Magee called Eagle Scout Robert Sandberg forward for presentation. He read the proclamation and congratulated Mr. Sandberg on this achievement. Mr. Sandberg thanked the Mayor and City Council for this acknowledgement; and for the use of the Cultural Center in which he held his honor court. He also thanked Lake & Aquatic Resources Director Kilroy. C. Proclamation - Amateur Radio Week. (F:122.1) Mayor Magee called Don Foster forward for presentation. He read the proclamation and commended Mr. Foster and others involved with amateur radio on their dedicated volunteer services. Mr. Foster thanked the Mayor and City Council for the proclamation. He noted the importance of volunteers for this serviee. He also commented on how vitally important this service was in the event of a disaster. D. Proclamation - Teacher Appreciation Week. (F:122.1) Councilman Hickman called forward LEUSD Teacher of the Year Curt Nichols to accept the proclamation on behalf of all the teachers. He read the proclamation and commended all teachers for the work that they do. Mr. Curt Nichols thanked the Mayor and City Council for the proclamation. He Page Four - City Council Minutes - June 14, 2005 noted that teachers were the link to the future and past. As part of this presentation Councilman Hiclanan also recognized Rick Wolter, Donna Wolter, and Diana Boggs for the work that they do as teachers, but also for volunteering their time to coach basketball at Elsinore High SchooL E. Proclamation - International Club. (F:122.1) Mayor Magee called forward members of the International Club. He commended the members of this elub for their efforts to improve their knowledge of the English language. He read and presented the proclamation to club member Elsa Sanchez Ms. Sanchez thanked the Mayor and City Council for the proclamation. She gave some history on the International Club. She requested that the community support the club. She requested assistance in advertising the club. She thanked the Mayor for the new roads in her neighborhood. She suggested that anyone who was interested in being a club member or would like to volunteer their rime to ca11490-7385. Mayor Magee thanked Ms. Sanchez for her appreciation on the road improvements, but noted that it was an effort of the full Council. F. Certificate ofAppreciation - International Club Volunteer Teachers. (F:56.1) Mayor Magee aclrnowledged the volunteer services of the teachers. He presented the teachers with Certificates ofAppreciation. G Certificate ofAppreciation - Memorial Dav Sponsor's. (F:56.1) Mayor Magee called forward the sponsor's of the Memorial Day Event. He presented a proclamation to Greg Hamilton of the Elks Lodge. He presented Certificates of Appreciation to 1 st Assembly of God, VFW Post 1508, and American Legion #200. Representatives of the organizations each thanked the Mayor and City Council for the recognition. Page Five - City Council Minutes - June 14, 2005 H. Certificate ofAchievement. (F:56.1) Information/Communications Manager Dennis assisted Mayor Magee in honoring these recipients. Mr. Dennis gave some background on the Korn Scholarship. The Mayor presented the Certificates of Achievement to the recipients. The recipients thanked the Mayor and City Council for this recognition. .I. Presentation - Vicki Kasad. (F:56.1) Mayor Magee called forward Vicki Kasad. He commented that Vicki had been the City Clerk for the City for 18 years as well as the Human Resources Director. He noted the number of Councilmembers that had passed through Vicki's door. He commented that Vicki would be missed. He presented Vicki with a plaque and Key to the City. . J. Presentation - General Plan - Moonev, Jones & Stokes. (F:83.1) (F:68.1) Mr. Mooneygave an overview of the presentation and update. He gave a definition of the General Plan. He noted legal implications and land use elements. He noted the amount of vacant land in the City. He also noted safety in regards to the General Plan. He indicated that their approach was community based. He indicated that community involvement was one of the key elements. He also discussed the historic value of the City. CLOSED SESSION REPORT City Attomey Leibold reported that all matters listed for Closed Session had been discussed with no reportable action. PUBLIC COMMENTS = NON-AGENDIZED ITEMS -1 MINUTE Barbara Anderson, Friends of Lake Elsinore Library, announced upcoming library events. Page Six - City Council Minutes - June 14, 2005 Donna Franson, 7 Villa Valtilena, commented on the General Plan Workshop. She suggested all residents attend the workshops. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:14 P.M. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER SCHIFFNER ABSENT TO APPROVE THE CONSENT CALLENDAR AS PRESENTED, WITH THE MINUTES CORRECTED AS NOTED IN THE EARLIER STUDY SESSION. The following Minutes were approved: a. Joint City CounciURedevelopment Agency Study Session - May 10, 2005. b. Regular City Council IVleeting - May 10, 2005 2. Ratified Warrant List for May 31, 2005. (F:12.3) Approved Final Map No. 31706-3, a residential subdivision byPardee Homes, located north of Canyon Hills Road and east of Railroad Canyon Road in the Cottonwood Canyon Specific Plan. (F:138.2) 4. Approved Final Map No. 31706-4, a residential subdivision by Pardee Homes, located north of Canyon Hills Road and east of Railroad Canyon Road in the Cottonwood Canyon Specific Plan. (F:138.2) 5. Approved Fee Deposit and Reimbursement Agreement with EVMWD and Castle and Cooke Alberhill Ranch, LLC. (F:68.1) 6. Authorized an Agreement with HTE, Inc. Contract No. LKEL-20050212 Page Seven - City Council Minutes - June 14, 2005 and Contract No. 20050511 Supplemental Agreement for Navfiline Select, QRep and DMS software. (F:68.1) 7. Authorized City Manager to sign application and City Clerk to execute the document. Approved an Agreement with T.GA. Development & Engineering, Inc to provide Plan Check Services to the Engineering Division. (F:68.1) 9. Approved Final Map No. 30395, an Industrial Complex located west of Pasadena Street and north of Third Street. (F:86.2) 10. Approved Resolution No. 2005-48 prohibiting parking on the east side of Grandview Avenue from Half Moon Drive south to the end and on both sides of Skylark Drive from Palomar Court north to the end of the pavement. (F:112.1) 11. Approved Improvement Reimbursement Agreement Parcel Map 30187, for the design and construction of the Master Planned Storm Drain facility on Chaney Street in vicinity of Flint Street. (F:68.1) (F:100.2) 12. Approved Improvement, Reimbursement, and Cooperation Agreement for construction of "Hunco Way" Storm Drain. (F:68.1) (F:100.2) 13. Authorized the use of $2,500 of unallocated revenues for sponsorship of the Temescal Canyon High School Grad Night. (F:142.1) PUBLIC HEARINGS 21. A Resolution of the City Council of the City of Lake Elsinore to Vacate a portion 3rd Street east of Collier Avenue for the construction of a Water and Sewer Pump Station. (F:10.1) City Attorney Leibold gave an overview of the item. She referred to the staff report and indicated that on April 21 st, EVMWD adopted a Resolution of Necessity. She noted staff recommendation to the City Council. Page Eight - City Council Minutes - June 14, 2005 Mayor Magee opened the public hearing at 8:15 p.m. John O'Doherty, 19025 Grovewood Drive, Corona, commented that construction was ongoing and he had not been approached by the City. He indicated that it was the responsibility of the Council to protect the citizens. Cheryl Kirkpatrick noted that eminent domain proceedings were taken by EVMWD and she would be filing an objection for her client. Mayor Magee closed the public hearing at 8:20 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BYA VOTE OF 4-0 WITH COUNCILMEMBER SCHIFFNER ABSENT TO ABANDON THE VACATION PROCEEDINGS. Councilman Buckley questioned if Council should continue the item to the next Council meeting to receive more information on the item before abandoning it. City Attorney Leibold reiterated staffs recommendation. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-0. BUSINESS ITEMS 3 L 2005 4`h of July Celebration. (F:62.1)(F:68.1) City Manager Brady gave an overview of the item. He noted the numerous complaints received from the public regarding the decision to not offer the fireworks show on the 4th. He indicated that the Mayor had requested the item back on the agenda for reconsideration. Chris Hyland, Lake Elsinore, commented that she was in support of the event and urged the Council to move forward with the celebration. She indicated that it brought a lot of people into Lake Elsinare, which benefited the local businesses. Page Nine - City Council Minutes - June 14, 2005 Councilwoman Kelley commented on the numerous emails she had received in support of the event. She indicated that she would be happy to endorse the event. She questioned parking and conflict with the Storm Fireworks show. Community Services Director Sapp indicated that he had met with the Storm and had they had come to an agreement. He noted that Pyro Spectaculars had done the show last year. He indicated that the Boat Parade was moving forward. Councilman Buckley questioned when the show would start. Mr. Sapp indicated that the show would start at 9:30 p.m. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER SCHIFFNER ABSENT TO APPROVE THE JULY 4TH FIREWORKS SHOW AND AUTHORIZE STAFF TO ENTER INTO AN AGREEMENT WITH PYRO SPECTACULARS IN THE AMOUNT OF $20,000 TO FUND THE EVENT. Councilman Hickman indicated that he had always supported the item along. with Councilman Buckley Mayor Magee thanked staff for getting the item back before Council. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-0. 32. (F:223) Administrative Services Director Pressey indicated that staff would like to conrinue the item until the June 28th meeting. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER SCHIFFNER ABSENT TO CONTINUE THE TTEM UNTIL JUNE 28TH CITY COUNCIL MEETIN~ 33. Potential Site for Boys and Girls Club. Page Ten - City Council Minutes - June 14, 2005 Councilwoman Kelley indicated that she would like to continue the item for two weeks. She indicated that additional information was needed and she would go out and get that requested information. She indicated that she . would bring back an oprion site, business plan and speakers to respond to questions that the City Council might have. Leonard Leichnitz, Lake Elsinore commented that he was excited about the possibility of the Boys and Girls Club coming to Lake Elsinore. He offered to volunteer his services. He indicated that it ranked in the top few organizations in the country. He noted some of the services and opportunities offered by the Boys and Girls Club. He encouraged the City to move forward. Councilman Buckley noted that the site was near a 20 acre piece of property that had recently sold for $4 million. He suggested scheduling a Study Session in July. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER SCHIF'FNER ABSENT TO SET A STUDY SESSION IN JULY, DIRECT THE CTTY ATTORNEY TO GET A LEGAL OPINION ON PROPERTY DONATIONS, AND AUTHORIZE THE FUNDS FOR APPRAISAL AND REQUEST THAT THE BOYS AND GIRLS CLUB AND THE FEASIBILITY COMMITTEE DESIGNATE A POTENTIAL OPTIONAL SITE AND CREATE A BUSINESS PLAN AND A PRESENTATION FOR THE STUDY SESSION. Mayar Magee indicated that he was concerned with taking time and spending the money on something the Council could designate to help the children in our valley. He indicated that Supervisor Buster had taken a look at this particular property for a homeless shelter and passed, because he did view it as being feasible and wanted the City to improve on somethings before they would look at it. He indicated that he felt the Council would be accommodating the Boys and Girls Club by earmarking the site. He indicated that he would not stand in the way of the motion, but he did not understand all the road blocks. Page Eleven - City Council Minutes - June 14, 2005 Councilman Hiclanan commented that he had the Boys and Girls Club approach the City two years ago and they received no response and no one was interested. He indicated that he would prefer the study session to ensure that it was done correctly. THE FOREGOING MOTION CARRIED BY A VOTE OF 4-0. 34. Personnel Recruitment and Reor~anization. (F:116.1) City Manager Brady gave an overview of the item. He indicated that the recruitment for the City Engineer position had already been initiated. He indicated that for the City Clerk position that the Council might want to create a subcommittee made up of two Councilmembers to work with the recruiter. He indicated that the Council would need to establish a compensation package for the City Clerk position. He indicated thaf the _ _ recruiter had provided in the staffreport job descriprions for the position. He indicated that the Human Resources function be placed under the Administrative Services Department. He further indicated that staff was recommending that a senior level analyst position be hired for the Human Resources function; the recommendation also included raising the pay and modifying an existing position from Payroll Specialist to Management Analyst. He noted that the individual currently in this position handled a number of functions related to personnel. He noted that the requirements and responsibilities for this position would increase, so staff was recommending that the grade level be raised. City. Manager Brady indicated that staff was recommending a Part-time Office Specialist position which would assist with Human Resources and other functions in the Administrative Services Department. He noted that the Administrative Services Department was the only department that did not have a specific clerical person idenrified. He noted the cost to the City for the positions. Edith Stafford, Lake Elsinore, commented that a lot of reorganization needed to be done. She indicated that she had been made aware that there was conflict among employees and the Interim City Manager for fear of being Page Twelve - City Council Minutes - June 14, 2005 terminated from their position under duress working conditions. She indicated that some employees had signed a petition to retain the Interim City Manager as permanent City Manager against their desire and wi1L She indicated that employees were walking on egg shells. She indicated that she did not lrnow who the employees were. She suggested that any employee should contact her for help and protection for wrongful ternunation. She indicated that certain Councilmembers were aware of rriisuse of credit cards and other issues, but refused to do anything. She indicated that the Junteenth Celebration had recently taken place, which represented the freedom from slavery. City Treasurer Weber noted that there would be an $84,000 increase and the City could not afford it. Councilwoman Kelley suggested establishing the subcommittee as proposed anci have the subcommittee direct staff to prepare a revised job description as recommend, and have the subcommittee review the different posirions and advancement that had been proposed and come back to the Council. Councilman Buckley concurred with Councilwoman Kelley. He indicated that he fully support the splitring of the position. He questioned the need for the Part-time Office Speeialist. Councilman Hickman indicated that he would volunteer for the subcommittee. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED WITH A VOTE OF 4-0 WITH COUNCILMEMBER SCHIFFNER ABSENT TO ESTABLISH A SUBCOMMITTEE OF COUNCILWOMAN KELLEY AND COUNCILMAN HICKMAN TO REVIEW THE CITY CLERK POSITION AND SALARY AND BENEFITS AND BRING BACK TO THE COUNCIL SOME DIFFERENT SCENARIOS FOR THE COUNCIL TO CHOOSE IN ADDITION TO HUMAN RESOURCES. Page Thirteen - City Council Minutes - June 14, 2005 35. General Fund and LLMD Operatin~get for Fiscal Year (F~ 2005-06 and Ca itp al Improvement Projects (CIPI Bud~et for FY 2005-06 throu~h 2009-10. (F:22.2)(F30.2) Administrative Services Director Pressey commented that he was pleased to present Council with a balanced budget for FY 2005-06. He indicated that the Fire Deparhnent had the largest increase and the Police Deparhnent would be adding three additional shifts to the service. He noted that there had been three Study SeSsions on the budgef. He indicated that the budget was projected through 2010. He indicated that the projections were warse case scenario projecrions. He indicated that the City was warking with the County to discuss cost sharing. City Treasurer Weber referred to charts in which he had created. The charts showed graphs for revenues and expenditures. He indicated that the budget was balanced, but only because the City was not allocating $3.5 million to build the Rosetta Canyon Fire Station. He indicated that the responsibility of safety was being delayed to ensure a balanced budget. Councilman Buckley indicated that he had never voted for a budget before, but he might be voting for this budget. He indicated that he was concerned about the fizture. He indicated that when the Stadium was sold the City would be saving $800,000 annually. Councilman Hickman concurred with the comments made by City Treasurer. Weber. He expressed his concerns for growing the community for the safety of the citizens. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED WITH A VOTE OF 4-0 WITH COUNCILMEMBER SCHIFFNER ABSENT TO ADOPT THE PROPOSED GENERAL FUND AND LLIVID OPERATING BUDGET FOR FISCAL YEAR 2005-06 AND THE 5 YEAR CiP BUDGET FOR FISCAL YEARS 2005-06 THROUGH 2U09-10. Councilwoman Kelley indicated that staff and Council had always been conservative with the budget. Page Fourteen - City Council Minutes - June 14, 2005 Mayor Magee indicated that revenue was up and the budget was balanced for the second straight year. He indicated that for the third straight year the City was putting more deputies on the streets. He indicated that the Canyon Hills Fire Starion would be opening next Monday and it was fully funded. He noted the adding of staff to the Community Services and Community Development Depariments. He also noted the funds to improve the boat launch at the campground and funds far the Lincoln Street Park. He noted the pavement overlay. He noted the interchange enhancements of Grand Avenue and Ortega Highway. THE FORGOING MOTION CARRIED WITH A VOTE OF 4-0. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:D1 P.M. THE REGULAR CTTY COUNCIL MEETING RECONVENED AT 9:14 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Andrew Pigeot, 16348 Stevens Street, commented that there was a manufactured home at 16350 Stevens Street that had been under construcrion for mare than eight months. He indicated that the builder attempted to put in a septic tank and during the rain and the pit they had created became a mosquito infested swamp until it was pumped several months later. He indicated that the neighbors were concerned if the codes had been enforced properly for that property and if the proper pernut$ had been issued. Mayor Magee directed Mr. Pigeot to City Engineer Seumalo. He requested that the information be given to Mr. Seumalo and a staffmember wouid follow up. He advised Mr. Pigeot to contact him if he had not received a response back from City staff. Paula Graver, Lake Elsinore, commented that she had attended a 10 state, 10 day support of the troops rally. She noted that every town they entered lined the streets and overpasses with people and signs to greet them, giving them a home coming they should have received 30 years aga Page Fifteen - City Council Minutes - June 14, 2005 Edith: Stafford, Lake Elsinore, commented on a comment made by Mayor Magee in a recent newspaper article. She indicated that the Mayor was not strong enough to make the necessary cuts in the budget the City needed to make now to ensure the safety of citizens. She indicated that the budget was balanced, but not because of responsible fiscal planning. She suggested that the Mayor listened to the opinions made by the City Treasurer. She noted that he had not been wrong yet. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) He commented on the golf tournament and congratulated the individuals that participated. CITY ATTORNEY COIVIMENTS City Attorney commented on the following: 1) She wished Ken success in his new position. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) He commended Ken for not taking the Health & Wellness. He indicated that he would be missed. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She congratulated Ken and wished him well. Page Sixteen - City Council Minutes - June 14, 2005 2) She congratulated all the graduates in the valley. Councilman Hickman commented on the following: 1) He congratulated Mr. Seumalo. Councilman Buckley commented on the following: 1) He congratulated Mr. Seumalo. 2) He recommended that citizens attend the General Plan Advisory Committee public vision session that would be held at the Diamond Stadium at 10 a.m., June 19th 3) He commented that thefinalist for the City Manager posirion would be available after the meeting for the public to meet. Mayor Magee commented on the following: 1) He congratulated Mr. Seumalo. 2) He commerided the Lake & Aquatic Resources Deparhnent for applying to FEMA to take care of some of the repair work from the damage created by the winter rains. He indicated that the funds were starting to come in. 3) He thanked sfaff for organizing a meeting with himself, CalTrans and the electives from Canyon Lake. He indicated that they were working with CalTrans to expedite the improvements at Railroad Canyon Road and Interstate 15, and Interstate 15 and Highway 74. 4) He commended Police Chief Fetherolf and his department for the drug sweep on Riyerside Drive and Main Street. He indicated that seven perpetratars were placed behind bars. 5) He commended Administrative Services Director Pressey and his staff Page Seventeen - City Council Minutes - June 14, 2005 on the budget. 6) He recognized the efforts of County Supervisor Stone. He indicated that he was working on the adoption of legislation that would allow for a local television channel to locate and broadcast through Elsinore Valley, Murrieta, and Temecula and to the San Jacinto Valley. He had included representatives from each one of the cities listed. He noted that he would be representing Lake Elsinore and looked forward to serving on the committee. 7) He requested that home viewers contact the City regarding the volume of the broadcast of Council Meeting. 8) He commented that Elsinore High School and Temescal Canyon High School would be holding their graduation Thursday, June 16`h at Diamond Stadium. ADJOURNMENT The Regular City Council Meeting was CITY OF ATTEST: ~ ; ~' ~ ~ FRED Y, DEPUTY CITY CLERK CITY OF LA ELSINORE at 9:27 p.m. GEE, MAYOR ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, JUNE 15, 2005 **~**~; *****~:~*~*:~~*:~~:~~*:~~*:~**:~~*:~~~**~~*~: *:~~*:~~*:~~*~~~**~: *~**~**:~ CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 4:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Also present were: Deputy City Clerk Ray. CLOSED SESSION BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE A. PUBLIC EMPLOI'EE APPOINTMENT (Government Code § 54957) Title: City Manager Mayor Magee announced the Closed Session discussion item as listed above. THE SPECIAL CTTY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 4:04 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 9:34 P.M. CLOSED SESSION REPORT Page Ttvo - Special City Council Minutes - June 15, 2005 Mayor Magee announced that the Public employee appointment, as listed above was discussed in Closed Session and continued to June 20, 2005 with no reportable action. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 9:35 P.M. ~ ROBERT E. MAG , MAYOR CITY OF LAKE SINORE ATTEST: ~'~~/C~~ ' FREDERICK ~, DEPUTY CITY CLERK CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, JUNE 20, 2005 :~~~*:~~~*:~~: ***~*~~~*~~*:~~***~*~*:~~:~~*:~~~*:~*****:~~*:~~***:~~: *****~**~* CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Attorney Leibold, Deputy City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957) Title: City Manager City Attorney Leibold announced the Closed Session discussion item as listed above. THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:05 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 6:00 P.M. Page 'I~vo - Special City Council Minutes - June 20, 2005 CLOSED SESSION REPORT City Attorney Leibold announced that the Closed Session discussion was held as listed on the agenda, with no reportable action. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 6:01 P.M. ~ ROBERT E. MAGEE AYOR CITY OF LAKE EL ORE ATTEST: . ~ DE~ Y, DEPUTY CITY CLERK CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 28, 2005 ***~**:~*~~*~::~~:~*:~**~:~~**~~*~*~*~*~*~**~**~:~*~~:~~:~*~*~****~~~*~~:~:~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:30 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, Assistant City Attorney Van Blarcom, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Public Works Manager Payne, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. PUBLIC EMPLOYEE APPOINTMENT (Gov't Code § 54957) Title: City Manager.(F:68.1)(F:116.1) b. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City negotiator: Special Counsel, Steve Filarsky Employee organization: Laborers' International Union of North America Loca1777.(F:40.1)(F:116.1) Agenda Item No. Page of Page Two - City Council Minutes - June 28, 2005 c. CONFERENCE WTTH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9 (1 potential case).(F:40.1) d. CONFERENCE WTTH LEGAL COUNSEL - EXISTING LITIGATION -(Subdivision (1) of Gov't Code § 54956.9) O'Doherty v. City of Lake Elsinore (Riverside Superior Court Case No. RIC 431834).(F:40.1) City Attorney Van Blarcom announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:15 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Magee. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. Mayor Magee respectfully requested that everyone remembered Mr. David Gonzales, the littie boy that had passed away in Big Bear. He commented that they were concurrently holding memorial services at this time. ROLL CALL PRESENT: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Agenda Item No. Page_ of Page Three - City Council Minutes - June 28, 2005 Also present were: City Manager Brady, Assistant City Attorney Van Blarcom, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Public Works Manager Payne, City Treasurer Weber and Deputy City Clerk Ray. PRESENTATION/CEREMONIALS A. Proclamation.(F:122.1) Mayor Magee called Lake & Aquatic Resources Directar Kilroy forward for presentation. He commented that the Lake was not only the center of our town, but also the life blood that helps drive this economic engine. He noted that the Lake was very important to all of the residents. Mayor Magee read and presented the Proclamation. Mr. Kilroy thanked the Mayor and City Council on behalf of the Lake Department. He recognized two of the Lake Department personnel, Leo Solorzano. He indicated that Mr. Solorzano was instrumental in restructuring the fishery and over the last 3 years had harvested 1.1 million pounds of carp from the lake. He indicated that Sallie Davis was an equipment operator, whose responsibility was to maintain the shoreline and signage throughout the Lake Department. He gave them a round of applause. CLOSED SESSION REPORT City Attomey Van Blarcom announced that the City Council met in closed session regarding four items. City Attorney Uan Blarcom reported that there was no reportable action on items a tl~rough c. He noted that closed session Item a was also agendized as Business Item No. 31 on the agenda. City Attorney Van Blarcom reported that there was reportable action on Item d in compliance with Government Code Section 54957.1 A2. He indicated that approval was given with a unanimous vote for the legal counsel to defend the lawsuit as listed. He noted that the complaint was served to the City on June 23~a Agenda Item No. Page of Page Four - City Council Minutes - June 28, 2005 the case also named EVMWD and Centex Homes. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Phil Williams, EVMWD, congratulated City Manager Brady on his appointment. He indicated that he had passed out an invitation to the Council for the 2nd Annual Riverside County Water Symposium. Joseph Boice, Lake Elsinore, directed his comment to Mayor Magee. He indicated that Mayor Magee sat at the dais a few weeks ago and indicated that he was going to bring the dignity back to Lake Elsinore with the City Council for which it had lacked in the past. He noted that when the Council approved the CUP for the gas station on Summerhill Drive he lost all the dignity he thought he might have had. He also commented that Mayor Pro Tem Schiffner owed the people of Tuscany Hills an apology for his derogatory remark about the residents in Tuscany Hills. He indicated that the comments were not appropriate for an elected official. JJ Swanson-O'Neal, representative of the Lake Elsinore Historical Society, noted that the Historical Society traditionally held their meetings the first Tuesday of the month at 1 p.m. in their new facility located in the basement of the Cultural Center. She indicated that they would start holding night meetings every quarter. She noted that the first evening meeting would be held on July 7th, at 7 p.m. Ruth Atkins, Lake Elsinore, commented that she was there to represent the Lake Elsinore Arts Network. She noted that the summer concert series started Saturday, August 13th. Joyce Hohenadl, Lake Elsinore Cirizens Committee, commented that the Citizens Committee had sent out its third news letter which had a survey on the back. She indicated that they had received 251 responses in addition to nine anonymous responses. She indicated that a tally of the responses would be given to the City Council. She noted that if anyone wanted to complete a survey to contact Donna Franson at (951) 674-1989. Charlene Cleary, Lake Elsinore Historical Society and Riverside County Historical Agenda Item No. Page of Page Five - City Council Minutes - June 28, 2005 Commission, commented on the military academy. She noted that there was graffiti on the roof of the building. She indicated that she contacted Mr. Leway, the Project Manager at the Garrett Corporation. She noted that he was supposed to send someone out today. She indicated that she had discussed the security alarm on the building and was informed that it had been stolen for the second time. She noted that friends in the area were considering fornung a group with the Historical Society called Friends of the Military Academy. She suggested that if there were individuals interested to contact the Historical Society ar her personally at 678- 4020. She also commented on the Machado Adobe. She noted that the properiy was potentially nominated for the national registry. Ron LaPere, 16867 Wells Street, commented on his time as it related to working with kids. He encouraged the Council to take into consideration the possibility of leasing a building for a couple of years, to see if the Boys and Girls Club would take off and go in a positive way. Sam Romero, Lake Elsinore, congratulated City Manager Brady. He indicated that his comments were not in anyway meant to demean the City Manager. He requested that Councilman Buckley explained to the residents of Lake Elsinore how he and Mr. Rasmussen derailed the process on the selection of the hiring of the City Manager. He indicated that he went over to the local watering hole and grossly misused his authority, and any authority he might have. He indicated that the citizens were owed an apology. He indicated that Closed Session Items were meant for Closed Session, not for his friends or any special interest people he might lrnow. He indicated that Councilman Buckley should be ashamed of himself. He commented to the Mayor that a suit, tie and a gas station did not make him the man of fine rules and integrity that he was. CONSENT CALENDAR TTEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5 and 11. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY Agenda Item No. Page_ of Page Six - City Council Minutes - June 28, 2005 UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Budget Study Session - May 19, 2005. b. Joint City Council/Redevelopment Agency Study Session - May 24, 2005. 2. Ratified Warrant List for June 15, 2005.(F:123) Approved Final Map 31706, a residential subdivision by Pardee Homes, located north of Canyon Hills Road and East of Railroad Canyon Road in the Cottonwood Canyon Specific Plan.(F:160.2) 4. Approved Final Map 31706-5, a residential subdivision by Pardee Homes, located north of Canyon Hills Road and East of Railroad Canyon Road in the Cottonwood Canyon Specific Plan.(F:160.2) Authorized an Agreement with Jehn Engineering for City Engineering Services to the City of Lake Elsinore.(F:68.1) 7. Adopted Resolution No. 2005-50, approving the Engineer's Report for the City Wide LLMD; and Resolution No. 2005-51, declaring Council's intention to provide for an Annual Levy and Collection of Assessments in the City Wide LLMD; and Resolution No. 2005-52, approving the Engineer's Report for the LLMD No. 1; and Resolution No. 2005-53, declaring its intention to provide for an Annual Levy and Collection of Assessments in the LLMD No. 1.(F:22.2) RESOLUTION NO. 2005-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2005-06 IN Agenda Item No. Page_ of Page Seven - City Council Minutes - June 28, 2005 A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 2005-51 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, DECLARING TTS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. RESOLUTION NO. 2005-52 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2005-06 IN A DISTRICT WITHIN SAID CITY. RESOLUTION NO. 2005-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISITING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. 8. Adopted Resolution No. 2005-54, to establish CFD 2005-5 (Villages at Wasson Canyon); and Resolution No. 2005-55, to incur bonded indebtednes s. (F :22. 3 ) Agenda Item No. Page_ of Page Eight - City Council Minutes - June 28, 2005 RESOLUTION NO. 2005-54 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYO~ RESOLUTION NO. 2005-55 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $8,500,000 WITffiN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON). Schedule the public hearing on the District Formation for August 9, 2005. 9. Adopted Resolution No. 2005-56, to annex property from Annexation Area No. 13 (Villages at Wasson Canyon) into the CFD 2003-1.(F:22.3) RESOLUTION NO. 2005-56 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 13 (VILLAGES AT WASSON CANYON). Schedule the public hearing on Annexation Area No. 13 for August 9, 2005. 10. Adopted annual investment policy.(F:12.5) 12. Authorized the use of $2,500 of unallocated revenues for sponsorship of the EVAN Summer Concert Series known as Music with a View.(F:62.1) Agenda Item No. Page_ of Page Nine - City Council Minutes - June 28, 2005 13. Authorized City Manager to execute an agreement with LSA Associates to prepare CEQA Compliance Documents for Zone Change No. 2005-02 and Tentative Map No. 33486 (APN 379-150-001,002,041,042,043,044) in the amount of $13,900. (F:68.1) 14. Authorized City Manager to execute the amendment for CEQA Compliance Documentation Services - Mitigated Declaration to HDR Engineering, Inc. in the amount of $14,954.(F:68.1) ITEMS PULLED FROM THE CONSENT CALENDAR 5. Approval of Final Map 32008, a residential subdivision by Corman Leigh, located west of Riverside Drive and Lakeshore Drive.(F:160.2) Councilman Buckley indicated that there had seemed to be some drift from concept of the map on this project. He indicated that the tentative map had already been approved. He noted the location of the project. He indicated that he would abstain from voting on the project. Mayor Magee suggested continuing the item to allow the applicant or its representative to explain the issue. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE JULY 12TH MEETIN~ i l. Fiscal Year End Budget Adjustments.(F:30.1)(F:30.2) Mayor Magee indicated that staff had identified an additional $565,000 of unrestricted and unallocated revenue. He indicated that Council had discussed setting those funds aside in a special reserve fund for the Lake Management Fee that the City and EVMWD agreed to waive this year. Councilman Buckley clarified that there would be a separate account for the $565,000 for next year. Agenda Item No. Page of Page Ten - City Council Minutes - June 28, 2005 MOVED BY SCHIFFNER, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FISCAL YEAR END BUDGET ADJUSTMENTS AS PROVIDED IN THE REPORT. PUBLIC HEARINGS 21. General Plan Amendment No. 2005-01; and Amendment No. 3 to the Canyon Creek Specific Plan No. 85-1; and Tentarive Tract Map No. 32077; and Mitieated Negative Declaration No. 2005-01. (F:160.2) Mayor Magee opened the public hearing at 7:30 p.m. Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave some background information on the item. He noted that the Planning Commission had heard the item on June 215`, and approved of staff recommendations. Planning Manager Preisendanz indicated that at a previous Study Session there was discussion of secondary access; and due to that discussion staff and the applicant agreed to the following addition to the Conditions of Approval: Condition of Approval No. 40 - Primary and secondary access roads shall be fully constructed and open to the public prior to the issuance of the 66`h Certificate of Occupancy. Rick Shedore, La Strada Pariners, thanked City Manager Brady and staff for their hard work on the project. He indicated that La Strada Partners did accept Condition No. 40 as proposed. Councilman Hickman inquired if the applicant had a price range for the homes. Mr. Shedore commented the price range was $600,000 to $700,000. Mayor Pro Tem Schiffner commended the applicant's design team and City staff for working together and agreeing to the new condition. Councilman Hickman inquired about the acreage far habitat. Mr. Schedore Agenda Item No. Page_ of Page Eleven - City Council Minutes - June 28, 2005 commented that La Strada Partners was donating 75'/z out of 140 acres and was developing 64'/z acres. Councilman Buckley complimented La Strada Pariners on their before and after concept, which reflected what the future product would look like. Vida Boyce, Lake Elsinore, commented that the developer was doing a good job. She suggested that future builders might want to consider solar panels on recreation centers to help with energy shortages. Mayor Magee closed the public hearing at 7:35 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE ADOPT RESOLUTION NO. 2005-57. RESOLUTION NO. 2005-57 A RESOLUTION OF THE CTTY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-O1 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR GENERAL PLAN AMENDMENT NO. 2005- O1, AMENDMENT NO. 3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, AND TENTATIVE TRACT MAP NO. 32077, ON APPROXIMATELY 140+ ACRES LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363-020-008. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE ADOPT RESOLUTION NO. 2005-58. Agenda Item No. Page_ of Page Twelve - City Council Minutes - June 28, 2005 RESOLUTION NO. 2005-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WTTH THE MULTI-SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO. 2005-O1, AMENDMENT NO. 3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, AND TENTATIVE TRACT MAP NO. 32077, LOCATED AT APN 363-020-008. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE ADOPT RESOLUTION NO. 2005-59. RESOLUTION NO. 2005-59 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2005-O1, CHANGING THE CLASSIFICATION OF LA STRADA ROAD ON THE GENERAL PLAN CIRCULATION ELEMENT, FROM ~~MAJOR ROADWAY" TO "MODIFIED SECONDARY ROADWAY" FROM SUMMERHILL DRIVE TO FRANKLIN STREET. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE ADOPT ORDINANCE NO. 1151. ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD AVENUE, AND SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363-020-008. Agenda Item No. Page_ of Page Thirteen - City Council Minutes - June 28, 2005 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE ADOPT RESOLUTION NO. 2005-60. RESOLUTION NO. 2005-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 32077, AS AMENDED WITH THE ADDITION OF CONDITION OF APPROVAL NO. 40, A SUBDIVISION OF 134 RESIDENTIAL LOTS, A NEIGHBORHOOD PARK/RECREATIONAL FACILITY, WATER TANK AND BASIN SITES, AND APPROXIMATELY 75.5 ACRES OF OPEN SPACE, ON APPROXIMATELY 140+ ACRES LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD, AND SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363-020-008. CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 32077 A subdivision of 140+ acres into 134 residential lots, a recreational facilitv/nei~hborhood park, water basin, and seven (71 open sqace lots. APN 363-020-008 Revised bv the Citv Council. 6-28-OS Agenda Item No. Page_ of Page Fourteen - City Council Minutes - June 28, 2005 PLANNING DIVISION Tentative Tract Map No. 32077 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the final map, he shall comply with this Condition, shall design the phasing consistent with Amendment No. 3 to the Canyon Creek Specific Plan No. 85-1, and shall comply with the requirements of the SMA. Tentative Tract Map No. 32077 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 32077, which action is brought within the time period provided for in California Govemment Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Deparhnent secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. The applicant shall comply with the Mitigation Monitoring and Reporting Program (MIVIRP) adopted for this project, as printed with Mitigated Negative Declaration No. 2005- Ol, unless superseded by these Conditions. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in arder to monitor and report compliance to the City until the Agenda Item No. Page_ of Page Fifteen - City Council Minutes - June 28, 2005 completion of the project. This map must comply with the Development Standards for Amendment No. 3 to the Canyon Creek Specific Plan No. 85-1. The applicant shall sign and return an"Acknowledgment of Conditions° to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: The applicant shall comply with all requirements of the Riverside County Fire Department as listed in their transmittal of June 3, 2005. Additionally, the following requirements shall be implemented per Fire Department approval dated June 8, 2005: a. Cul-de-sacs as designed in the map shall be permitted provided that Lots 37 thru 40, 108 thru 118, and 125 thru 128 have fire sprinklers installed. b. Lots 111 thru 116 shall maintain a 50 to 60-foot separation from the rear property line to the residence. c. Portions of Streets "A," "B," "C," and "D" may exceed 9% grade but shall not exceed 14% grade as approved by the Fire Department. d. The project may utilize Bella Vista and the roadway proposed in Tentative Tract Map No. 25473 as a secondary access road. e. The plant palette as listed in the Canyon Creek Specific Plan 85-1, Amendment No. 3 shall be planted in fuel modification zones. All lots shall comply with minimum development standards approved with Amendment No. 3 to the Canyon Creek Specific Plan No. 85-1. Wherever the Specific Plan is silent, the standards of the Rl Single Family Residential zone shall apply. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. Agenda Item No. Page of Page Sixteen - CiTy Council Minutes - June 28, 2005 The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or shall coordinate with the appropriate agency approved by the Community Development Director or his designee, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA for such service. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Directar and so noted on the Final Map. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. Where such slopes are within MSHCP Conservation areas, the applicant shall confer with the Community Development Director or his designee regarding appropriate methods to re-establish natural vegetation, consistent with the MSHCP Guidelines. PRIOR TO GRADING AND BUILDING PERMITS: The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. Upon violation by the applicant of the City's Noise Ordinance or Condition of Approval #17, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a$5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. Prior to the issuance of a grading permit, the applicant shall have a burrowing owl survey prepared by a licensed biologist, and submitted to the Community Development Deparhnent. Prior to the issuance of a grading permit, the applicant shall prepare a Determination of Agenda Item No. Page of Page Seventeen - City Council Minutes - June 28, 2005 Biologically Equivalent or Superiar Preservation (DBESP) report and submit the report to the Community Development Department. Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. The applicant shall comply with the requirements of the Lake Elsinore Unified School Dish-ict under the provisions of SB SQ wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. The applicant shall provide connection to public sewer far each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). The EVMWD Service Commitment Letter dated 12-8-04 is on file for this tract. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/ar the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. The applicant shall meet all requirements of the providing electric utility company. The applicant shall meet all requirements of the providing gas utility company. The applicant shall meet all requirements of the providing telephone utility company. A bond is required guaranteeing the removal of all trailers used during construction. All signage shal] be subject to Planning Division review and approval prior to installation. Landscape Plans for the tract shall include vegetative screening of retention basins and service roads consistent with that depicted in Amendment No. 3 to the Canyon Creek Agenda I[em No. Page of Page Eighteen - City Council Minutes - June 28, 2005 Specific Plan No. 85-1. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shal] be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: All future structural development associated with this map requires separate Design Review approval. Elevation drawings for Design Review shall include four-sided azchitectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director ar his designee on a case-by-case basis, this condition may be waived. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. Downslopes adjacent to streets shall be maintained by the HOA. Lots 27, 49, 64, 81 and 86 shall provide landscape easements to address this requirement. The developer shall interface with the Police Deparirnent to address crime prevention recommendations at the site, as noted in their transmittal dated September 14, 2004. A detailed fencing plan shall be required for review and approval during the Design Review process. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. Agenda Item No. Page_ of Page Nineteen - City Council Minutes - June 28, 2005 b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction azeas. d. Construction traffic shall avoid entering existing Tuscany Hills neighborhoods to access the site whenever feasible. If Greenwald and Bella Vista are open to traffic, construction vehicles shall utilize these roadways, or provide a Construction Traffic Plan for review and approval by the Community Development Director. Primary and secondary access roads shall be fully constructed and open to the public prior to the issuance of the 66`h Certificate of Occupancy for this tract. (Added by the City Council, 6-28-OS) ENGINEERING DIVISION Dedicate full half-width right-of-way for La Strada Road and transition to full right-of-way (Modified Secondary Roadway of 90') within the developable area. Dedicate full width right-of-way of La Strada Road (Modified Secondary Roadway of approximately 68') within the open space area with a transitional road width between the developable and open space areas. Dedication width of La Strada Road shall comply with the mitigation measures described in the final Mitigated Negative Declaration. Construct full half-width road section for La Strada Road transitioning to full width as the roadway alignment diverges from the northerly property line within the developable area. The applicant shall pay cash in-lieu of construction for the median. The tract shall provide for the funding of its fair share, as defined in the Community Facilities District (CFD) Special Tax Report or other similar agreement, of La Strada Road improvements through the formation of a CFD prior to the issuance of the first Certificate of Occupancy. La Strada Road improvements through the open space area shall include full width improvements (right-of-way of approximately 68') in accordance with the Modified Secondary Street Section Exhibit agreed upon by the City Traffic Engineer and the developer. Agenda Item No. Page_ of Page Twenty - City Council Minutes - June 28, 2005 If the CFD does not provide an alignment study for La Strada Road at the time that the developer is ready to construct the northern portion of La Strada Road, the developer shall have such an alignment study completed and submitted for review and approval prior to the submittal of street improvement plans and grading permit. The project shall participate in the phased construction of the following off-site intersection improvements through payment of established City of Lake Elsinare fees and participation in the Transportation Uniform Mitigation Fees (TLTMF) Program, or construction of off- site facilities under appropriate fee credit agreements: ^ I-15 Southbound Ramps (NS) at: Railroad Canyon Road (EW) 2"a Southbound exclusive left turn lane Southbound dedicated right turn lane • I-15 Northbound Ramps (NS) at: Railroad Canyon Road (EW) 2"a Northbound right-turn lane 2°a Eastbound left tum lane 3`d Eastbound through lane ^ "E" Street (westerly project driveway) (NS) at: La Strada Road (EW) Construct project driveway • "W" Street (easterly project driveway) (NS) at: La Strada Road (E~ Construct project driveway Summerhill Drive (NS) at: La Strada Road (EW) Construct traffic signal Railroad Canyon Road (EW) Southbound shared through right turn lane Eastbound free right-turn lane The traffic signal at La Strada Road and Summerhill Drive shall be installed and operational by the 50`h Certificate of Occupancy for this tract. The applicant is eligible for partial reimbursement from the City should other area projects be required to contribute their fair share of the cost of the signal. Agenda Item No. Page of Page Twenty-one - City Council Minutes - June 28, 2005 The tract shall participate in the interim improvements to Railroad Canyon Road at the I-15 Freeway. The projecYs fair share is 23% times $1.15 million, which =$26,450.00. To ensure construction traffic is managed in accordance with City traffic standards, the developer shall submit a traffic control plan, including a suitable route alignment designation, for conshuction vehicles, and obtain approval of the plan prior to initiating construction. On-site traffic signing and sh-iping shall be implemented in conjunction with detailed construction plans for the project site. Site distance at the project entrance intersections shall be reviewed with respect to standard Caltrans and City of Lake Elsinore sight distance standards at the time of preparation of final grading, landscape and street improvement plans. Coordinate any roadway slope easements that may be required from the adjacent property owner. Provide turn-around area outside the project entrance gates. Private street grades shall not exceed fourteen percent (14%) or the maximum allowed by the Fire Department. Approaches to intersections shall be at six percent (6%) maximum for a minimum distance of 40-feet on each leg from the intersection. Landscaping along Street "B" shall be located so it will not interfere with sight distance of drivers exiting their driveways. Provide storm drain detention for the peak runoff scenario as described by Riverside County Flood Control and Conservation District. Slope drain system adjacent to lots 86 through 108 shall be conveyed to the drainage system. Flows shall be directed down stream and not perpendicular to the roadway to avoid flows encroaching onto the travel lanes. Flow-through drainage catch basins shall not be allowed (ex: system between lots 10 and 11). Slope drain system adjacent to the existing development shall convey storm flows away from down stream property owners and to the public right-of-way. Streets "H" and "G" Agenda Item No. Page_ of Page Twenty-two - City Council Minutes - June 28, 2005 shall be handled separately, following its historic drain to a drainage course, and not directed into the public right-of-way. Provide technical support showing the existing down stream storm drain system is able to accommodate the additional flows of the proposed slope drains adjacent to Street "B" as well as the flows conveyed on proposed Street "D". Storm drains at the end of Streets "G" and "H" shall convey historic flow rates. Provide energy dissipation at all outlet points draining into open space. Outlet points shall be located at historic drainage courses. Provide viable funding mechanism for street and storm drain system maintenance. All slopes shall be graded no steeper than 2:1 unless otherwise approved by the City Engineer. All slopes shall have toe drains. Mid-slope drainage shall be required per the hydrology and/or soils report. All HOA maintained slope drains shall be conveyed to the public right-of-way. La Strada Road grades shall not exceed nine percent (9%) unless otherwise approved by the City Engineer. Pay all Capital Improvement, development fees, including area drainage, TIF and TUMF, unless otherwise described in the Development Agreement and Memarandum of Understanding pertinent to this project, less any applicable fee credits. Provide clean water mitigation for construction activities as well as post construction operations. All right-of-way improvements adjacent to the model homes shall be completed prior to the opening of the model homes to the public. Provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted. Applicant shall provide for detention of storm water run off greater than the existing unimproved condition. Outlet of detention facility shall be consistent with volume, direction and character of the historic flow. Agenda Item No. Page of Page Twenty-three - City Council Minutes - June 28, 2005 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. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved priar to building permit approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs for streets within the tract. All utilities except electrical lines over 12 KV shall be placed underground, as approved by the serving utility. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site, unless a study is already on file. If the project is located outside the special study zone, provide a certified letter from a licensed geologist confirming the condition. All Public Warks requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. Pay all Plan Check fees (LEMC 16.34, Resolution 85-26). Agenda Item No. Page_ of Page Twenty-four - City Council Minutes - June 28, 2005 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 final map approval. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards, and City Codes (LEMC 12.04 and 16.34). Applicant shall enter into a subdivision agreement with the City for the construction of tract public works improvements and shall post the appropriate bonds prior to final map approval. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division far construction of public works improvements (LEMC 12.08 and Resolution 83- 78). All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8%z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Meet all requirements of LEMC 15.64 regarding flood hazard regulations Meet all requirements of LEMC 15.68 regarding floodplain management. Agenda Ttem No. Page_ of Page Twenty-five - City Council Minutes - June 28, 2005 Unless reports are already on file, submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. Roof and yard drains shall not be allowed to outlet through cuts in the street curb. Roof drains shall drain through a minimum 20-feet of landscaped area. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either oF these criteria is exceeded, drainage facilities should be installed. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Unless previously submitted, the applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. Unless previously submitted, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Unless previously completed, the applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of constniction. Agenda Item No. Page of Page Twenty-six - City Council Minutes - June 28, 2005 COMMUNITY SERVICES DEPARTMENT 109. The developer shall pay fees of $1,600 per unit (134 @$1,600 ea. _$214,400). 110. No park credits are given for open space or private recreation facilities within a gated community. 111. The HOA shall maintain all landscaped open space, both interior to the project and at the entry, as well as all walls, street trees, street signage and street maintenance. 112. The HOA shall maintain all flood control structures, devices, retention basins and collectors. 113. The developer shall contract with CR&R for construction debris removal and recycling, as required by the Lake Elsinore Municipal Code. 114. The developer shall participate in the City-wide Lighting and Landscape Maintenance District. ADMINISTRATIVE SERVICES DEPARTMENT 115. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003-01 to offset any annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 116. Priar to issuance of the first building permit, the applicant shal] annex into Lighting and Landscape Maintenance District No. 1 to offset any annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for elech-icity and a maintenance fee to Southern California Edison. (Riverside County Fire Department Conditions attached) (End of Conditions) BUSINESS ITEMS 31. Emplo m~t a~reement for City Mana~er/Executive Directar.(F:68.1)(F:116.1) City Attomey Van Blarcom gave an overview of the agreement. He noted that copies could be retrieved from the City Clerk's Office. He noted the salary and various other benefits. Agenda Item No. Page_ of Page Twenty-seven - City Council Minutes - June 28, 2005 Michael O'Neal, Lake Elsinore, read a letter he had submitted to the subcommittee. He congratulated City Manager Brady on his appointment. JJ Swanson-O'Neal, Lake Elsinore, congratulated the City on the choice that was made to appoint City Manager Brady. She indicated that Mr. Brady was a great choice. Ruth Atkins, Lake Elsinore, congratulated City Manager Brady. She noted that Mr. Brady was a resident and his children attended the school in our City. She indicated that he knew how the City operated. She commended the City Council on their selection. Fred Francia, Lake Elsinore, congratulated City Manager Brady. He indicated that Mr. Brady was very honorable and sincere. He commended the City Council on their decision. Kim Cousins, Lake Elsinore Chamber of Commerce, congratulated City Manager Brady. He indicated that the Chamber was looking forward to having a strong relationship with City Manager Brady. Harvey Ryan, Lake Elsinore, congratulated City Manager Brady. Gloria Padgett, Lake Elsinore, congratulated City Manager Brady. She also congratulated the Council on their decision. Chance Edmondson, Edmondson Construction, Lake Elsinore, congratulated City Manager Brady. He indicated that Mr. Brady was a man of integrity and was a hard worker. Carl Johnson, Near-Cal, congratulated City Manager Brady. He indicated that the City was headed in the right direction. Ron LaPere, Lake Elsinore, complimented the Mayor on his leadership of the Councii. He indicated that he had worked with Mr. Brady for 3'/2 years on the Planning Commission. He commented that Mr. Brady would give 110% all the time. He thanked the Council on behalf of the citizens and the Agenda Item No. Page_ of Page Twenty-eight - City Council Minutes - June 28, 2005 Planning Commission. Mayor Pro Tem Schiffner, commented that it was good to see the citizens speak in favor of the Council's decision. MOVED BY SCHIFFNER AND SECONDED BY KELLEY TO APPROVE THE EMPLOYMENT AGREEMENT AND AUTHORIZE THE MAYOR AND REDEVELOPMENT AGENCY CHAIRMAN TO EXECUTE THE SAME. Councilman Buckley indicated that the Council did a good job and found the right person for the job. Councilwoman Kelley congratulated City Manager Brady. She indicated that the Council was happy to have him take the lead in our City. Councilman Hickman congratulated City Manager Brady. He suggested that he listened to the citizens. Mayor Magee indicated that when he approached Mr. Brady to be the Interim City Manager, Mr. Brady did not hesitate and stepped up. He noted that Ciry Manager Brady was the first City Manager in more than 20 years to actually reside in the City of Lake Elsinore. He noted that Mr. Brady worked six months straight without a day off. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. City Manager Brady thanked the City Council for the opportunity. He indicated that he did believe in the community. He indicated that he enjoyed working with the residents, staff and City Council. 32. Conditional Use Pernut No. 2005-02 and Commercial Design Review No. 2005-03 - Jack-In-The-Box. (F:67.2)(F:58.2) Planning Manager Preisendanz gave an overview of the item. He indicated that the Planning Commission recommended approval. Agenda Item No. Page of Page Twenty-nine - City Council Minutes - June 28, 2005 Steve Schneider, Lyons Warren, commented that he was the applicant far the project and was available to answer questions. He indicated that he had worked in many cities throughout Southern California for Jack-In-The-Box, and staff had done a great job in making the process painless. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE CONDITIONAL USE PERMIT NO. 2005-02 AND APPROVE COMMERCIAL DESIGN REVIEW NO. 2005-03. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:10 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, Lake Elsinore, read an email from the Charlie Daniels Band. She noted that they were doing shows for the troops. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) He thanked the Council for his appointment. CITY ATTORNEY COMMENTS City Attorney commented on the following: No comments. COMMITTEE REPORTS None. Agenda Item No. Page_ of Page Thirty - City Council Minutes - June 28, 2005 CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) He congratulated City Manager Brady. 2) He indicated that he had attended the County Board of Supervisors Meeting. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She congratulated City Manager Brady. Z) She noted that the 4th of July Fireworks was coming up. 3) She noted that the Music with a View Concert Series would start August 13`h at McVicker Park. Mayor Pro Tem Schiffner commented on the following: 1) He congratulated City Manager Brady. 2) He noted that this was the first Council Meeting that he had attended that all of the people that spoke were in favor of the same thing as the Council. Councilman Hickman commented on the following: 1) He congratulated City Manager Brady. 2) He invited everyone to attend the 4`h of July Fireworks. 3) He indicated that there were openings on the Planning Commission and Public Safety Advisory Commission; and urged citizens to apply Agenda Item No. Page of Page Thirty-one - City Council Minutes - June 28, 2005 for the appointments. Councilman Buckley commented on the following: 1) He noted that there would be a Boat Parade along with the fireworks and to contact City Hall if anyone would like to participate in the Boat Parade. 2) He noted that there was a report made public yesterday by the Riverside County Grand Jury on Lake Elsinore. He indicated that it was somewhat positive. 3) He commented that he did not leak any information from closed sessions regarding the City Manager recruitment. Mayor Magee commented on the following: 1) Announced the following upcoming events: June 29`h - General Plan Vision Workshop June 30`h - First Annual All Chamber Mixer July 14`" - Chamber Pirates Treasurer Reverse Drawing July 9`h - 10`h - INT Waterski/Wakeboard Competition 2) He recognized the Public Works Department. He indicated that every year Senate Bi11821 provided the opportunity for local jurisdictions to apply for funds, far pedestrians and bicycle facilities. He noted that last year there were 72 appiications for funding and Lake Elsinore was ranked last and did not receive funding. He commented that Public Works Manager Payne and his staff had met with RCTC and gained a better understanding of the process. He indicated that they filed 4 applications this year and 3 of the 4 were fully funded for sidewalk improvements totaling $68,000. 3) He commented that Caltrans was reviewing the interim improvement on Railroad Canyon Road and Interstate 15. He indicated that their Agenda Item No. Page_ of Page Thirty-two - City Council Minutes - June 28, 2005 promise to the City was that they would approve it the first week in July. 4) He commented that there were currently openings on the Planning Commission and Public Safety Advisory Commission. He noted that more public involvement was needed. He urged the public to contact the City Clerk's Office for applications. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:15. < RO ERT E. M~ CITY OF ATTEST: ,~~~~ REDERICK CITY OF LA ~i; DEPUTY CTTY CLERK ELSINORE MAYOR Agenda Item No. Page_ of MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 12, 2005 **~****~~**~**~:~~****~**~:~:~~*~*~:~~*:~~:~~:~***~**~*~:**~************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 530 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, Assistant City Attorney Van Blarcom, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Public Works Manager Payne, Police Lieutenant Koepp, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION -(Subdivision (1) of Gov't Code § 54956.9) Verizon v. County of Riverside, (Riverside Superior Court Case Na RIC 388792). City Attomey Van Blarcom announced the Closed Session discussion item as listed above. THE REGULAR CTTY COUNCIL MEETING WAS RECESSED TO Agenda Item No. Page_ of Page Two - City Council Minutes - July 12, 2005 CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:15 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by former Public Safety Advisory Commission Chairman Lewis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Van Blarcom, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Public Works Manager Payne, Police Lieutenant Koepp, City Treasurer Weber and Deputy City Clerk Ray. PRESENTATION/CEREMONIALS A. Sister City - Commune Taiarapu-Quest, Tahiti. Information/Communications Manager Dennis gave some background on Commune Taiarapu-Quest, Tahiti, which is Lake Elsinore's Sister City. Mr. Dennis indicated that there was going to be a ceremonial presentation from representatives of our Sister City. Agenda Item No. Page_ of Page Three - City Council Minutes - July 12, 2005 B. Parks & Recreation Month Mayor Magee called Community Services Director Sapp forward for the presentation. Mayor Magee read and presented the Proclamation. Mr. Sapp thanked the Mayor and City Council on behalf of the Community Services Department. He indicated that his staff would like to present Certificates of Recognition to individuals and businesses that volunteered and donated to the Community Services Department. Mr. Sapp called forward Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio and Community Center Program Coordinator Foster. He indicated that the Community Center and Senior Center combined offered over 50 programs per weelc to over 1,100 residents. He encouraged citizens to come and participate in the programs. He indicated that there was 93 acres of developed parks. He noted that there were six lighted soccer fields and nine lighted baseball/softball fields. C. Certificates of Reco ipn'tion Parks & Open Space Manager Fazzio called Chuck Kellar forward for the presentation. He indicated that Mr. Kellar did all the field maintenance for Lake Elsinore Little League. He commented that Mr. Kellar donated countless hours taking care of the fields. He indicated that Mr. Kellar made sure the fields were safe and playable for the youth of Lake Elsinore. He thanked Mr. Kellar for his volunteer services Mr. Kellar commented that he appreciated the help provided to him by the Parks & Open Space Department. He thanked the City for the recognition. Recreation/Tourism Manager Fazzio called Donna Lucas forward for the presentation. She indicated that Ms. Lucas had been a downtown merchant for 11 years. She indicated that Ms. Lucas had donated countless volunteer hours to the City. She had brought events to the downtown area. She was president of the Downtown Merchant Association. She organized the monthly Cruise Nights, Open Air Market and created and headed the Safe Candy Night, which was an annual event. She assisted every year with the Agenda Item No. Page_ of Page Four - City Council Minutes - July 12, 2005 Winterfest event. Ms. Lucas thanked the City and commented that it was her pleasure to be a part of Lake Elsinore. Community Center Program Coordinator Foster called forward Rick Sleuder and Tiny Tot Instructor Lorrana Hancock. She indicated that Mrs. Hancock had been teaching for 4 years. She indicated that last year Rick Sleuder and his wife Jackie had contacted her and informed her that they had computers they would like to donate to the Tiny Tot Program. She thanked Rick and his company DPR Construction. She presented Mr. Sleuder with a Certificate of Recognition and personalized plaque. Mrs. Hancock thanked Mr. Sleuder for the donation. Mr. Sleuder thanked the Community Center staf£ He commented that it was great to be able to help. He thanked his wife for her help in the process. Mayor Magee commented that people that give themselves to help grow our community were truly something special. D. Business of the Ouarter Mayor Magee announced that Lake Car Wash was Spring 2005 Business of the Quarter. He called forward Tom Grady. He commented that Mr. Grady was the owner of Lake Car Wash located on Casino Drive. He noted that the staff was always courteous, responsive and professional. Mr. Grady thanked the Mayor and City Council on behalf of his wife and Lake Car Wash employees. He noted that they worked hard to be a part of the community. E. Boat Parade Award of tronhies Mayor Magee called forward the awardees for the 4`h of July Boat Parade. Agenda Item No. Page_ of Page Five - City Council Minutes - July 12, 2005 He recognized the judges of the Boat Parade. He presented the Third Place trophy to Thomas Eckertt and Devon Hanson, Second Place trophy awarded to Ray and Maria O'Connor and First Place trophy awarded to Ryan and Jenny Johnson. F. Chamber of Commerce Ubdate Tom Grady, Chamber of Commerce representative, gave an update of upcoming Chamber events. He complimented the City on the fireworks for the 4`h of July. He noted that the July Business Mixer was scheduled for July 28`n hosted by the Model Home Center, located on Casino Drive. CLOSED SESSION REPORT City Attorney Van Blarcom announced that the City Council met in closed session regarding one item as listed on the agenda. City Attorney Van Blarcom stated that at the last City Council Meeting, Resolutions were adopted approving a Public Hearing for the City Wide Lighting and Landscaping Maintenance District and Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2005-06. He indicated that it was thought that there would be a Public Hearing at this Council Meeting; if there was anyone present to speak on those items they could speak during the public comments on non-agendized items. He indicated that the items would be heard at the next City Council Meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Donna Franson, Lake Elsinore, commented that Pete Dawson had donated 6 to 8 sail boats and 3 or 4 haul boats to the Citizens Lake Recrearion Committee. She further commented that Mr. Dawson requested the boats be used to offer sailing lessons and other lake recreations for the lake. She noted that some were in need of repair. She also indicated that Mr. Dawson had donated several old light standards to be used and he had received phone calls complimenting the City on the fireworks show. Joyce Hohenadl, Lake Elsinore Citizens Committee, commented that the Citizens Committee would be holding its Third Annual General Meeting at 7 p.m., July Agenda I[em No. Page_ of Page Six - City Council Minutes - July 12, 2005 23`d, at the Tuscany Hills Recreational Center. She indicated that Mr. Greg Morrison, EVMWD representative, would be the guest speaker along with Police Officer Beth DeCou. She noted the mission of the Lake Elsinore Citizens Committee. Paula Graver, Lake Elsinore, reminded everyone of the Suppart Our Troops Rally, which were held every Saturday, from 10 a.m. until2 p.m., on the corner of Diamond Drive and Mission Trail Drive. She noted that donarions or care packages could be sent to her at P.O. Box 1498 Lake Elsinore, CA 92530 and far more information to call (951) 805-2878 or email her at Alasl<anan~e1718(a~vahoo.com. She invited the public to join her at the rallies. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO APPROVE THE CONSENT CALLENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - June 14, 2005. b. Regular City Council Meeting - May 24, 2005. c. Regular City Council Meeting - June 14, 2005. 2. Ratified Warrant List for June 30, 2005.(F:123) 3. Received and filed Investment Reports.(F.12.5) a. Apri12005. b. May 2005. 4. Directed staff to prepare construction contract documents and advertise Poe Street drainage improvements for construction.(F:156.2) - Authorized $80,600 from Public Improvements and In-Lieu Fees. Agenda 1[em No. Page_ of Page Seven - City Council Minutes - July 12, 2005 Approved the disposal of surplus equipment to be scrapped. 6. Adopted Resolution of Intentions No. 2005-62, establishing CFD 2005-2 (Alberhill Ranch). RESOLUTION NO. 2005-62 A RESOLUTION OF INTENTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH); AND DESIGNATING IMPROVEMENT AREAS WITHIN SAID COMMUNITY FACILITIES DISTRICT. Adopted Resolution No. 2005-63, to incur bonded indebtedness. RESOLUTION NO. 2005-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $28,000,000, $36,000,000 AND $26,000,000 WITHIN IMPROVEMENTAREAA, IMPROVEMENT AREA B AND IMPROVEMENT AREA C, RESPECTIVELY, OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNTTY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH). Scheduled the Public Hearing on the District Formation for August 23, 2005. 7. Adopted Resolution of Intentions No. 2005-64, establishing CFD 2005-4 (Lakeview Villas). RESOLUTION NO. 2005-64 A RESOLUTION OF INTENTION OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS). Agenda Item No. Page_ of Page Eight - City Council Minutes - July 12, 2005 Adopted Resolution No. 2005-65, to incur bonded indebtedness. RESOLUTION NO. 2005-65 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $9,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS). Scheduled the Public Hearing on the District Formation for August 23, 2005. Adopted Resolution of Intention No. 2005-66, to annex properiy from Annexation Area No. 14 (Lakeview Villas) into the CFD 2003-1. RESOLUTION NO. 2005-66 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS). Schedule the public hearing on the District Formation for August 23, 2005. 9. Approved Union Bank of California custodial services and also Bank of New York, if Bank of New York can lower the fee to $2,500. Approved the list of certified broker dealers. Approved the proposed investment plan. 10. Adopted Resolution No. 2005-67. Agenda Item No. Page_ of Page Nine - City Council Minutes - July 12, 2005 RESOLUTION NO. 2005-67 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHINGAN INCREASE OF TRAFFIC INFRASTRUCTURE FEE (TIF) FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE. PUBLIC HEARINGS 21. Zone Chan~e No. 2005-OS and Annexarion No 72. Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave some background information on the item. He identified the items as listed in the staff reports. He noted that the Planning Commission had heard the item on June 21S` and approved of staff recommendations. Mayor Magee opened the public hearing at 7:42 p.m., asking those persons interested in this item to speak. There were no public comments. Mayor Magee closed the public hearing at 7:44 p.m. Mayor Pro Tem Schiffner indicated that he was happy to see the annexation into the City that it proposed a fantastic development and would be a big improvement to the City. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT ORDINANCE NO. ll52 UPON FIRST READING APPROVING ZONE CHANGE NO. 2005-05. Age~da Item No. Page_ of Page Ten - City Council Minutes - July 12, 2005 ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE (PRE-ZONE) NO. 2005-OS CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 391- 170-005, 007, 391-200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390- 160-001, 002, Oll, 012, 391-240-O11, 012, 391-240-001, 390- 170-001,391-260-001,389-020-032,390-190-011,012,013, 389-080-037, and 389-020-036 TO M-3 MINERAL RESOURCES AND RELATED MANUFACTURING UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF THE ANNEXATION NO. 72. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-68. Agenda Item No. Page_ of Page Eleven - City Council Minutes - July 12, 2005 RESOLUTION NO. 2005-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 72 APN(s) 391- 170-005, 007, 391-200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390-160-001, 002, Oll, 012,391-240-011,012,391-240-001,390-170-001,391-260-001,389-020- 032, 390-190-O11, 012, 013, 389-080-037, and 389-020-036 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. GENERAL CONDTTIONS L The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and%or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. ANNEXATION NO. 72 1. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). Agenda I[em No. Page_ ot Page Twelve - City Council Minutes - July 12, 2005 2. All enritlements contained herein are subject to the completion and approval of the annexation of the subject property. 22. Resolution to approve nlacin~ delinquent refuse bills on FY 2004-2005 taac roll. Mayar Magee introduced the item. Mayor Magee opened the public hearing at 7:45 p.m., asking those persons interested in this item to speak. There were no public comments. Mayor Magee closed the public hearing at 7:46 p.m. Recreation/Tourism Manager Fazzio gave an overview of the item. She indicated that as of July 1, 2005, there were a total of 120 accounts totaling $19,211.96. She indicated that Mr. Fal~rion, CR&R representative, was in attendance to answer questions. Councilman Hickman indicated that there were less accounts on the list than last year. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-69. RESOLUTION NO. 2005-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AFFIRMING THE REPORT OF DELIQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. Councilman Hickman inquired if the option still existed for citizens to place their refuse bill onto their tax bill. Mr. Fahrion advised that process was available to all Agenda I[em No. Page_ of Page Thirteen - City Council Minutes - July 12, 2005 citizens. They would need to call 1-800-755-8112. Councilman Hickman advised that if citizens put their CR&R bill onto their tax bill it was tax deductible. BUSINESS ITEMS 31. Second Reading - Ordinance No. ll 51 - Approvin~ Amendment No. 3 to the Canyon Creek Specific Plan No. 85-1. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY ffiCKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT ORDINANCE NO. 1151, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD AVENUE, AND SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363-020-008. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY Agenda I[em No. Vage_ of Page Fourteen - City Council Minutes - July 12, 2005 ABSTAIN: COUNCILMEMBERS: NONE 32. Industrial Design Review No. I 2004-04. Mayor Magee introduced the item. Planning Manager Preisendanz gave an overview of the item. He indicated that the Planning Commission had recommended approval. He indicated that staff and the applicant agreed to an additional Condition of Approval to be added to the project. Condition No. 63 - Any grading or drainage onto private offsite or adjacent property shail require a written permission to grade and/or permission to drain letter from the affected land owner. Councilman Hickman questioned if the City was forcing the applicant to put in a retention basin. Mr. Preisendanz advised that staff was not forcing; but merely asking the applicant to obtain a letter of permission from the offsite property owner so that draining could be addressed. He noted that this was a standard Condition of Approval, which would require the applicant to comply with standard drainage laws. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-71. RESOLUTION NO. 2005-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS INDUSTRIAL DESIGN REVIEW NO. I 2004-04 TO BE LOCATED AT 32081 CORYDON STREET (APN'S 370-080-017 & 018). MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-72 WITA THE AMENDMENT TO THE Agenda Item No. Page_ of Page Fifteen - City Council Minutes - July 12, 2005 CONDITIONS OF APPROVAL TO ADD CONDTTION #63. RESOLUTION NO. 2005-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. I 2004-04 TO BE LOCATED AT 32081 CORYDON STREET (APN'S 370-080-017 & 018). (Nara• Fa~ lzsted in the Conduzons ~Approuzl are the l~st estimzt~ av.~ilable at tlae tirre ~approur~ The ceact fc~ arrn~mts z¢ill l~ reziecaed at the tirre ~buildi~ penrat zssuarae a~al mzy 1~ raiss~) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the Ciry), indexnnify, and hold harmless the City, its Official, Officers, Employees, and Agenu from any claim, action, or proceeding against the City, its Official, Officeis, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the, Industrial Project which action is bought within the time period provided for in Califomia Govemment Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Ciry will prompdy notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indeinnify, or hold harn~less the City. PLANNING DIVISION 2. Approval for Industrial Design Review No. I 2004-04 will lapse and be void unless building pemuts are issued within one (1) year of Ciry Council approval. The Community Development Director may grant an e~rtension of time of up to one (1~ year per eactension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of I,ake Elsinore one (1) month prior to the expiration date. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. Conditional Use Pernut No. 2004-41 for the industrial complex shall run with the land and shall continue to be valid upon any change of owne~hip of the site or structure which was the subject of the Conditional Use Pemut (CiJP) application. The CUP shall also be subject to periodic review by the Community Development Director or designee. The CUP can be revoked at any Agenda I[em No. Page_ of Page Sixteen - City Council Minutes - July 12, 2005 time, if after reviewed bythe Plannuig Commission it is found that the applicant has not been in compliance with Condiuons of Approval. The revocauon process shall complywith Section 17.74.110 of the Lake Elsinore Municipal Code (LEMG~. 5. All site improvemenu approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Communiry Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Coituivssion/City Council through subsequent action. 6. Structux~es shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 7. Any revisions to the interior floor plans that could cause the requirement for additional parlflng shall be subject to the review and approval of the Communiry Development Director or designee. 8. All roof mounted or ground support air conditioning uniu or other mechanical equipment incidental to development shall be architectiually screened or shielded by landscaping so that they are not visible from neighboring property or public streeu. Any material covering the roof equipment shall match the primary wall color. 9. All e~rterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illuminauon above the horizontal plane of the fixture. All light fiinures shall match the architectural style of the building. 10. All loading zones shall be clearly marked with yellow striping and shall comply with the requiremenu of the LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requiremenu. 12. The applicant shall construct a 6 foot decorative masonry wall with pilasters along the exterior boundary of the project. 13. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates per the review and approval of the CommunityDevelopment Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped planter is requu-ed on each side of the trash enclosure. 15. No exterior roof ladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. Agenda I[em No. Page_ of Page Seventeen - City Council Minutes - July 12, 2005 17. All ea~terior downspouu shall be architecturally screened to match the building exterior colo~s and architecture. 18. The Plauning Division shall approve the location of any construction traile~ utilized during construction. All construction trailers shall require a$1,000.00 cash bond, submit a site plan and processed through the Plauuuig Division. 19. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved bythe CommunityDevelopment Director or designee. 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. All exposed slopes in excess of three feet (3') in height shall have a permanent urigation system and erosion control vegetation installed, approved by the I.andscape Architectwal Consultant and Planning Division. 23. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 24. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). PRIOR TO BUILDING/GRADING PERMITS 25. Prior to issuance of any grading pemut or building perxniu, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 26. Three (3) seu of the Final Landscaping/Imgation Detail Plan shall be submitted, reviewed and approved by the Cit~s Landscape Architect Consultant and the Communiry Development Director or designee, prior to issuance of building pernut. A I,andscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus fortypercent (40%) Ciryfee. a) All planting areas shall have pei•manent and automatic sprinkler system with 100% plant and grass coverage using a combinauon of drip and convenuonal urigauon methods. b) Applicant shall plant street trees, selected from the Cit}~s Street Tree List, maXimum of fortyfeet (40) apart and at least twenry-four-inch (24") box in size. Agenda 1[em No. Page_ of Page Eighteen - City Council Minutes - July 12, 2005 c) All planting areas shall be separated from paved areas with a six-inch (6") high and sui-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. ~ Any transforme~s and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requiremenu of the Cit}~s adopted I,andscape 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 unprovemenu shall be bonded 100% for material and labor for two yea~ from installation sign-off bythe Ciry. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Communiry Development Director or Designee. 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 planu. Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and 'urigation details. 27. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permiu and final approval. 28. Prior to issuance of building permiu, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 29. Prior to issuance of building pemuu, applicant shall provide assurance that all requiremenu of the Riverside County Fire Depanment have been met (see attached Condiuons of Approval). Agenda [tem No. Page_ of Page Nineteen - CiTy Council Minutes - July 12, 2005 30. Prior to issuance of building pernuu, applicant shall pay park in-lieu fee in effect at time of building pemut issuance. 31. The applicant shall comply with Section 17J8 (Noise Control) of the Lake Elsinore Municipal Code. 32. The Muldple Species Habitat Conservation Fee (MSHQ') shall be due upon issuance of each building permit. ENGINEERING DIVISION 33. All Public Works requiremenu shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMG~ prior to final approval. 34. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMG) and be consistent with the Cit}~s agreement with the Elsinore Valley Municipal Water District. 35. Pay all Capital Improvement, including TIF and TUMP fees, and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, encroachment pernut fees and inspection fees associated with the project and iu development. 36. 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 grading plan approval. 37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faulu or liquefaction zones present. 38. All street unprovemenu and street lighting along Corydon Street shall be installed a functioning prior to certificate of occupancy. Corydon Street is designated as a Major Highway (100/80) on the Master Plan of Streeu. Also, the Counry of Riverside is currently constnxcting roadway improvemenu along this property frontage. As such, the applicant shall obtain these plans and revise the precise grading to show the e~sting (after county construcuon) and proposed street frontage improvemenu. Highway stripping on Corydon Street shall also be shown. 39. Construct all public works improvemenu on Corydon Street per approved street plans (LEMC 12.04). Plans must be approved and signed by the Ciry Engineer pnor to grading plan approval (LEMC 1634). 40. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside Counry Road Department Standards, latest edition, and Ciry Codes (LEMC 12.04 and 16.34~. Agenda Item No. Page_ of Page Twenty - City Council Minutes - July 12, 2005 41. All compacuon reports, grade certifications, monument certificauons (with ue notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvemenu will be scheduled and approved. 42. Provide final soils report showing compliance with recommendations. 43. The applicant shall install permanent survey monumenu in compliance with the Cit}~s municipal code. 44. All improvemenu plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compadble with City's ARC Info/GIS or developer to pay $300 per sheet for Ciry digitizing. 45. The finish floor elevation of the building shall not be less than 1267 feet. No import material from outside the "lake zone" shall be brought in and placed. 46. Applicant shall obtain all necessary off-site easemenu for off-site grading or constnzction from the adjacent property owners prior to issuance of grading pernut. 47. Apply and obtain a grading permit prior to building pemut issuance. A grading plan signed and stamped by a Califomia Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards of the existing flow pattern is substantially modified as determuied by the City Engineer. If the grading is less that 50 cubic yards and a grading plan is not required, a grading pernut shall still be obtained so that a cursory drainage and flow pattem inspection can be conducted before grading begins. 48. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stabiliry and proper erosion control. 49. If applicable, prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of import/e~ort material. Such routes shall be subject to the review and approval of the CityEngineer. 50. Applicant to provide to the City a photographic baseline record of the condition of all proposed public Ciry haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the CityEngineer. 51. All waste material, debris, vegetauon and other rubbish generated during cleaning, demoliuon, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&.R, Inc., for recycling and storage container seroices, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid Agenda 1[em No. Page_ of Page Twenty-one - City Council Minutes - July 12, 2005 waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verificauon of tonnage by certified weigh master tickets. 52. Arrangemenu for relocation of utiliry company facilities (power poles, vaulu, etc.) out of the roadway or alley shall be the responsibiliry of the property owner or his agent. 53. Provide fire protection facilities as required in writing bythe Riverside CountyFire Department. 54. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 55. A hydrology and hydraulic study and calculations for the proposed on site storm drainage system shall be submitted and approved prior to issuance of a grading pernut. 56. Meet all requirements of LEMC 15.68 regarding flood plain management. 57. The Riverside County Water Quality Management Plan requires this project to prepare a project specific Water Quality Management Plan (WQMP). As such the applicant will be required to prepare a WQMP install BMP's using the best available technology to mitigate any urban pollutanu from entering the watershed. The plan shall identify "pollutanu of concern" and "hydrologic conditions of concern", and miugate in accordance with the Rive~ide County Water QualityManagement Plan. Said plan shall be approved prior to the issuance of a grading or site development permit. 58. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutanu from parking areas and driveways. This would include the use of a biofilter swale or other BMP techniques. Education guidelines and Best Management Practices (BMP) shall be provided to the properry owner and/or tenant in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMI' in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 59. All drainage facilides in this site shall be constructed to Riverside County Flood Control District Standards. 60. Storm drain inlet faciliues shall be appropriately stenciled to prevent illegal dumping in the drain system; City Engineer shall approve the wording and stencil. 61. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. Agenda Item No. Page_ of Page Twenty-two - City Council Minutes - July 12, 2005 62. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading pernuts. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 63. Arry gradiy~g ar draina~e orno prizttte y~f site ar adjua~a propeny shall requim a zeritteri perrmssion to grade and/ar a perrrassion to drain leuer from tlae affectal larnlararx~: C.orulixian addxl at City Cw~~l M~tingJuly 12, 2005 '~Italia indicates addiuon to teat, ~k indicates removal from text. 33. Washin~ton, D.C. Lobbvin~ Services Reauest For Pro op sals. Mayor Magee introduced the item. City Manager Brady gave an overview of the item. Information/Communications Manager Dennis gave more in depth overview of the item. He noted that the scope of work was based on an actual working contract. Mayor Magee indicated that there were comments made at the 4:00 p.m. Study Session in regard to the scope of work language. He indicated that Mr. Dennis had incorporated those changes into the RFP. Councilman Hickman commented that this was an important issue. He noted that there were federal dollars that the City had never applied for. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO PUBLISH THE REQUEST FOR PROPOSALS FOR WASffiNGTON, D.C. LOBBYING SERVICES. Mayor Magee indicated that this was the City's opportunity to seek and obtain the City's fair share of federally earmarked funds, something Lake Elsinore Agenda Item No. Page_ of Page Twenty-three - City Council Minutes - July 12, 2005 had never aggressively pursued in the past. He indicated that it was worth the initial investment to gain the benefits as neighboring cities. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:58 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: July 14`h - Chamber Pirates Treasurer Reverse Drawing July 30th - INT Waterski/Wakeboard Competition Aug 6t" - Household Hazardous Waste Collection Aug 6`h - Ophelia Theatre Group and the Elsinare Valley Arts Network Presents "Jakes Women" by Neil Simon Aug 7th - Open Air Market CITY ATTORNEY COMMENTS City Attorney commented on the following: 1) Thanked the City Council and staff for their support while he filled in far City Attorney Leibold. He indicated that she would be at the next City Council Meeting. COMMITTEE REPORTS None. Agenda Item No. Page_ of Page Twenty-four - City Council Minutes - July 12, 2005 CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) He noted that Administrative Services Director Pressey had found $9 million that the City could invest a lot wiser than in the past. He indicated that it was a possible net of $140,000. He indicated that he appreciated the work Mr. Pressey had done. Mayor Magee thanked the City Treasurer for recognizing staf£ He indicated that the $140,000 was annual estimate of increased revenue. He thanked Mr. Pressey. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She noted that there were flyers by the door for the Music With A View Concert Series. Mayor Pro Tem Schiffner commented on the following: 1) He thanked the citizens for coming out. Councilman Hickman commented on the following: 1) He thanked Administrative Services Director Pressey for his work. 2) He noted that Pulte development in Tuscany Hills area had sold 6 out of their 10 phases. 3) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674-2526. 4) He congratulated Beverly Mumphrey for being selected a Champion of Justice for 2005. He indicated that there were only 6 people in the state that were elected. Agenda I[em No. Page_ of Page Twenty-five - City Council Minutes - July 12, 2005 Mayor Magee commented on the following: 1) He recognized Mr. Pete Dawson for his donation to Mrs. Franson's group far the light standards. He indicated that Mr. Dawson had also donated the light standards at Fire Starion No. 11. He requested that Mrs. Franson coordinated her efforts with the Lake Elsinore Historicai Society. 2) He commented on the Poe Street drainage improvements. He noted that some of the residents had suffered significant flooding concerns from the winter season. He indicated that the City was going to improve that area and fix the drainage problem. 3) He commented that the 4t" of July fireworks were great; although he did receive several complaints about illegal firewarks. He requested that the Police Department, in cooperation with the Public Safety Advisory Commission, come up with an idea to limit illegal fireworks next year. He indicated that there was a significant danger of fire and injuries. ADJOURNMENT The Regular CiTy Council Meeting was adjourned at :. p.m. ~ ~ ~ .YOR CITY OF LAKE CITY OF -Y, DEPUTY CITY CLERK ELSINORE Agenda Item No. Page_ of ATTEST: MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 26, 2005 *~:~*~~:~~***~~:~~~:*~:~:~*:~~:~:~*:~~:~~*:~*****~*~~~******:~~~:~~~:~~*:~***~:~~** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 537 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Aiso present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Police Chief Fetherolf, City TYeasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LTTIGATION -(Subdivision (1) of Gov't Code § 54956.9) Verizon v. County of Riverside, (Riverside Superior Court Case Na RIC 388792). (F:40.1)(F52.1) b. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 549569 (1 potential case). (F:40.1)(F52.1) Agenda I[em No. Page_ot= Page Two - City Council Minutes - July 26, 2005 c. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City negotiator: Ciry Council Unrepresentedemployee: CityAttorney(F:40.1) City Attorney Leibold announced the Closed Session discussion item as listed above. THE REGULAR CTTY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:38 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:05 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Manager Preisendanz. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Police Chief Fetherolf, City Treasurer Weber and Deputy City Clerk Ray. Agenda I[em No. Page_of Page Three - City Council Minutes - July 26, 2005 PRESENTATION/CEREMONIALS A. Introduction of new City employees.(F116.1) City Manager requested that each Division Manager introduce the new personnel assigned to their Division. Planning Manager Preisendanz introduced Senior Planner Matthew Harris and Community Development Technician Sonia Salazar to the City Council and citizens of Lake Elsinore. He also announced that a third addition to the Community Development Department Office Specialist I Cindy Schmidt was not able to attend the meeting. City Engineer Moehling introduced Senior Civil Engineer Ed Basubas. He listed the cities Mr. Basubas had previously worked. Mr. Basubas addressed the City Council and gave a little background of his work experience. He noted that he had 16 years of city experience. Information/Communications Manager Dennis introduced Information System Analyst Toby Soto. Mr. Soto addressed the City Council and gave littie baclcground of his wark experience. He noted that he had 15 years of Information Systems experience. Public Works Manager Payne introduced Maintenance Warker I Romero Delgado. He indicated that Mr. Romero was a resident of Lake Elsinore. Mr. Romero addressed the City Council and expressed his hopes to make a difference as an employee. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session regarding three items as listed on the agenda. City Attorney Leibold reparted that Item a, was a Settlement Agreement in which the Council approved along with a mutual release. She advised that there was no financial responsibility or obligation on the part of the City. City Attorney Leibold reported that there was no reportable action on Items b and c. Agenda Item No. Page_of Page Four - City Council Minutes - July 26, 2005 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Jeanie Corral, Parade Chairman, EVCAP, commented that the 9th annual "Put the Unity in Community Parade" was in the process of being organized. The theme was "Celebrating Families". She requested that the City allowed EVCAP to use the City streets on the third Saturday of November, 2005. She noted that there was no funding for the parade that it was totally voluntarily. Mrs. Corral also noted that this year marked the 100`h anniversary of Elsinore Woman's Club. She noted it was the oldest service club for women in the area. She requested that the City presented the club with a proclamation. She thanked the Council and staff for the reopening of Dexter Road. Ruth Atkins, Lake Elsinore, suggested that the Council considered an ordinance that governed the types of businesses in the historic downtown area. She questioned if it was a RDA issue. JJ Swanson, representative of Lake Elsinore Historical Society, invited everyone to attend the Historical Society Estate Sale on August 4`n 5`h 6th 7a.m. - 12 noon, at the Historical Society Research Library located in the basement of the Cultural Center, 183 N. Main Street. Pete Dawson, Lake Elsinore, commended the Council on the July 4`h event. He congratulated City Manager Brady. He commented that the Lake Elsinore Princess had new windows. He indicated that volunteers were needed to help restore the Princess. He commented to Councilwoman Kelley that he had all the street lights ready that she had requested a few years back. He commented that he also had seven to eight sail boats ready for donation. He requested that nonprofit organizations contact him at (951) 202-1584. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3 & 8. Agenda Item No. Page_of Page Five - City Council Minutes - July 26, 2005 MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CHANGE ITEM NO. 6 TO REFLECT THE DISCUSSION AT THE STUDY SESSION AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Special City Council Meeting - June 15, 2005. b. Special City Council Meeting - June 20, 2005. a Joint City Council/Redevelopment Agency Study Session - June 28, 2005. d. Regular City Council Meeting - June 28, 2005. 2. Ratified Warrant List for July 15, 2005.(F:12.3) 4. Approved the recommendations listed in the staff report for a Senior Human Resources Analyst; Part time Office Specialist I; and reclassify the Payroll Specialist to a Management Analyst position. (F:116.1) 5. Adopted Resolurion No. 2005-75, dissolving CFD No. 2004-1. Directed the City Manager to record a Notice of Cessation of Special Tax with the County Recorder.(F22.3) RESOLUTION NO. 2005-75 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, DISSOLVING THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) 6. Adopted Resolution of Intentions No. 2005-76, establishing CFD 2005-6 (City Center Townhomes).(F:22.3) Agenda 1[em No. Page_of'_ Page Six - City Council Minutes - July 26, 2005 RESOLUTION NO. 2005-76 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES) Adopted Resolution No. 2005-77, to incur bonded indebtedness. RESOLUTION NO. 2005-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES) Scheduled the Public Hearing on the District Formation for September 13, 2005. Adopted Resolution No. 2005 - 78, confirming the special tax rates for CFD 88-3.(F:223) RESOLUTION NO. 2005-78 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 88-3 Adopted Resolution No. 2005 - 79, confirming the special tax rates for CFD 95-1. Agenda Item No. Page_of Page Seven - City Council Minutes - July 26, 2005 RESOLUTION NO. 2005-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 95-1 Adopted Resolution No. 2005 - 80, confirming the special tax rates for CFD 98-1. RESOLUTION NO. 2005-80 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING TAE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 98-1 Adopted Resolution No. 2005 - 81, confirnung the special tax rates for CFD 2003-1. RESOLUTION NO. 2005-81 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003-1 Adopted Resolution No. 2005 - 82, confirming the special tax rates for CFD 2003-2. RESOLUTION NO. 2005-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003-2 Agwda I[em No. Page_of Page Eight - City Council Minutes - July 26, 2005 Adopted Resolution No. 2005 - 83, confirnung the special tax rates for CFD 2004-3. RESOLUTION NO. 2005-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2004-3 Adopted Resolution No. 2005 - 84, confirming the special tax rates for CFD 2005-1. RESOLUTION NO. 2005-84 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2005-1 ITEMS PULLED FROM THE CONSENT CALENDAR Extension of Term of Franchise for cable television.(F:68.1) City Manager Brady gave an overview of the item. Vida Boice, Lake Elsinore, commented that not all City residents had cable. She noted that a number of her neighbors had satellite. She suggested a share of the communication system between cable and satellite. Councilman Buckley indicated that he agreed with Mrs. Boice, but unfortunately the Council could not regulate the satellite. He explained that was an FCC issue. He indicated that the City received franchise funds from Comcast and that they put on the public access. He reiterated that the Council could not force Direct TV or Dish to air the Lake Elsinore public access. Agenda I[em No. Page_of Page Nine - City Council Minutes - July 26, 2005 Mayor Magee commented that County Supervisar Stone had formed a committee to work with a station in the Hemet area to bring a local station to the valley; and they were warking with the City local cable provider. He noted that there was a meeting scheduled next month. MOVED BY SCHIFFNER, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-73, AMENDING RESOLUTION NO. 89-11 REGARDING TERM OF NON-EXCLUSIVE FRANCHISE. RESOLUTION NO. 2005-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CITY OF LAKE ELSINORE RESOLUTION NO. 89-11 REGARDING TERM OF NON- EXCLUSIVE FRANCHISE. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-74, PROVIDING APPROVAL FOR A TRANSACTION INVOLVING COMCAST CORPORATION AND TIME WARNER CABLE INC. RESOLUTION NO. 2005-74 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDINGAPPROVAL FORA TRANSACTION INVOLVING COMCAST CORPORATION AND TIME WARNER CABLE INC. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2004-3 (Rosetta Canyon).(F:223) City Manager gave an overview of the item and deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave an in-depth overview of the item. He noted the number of homes involved and the dollar amount for Agenda ftem No. Page_of Page Ten - City Council Minutes - July 26, 2005 each Improvement District. He noted the documents befare Council. MOVED BY SCHIFFNER, SECONDED BY BUCKLEYAND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-85, APPROVING ISSUANCE OF CFD 2004-3 (ROSETTA CANYON) 200 SERIES A BONDS, FISCAL AGENT AGREEMENT, PURCHASE CONTRACT, PRELIMINATRY OFFICIAL STATEMENTS. RESOLUTION NO. 2005-85 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE ISSUANCE OF THE CTTY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYOl~ SPECIAL TAX BONDS (IMPROVEMENT AREA NO.1) 2005 SERIES A AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A PURCHASE CONTRACT, AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH PUBLIC HEARINGS 21. Citvwide Lighting and Landsca~g Maintenance District and the Landsca~e and Lightine Maintenance District No. 1 for the Fiscal Year 2005-06. (F:22.2) Mayor Magee introduced the item and opened the public hearing at 7:25 p.m. Mayor Magee deferred to City Manager Brady. City Manager Brady requested that City Attorney Leibold announce the notice far the item. City Attorney Leibold advised that notice of the item had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was available in the City Clerk's Office. Mayor Magee requested testimony from the public. There was no public testimony on this item. Agenda 1[em No. Page_of Page Eleven - City Council Minutes - July 26, 2005 Councilman Buckley clarified that although the report did not list funding for the lights along Lakeshore Drive, there was funding available. MOVED BY BUCKLEY, SECONDED BY AICKMAN TO ADOPT RESOLUTION NO. 2005-86, SETTING THE FY 2005-06 BENEFIT ASSESSMENT FOR THE CITYWIDE LLMD. Mayor Magee inquired if there were any property owners subject to the proposed assessment that wished to file written protests. He advised that only a written protest could be considered. Mayor Magee closed the public hearing at 7:28 p.m. Mayor Magee instructed Deputy City Clerk Ray to tabulate the vote. Deputy City Clerk Ray commented that there was no majority protest that existed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2005- 06. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-87 FOR LLMD NO. 1. Agenda Item No. Page_of Page Twelve - City Council Minutes - July 26, 2005 RESOLUTION NO. 2005-87 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2005- 06. 22. Mitigated Negative Declaration No. 2005-03/Mitigation Monitoring Program, General Plan Amendment No. 2005-02, Zone Chan~e No. 2005-03 -APN 373-071-018.(F:83.2)(F:172.2) Mayor Magee indicated that staff was requesting a continuance of Item Nos. 22 and 23. MOVED BY SCHIFFNER, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NOS. 22 AND 23 TO THE AUGUST 9TH CITY COUNCIL MEETING~ 23. Mitigated Ne~ative Declaration No. 2005-04/Mitieation Monitoring Program, General Plan Amendment No. 2004-10, Tentative Parcel Map (for condominium purposesl No. 32674 and Residential Desie,n Review No. 2004-11-APN 379-315-044. (F:110.2)(F:172.2) MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NOS. 22 AND 23 TO THE AUGUST 9TH CTTY COUNCIL MEETIN~ 24. Public Hearine for consideration of objections and to the confirmation and placement of char es on propertv tax bills. (F:163.1)(F:166.1) Mayar Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Parks & Open Space Manager Fazzio. Agenda I[em No. Page_of Page Thirteen - City Council Minutes - July 26, 2005 Parks & Open Space Manager Fazzio commended his staff on their efforts. He indicated that they had cleared a total of 706 private parcels, which equated to 260 acres, trimmed over 600 trees, and removed 4,070 tons of trash and debris, which included 500 tons of hazardous waste. He noted the billing was $428,397.2L He noted that 95% of the property owners billed lived outside of the City limits. Mayor Magee opened the public hearing at 7:31 p.m. Vida Boice, Lake Elsinore, commented that she had seen a lot of improvement in regards to weed abatement. She noted that there were commercial properties that needed abatement. She questioned the City's efforts to clean up those areas and questioned the policy as it referred to commercial properties. Mayor Magee directed Mrs. Boice to staff, so staff could locate the sites in question and deternune if it they were located in City limits and if it was a code enforcement or weed abatement matter. Councilman Hickman requested that staff view the bungalows on Franlclin Street and Ellis Street. He indicated that he had received commendable remarks from residents on the progress and the beautification Mr. Fazzio's division was doing. Mayor Magee closed the public hearing at 7:33 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-88 FOR WEED ABATEMENT COST RECOVERY. RESOLUTION NO. 2005-88 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF Agenda I[em No. Page_of Page Fourteen - City Council Minutes - July 26, 2005 THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING TfIAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-89 FOR NUISANCE ABATEMENT COST RECOVERY. RESOLUTION NO. 2005-89 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 25. Residential Design Review Project No. 2004-14.(F:110.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He advised that the Planning Commission was recommending approval of the Design Review. Agenda 1[em No. Page_of Page Fifteen - City Council Minutes - July 26, 2005 Mayor Magee opened the public hearing at 7:35 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-90, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-14, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OFAPPROVALAND EXHIBITS. Mayor Magee closed the public hearing at 736 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-90 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-14 FOR THE PROJECT LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN AVENUE AND RAVETTA LANE WITHIN TENTATIVE PARCEL MAP NO. (S) 31357 AND 31685. GENERAL The applicant shall defend (with counsel acceptable to the Ciry), indemnify, and hold harmless the City, iu Official, Officers, Employees, and Contract Agents from any claiin, action, or proceeding against the Ciry, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body conceming the subject project located at the northwest and northeast comers of Mountain Street and Raveta Lane, which action is bought within the time period provided for in Califomia Government Code Sections 65009 and/or 6649937, and Public Resources Code Secuon 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the Ciry fails to prompdy notify the Applicant of any such clairn, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indenuiify, or hold harmless the Ciry. Agenda Item No. Page_ot Page Sixteen - City Council Minutes - July 26, 2005 PLANNING DIVISION 2. The project shall comply with all conditions of approval associated with Tentative Parcel Map No. (s) TPM 31357 and TPM 31685. 3. Design Review approval for Residential Design Review No. 2004-14 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval date. An extension of time (up to one year per extension) may be granted by the Community Development Director priar to expiration of the initial Design Review approval. The applicant must submit an application one month prior to expiration. 4. Conditions of approval shall be reproduced upon page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. ~ 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission through subsequent action. 7. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 8. Applicant is to meet all applicable City Codes and Ordinances. 9. Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday and no construction activity shall occur on Saturday, Sundays or legal holidays. 10. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 11. Applicant is to meet all applicable County Fire Department requirements for fire protection. Agenda [tem No. Page_of Page Seventeen - City Council Minutes - July 26, 2005 12. Applicant is to meet all applicable Building and Safety Division requirements. 13. A cash bond of $1,000 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers subject to the approval of the Community Development Director or Designee. 14. The applicant shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 15. Any exteriar air conditioning units or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets behind the rear fence. The air conditioning unit may not encroach more than two feet into the required minimum side setback. 16. Garages shall be constructed to provide a minimum of 10'-0" x 20'-0" of interior clear space far two cars for a total interior clear space of 20'-0" x 20'-0". 17. A final Landscaping and Irrigation Plan shall be submitted for review and approva] by the City's Landscape Architect Consultant and the Community Development Director or designee prior to building permits. A Landscape Plan Check fee and Inspection fee shall be paid for the entire project at the time of submittal. 18. All front yards and side yards on corner lots shall be properly landscaped and irrigated with automatic underground irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. a) The applicant shall plant street trees to match existing street trees a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. b) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty- six-inches (36"). c) 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 ar drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. d) All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for labor and materials for two years from Certificate of Occupancy. e) All landscaping and irrigation shall be installed within an affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Agenda Item No. Page_of Page Eighteen - City Council Minutes - July 26, 2005 fl Final landscape plan must be consistent with approved site plan. 19. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation system and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. 20. Driveways shall be constructed of concrete per Building and Safety Division standards. 21. Fences located in any front yard shall not exceed 36 inches in height with the exception that wrought iron fences may be five feet in height. Chain link fences shall be prohibited. 22. The applicant shall submit a final wall and fence plan subject to review and approval of the Community Development Director or designee, prior to approval of the precise grading plan. All walls and fences adjacent the public right-of-way and return walls between the proposed houses shall be constructed of decorative material. 23. Priar to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinare Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall pay park-in-lieu fees in effect at the time of building permit issuance. 25. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee. 26. The address (in numerals at least four inches high) shall be displayed near the entrance of the residence and be visible from the street. 27. Applicant shall provide a flat concrete pad a minimum area of 3'0" by TO" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall be concealed from public view. 28. When an elevation faces a public right-of-way additional architectural treatments shall be required. Enhanced Architectural treatments shall include surrounds for windows, shutters or other architectural features per the approval of the Community Development Director or designee. 29. Prior to issuance of a Certificate of Occupancy for any home, the applicant shall join the appropriate Landscaping and Lighting Maintenance District. Agenda Item No. Page_of Page Nineteen - City Council Minutes - July 26, 2005 ENGINEERING DIVISION 30. The project shall comply with all conditions of approval associated with Tentative Parcel Map No. (s) TPM 31357 and TPM 31685). 31. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMG~ prior to Building Pemut issuance. 32. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resoluuon 85-26). The Traffic Impact Fee is ('ITF fee per unit~; the Drainage Fee (Appropriate Drainage District~, the K-Rat fee and the 'I'UMF (per unit) are due at the tune of Building Permit issuance. 33. 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. 34. Construct all public works improvements per approved street plans (I.EMC 12.04~. 35. Pay all fees and meet requirements of encroachment pemut issued by the Engineering Division for construction of public works improvemenu (LEMC 12.08 and Resolution 83-78). 36. All compacaon reports, grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 38. Provide street lighting and show lighting unprovements as part of street improvement plans as required bythe CiryEngineer. 39. Developer shall install blue reflecuve pavement markers in the street at all fire hydrant locauons. 40. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utiliry. 41. Provide soils, geology and seismic repon including street design recommendarions. Provide final soils report showing compliance with recommendations. 42. An Alquis-Priolo study shall be perforxned on the site to identify any hidden earthquake faults andlor liquefaction zones present on-site. 43. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stabiliry and proper erosion control. Agenda Page_of Page Twenty - City Council Minutes - July 26, 2005 44. Individual lot 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. 45. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed bya method approved bythe CityEngineer. 46. All drainage facilities in this tract shall be constructed to Riverside Counry Flood Control District Standards. 47. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the Czry Engineer. 48. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 49. A drainage acceptance letter will be necessary from the downstream properry owners for out letting the proposed stormwater run-off on private propeny. 50. Applicant shall provide first blush BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 51. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permiu. The applicant shall provide a SWPPP for post construction which describes BNII"s that will be implemented for development. 52. Applicant shall obtain and maintain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading pernuu. The applicant shall provide a SWPPP for post construction which describes BMI''s that will be implemented for the development and mcluding maintenance responsibilities. 53. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54. In accordance with the Cit~s Franchise Agreement for waste disposal & recycling, the applicant shall be requu-ed to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Agenda I[em No. Page_of Page Twenty-one - City Council Minutes - July 26, 2005 Provide a reciprocal access easement that will serve as vehicular and utility access to all parcels created to the satisfaction of the City Engineer; easement shall be recorded as part of the final map approval process (Amended at the July S, 2005 Planning Commission Meeting). 26. Tentative Parcel Map no. 33635 (for condominium purposesl and Residential Desien Review No. 2004-23 for Brookside Terrace.(F 110.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He advised that the Planning Commission had recommended approval. He indicated that Condition of Approval No. 48 was going to be changed to read, "Pay all development fees, consistent with the terms of the development agreement." He noted that the applicant concurred with the change. Mayor Magee opened the public hearing at 7:37 p.m. David Dunham, representative of Pardee Homes, commented that he was available to answer any questions. Councilwoman Kelley questioned if there was a timeframe for the first models to open. Mr. Dunham indicated that pending the building permit they would start immediately. She questioned if there was a price range. Mr. Dunham indicated that they were considering the high $200,000 to the mid $300,000. Mayor Pro Tem Schiffner commented that he had reviewed the documents and it was a beautiful plan and was a nice addition to Lake Elsinore. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-91, APPROVING TENTATIVE PARCEL MAP NO. 33635, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL AND EXHIBITS. Mayor Magee closed the public hearing at 7:40 p.m. Agenda Item No. Page_of Page Twenty-two - City Council Minutes - July 26, 2005 FOREGOING MOTION CARRIED BY UNANIMOUS VOTE RESOLUTION NO. 2005-91 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 33635 (FOR CONDOMINIUM PURPOSES) FOR THE PROJECT KNOWN AS "BROOKSIDE TERRACE" LOCATED WITHIN PLANNING AREA NO. 5 OF THE CANYON HILLS SPECIFIC PLAN. MOVED BY KELLEY, SECONDED BY ffiCKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-92, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-23, BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND EXHIBITS, AND INCLUDING THE AMENDMENT TO CONDITION OF APPROVAL NO. 48. RESOLUTION NO. 2005-92 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-23 FOR THE PROJECT KNOWN AS `BROOKSIDE TERRACE" LOCATED WITHIN PLANNING AREA NO. 5 OF THE CANYON HILLS SPECIFIC PLAN. GENERAL CONDITION The applicant shall defend (with counsel acceptable to the Cityj, indenuiify, and hold harmless the City, iu Official, Officers, Employees, and Agents from anyclaim, action, or proceeding against the Ciry, its Official, Office~, Employees, or Agents to attach, set aside, void, or annul an approval of the Ciry, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the tune period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Ciry will promptly notify the Applicant of any such claim, acuon, or proceeding against the Ciry and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indeinnify, or hold harmless the Ciry. Agenda Item No. Page_ol_ Page Twenty-three - City Council Minutes - July 26, 2005 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of sixty-four dollars ($64.00) to the Planning Division within 48 hours of the approval date for the required Environmental Filing. TENTATIVE CONDOMINILJM MAP NO. 33635 3. Tentative Parcel Nlap No. 33635 will e~ire two (2) yea~ from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an e~;tension of time is granted by the Ciry of Lake ELsinore City Council in accordance with the Subdivision Map Act. 4. The Tentative Parcel Map shall complywith the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, T"itle 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of Tentauve Parcel Map, the improvemenu specified herein and approved by the Plamiuig Cominission and the Ciry Council shall be installed, or agreemenu for said improvements, shall be submitted to the City for approval by the Ciry Engineer, and all other stated conditions shall be complied with. All uncompleted improvemenrs must be bonded for as part of the agreemenu. 6. Prior to the first certificate of occupancy the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the Ciry Attorney. The CC&R's shall include methods of maiutaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all undeiground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&1Z's shall established methods to address design improvemenu. The applicant shall incorporate specific language into the CC&R's which restrict exiting at the secondaryaccess to emergencies only. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or joindy owned which have any righu or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entiry shall operate under recorded CC&R's which shall include compulsory membership of all owners of lou and/or dwelling uniu and flexibility of assessments to meet changing cosu of maintenance, repairs, and services. Recorded CC&.R's shall pemut enforcement bythe Cityfor provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not applyto land dedicated to the Ciryfor public purposes. Agenda Item No. Page_of Page Twenty-four - City Council Minutes - July 26, 2005 9. Provisions to restrict parlflng upon other than approved and developed parking spaces shall be wriaen into the covenanu, conditions and restrictions for each project. 10. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreemenu shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a mauner as to cause same to consutute a public nuisance, said City may, upon proper notice and hearing, institute sui7unary abatement procedures and impose a lien for the cosu of such abatement upon said common area, individual uniu or whole thereof as provided by law. 13. Each unit owner shall have full access to commonlyowned areas, facilities and utiliues. 14. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report prepared forthe CarryrmHills SpecificPlan 15. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable uniu in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. RESIDENTIAL DESIGN REVIEW NO. 2004-23 16. Design Review approval far Residential Design Review No. 2004-23 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations Agenda I[em No. Page_of Page Twenty-five - City Council Minutes - July 26, 2005 shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Counci] through subsequentaction. 19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 20. All exteriar on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 21. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 22. No exterior roof ladders shall be permitted. 23. Applicant shall use roofing materials with Class "A" fire rating. 24. The Planning Division shall approve the location of any conshuction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 25. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Directar or designee. 26. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 27. On-site surface drainage shall not cross sidewalks. 28. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 29. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 30. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Agenda I[em Na. Page_of Page Twenty-six - City Council Minutes - July 26, 2005 31. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 32. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged priar to final landscape approval based on the ConsultanYs fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. Agenda Item No. Page_of Page Twenty-seven - City Council Minutes - July 26, 2005 i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 33. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Officia] prior to issuance of building permits and final approval. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 36. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time oFbuilding permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 37. ~ Deletedperthe Planning Cornmission onJune 21, 2005. 38. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. 39. Construct vehicle turn-around at each gated location. Turn-around shall be constructed outside the gate. Agenda Item No. Page_of Page Twenty-eight - City Council Minutes - July 26, 2005 40. Convey all slope drainage to street or storm drain system. System shall intercept significant storm run-off from encroaching onto the 15-foot building set-back or private driveway `A'. 41. All private drives shall meet with fire requirements with respect to road width, street slope and curve radius. 42. Landscaping adjacent to Canyon Hills Road shall be placed so as not to interfere with the sight distance of exiting vehicles. 43. On site storm run-off shall be detained unless otherwise provided for by the underlying project map. 44. Slope adjacent to Private Drive `A' shall be planted to reduce erosion. Drainage along the slope adjacent to Private Drive `A' shall be constructed to convey storm flows and nuisance imgation flows to an established drainage course. 45. Additional median cuts shall not be allowed unless otherwise approved by the City Engineer. 46. Parking shall not be allowed in any of the drive aisles except at designated spaces. 47. Project shall install provisions to convey off-site water to the public storm drain system. 48. Pay all development fees, including area drainage fee, TIF and Ti.JMF. 49. Provide drainage plan including hydrology and hydraulic information. 50. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 52. 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 issuance of building permit. 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 1634). Agenda I[em No. Page_of Page Twenty-nine - City Council Minutes - July 26, 2005 54. Street improvement plans and specifications shall be prepared by a Cali£ Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 55. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 56. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 58. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 59. 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. 60. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer unless otherwise provided. 61. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 62. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 63. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 64. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Agenda I[em No. Page_of Page Thirty - City Council Minutes - July 26, 2005 65. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Cali£ Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 66. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless provided by underlying subdivision map. 68. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 69. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 70. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obshuctions". 71. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 72. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 73. Meet all requirements of LEMC 15.68 regarding floodplain management. 74. The applicant to provide FEMA elevation certificates as applicable prior to certificate of occupancies. 75. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Agenda Item No. Page_of Page Thirty-one - City Council Minutes - July 26, 2005 76. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 77. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains shall drain through a minimum 20-feet of landscaped area prior to entering into a closed drainage system. 78. 10 year storm runoff should be contained within the curb and the 100 year storm runoff shall be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 79. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 80. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board far the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 81. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 82. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 83. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMUNITYSERVICES DEPARTMENT 84. Applicant shall pay applicable park fees. 85. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. Agenda Item No. Page_of Page Thirty-two - City Council Minutes - July 26, 2005 86. The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 87. The City landscape architect shall review and approve all landscaping plans. 88. The Home Owner's Association (HOA) shall maintain all landscaped areas including landscaping fronting Lakeshore Drive, open space, water quality basin and all interior plantings. 89. The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. 90. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). 91. Water quality basin outlet to meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 92. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-O1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 93. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.l to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE CO UNTY FIRE DEPARTMENT 94. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ardinances and/or recognized fire protection standards. 95. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. Agenda Item No. Page_of Page Thirty-three - City Council Minutes - July 26, 2005 CONDITIONAL USE PERMIT NO 2005-08 96. Conditional Use Permit No. 2005-08 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one yeaz, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 97. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 98. The Conditional Use Permit granted herein shall nxn with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 99. The applicant shall defend (with counsel acceptable to the Cityj, indenuiify, and hold harmless the City, iu Official, Officers, Employees, and P,gents from any claim, action, or proceeding against the Ciry, its Official, Officers, Employees, ar Agenu to attach, set aside, void, or annul an approval of the Ciry, iu advisory agencies, appeal boards, or legislative body conceming the Conditional Use Pemut/Design Review C 2003-07, which acuon is brought forward within the time period provided for in California Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the Ciry fails to promptly notify the Applicant of any such claixn, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 100. Prior to final certificate of occupancy of the Conditional Use Pernut, the unprovements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvemenu, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements mtut be bonded for as part of the agreemenu. 101. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hou~ of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 102. Security lighting shall be required. All exterior on-site lighting shall be shielded and d'u-ected on-site so as not to create glare onto neighboring propeny and streeu or allow illumination above the horizontal plane of the fixture. Agenda Item No. Page_of Page Thirty-four - City Council Minutes - July 26, 2005 27. Commercial Design Review No. 2005-04 for EZ Lube at Lake Elsinore Market Place.(Fll0.2) Mayor Magee iniroduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He indicated that they were relocating the building to a preferable location. He noted that it would still be on the same pad and lot. He advised that the Planning Commission was recommending approval. Mayor Magee opened the public hearing at 7:42 p.m. MOVED BY HICKMAN, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2005-93, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-04, BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND EXHIBITS. Mayor Magee closed the public hearing at 7:44 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-93 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-04, FOR THE DESIGN AND DEVELOPMENT OF A 1,854 SQUARE FOOT EXPRESS AUTOMOTIVE LUBRICATION FACILITY LOCATED ON PAD "T" OF THE LAKE ELSINORE MARKET PLACE, ASSESSOR PARCEL NO. 377-040-027 ON TPM NO. 23269. Agenda Item No. Page_of Page Thirty-five - City Council Minutes - July 26, 2005 GENERAL 1. The applicant shall defend (with counsel acceptable to the Cit}~, indemuify, and hold harmless the Ciry, iu Official, Officers, Employees, and Agenu from any claim, action, or proceeding against the City, iu Official, Officers, Employees, or Agenu to attach, set aside, void, or annul an approval of the Ciry, iu advisory agencies, appeal boards, or legislative body concerning the subject project known as"EZ Lube" at the Lake Elsinore Market Place located at 377-040-027, which action is brought within the tune period provided for in California Govemment Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafrer, be responsible to defend, indemnify, or hold harmless the Ciry. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004021018). COMMERCIAL DESIGN REVIEW NO. 2005-04 3. The Design Review approval located on Pad "T", Parcel No. 377-040-027 of TPM No. 23269 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless priar to the expiration of one (1) year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 4. Prior to the certificate oF occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate oF Occupancy and release of utilities. 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, ar the Planning Commission/City Council through subsequent action. Agenda Item No. Page_of Page Thirty-six - City Council Minutes - July 26, 2005 Any alteration or expansion of this Design Review approval shall be reviewed accarding to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinare Municipal Code. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 9. The applicant shall provide supplementary landscaping as shown on the site plan and the landscape plan in the form of ground cover and shrubs along the Northeast Elevation as wall as to provide the required screening of inechanical and electrical equipment from the drive aisle, pursuant to Section 1738.110.D of the Lake Elsinore Municipal Code. 10. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 11. All building signage shall comply with the Sign Program submitted to the Planning Division as well as Chapter 17.94 of the LEMC. The applicant shall apply for the appropriate permit with the Community Development Division. 12. Flagpole as noted on the site plan shall be no taller than twenty feet (20') and shall only be used to fly the American flag. 13. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 17. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 18. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 19. On-site surface drainage shall not cross sidewalks. Agenda 1[em No. Page_of Page Thirty-seven - City Council Minutes - July 26, 2005 20. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. PRIOR TO BUILDING/GRADING PERMITS 21. Prior to issuance of any grading permit ar building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 22. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building OFficial prior to issuance of building permits and final approval. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEER/NG 26. Clearly post directional signs to the service bay entrance. Show sign locations on a signing and striping plan to be approved by the City Traffic Engineer. 27. Comply with the developmenYs underlying Conditions of Approval. 28. Landscaping along northeasterly landscape island shall not obstnxct view of traffic exiting the proposed project parking lot. 29. Trash enclosure shall be situated such that trucks attempting to empty the bins do not block the traffic circulation of the adjacent business's parking or drive-through. 30. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 31. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation. 32. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. Agenda 1[em No. Page_of Page Thirty-eight - City Council Minutes - July 26, 2005 33. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer anangements have been made for this project. Submit this letter prior to final map approval. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8%" x 11 ° Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 36. Applicant shall submit a traffic control plan showing all traffic control devices for the project. All traffic control devices shall be installed prior to final inspection of public improvements. 37. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattem is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted beFore grading begins. 38. Provide soils, geology and seismic report unless otherwise provided. 39. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 40. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 41. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 42. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Agenda ltem No. Page_of Page Thirty-nine - City Council Minutes - July 26, 2005 43. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 44. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTYFIRE DEPARTMENT 45. The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Fire Department, dated May 23, 2005 and June 16, 2005. CONDITIONAL USE PERMIT 46. The Conditional Use Pemut approved herein shall lapse and shall become void one (1) year following the date on which the use pernut became effective, unless prior to the eapiration of one year a building pernut is issued and construction commenced and diligendy pursued toward completion on the site. 47. The Conditional Use Pemut shall comply with the all applicable requirements of the I.ake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 48. The Conditional Use Perxnit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 49. Prior to final certificate of occupancy of the Conditional Use Pernut, the improvements specified herein and approved by the Planning Coixunission and the City Council shall be installed, or agreemenu for said improvemenu, shall be submitted to the City for approval by the Ciry Engineer, and aU other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreemenu. 50. The hours of operation for the automotive express lubrication facility shall be limited to the hours of operation eapressed within the Business Plan submitted. 51. The applicant shall at all times comply with Secrion llJ8 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 52. The use of an outdoor public address system shall not be allowed. Agenda Item No. Page_of Page Forty - City Council Minutes - July 26, 2005 53. Security lighting shall be required. All ea~terior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring propeny and streeu or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development D'u-ector or designee. OUTSIDE AGENCIES LAKE ELSINORE POLICE DEPARTMENT 54. The applicant shall comply with all the conditions referenced in the attached letter from the Lake Elsinare Police Department, dated June 8, 2005. RIVERSIDE COUNTYHAZARDOUS MATERIALS DIVISION SS.The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Hazardous Materials Division, dated Apri120, 2005. BUSINESS ITEMS 31. Second Readine - Ordinance No. 1152 - A~ rp oving Zone Chanee No. 2005- O5.(F172.2) Mayar Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. ll52, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE-ZONE) NO. 2005-OS CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 391-170-005, 007, 391-200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390-160- Agenda I[em No. Page_of Page Forty-one - City Council Minutes - July 26, 2005 001,002,011,012,391-240-011,012,391-240-001,390-170-001,391-260- 001,389-020-032,390-190-011,012,013,389-080-037,and 389-020-036 TO M-3 MINERAL RESOURCES AND RELATED MANUFACTURING UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF THE ANNEXATION NO. 72. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Branding subcommittee recommendation: Consideration of Branding Project alternatives and consultin~ services.(F:44.1)(F:70.1) Mayor Magee introduced the item and deferred to Branding subcommittee member Hickman. Councilman Hickman gave an overview of the item. He deferred to Information/Communications Manager Dennis and George Bloomfield of the George Bloomfield Group, Inc. for a presentation. George Bloomfield gave a more in depth overview of the item. He indicated that there were two altematives as listed in the staff report in which he felt were considerable. Kim Cousins, President of the Lake Elsinore Chamber of Commerce, commented that the he was in favor with the Council moving forward. He advised that it was a critical point in the venture of the City to invest in the future. He indicated it would give a more positive and clarified position with the community. He noted that currently there was no clear message for Age~da ltem No. Page_of Page Forty-two - City Council Minutes - July 26, 2005 the City. He suggested that Altemative 2 would be a more favorable decision. Councilman Buckley commented about the Murrieta logo. He indicated that people did not know if it was the mountain sides or the connection between 215 Freeway and 15 Freeway. He indicated that external research would help avoid those types of problems. Councilman Hickman noted that developers were willing to contribute $40,000 towards this project. He thanked Mr. Stringer of Pardee Homes far being one of the contributors. He suggested Alternative 2. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE ALTERNATIVE 2 AND AUTHORIZE THE CITY ATTORNEY TO PREPARE A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE BLOOMFIELD OF THE BLOOMFIELD GROUP, INC FOR THE BRANDING PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $53,000. Councilwoman Kelley indicated that when this first started she had vision just the branding, not a complete markering plan. She indicated that she could support Alternative 2, keeping in mind the price was $53,000; which was only for the design, not the implementation. Councilman Buckley suggested taking the opinion research-telepoll of $25,000 out of Alternative 1 and have it placed into Alternative 2 and removed the Alternative 2 focus group and used an informal focus group in the City. Mayor Magee indicated that he could not support the addirional funding for an opinion research-telepoll. He indicated that he could support the motion on the table, with the understanding that the Bloomfield Group would report back to the full Council with the results of the branding package. Mayor Pro Tem requested clarification that alternate logos would be part of the report. Mr. Bloomfield clarified that would be included in the report. Agenda [tem No. Page_of Page Forty-three - City Council Minutes - July 26, 2005 33. Animal Shelter O tions.(F:18.3)(F:18.4) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Community Services Director Sapp. Community Services Director Sapp explained that the staff had viewed three separate properties owned by the City that would be ideal for construction of a shelter. He referred Council to page 4 of 38, which reflected Exhibit "A". He noted the cost for three different temporary sites and the cost for a permanent facility, in comparison to the proposed cost for the Animal Friends/JPA; he recommended that staff continued participation with the JPA and move forward with the construction of the shelter. Ace Vallejos, 15231 Cobre Street, commented that he would recommend the City Council move forward with Animal Friends/JPA. He indicated that it would be more efficient, rather than the City taking on the full responsibility. Councilman Buckley commented that modern animal shelters were built essentially to hospital standards and the City was required by law to have a animal shelter. He indicated that the JPA would be having a tour of the San Diego facility and the public was invited to attend. Councilman Hickman indicated that $9 million was expensive and hoped that the JPA brought back a lower figure to the Council. Mayor Pro Tem Schiffner indicated that he was in favar of an animal shelter. He indicated that he wanted to know the exact cost before he committed. Councilwoman Kelley commented that the City was in need of a animal shelter. She concurred with other members of the Council that $9 million was expensive and urged the Councilman Buckley make sure that the Council's feelings were well voiced and they would like to see the budget trimmed where possible. She noted that Lake Elsinore would be responsible for paying 28.1 % of the shelter's cost, based on the amount of animals hzmed in from the Lake Elsinore area; and the Council had been assured that percentage wouid Agenda Item No. Page_of Page Forty-four - City Council Minutes - July 26, 2005 drop if the animals were not turned in from the Lake Elsinore area. She questioned who would be responsible for all of the calculations and make sure the numbers were accurate. Mayor Magee commented that from what he understood it to be, Animal Friends of the Valley audited annually and the numbers would be adjusted annually. Mrs. Anderson, representative of Animal Friends confirmed that Mayor Magee was correct. Councilman Buckley advised that the JPA would meet with each of the City's before there was any final commitment for funding. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO CONTINUE ITS PARTICIPATION AS A MEMBER OF TAE JOINT POWERS AUTHORITY (JPA) FOR THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY FOR THE CONSTRUCTION OF A NEW ANIMAL SHELTER. Mayor Magee indicated that the City had not only a legal, but a moral obligation to provide humane treatment and shelter to domesticated animals that could not take care of themselves. He further indicated that Council had directed staff to come up with altematives to joining the JPA; and staff had brought back a very good report and commended Community Services Director Sapp on the staff report. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 34. Selection and Appointment of Public Safety Advisory Commissioners and Planning Commissioner.(F:44.1)(F:59.6)(F:60.2) Mayor Magee gave an overview of the item. He commented that he and Councilwoman Kelley were the subcommittee that reviewed the applications and conducted the interviews. He further commented that they have brought recommendations forward to the full Council. He noted that they had received a total of 20 applications for the tYu~ee positions. He introduced Valerie Sund and Axel Zanelli for the appointees to the Public Safety Advisory Commission and Fred Francia for the appointee to the Planning Commission. Agenda I[em No. Page_of Page Forty-~ve - City Council Minutes - July 26, 2005 MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT VALERIE SUND AND AXEL ZANELLI TO THE PUBLIC SAFETY ADVISORY COMMISSION. Mayor Magee invited Mrs. Sund and Mr. Zanelli to speak to the public. Mrs. Sund thanked the Council for the appointment. She noted that she was a 14- year City resident and had been involved with volunteer work in the community. Mr. Zanelli thanked the Council for the appointment. He noted that he was a 5-year City resident and was a retired Fireman. Mayor Magee introduced Mr. Francia and invited him to speak to the public. Councilman Buckley noted that consistent with City Policy 200-Sb, Section b, sub-paragraph 2, he would be happy to move the approval of Mr. Francia to the Planning Commission, but he would request that Mr. Francia step down from the General Plan Advisory Committee. Mr. Francia commented that he would step down from the GPAC. He thanked Council for the appointment. He indicated that the GPAC was doing an excellent job and he would not be missed. He also thanked his wife for her support. MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPOINT FRED FRANCIA TO THE PLANNING COMMISSION AND ACCEPT HIS RESIGNATION FROM THE GENERAL PLAN ADVISORY COMMITTEE; AND APPOINT THE CITY RESIDENT THAT WAS LISTED AS AN ALTERNATE TO THAT SEAT. Mayor Magee explained that Mr. Tim Fleming would no longer be an alternate member, but a full member of the GPAC. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:19 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. Agenda I[em No. Page_of Page Forty-six - City Council Minutes - July 26, 2005 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: July 30th - INT Waterski/Wakeboard Competition Aug 6`" - Household Hazardous Waste Collection Aug 6`h - Ophelia Theatre Group and the Elsinore Valley Arts Network Presents "Jakes Women" by Neil Simon Aug 13th - Music With A View Concert Series - Brian Lynn Jones and the Misfit Cowboys Aug 13`h - Canyon Lake Wakeboard Club Wakeboard Competition CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. Agenda I[em No. Page_of Page Forty-seven - City Council Minutes - July 26, 2005 CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She encouraged everyone to attend the Music With a View Concert Series. Mayor Pro Tem Schiffner commented on the following: 1) He expressed his appreciation for the appointees to the Commissions. Councilman Hickman commented on the following: 1) He thanked the Chamber of Commerce for the reverse drawing. 2) He thanked Jerry Hortmaz and Ruth Atkins for the money they donated to H.O.P.E. from the reverse drawing. 3) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674-2526. Councilman Buckley commented on the following: 1) He welcomed the new City employees and appointees 2) He announced the Historical Society would be having an estate sale in the basement of the Cultural Center on August 4`", Sth, and 6`h, 7 a.m. until noon. Mayor Magee commented on the following: 1) He scheduled a Joint Study Session for the City Council, Planning Commission and Public Safety Advisory Commission for Tuesday, August 30`h at 4 p.m. at the Cultural Center. He requested staff contact the commissioners. Agenda I[em No. Page_of Page Forty-eight - City Council Minutes - July 26, 2005 ADJOURNMENT The Regular City Council Meeting was adj ROBERT E. MA(~EE, MAYOR CITY OF LAKE ELSINORE ATTEST: ~'REDERIC~:iC~: Y, DEPUTY CITY CLERK CITY OF L ELSINORE Agenda Item No. Page_of MINUTES REGULAR CITY COUNCIL MEETING CTTY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 9, 2005 *~:~***~***~*~:~~:~*~**:~~:~*:~~*~:~~*~:~~*~:~~:~*~*~~~~:~~~:*~**~:~**~~~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:37 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN (Councilman Hickman arrived at 7:25 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:40 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Agenda Item No. Page_of Page Two - City Council Minutes - August 9, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by former Councilmember Starkey. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN (Councilman Hickman arrived at 7:25 p.m.) Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and Deputy City Clerk Ray. PRESENTATION/CEREMONIALS A. Certificate of Appreciation.(F:122.1) Mayor Magee called former Public Safety Advisory Commission Chairman Lewis forward for the presentation. Mayor commented that Mr. Lewis had served a 2-year term on the PSAC. Mayor Magee read and presented the certificate. Mr. Lewis thanked the City Council. B. CertificateofRecognirion.(F:122.1) Mayor Magee called Mr. Lee Rupp forward for the presentation. Mayor Magee read and presented the certificate. Mr.Rupp commented that the Agenda 1[em No. Page_of Page Three - City Council Minutes - August 9, 2005 mural was in honor of all military personnel serving our country overseas and, in particular, his unit that would be leaving in December for a tour of duty overseas. He noted that the mural was to show appreciation and respect for those military personnel. He requested that everyone pray for a safe return for all military personnel and remember those members that did not make it back home. C. Proclamation for Friends of the Library.(F:122.1) Mayor Magee called Laurie Purcell forward for the presentation. Mayor Magee read and presented the proclamation. Ms. Purcell thanked the City Council for the proclamation; and invited everyone to visit the library. D. Proclamation for Anne Washington.(F:122.1) Mayor Magee called Anne Washington forward for the presentation. He indicated that in 1988 the City decided to step away from its commitment for animal control services, Mrs. Washington and a group of volunteers stepped forward and unselfishly filled the void. He indicated that he was proud to present the proclamation to Mrs. Washington. Mayor Magee read and presented the proclamation. Mrs. Washington thanked the City Council, family, friends and the LEAF staff inembers. CLOSED SESSION REPORT City Attorney Leibold announced that at the Study Session the City Council made a finding to meet in Closed Session under the authority of Government Code Section 54956.9 b2, to deternune whether facts or circumstances were present that would have authorized a closed session under bl. She advised that a finding was made and the Council conducted a closed session under Government Code Section bl, arising from a letter received from the County in relation to agenda Item no. 32. She noted that there was no reportable action. Agenda Item No. Page_of Page Four - City Council Minutes - August 9, 2005 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Richard Staley, Elsinore Valley Cemetery District, read a letter. The letter was in reference to drainage issues at the Home Depot site. Mayor Magee commented that Council had taken the drainage issue to the City Manager and the City Manager would be looking into the issue. Ericka Matthies, Elsinore Valley Cemetery District, commented that there was carefu] consideration made on the part of the Planning Commission to ensure that the project did not in anyway interfere with the cemetery. She commented that she had full confidence in the City Council to take care of the issue. Russ Stewart, Elsinore First Assembly, noted that he was concerned with the drainage issues at the Home Depot site. He indicated that he was concerned for the memory of the deceased and the comfort of their survivors. He noted that he was excited about the new growth and economic development of Lake Elsinore. He also noted that many of the head stones in which the streets were named after would be identified in the cemetery. He requested that the Council reviewed all flood control and storm water damage issues regarding the cemetery. Robert Solis, President of Downtown Merchant Association, commented on the Lake Elsinore Street Fair. He indicated that the cost to continue the event had increased and had become difficult to continue the project. He indicated that the street fair was supposed to end this month, but he had decided to continue it through the end of the year. He thanked Councilman Hickman for his support and advice. Councilman Hickman commented that the downtown merchants were struggling and noted that the Council would try to help the merchants. Shirley Broolcs, Lake Elsinore Genealogical Society, commented that the society was also concerned with the cemetery issues. She indicated that the society would be putting out a book reflecting the past 10 years. Agenda Item No. Page_of Page Five - City Council Minutes - August 9, 2005 Ron LaPere, Lake Elsinore, commented on palm tree issues. He indicated that the Palm Tree Committee goal was to preserve every palm tree in Lake Elsinore. He indicated that there were some palm trees removed along Lakeshore Drive and the developer would be planting palm trees in that development. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR WITH COUNCILMAN BUCKLEY ABSTAINING ON ITEMS 1B AND 1 C. The following Minutes were approved: a. City Council Study Session - July 7, 2005. b. Joint City Council/Redevelopment Agency Study Session - July 12, 2005. c. Regular City Council Meeting - July 12, 2005. 2. Ratified Warrant List for July 29, 2005.(F:123) 3. Authorized City Manager or Designee to finalize the Web Redesign RFP for public notice and distribution to web vendars.(F:65.1) 4. Approved Final Map 32008, subject to the City Engineer's acceptance as being true and correct. Authorized the City Clerk to accept all dedications, sign the map and arrange for recordation.(F:160.2) 5. Adopted Resolution No. 2005-94, intention to annex property from Annexation Area No. 13 (Villages at Wasson Canyon) into CFD 2003- 1. Scheduled the public hearing on Annexation Area No. 13 for September 13, 2005.(F:22.3) Agenda ltem No. Page_of Page Six - City Council Minutes - August 9, 2005 RESOLUTION NO. 2005-94 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.13 (VILLAGES AT WASSON CANYON) Authorized the City Manager to prepare and enter into a contract with the contract staff listed in the staff report to provide specialized engineering and inspection services on an annual basis.(F68.1) PUBLIC HEARINGS 21. Proposed street vacation of Flint Street.(F:156.1) City Manager Brady requested a continuance to the August 23rd meeting. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO AUGUST 23RD CITY COUNCIL MEETING. 22. Public Hearing to authorize, by implementing resolution, the adoption of Development Impact Fees for public buildings in Lake Elsinore with an automatic annual ENR adjustment.(F:31.1) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave a more in-depth overview of the item. He indicated that the changes Council had Agenda I[em No. Page_of Page Seven - City Council Minutes - August 9, 2005 requested were made. He indicated that the fee would cover City Hall facilities, Public Works facilities, and community center facilities, expanded recreation facilities at the Lake and an animal shelter facility. Mayor Magee opened the public hearing at 7:35 p.m. Councilwoman Kelley indicated that there was a study session held on the fees. She indicated that all her questions were answered. She indicated that the fee was on new development only and it would not cover the total cost of the animal shelter, civic center, City Hall or all of the desired improvements the Council would like to make to the Lake edge. Mayor Magee closed the public hearing at 7: 37 p.m. MOVED BY KELLEY, SECONDED BY MAGEE TO ADOPT RESOLUTION NO. 2005-96, REGARDING IMPACT FEES FOR PUBLIC FACILITIES WITH AN AUTOMATIC ANNUAL ENR ADJUSTMENT. Councilman Buckley commented that Lake Elsinore had always been far less expensive than other surrounding cities. He noted that the fee was necessary. City Attorney Leibold advised that the motion be modified to read the Ordinance first. Mayor Magee called for a roll call vote. Agenda I[em No. Page_of Page Eight - City Council Minutes - August 9, 2005 ORDINANCE NO. 1153 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.74 TO TITLE 16 OF THE LAKE ELSINORE MUNICIPAL CODE ESTABLISHING FEES ON DEVELOPMENT PROJECTS. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-96, REGARDING IMPACT FEES FOR PUBLIC FACILITIES WITH AN AUTOMATIC ANNUAL ENR ADJUSTMENT. RESOLUTION NO. 2005-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ADOPTING THE CITY OF LAKE ELSINORE DEVELOPMENT IMPACT FEE STUDY AND ESTABLISHING A PUBLIC BUILDING FACILITIES FEE FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE. 23. Mitigated Ne~ative Declaration No. 2005-03/Mitigation Monitoring Proeram, Generai Plan Amendment No. 2005-02, and Zone Chanee No. 2005 -03. (F: 83.2)(F:172.2) Mayor Magee introduced the item and deferred to City Manager Brady. Agenda I[em No. Page_of Page Nine - City Council Minutes - August 9, 2005 City Manager Brady gave an overview of the item. He also noted the location of the property. He indicated that the item was reviewed by the Planning Commission on July Sth. Mayor Magee opened the public hearing at 7:40 p.m. Mayor Magee closed the public hearing at 7:41 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-97, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005- 03/MITIGATION MONITORING PROGRAM. RESOLUTION NO. 2005-97 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-03 AND MITIGATION MOIVITORING AND REPORTING PROGRAM FOR THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO. 2005-02 AND ZONE CHANGE NO. 2005-03. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-98, APPROVING GENERAL PLAN AMENDMENT NO. 2005-02. RESOLUTION NO. 2005-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 2005-02 AMENDMING THE LAND USE DESIGNATION FOR THE THIRD CYCLE OF CALENDAR YEAR 2005 OF THE PARCEL IDENTIFIED AS ASSESSOR PARCEL NUMBER 373-071-013 FROM GENERAL COMMERCIAL (GC) TO MEDIUM HIGH DENSTTY (MHD) RESIDENTIAL. Agrnda I[em No. Page_of Page Ten - City Council Minutes - August 9, 2005 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY OF ORDINANCE NO. 1154. ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-03 CHANGING THE ZONING DESIGNATION (FOR THE PARCEL SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER 373-071-018) FROM G2 (GENERAL COMMERCIAL DISTRICT) TO R-3 (HIGH DENSITY RESIDENTIAL DISTRICT) AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE CONDITIONS OF APPROVAL GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the Ciry), indenuiify, and hold harmless the City, its Official, Officers, Employees, and Agenu from any claim, action, or proceeding against the City, iu Official, Officers, Employees, or Agenu to attach, set aside, void, or annul an approval of the City, iu advisory agencies, appeal boards, or legislative body conceming the General Plan Amendment and Zone Change which action is bought within the time period provided for in Califomia Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The Citywill prompdynotify the Applicant of any such claixn, action, or proceeding against the Ciry and will cooperate fully with the defense. If the Ciry fails to promptly notify the Applicant of any such claixn, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indenuiify, or Agenda Item No. Page_of Page Eleven - City Council Minutes - August 9, 2005 hold harmless the City. 2. The applicant shall comply with those mitigation measures identified in the Mitigated Negative Declaration No. 2005-03 and Mitigation Monitoring and Reporting Program (State Clearinghouse No. 2005051169) for the Lumos Communities, LLC. 24. General Plan Amendment No. 2005-OS and Zone Change No. 2005- 06.(F:83.2(F:172.2) Mayar Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He indicated that the item was reviewed by the Planning Commission on July Sth. He advised that the Planning Commission failed to recommend approval of this item. He indicated that staff was recommending approval of the item. Mayor Magee opened the public hearing at 7:42 p.m. Christina Hale, Associated Building & Development representative, commented that she was available for questioning. Councilman Hickman explained the voting process for the item that took place at the Planning Commission meeting. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-99, APPROVING GENERAL PLAN AMENDMENT NO. 2005-OS RESOLUTION NO. 2005-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE THIRD CYCLE OF CALENDAR YEAR 2005 FOR THE APPROVAL OF GENERAL PLAN Agenda Item No. Page_of Page Twelve - City Council Minutes - August 9, 2005 AMENDMENT NO. 2005-OS AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS PARCEL NO(S) 2, 3 AND 4 ON EXHIBIT "A" OF LOT LINE ADJUSTMENT NO. 2004-08. MOVED BY AICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY OF ORDINANCE NO. 1155. ORDINANCE NO. 1155 AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-06 CFIANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS PARCEL NO(S) 2, 3 AND 4 ON EXHIBIT "A" OF LOT LINE ADJUSTMENT NO. 2004-08 TO R-3 HIGH DENSTTY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 25. Mitigated Ne~ative Declaration No. 2005-04/Mitigation Monitoring Pro~ram, General Plan Amendment No. 2004-10 Tentative Parcel Map (for condominium purposes) N. 32674 and Residential Design Review No. 2004-11.(F83.2)(F 110.2) Agenda 1[em No. Page_of Page Thirteen - City Council Minutes - August 9, 2005 Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. City Manager Brady gave the location of the property. He advised that the item went before the Planning Commission on July Sth and they recommended approval. Mayor Magee requested clarification of the new Condition of Approval. City Manager Brady explained that Condition of Approval No. 56 was based on the discussion regarding construction of the median on Riverside Drive. He indicated that the new condition was to read as follows: The applicant must pay a fee in lieu of construction for the cost of design and installation of the ultimate median section on Riverside Drive per the General Plan. The fee will be determined by a cost estimate for the improvements provided by the applicant and will be reviewed and approved by the City Engineer. The City fee shall be held for a period of ten years, at which time if not used by the City for the median installation shall be reviewed by the City Attorney for reimbursement to the applicant. Mayor Magee opened the public hearing at 7:42 p.m. Teofilo Hamui, Riverlake Villas representative, commented that he was available to answer any questions. He indicated that Riverlake Villas did agree with the changing of condition no. 56. Mayor Magee closed the public hearing at 7:44 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-100, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005- 04/MITIGATION MONITORING PROGRAM. Agenda I[em No. Page_of Page Fourteen - City Council Minutes - August 9, 2005 RESOLUTION NO. 2005-100 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-04/MTTIGATION MONITORING PROGRAM FOR THE PROJECT KNOWN AS GENERAL PLAN AMENDMENT NO. 2004-10; TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) MAP NO. 32674; RESIDENTIAL DESIGN REVIEW NO. 2004-11; AND CONDITIONAL USE PERMIT NO. 2004-27 LOCATED AT 32281 RIVERSIDE DRIVE. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-101, APPROVING GENERAL PLAN AMENDMENT NO. 2004-10. RESOLUTION NO. 2005-101 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAHING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE THIRD CYCLE OF THE CALENDAR YEAR 2005 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-10 AMENDING THE LAND USE DESIGNATION (OF THE PARCEL IDENTIFIED AS ASSESSOR PARCEL NUMBER 379- 315-033) FROM GENERAL COMMERCIAL (GC) TO MEDIUM HIGH DENSITY RESIDENTIAL (MHD). MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-102, APPROVING TENTATIVE PARCEL MAP NO. 32674 AND ADDING A NEW CONDITION OF APPROVAL NO. 56. Agenda Item No. Page_of Page Fifteen - City Council Minutes - August 9, 2005 RESOLUTION NO. 2005-102 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO. 32674 FOR THE "RIVERLAKE VILLAS" LOCATED AT 32281 RIVERSIDE DRIVE - APN 379-315-033) AND THE ADDITION OF NEW CONDITION OF APPROVAL NO. 56. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-103, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-11 AND THE ADDITION OF MORE 24-INCH BOX TREES ADDED ALONG THE FRONTAGE OF RIVERSIDE DRIVE. RESOLUTION NO. 2005-103 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-11 FOR THE DESIGN, CONSTRUCTION AND ESTABLISHMENT OF THE "RIVERLAKE VILLAS" LOCATED AT 32281 RIVERSIDE DRIVE - APN 379-315-033. GENERAL CONDITION The applicant shall defend (with counsel acceptable to the Cit}~, indemnify, and hold harmless the Ciry, its Official, Officers, Employees, and Agents from any clairn, action, or proceeding against the City, its Official, Officers, Employees, or Agenu to attach, set aside, void, or annul an approval of the City, iu advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the Ciry and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harniless the City. Agenda I[em No. Page_of Page Sixteen - City Council Minutes - August 9, 2005 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of $1,314.00 to the Plamiing Division within 48 hours of the Ciry Council approval date far the required Environxnental Filing. 3. The applicant shall comply with those mitigation measures identified in the Mitigated Negauve Declaration No. 2005-04 (State Clearinghouse No.2005061138) for the "Riverlake Villas." 4. The applicant shall comply with the requiremenu of the State Bill 18 relating to Tribal Consultation. TENTATIVE PARCEL MAP (FOR CONDOMINIUM PURPOSES) NO. 32674 5. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate insr.nunent has been filed and recorded with the County Recorder, or an extension of tune is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 6. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requiremenu of the Lake Elsinore Municipal Code, Title 16 unless modified byapproved Conditions of Approval. 7. Prior to final cenificate of occupancy of Tentative Parcel Map, the improvexnents specified herein and approved by the Plam~ing Commission and the Ciry Council shall be installed, or agreemenu for said improvexnents, shall be submitted to the Ciry for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvemenu must be bonded for as part of the agreements. 8. Prior to issuance of a grading pemut, the applicant shall prepare and record CC&1Z's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the Ciry Attomey. The CC&R's shall include methods of maintauung common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common inaiutenance of all undeiground, and above ground utility infrastructure improvemenu necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 9. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the e~enses of such entiry, and with authority to control, and duty to maintain, all said mutuallyavailable features of the development. Such entiryshall operate Agenda Item No. Page_of Page Seventeen - City Council Minutes - August 9, 2005 under recorded CC&R's which shall include compulsory membership of all owners of lou and/or dwelling uruu and fle~ubilityof assessments to meet changing cosu of maiutenance, repairs, and seroices. Recorded CC&R's shall permit enforcement by the City for provisions required as Condiuons of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the Ciryprior to makuig any such sale. This condition shall not applyto land dedicated to the Cdtyfor public purposes. 10. Provisions to restrict parking upon other than approved and developed parking spaces shall be wriaen into the covenants, conditions and restrictions for each project. 11. The Home Owner's Association shall be established prior to the sale of the fixst dwelling unit. 12. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 13. Reciprocal covenanu, conditions, and restrictions and reciprocal maintenance agreemenu shall be established which will cause a mexging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II). 14. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said Ciry may, upon proper notice and hearing, institute suirunary abatement procedures and impose a lien for the cosu of such abatement upon said common area, individual uniu or whole thereof as provided bylaw. 15. Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2004-11 16. Design Review approval for Residential Design Review No. 2004-11 will lapse and be void unless building pesmiu are issued within one (1) year of Ciry Council approval. The Community Development Director may grant an e~rtension of time of up to one (1) year per e~rtension, prior to the e~;pirauon of the initial Design Review approval. Applicauon for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. Agenda Item No. Page_of Page Eighteen - City Council Minutes - August 9, 2005 18. The dwelling uniu are two-story, without elevators, and therefore are exempt from accessibility requiremenu. The pool area must comply with all accessibiliry as outlined in the 2001 Califomia Building Code Sections 1104B.4.3 and 1132B.2. If restroom facilities are provided at the pool area they must be accessible to the Physically Disabled. 19. All site improvemenu approved with this request shall be constructed as indicated on the approved e~ibiu and/or attachmenu contained herein. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Du-ector. All plans submitted for Bttilding Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/Ciry Council through subsequent action. 20. All roof mounted or ground support air conditioning uniu or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streeu. Any material covering the roof equipment shall match the primary wall color. 21. All esterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring properry and streets or allow illumuiation above the horizontal plane of the fi~nure. All light fixtures shall match the architectural style of the building. 22. The applicant shall meet Americans with Disabilities Act (ADA) requiremenu. The club house shall comply with all ADA requirements, including an accessible path of travel from the public way and including an accessible parking space. Any common use areas would also be subject to accessibility requiremenu. 23. Trash enclosures shall be constructed per Ciry standards as approved by the Community Development Director or Designee. 24. Applicant shall use roofing materials with Class "A" fire rating. 25. The Planning Division shall approve the location of any construction trailexs utilized during construction. All construction trailers shall require a$1,000.00 cash bond processed through the Plaunuig Division. 26. Materials and colors depicted on the plans and materials board shall be used unless modified bythe CommuniryDevelopment Director or designee. 27. Decorative paving shall be included at the entryway gate and shall be shown on the construction drawings submiaed to Building and Safery. 28. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. Agenda I[em No. Page_of Page Nineteen - City Council Minutes - August 9, 2005 29. All exposed slopes in excess of three feet (3') in height shall have a permanent imgauon system and erosion control vegetation installed, approved by the Plamiing Division. PRIOR TO THE ISSUANCE OF A GRADING PERMIT 30. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movexnent of dirt material. Such routes shall be subject to the review and approval of the Ciry Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the CiryEngineer. 31. Prior to issuance of any grading perxnit or building permiu, the applicant shall sign and complete an"Acknowledgement of Conditions" form and shall retum the executed original to the Planning Division for inclusion in the case records. 32. The applicant shall submit a photometric study for those light standards located in the proposed condominium project. Said study shall ensure that parking lot lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. PRIOR TO ISSUANCE OF A BUILDING PERMIT 33. Prior to the issuance of building pernuu, the applicant shall enter into an agreement with the Redevelopment Agency of the Ciry of Lake Elsinore to provide 15°/o of the uniu in the project as affordable housing uniu in accordance with the requiremenu of Section 33413(b) of the Califomia Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable uniu on another site, or payment of an in lieu fee calculated to provide sufficient funds to undeiwYite the long-term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 34. Prior to the issuance of the fixst building pemut, the applicant shall annex into Communiry Facilities District No. 2003-1 to offset the annual negative impacu of the project on public safery operations and maintenance issues in the Ciry. 35. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.l to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity which includes a maintenance fee to Southern California Edison. Agenda Item No. Page_of Page Twenty - City Council Minutes - August 9, 2005 36. Pursuant to Ordinance No. 1124, prior to the issuance of a building pemut the applicant shall pay the applicable Multiple Species Habitat Conseroation Plan (MSHQ'~ Fee of $1,650.00 per lot. 37. Three (3) seu of the Final Landscaping/Imgation Detail Plan shall be submitted, reviewed and approved by the Cit~s Landscape Architect Consultant and the Communiry Development Director or designee, prior to issuance of building pernut. A I.andscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consukant's fee plus forrypercent (40%) Cityfee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Planting within fifteen feet (15') of ingress/egress points shal] 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. Anytransforme~ and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approvaUacceptance by the Landscape Consultant and Community Development Director ar Designee. Agenda [tem No. Page_of Page Twenty-one - City Council Minutes - August 9, 2005 i. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j. Final landscape plan must be consistent with approved site plan. k. Final landscape plans to include planting and irrigation details. 38. Applicant shall comply with the requiremenu of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permiu and final approval. 39. Prior to issuance of building pemuu, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 40. Prior to issuance of building permiu, applicant shall provide assurance that all requirements of the Rive~side CountyFire Department have been met. 41. Prior to issuance of building pemuu, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING GENERAL REQUIREMENTS 42. All Public Works requirements shall be complied with as a condition of development as specified in the I,ake Elsinore Municipal Code (LEMG~. 43. Pay all Capital Improvement and Plan Check fees (I,EMC 1634), including the traffic midgauon fee ('ITF) and the drainage fee and the TUMF fee. 44. Submit a"Will Serve" letter to the Ciry Engineering Division from the applicable water agencystating that water and sewer arrangements have been made for this project. Submit this letter prior to recordation of the map. 45. Provide fire protecuon facilides as required in writing byRive~ide CountyFire. 46. Underground water righu shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC~, and consistent with the City's agreement with the Elsinore ValleyMunicipal Water District. Agenda Item No. Page_of Page Twenty-two - City Council Minutes - August 9, 2005 47. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faulu or liquefaction zones present. 48. If the development is to be phased, provide a Phasing Plan for the City Engineer's approval. 49. The existing pole and overhead line mm~uig inside and along the north property line shall be under grounded. MAP REOUIREMENTS 50. No access other than the entrance driveway access shall be permitted to Riverside Drive. Access shall be restricted and so noted on the final map. STREETIMPROVEMENTS 51. Riverside Drive is a State I-I'ighway, under the jurisdiction of Cal Trans. As such, an encroachment pernut shall be required from Cal Trans prior to the approval of the plans and recordation of the map. 52. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 53. Riverside Drive is designated as an Urban Arterial H'ighway on the City Master Plan of Streeu and shall therefore be dedicated to iu master planned width of 120 feet R/W. 54. Riverside Drive shall be restricted to right in and right out movement only. A right tum only deceleration lane shall be constructed along the project's frontage, an additional twelve feet (12') in width. The required half width from centerline to curb becoxnes si~ny feet (60') instead of forty-eight feet (48') and the right of waywidth becomes sevenry-two feet (72') instead of siYty feet (60'). The applicant may submit a request and plan to Cal Trans and the City Engineer requesting the existing interim street improvemenu along this frontage remaui and arrange for an appropriate street improvement in lieu fee or other modified improvements. If Riverside Drive is to be widened the developer will be required to relocate or underground the existing pole and overhead utiliry lines. 55. If the existing street improvements are to be modified as directed bythe CityEngineer, the e~sting street plans on file shall be modified accordingly and approved by the City Engineer prior to recordation of the Final Map. An encroachment pernut will be required to do the work. Agenda Item No. Page_of Page Twenty-three - City Council Minutes - August 9, 2005 56.'~'ha L___±.,h»~~ _....,...~_. » ..»a~. ~: c.~.:aw:a° ....~ ~.~~ ~,....~~~ ^rr • Y` ""7 Y" °'S Condition of Approval omitted at City Council Hearing August 9, 2005 56. Applicant shall jxty a f~ iralieu ~mrtstrudiory far the a~st ~the design arul irr>tallatio~z ~tbe ultiymte ~mdian satiora on Rizeiside Driee per the Ge~aeral Plan The f~ zeill 1~ deternar,~' by a ast esti~mte far the irrproze~ proudal by the applican5 arnl z¢ill l~ rezieceecl by ap/i~vred by the City Engina~: The fce shall lx hPld for a perial ~ten years at zahid~ tine ~r~ zual by the City far the Yredian installation, shall l~ reziere~a' by rhe CiryAttomey far yeirre~iu~seirera to the appliacnz Condiuon of Approval added at City Council Hearing August 9, 2005 57. A signing and stripping plan for Riverside Drive shall be submitted to the Engineering Division for review and approval prior to the issuance of building pemuu. 58. The existing curb drainage outlet to Riverside Drive near the southeasterly edge of the property shall be removed. No drainage discharge from the property shall discharge at this location. 59. Arrangemenu for relocation of utility company facilities (power poles, vaulu, etc.) out of the roadway or alley shall be the responsibility of the properry owner or his agent. The existing pole located 2 feet inside the existing curb face and near the proposed driveway entrance and overhead lines along the frontage of Riverside Drive may require under grounding. 60. Construct all public works improvemenu from property line to one foot beyond centerline of Riverside Drive, and pavement transitions per approved street plans (LEMC ~tle 12~. Improvement Plans must be submitted and approved by the City and Cal Trans and signed by the City Engineer prior to recordation of the Final Map. 61. Street unprovement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvemenu shall be designed and constructed to Cal Trans Standards, latest edition. 62. Pay all fees and meet requirements of an encroachment perxnit issued by Cal Trans and the Engineering Division for construcdon of off-site public works improvemenu. All fees and requirements for an encroachment perxnit shall be fialfilled before recordation of the map. 63. Provide street lighting along the Rive~ide Drive frontage and show lighting improvements as part of street improvement plans as required by Cal Trans and the City Engineer. Agenda Item No. Page_of Page Twenty-four - City Council Minutes - August 9, 2005 64. Provide soils, geology and seismic repon including street design recommendations. Provide final soils report showing compliance with recommendations. 65. 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 improvemenu will be scheduled and approved. 66. The applicant shall install pennauent benchmarks to Riverside Counry Standards and at a location to be deterxnined byCityEngineer. 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compadble with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 69. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utiliry. GRADING 70. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 71. Prior to commencement of grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movexnent of material. Such routes shall be subject to the review and approval of the City Engineer. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 72. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading pernut issuance. 73. Apply and obtain a grading permit with appropriate security prior to building pernut issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattem vs substandally modified as deternvned bythe CityEngineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading pernut shall still be obtained so that a cursory drainage and flow pattem inspection can be conducted before grading begins. Agenda Item No. Page_of Page Twenty-five - City Council Minutes - August 9, 2005 74. Applicant to provide erosion control measures as part of their grading plan. The applicant shall protect storm water quality and met the goals of the BMI' in Supplement "A" in the Riverside CounryNPDES Drainage Area Management Plan. 75. All waste xnaterial, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the constnxction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot chaige the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recy~ling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verificadon of tonnage by certified weigh xnaster tickeu. DRAINAGE 76. The property is located in the "West Lake Elsinore Drainage District" and shall pay the appropriate drainage fee. 77. The design capaciry and the 100-year flow of I.each Canyon flood Control Channel; adjacent to his northerlypropertyline, shall be verified to assure adequate flood protecuon. 78. Meet all requiremenu of LEMC 15.64 regarding flood hazard regulations. The propercy is located in Zone X of the National Flood Insw-ance maps. Areas of 0.2°/o annual chance flood, areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 sq. mile and areas protected by levees from 1% annual chance flood). As such the developer is advised that flood insurance may be required, unless the finish floors are detemvned to be above the flood plane. 79. Meet all requirements of LEMC 15.68 regarding floodplain management. 80. The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 81. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final xnap. Developer shall mitigate any flooding and/or erosion caused by developxnent of site and diversion of drainage. 82. On site storm drain inlet faciliues shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engmeer. Agenda 1[em No. Page_of Page Twenty-six - City Council Minutes - August 9, 2005 83. Roof and yard drains will not be allowed to outlet through curb cuts in the private street curb. Roof drains should drain to a landscaped area when ever feasible. 84. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained within the private street parkway. When either of these criteria is exceeded, drainage facilities should be installed. 85. 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. 86. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed bya method approved bythe CityEngineer. 87. All drainage facilities in this tract shall be constructed to Riverside Counry Flood Control District Standards. 88. 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 Dischaige Elimuiation System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construcuon, which describes BMP's that will be implemented. If required, the applicant shall provide a WQMP following construction. 89. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water polluuon prevenuon plan including approval of erosion control for the grading plan prior to issuance of gnding pemuu. The applicant shall provide a SWPPP for post construcuon, which describes BMP's, that will be implexnented for the development and including maintenance responsibilities. (Required for lot of one acre or more) 90. Education guidelines and Best Management Practices (BMI') shall be provided to residenu of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and met the goals of the BMP in Supplement "A" in the Riveiside County NPDES Drainage Area Management Plan. (Required for lot of one acre or more) 91. Applicant shall provide BNII''s that will reduce storm water pollutanu from parking areas and driveway aisles. (Required for lot of one acre or more). If feasible, a biofiker swale should be incorporated into the proposed intemal catch basins and pipe, before dischacge into Leach Canyon flood Control. Agenda Item No. Page_of Page Twenty-seven - City Council Minutes - August 9, 2005 COMMUNITYSERVICES DEPARTMENT 91. The applicant shall paypark fees of $1,600 per unit. 92. All "Common Passive Open Space Areas" shall be maintained by the Home Ovcnie~'s Association (HOA). 93. All recreation facilities and park areas shall be maintained by the HOA. 94. No park crediu shall be given for private recreation facilities, park areas or common passive open space areas. 95. The HOA shall maintain all private roads. 96. The HOA shall maintain all catch basins, collecto~, v-ditches or any other related flood control or storm water control device. 97. The HOA shall maintain all perimeter, entry and interior landscaping. 98. The HOA shall provide all graffiu removal. 99. The Cit}~s Landscape Architect shall approve all landscaping plans prior to installation. 100. The applicant shall comply with all Ciry ordinances regarding construction debris, removal and recycling as per Section 832 of the Lake Elsinore Municipal Code. 101. Developer to design multi-family recycling plan. RIVERSIDE COUNTY FIRE DEPARTMENT 102. The applicant shall comply with all condiuons of approval of the Riverside County Fire Department (See Attached). CONDITIONAL USE PERMTT N0.2004-27 103. The Conditional Use Pemut approved herein shall lapse and shall becoxne void one (1) year following the date on which the use pemut became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligentlypursued toward completion on the site. 104. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified byapproved Condiuons of Approval. Agenda [[em No. Page_of Page Twenty-eight - City Council Minutes - August 9, 2005 105. The Conditional Use Permit granted herein shall xun with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 106. The applicant shall defend (with counsel acceptable to the Cit}~j, indeiniufy, and hold harmless the City, iu Official, Officers, Employees, and Agenu from any claim, action, or proceeding against the City, iu Official, Officers, Employees, or Agenu to attach, set aside, void, or annul an approval of the City, iu advisory agencies, appeal boards, or legislative body concerning the Conditional Use Pemut No. 2004-27/Residential Design Review No. 2004-11, which action is brought forward within the time period provided for in Califomia Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claun, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indenuiify, or hold harmless the Ciry. 107. Prior to final certificate of occupancy of the Conditional Use Pemut, the improvements specified herein and approved by the Plaiuiuig Coirunission and the Ciry Council shall be installed, or agreements for said improvemenu, shall be submitted to the Ciry for approval by the Ciry Engineer, and all other stated conditions shall be complied with. All uncompleted improvemenu must be bonded for as part of the agreemenu. 108. The applicant shall at all times comply with Secrion 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Consuuction is allowed Monday through Friday only. Construction is not allowed on weekends or holidays 109. Security lighting shall be required. All e~nerior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring properry and streeu or allow illumination above the horizontal plane of the fixture. End of Conditions Note: "Italia indicates addition to te~:t, `•~~ indicates removal from te~ct. 26. Formation of CFD 2005-5 Niila~es at Wasson Canvon)• call a Special Election; Canvas election results: authorizing le _vy of special taxes.(F:223) Mayor Magee introduced the item and deferred to City Manager Brady. Agenda Item No. Page_of Page Twenty-nine - City Council Minutes - August 9, 2005 City Manager Brady gave an overview of the item and deferred to Administrative Services Director Pressey. Mayor Magee opened the public hearing at 8:00 p.m. Deputy City Clerk Ray noted that the Notice of Public Hearing was published in accordance with the Mello-Roos Community Facilities act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey along with Bond Counsel Don Hunt gave a more in-depth overview of the item. Mayor Magee requested testimony from the public for or against the district formation. Mayor Magee noted that there was no request to speak. City Treasurer Weber announced that he was opposed to the CFD. He indicated that it was due to a bond the Bond Counsel had done in 2003, which was a refinancing bond. He indicated that he was not satisfied with the results that had been presented to him regarding an ongoing audit regarding bonds by the Bond Counsel. He noted that 1998 and 1999 tax statements were missing. He noted that there were delinquencies in the taxes that were paid. He indicated that there were banlc statements missing. Councilman Hickman requested clarification to what City Treasurer Weber was requesting. City Treasurer Weber clarified that he would like the Council to continue the item until the bond issues were answered. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO CONTINUE THE ITEM UNTIL AUGUST 23RD COUNCIL MEETING. Agenda Item No. Page_of Page Thirty - City Council Minutes - August 9, 2005 Councilwoman Kelley explained that the item before Council was for the Villages at Wasson Canyon; and they would be penalized, while the Council was waiting for the audit results. She noted that the Council had already voted and established that an audit was being done on all of the bonds that had been released. She requested that Administrative Services Director Pressey or Mr. Hunt responded to City Treasurer Weber's comments. Mr. Hunt explained that Mr. Gunn had been working with City Treasurer Weber in regard to the audit, and he had not been involved in that process and was not able to answer to those issues. He indicated that there were documents that the trustee had not been able to provide. He noted that the hustee was hired specifically to keep the records on behalf of the City and distribution of all of the monies. Administrative Services Director Pressey explained that along with himself, Councilman Hickman and City Treasurer Weber had all attended meetings and they had reviewed the documents that Financial Advisor Rod Gunn had prepared. He indicated that the missing information related to Bank of New York, in which the City no longer used as trustee. He noted that Union Bank of Califomia had provided all of the missing statements that were not in the City's records, which dated back to 1997 and 1998. He noted that there would be request made to Bank of New York for the statements. Councilwoman Kelley clarified that there were unresolved issues, not lost items. Mr. Pressey commented that the fiscal agent bank statements accounted for a specific year, but once Bank of New York was contacted then the issue would be resolved. Mayor Magee requested that any other property owners subject to the proposed special taxes who wished to file written protest do so at this time with the City Clerk. Councilman Buckley questioned the time frame for the next CFD. Mr. Pressey advised that there would be another CFD coming before Agenda Page_of Page Thirty-one - City Council Minutes - August 9, 2005 Council for approval at the next scheduled City Council Meeting. Councilwoman Kelley commented that it would be unfair and inappropriate to hold the CFD for this development which had nothing to do with the audit. Mayor Magee closed the public hearing at 8:30 p.m. THE FOREGOING MOTION CARRIED WITH A VOTE 3-1-1 WTTH KELLEY, MAGEE AND SCHIFFNER CASTING THE DECENDING VOTE AND BUCKLEY ABSTAINING. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE 4-1 WITH HICKMAN ABSTAINING TO ADOPT RESOLUTION NO. 2005-104, APPROVING THE FORMATION OF THE DISTRICT. RESOLUTION NO. 2005-104 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON). MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE 4-1 WITH HICKMAN ABSTAINING TO ADOPT RESOLUTION NO. 2005-105, TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. RESOLUTION NO. 2005-105 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $8,500,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. Agenda Item No. Page_of Page Thirty-two - City Council Minutes - August 9, 2005 2005-5 (VILLAGES AT WASSON CANYON) AND CALLING A SPECIAL ELECTION. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-106, ORDERING CANVASSING OF THE ELECTION RESULTS. RESOLUTION NO. 2005-106 A RESOLUTION OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, CANVASSING THE RESULTS OF THE SPECIAL ELECTIONS HELD WTTHIN THE CITY OF LAKE ELSINORE COMMUNTTY FACILITIES DISTRICT NO. 2005-5 (VILLAGES AT WASSON CANYON). MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE N0.1156. ORDINANCE NO. 1156 AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY,KELLEY, SCHIFFNER, MAGEE NONE NONE HICKMAN Mayor Magee requested that Administrative Services Director Pressey prepare a time table and outline of the projects before hand, as requested Agenda Item No. Page_of Page Thirty-three - City Council Minutes - August 9, 2005 by City Treasurer Weber and Councilman Hickman, so that all of Council was on the same page; and when he thought the issues would be completed. Councilwoman Kelley suggested scheduling a study session to discuss CFD's. BUSINESS ITEMS 31. Conditional Use Permit No. 2005-07 and Commercial Desien Review No. 2005-OS - Bank of America.(F:67.2) Mayor Magee introduced the item and deferred to City Manager Brady. Ciry Manager Brady gave an overview of the item. He also noted the location of the project. He indicated that the Planning Commission reviewed the item on July 19th and recommended approval to the City Council. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-107, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-OS RESOLUTION NO. 2005-107 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-OS FOR THE PROJECT LOCATED ON PAD "12" OF PLANNING AREA 4 OF THE CANYON HILLS MARKET PLACE. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indenuiify, and hold hamiless the City, its Official, Office~, Employees, and Contract P,genu from any claim, action, or proceeding against the Ciry, its Official, Officers, Employees, Contract Agenda Item No. Page_of Page Thirty-four - City Council Minutes - August 9, 2005 Consuhanu, or Agents to attach, set aside, void, or annul an approval of the Ciry, its advisory agencies, appeal boards, or legislative body concerning the subject project located on Pad "12" of Plannmg Area 4, of the Canyon Hills Market Place, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Cirywill promptlynotify the Applicant of any such claim, action, or proceeding against the Ciry and will cooperate fully with the defense. If the Ciry fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indesnnify, or hold harmless the City. PLANNING DIVISION 2. Conditional Use Pernut No. 2005-07 and Commercial Design Review No. 2005-05 approval for a"drive through" bank facility will lapse and be void unless a building permit is issued within one (1) year of the approval date. An eartension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application bythe developer and payment of required fees one (1) month prior to eapiration. 3. All construction shall comply with these Conditions of Approval and those provisions and requiremenu contained in the Canyon H'ills Specific Plan and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 4. All site unprovemenu shall be constructed as indicated on the approved building elevations and site plan for the "drive through" restaurant. Future construcuon shall be consistent with these Condiuons of Approval contained herein and those conditions approved with Canyon H'ills Market Place, Plamiuig Areas 3 and 4, and those provisions and requiremenu contained in the Canyon F3'ills Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 6. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 7. Materials and colors depicted on the materials board shall be used unless modified by the Communiry Development Director or designee. 8. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtaui a street address prior to issuance of bttilding pemut. Agenda Page_of Page Thirty-five - City Council Minutes - August 9, 2005 9. The applicant shall comply with all requirexnenu of the Cit~s Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved bythe CityEngineer. 10. The applicant shall comply with all applicable Ciry Codes and Ordinances. 11. Trash enclosures shall be constructed per Cary standards as approved by the Community Development Director or designee, prior to issuance of building pemut. 12. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailer(s), subject to the approval of the Community Development Director or designee. 13. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building pemut. 14. The project shall connect to sewer and meet all requirexnenu of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incotporate all district conditions and standards. 15. The design and construction of the project shall meet all County Fire Department standards for fire protection. 16. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping, subject to the approval of the Community Development Director, prior to issuance of building pemut. 17. All e~nerior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streeu or allow illumination above the horizontal plane of the fixtiue. All light fixtures shall be consistent with the architectiual style of the building. 18. All esterior downspouu shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 19. All building signage shall comply with the Sign Program submitted to the Plamiing Division. 20. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. Agenda Item No. Page_of Page Thirty-six - City Council Minutes - August 9, 2005 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 23. Applicant shall meet ADA (Americans with Disabilities Act) requiremenu. 24. No e~rterior roof ladders shall be perxnitted. 25. All service and loading doo~ shall be painted to match the building. 26. On-site surface drainage shall not cross sidewalks. 27. Comply with the Mitigation Monitoring Program that was prepared for the 2003 Addendum to the 1989 Final Canyon H'ills Specific Plan EIR 28. Three (3) seu of the Final Landscaping/Imgation Detail Plan shall be submitted, reviewed and approved by the Cit}~s Landscape Architect Consultant and the Communiry Development Director or designee, prior to issuance of building permit. A Iandscape Plan Check & Inspection Fee will be chatged prior to final landscape approval based on the Consultant's fee plus fortypercent (40%) Ciryfee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. 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 pursuant to the LEMC and Landscape Design Guidelines. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Agenda I[em No. Page_of Page Thirty-seven - City Council Minutes - August 9, 2005 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 for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approvaUacceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate oF Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 29. Prior to issuance of any precise grading perxnit or building pernut, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall retum the executed original to the Community Development Department for inclusion in the case records. 30. The Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 31. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 32. The applicant shall pay all appropriate City fees. ENGINEERING DIVISION 33. The applicant shall post a left-turn only sign facing traffic exiting the drive-through. 34. The applicant shall comply with underlying Conditions of Approval. 35. Landscaping along drive-through isle shall not obstruct driver's view of adjacent shopping center entrance. Agenda I[em No. Page_of Page Thirty-eight - City Council Minutes - August 9, 2005 36. Trash enclosure shall be situated such that trucks attempting to empty the bins do not block main drive isles. 37. Access routes from Canyon Hills Drive to the restaurant shall be constructed prior to occupancy. 38. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 39. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation. 40. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 41. 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 final map approval. 42. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8%i' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 43. Provide fire protection facilities as required in writing by the Riverside County Fire Deparhnent. 44. Applicant shall submit a traffic control plan showing all traffic control devices for the project. All traffic control devices shall be installed prior to final inspection of public improvements. 45. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards ar the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 46. Provide soils, geology and seismic report unless otherwise provided. 47. Storm drain inlet facilities shal] be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. Agenda 1[em No. Page_of Page Thirty-nine - City Council Minutes - August 9, 2005 48. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 49. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approva] of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 50. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 51. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 56. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 32. Industrial DesiQn Review no. 2004-08 for the proiect lrnown as "Alesco Sky Park Business Park".(F:86.2) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He noted that the City had received a letter the day before from the County of Riverside regarding the alignment of Bundy Canyon Road on which they were requesting consideration to how it would affect this particular property. He noted the alignment the City Engineer had proposed to the County via a letter on June 17th. He further noted that the City had not received a response from the County regarding that letter; and the County was notified of the Planning Commission hearing of the item and the County had not submitted a comment at that time. He indicated that the Planning Commission was recommending approval to the City Council. Agenda I[em No. Page_of Page Forty - City Council Minutes - August 9, 2005 Alan Young, Alesco Development representative, commented that they were creating a second viable industrial area to Lake Elsinore. He explained that they had attempted to work with the County regarding an alignment and they were non-responsive and noncommittal. MOVED BY HICKMAN, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2005-108, ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. Councilman Hickman noted that this was a difficult decision to make. Mayor Magee explained that in July 2004 the City provided a design alternative for the extension of Bundy Canyon Road from Mission Trail to Corydon Road, in September 2004 the County agreed to work together with the City on the design and aligrunent of that project. He indicated that after no response, he contacted the Supervisor's Office in April 2005 and met with the Supervisors Office in May 2005, which followed to separate letters, one from himself and another from City staff. He noted that no meeting occurred with all parties until last Thursday, at that meeting the County decided that they preferred the altemative that would eliminate the development before Council at this time. Councilman Buckley expressed that the design appeared light in the landscaping and the front loading docks were too blunt. He indicated that the issue with the County sadly followed a pattern that had occurred in the past. Councilman Buckley suggested continuing the item for two weeks. He indicated that he had met with County staff regarding the issue when he served as Mayor. He commented that it was very frustrating. Councilwoman Kelley indicated that she had no problem with the design. She noted that the County was not going to build a road in the City limits. She noted that there was no need to punish the applicant for the County's non-responsiveness. Agenda [tem No. Page_of Page Forty-one - City Council Minutes - August 9, 2005 Mayor Pro Tem Schiffner commented that he could not support delaying a project for the County's lack of decisiveness. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH SECTION 6.1.2 OF THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS "ALESCO SKY PARK BUSINESS PARK". MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE INDUSTRIAL DESIGN REVIEW NO. 2004-08. RESOLUTION NO. 2005-109 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2004-08 FOR AN INDUSTRIAL BUSINESS PARK LOCATED AT APN 370-050-013. CONDITIONS OF APPROVAL GENERAL CONDITIONS The applicant shall defend (with counsel acceptable to the Cit~, indemnify, and hold ham~less the Ciry, iu Official, Officers, Employees, and Agents from any claim, action, or proceeding against the Ciry, iu Official, Officers, Employees, or Agenu to attach, set aside, void, or annul an approval of the Ciry, iu advisory agencies, appeal boards, or legislative body concerning the Industrial Business Park, which action is bought within the time period provided for in Califomia Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The Citywill prompdynotifythe Applicant of any such claim, action, or proceeding against the City and will cooperate fullywith the defense. If the Ciryfails to prompdynodfythe Applicant of anysuch Agenda Item No. Page_of Page Forty-two - City Council Minutes - August 9, 2005 claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 3. The applicant shall complywith all mitigations at the described milestones contained in the East Lake Spazfic Plan Environmental Impact Report and Mitigation Monitoring Program (State Clearing House No. 92092027~ previously approved by the Ciry Council. 4. The Industrial Design Review approval contained herein shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the e~iration of one year, a building pernut related to the "Design Review' is issued and constnxction cominenced and diligently pursued toward completion. Notwithstanding conditions to the contrary, a"Design Revie~' granted pursuant to Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code (LEMG~ shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site which was the subject of the "Design Review' application. • 5. Any alteration or expansion of a project for which there has been a"Design Review' approval as well as all applications for modification or other change in the conditions of approval of a"Design Review' shall be reviewed according to the provisions of Chapter 17.82 in a similar maiuier as a new application. 6. No structure which has received a"Design Review" or "Minor Design Review" approval shall be occupied or used in anymauner or receive a Certificate of Occupancy until the Director of Community Development has detern~ined that all Conditions of Approval have been complied with. 7. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 8. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division. 9. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. Agenda I[em No. Page_of Page Forty-thre~ City Council Minutes - August 9, 2005 10. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 11. All exteriar on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 12. All loading zones shall be clearly marked with yellow striping. 13. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be concealed within the building. 17. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 18. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 19. On-site surface drainage shall not cross sidewalks. 20. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 21. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 22. Pursuant to Ordinance No. 1124, prior to the issuance of a building perxnit the applicant shall paythe applicable Multiple Species Habitat Conservation Plan (MSHQ') Fee. Agenda Item No. Page_of Page Forty-four - City Council Minutes - August 9, 2005 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an"Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. fl Anytransformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Specia] 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 for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approvaUacceptance by the Landscape Consultant and Community Development Director or Designee. Agenda Item No. Page_of Page Forty-five - City Council Minutes - August 9, 2005 i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 25. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 26. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING GENERAL 29. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of Building Permit. 30. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water Dish-ict. 31. Pay all Capital Improvement, including TIF and TUMP fees, and Plan Check fees (LEMC 1634, Resolution 85-26), mitigation fees, area drainage fee, encroachment permit fees and inspection fees associated with the project and its development. 32. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to grading plan approval. Agenda Item No. Page_of Page Forty-six - City Council Minutes - August 9, 2005 33. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faults or liquefaction zones present. STREETIMPROVEMENTS 34. All street improvements and street lighting along Corydon Street shall be installed and functioning prior to certificate of occupancy. Corydon Street is designated as a Major Highway (100/80), with a 14 foot wide median, on the Master Plan of Streets. Also, the County of Riverside has recently constructed roadway improvements along this property frontage. As such, the applicant shall obtain these plans and revise the precise grading to show the existing (after county construction) and the proposed street frontage improvements. A highway stripping and traffic signage plan on Corydon, shall also be prepared and approved prior to grading permit. This plan shall show the site ingress and egress with respect to median striping. 35. Construct all public works improvements on Cordon Street per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to grading plan approval (LEMC 1634). 36. The 10-year storm runoff should be contained within the street curb and the 100- year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 37. Street improvement plans and specifications shal] be prepared by a California 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). 38. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 39. Provide final soils report showing compliance with recommendations. 40. The applicant shall install permanent survey monuments in compliance with the City's municipal code. Agenda Item No. Page_of Page Forty-seven - City Council Minutes - August 9, 2005 41. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks, which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. GRADING 42. The finish floor elevation of the building shall not be less than 1267 feet. No import material from outside the lake zone shall be brought in and placed. 43. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of grading permit. 44. Apply and obtain a grading permit prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattem is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted befare grading begins. 45. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. 46. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 47. If applicable, prior to commencement of grading operations, applicant to provide to the City a map of all proposed haul routes to be used for movement of import/export material. Such routes shall be subject to the review and approval of the City Engineer. 48. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. Agenda Item No. Page_of Page Forty-eight - City Council Minutes - August 9, 2005 49. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling and storage container services, butthe applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. UTILITIES 50. 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. 51. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. DRAINAGE 53. A hydrology and hydraulic study and calculations for the proposed on site storm drainage system shall be submitted and approved prior to issuance of a grading permit. 54. Meet all requirements of LEMC 15.68 regarding flood plain management and the FEMA flood plan. 55. All drainage Facilities in this site shall be constnzcted to Riverside County Flood Control District Standards. 56. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system; the City Engineer shall approve the wording and stencil. Agenda I[em No. Page_of Page Forty-nine - City Council Minutes - August 9, 2005 57. niL.,.. ~.'~ . ..w~;::w: w.... . • ,, .......e.. • «,.e •~„ ,,..,, w,. a ..b .:a,s°o c°xxccxxx..s-@i.~¢ZrcrrorvrFi~criv-orco-oxxc[n-uo-ovrrroyvix rl,..,...,.w .t,e :t~-nr~h..n we ,.,.tte..ae,t ,...a ,. .va t,.. ., .....,..w ,~ a w t, ,..,..e. '---°o-- ---- "--- '"- '--"'- "- -"--'_._~ ... .... .........~.,.. .,~ » ............ »t.i..... ~~.. ..~ ~..~~ '{.. L'....:«ve« .. A.......~Me..w. A«..:«....e .. ..«4..«.... J b `f 7 ~ ?~c_. shell~~ebEa~ne~ €rer~ ~h~-~ewnskea~t~ier{.~-~i;~E~Een~n F r:l:h:ve. 4.~ n .~«4 41...ne a«n:nn~e fl.~..,n i. :4 41..~.~..rvl. 4~. 'k a 1 .».......,..., ~.. .... ..y.. ....w.. ....... ~..Ejv ..v ~jj..,.t....-,.,. .~':°..~,°. :~~~:.'.~, ~::: ;. .~.: ..H....... ..., tl.e ......,7:..,....1.... ..te,.~ ..FF «.~.1 t,. tl.,. ,.:a.. ......». b.. .. v ~ f .- ... ..ke..,.....e ,.«.] .. ...L. : .,,..a ..1..„~ ..l.,.ll l.e « «,,.7 .,..1.«.'1+ .7 a ... ... ...««....e«. «,~«.. ___ "'_"'"'__'_____ _"_ _' '""_" '""r" """""' i„_.."., .."»"' .,' r"'r„_..~~ ..».,......~.. ».... ~ Applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversions offlow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A drainage study prepared by a civil engineer shall be provided, identify existing and proposed on-site and off-site runoff water quantities and propose public and/or private drainage facilities. Drainage flows and facilities shall be shown on the grading plan. (Amended Planning Commission Meeting 7/19/2005) 58. Onsite and offsite Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the City Engineer shall approve the wording and stenciling. 59. The Riverside County Water Quality Management Plan requires this project to prepare a project specific Water Quality Management Plan (WQMP). As such the applicant will be required to prepare a WQMP and install BMP's to mitigate any urban pollutants from entering the watershed. The plan shall identify "pollutants of concern" and "hydrologic conditions of concern", and mitigate in accordance with the Riverside County Water Quality Management Plan. 60. Since this project does not discharge directly to a MS-4 storm drain and may significantly impact habitat in proximate receiving water (Lake Elsinore), the project, pursuant to the County of Riverside Water Quality Management Plan for Santa Ana and Santa Margarita Watersheds, shall design a water quality detention basin capable of releasing the post-development 2-yr and 10 year, 24 hour peak flow rates, respectively, equal to the pre-development 2 year and 10 year 24 hour peak flow rates. The 100-year storm shall pass without damage to the facility and the outlet velocities shall be controlled such that downstream erosion and habitat loss is minimized. Said Water Quality Management Plan shall be prepared and approved along with BMP facilities, including the properly sized detention basin, prior to issuance of a grading permit. ~°°°*~~~°a ~?a ~'~~ ~'~~"'~° ~„„~~.,°a ~r~- ~~ ~'-~ " i..,.~sr _""~ ' ' r-_._ .,"_" ..' »rr-„ . ~» i ...... ... ..... ' . (Amended Planning Commission Meeting 7/19/2005) Agenda Ilem No. Page_of Page Forty-nine - City Council Minutes - August 9, 2005 61. Applicant will be required to install BMP's to mitigate any urban pollutants from entering the watershed. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. This would include the use of a biofilter swale or other BMP techniques. Developers are encouraged to maximize pervious landscaped areas of the site, including incorporating swales in landscaped strips, using wheel stops and zero-faced mow strip curbs, remove ribbon gutters and allow runoff to sheet flow towazds landscaped swales, install pervious concrete pavement in parking stalls, sidewalks etc. ("Wetland in a box" system or cartridge treahnent filtration equipment in vaults). Education guidelines and Best Management Practices (BMP) shall be provided to the property owner and/or tenants in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. COMMUNITYSERVICES DEPARTMENT 62. The applicant shall pay all park fees at $.10 per square foot. 63. The applicant shall comply with all City recycling construction and debris ordinances. 64. The applicant shall comply with all regulations pertaining to the National Pollution Discharge Elimination System (NPDES). RIVERSIDE COUNTYFIRE DEPARTMENT 65. The applicant shall comply with all the Fire Department Conditions of Approval. 33. Sponsorship of "Guidebook" by the San Jacinto River Watershed Council.(F:92.6) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady deferred to Lake & Aquatic Resources Director Kilroy. Agenda Item No. Page_of Page Fifty - City Council Minutes - August 9, 2005 Mr. Kilroy gave an overview of the item. He indicated that the Lake Elsinore Watershed consisted of 760 square miles of land. He indicated that the request before Council was a request from the San Jacinto Watershed Council for the City to be one of their sponsors of their efforts to create and print 15,000 guide books for sustainable living in the Watershed. He introduced Watershed Council President Jim Gilmore and Executive Director Patricia Bolt. Mr. Gilmore commented that he was a fifteen-year resident of Lake Elsinore. He gave some background information about his involvement in the Watershed. Executive Director Bolt provided Council with budget information for the Watershed. She also provided Council the opportunity to view the "Guidebook". Mayor Magee questioned if Canyon Lake had donated to the operation. Executive Director Bolt indicated they had not donated at this time. She noted that the letters requesting sponsorship of the book would be going out this weelc. She noted they had received $5,000 from LESJWA. She indicated that EVMWD was considering donations and Riverside County Flood Control was also considering the "Guidebook". She noted that for the past three years EVMWD had donated $10,000 each year for Council support. She noted that the book was a one time project. Councilman Hickman questioned if Canyon Lake had ever donated. Executive Director Bolt commented that they had not. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO APPROVE THE $4,000 CONTRIBUTION FOR SPONSORSHIP OF THE "GUIDEBOOK TO LIVING IN THE SAN JACINTO RIVER WATERSHED". THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:04 P.M. Agenda Item No. Page_of Page Fifty-one - City Council Minutes - August 9, 2005 THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:11 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, Lake Elsinore commented that she had spoke with the Mayor the previous week regarding ADA laws. She provided Council with a copy of the ADA laws. She commented that her pet Babushka was recently killed by a German Shepherd. She commented that the owner had stated his dog had killed in the past. She suggested that any animal that kills more than once should be tested for aggressiveness. She noted that the owner did purchase her a new puppy, the same breed as Babushka. Ron LaPere, Lake Elsinore, complimented Council on their actions related to the cemetery. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Staff will be reviewing the cemetery issue. 2) Announced the following upcoming events: Aug 13`" - Music With A View Concert Series - Brian Lynn Jones and the Misfit Cowboys Aug 13`" - Canyon Lake Wakeboard Club Wakeboard Competition Aug 20th - Music With A View Concert Series - Jumpin Joz Band - 40's Swing Aug 20`h - INT Waterski/Wakeboard Competition CITY ATTORNEY COMMENTS No comments. Agenda Item No. Page_of Page Fifty-two - City Council Minutes - August 9, 2005 COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) He indicated that he had spoken with Administrative Services Director Pressey regarding the HDL Audit. He indicated that the City had been waiting one year for the results of the audit. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She offered her condolences to Paula Graver for the lost of her pet. Mayor Pro Tem Schiffner commented on the following: 1) He offered his condolences to Paula Graver for the lost of her pet. Councilman Hickman commented on the following: 1) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674-2526. 2) He thanked the RTA for donating cellular phones to the senior citizens. 3) He noted that there were Gas and Electric discount forms by the door for low income individuals or families. Councilman Buckley commented on the following: 1) He strongly agreed that the Council must protect the cemetery. Agenda Item No. Page_of Page Fifty-three - City Council Minutes - August 9, 2005 2) He commented on the possibility of an ambulance fee. He indicated that some insurance plans did not cover ambulance cost. Mayor Magee commented on the following: 1) He requested that fellow Councilmembers think of discussion items for the Joint Study Session on August 30`n 2) He requested that staff schedule a study session for CFD's, Policies and Procedures manual and Redevelopment Agency Committee. He noted they could be scheduled over the next three months. 3) He offered his condolences to Paula Graver far the lost of her pet. ADJOURNMENT The Regular City Council Meeting was adjour d 9. 5 p,~ l// ROBERT E. MAG MAYOR CITY OF LAKE ELSINORE ATTEST: FKLDERIC , DEPUTY CTTY CLERK CITY OF L ELSINORE Agenda I[em No. Page_of MINUTES REGULAR CTTY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 23, 2005 :~:~~:~****:~*:~~~~~*:~*~*~:~*~**~*~~*~~:*~*~:~~~*~~*~:~~*:~*:~*~~******~ CALL TO ORDER The Regular Ciry Council Meeting was called to order by Mayor Magee at 527 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:28 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.1 Agenda Item No. Page_of Page Two - City Council Minutes - August 23, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Manager Preisendanz. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee commented on the recent passing of Dolores Mayhall; and requested that the citizens prayed for support for her family. He commented that she was a part of the community for five decades; and led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, ffiCKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -(Subdivision (a) of Gov't Code § 54956.9) Kilroy et al v. City of Lake Elsinore, (Riverside County Superior Court Case No. RIC 434832.)(F:40.1)(F:52.1) b. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9 (1 potential case). (F:40.1)(F52.1) Agenda Item No. Page_of Page Three - City Council Minutes - August 23, 2005 City Attorney Leibold announced the Closed Session discussion items as listed above. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session regarding two items as listed on the agenda. City Attorney Leibold reported that there was no reportable action on Items a and b. PRESENTATION/CEREMONIALS A. Proclamation for the Lake Elsinore Woman's Club.(F122.1) Mayor Magee called Anne Marshall and other members of the Club forward for the presentation. Mayor Magee read and presented the proclamation. Anne Marshall thanked the City Council for the proclamation; and noted it was their 100-year anniversary. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Barbara Cady, President of Elsinore Valley Arts Network, commented on the Concert With A View Series being held in McVicker Park. She thanked all the sponsors of the Concert Series. Chris Hyland, Lake Elsinore, commented on the passing of Dolores Mayhall. She announced that the memorial will be Thursday, August 25`h, 11 a.m. to 1 p.m. at the Elks Lodge on Mission Trail. Dale Buckeridge, 16037 Via Sola, commented that he was having a problem with the Pacific Splash development behind his home. He indicated that they had constructed a 17 foot retaining wall. He noted that when the residents water their yard, the water bled through the wall at 5 feet off the ground. He noted that it was a defect in the wall construction. He noted that Mr. Zimmerman, representative for Pacific Communities, did not recognize that as being his responsibility. He indicated that he had contacted the City Engineering Division and also Building & Safety Manager Chipman, who designed the wall. Agenda Item No. Page_of Page Four - City Council Minutes - August 23, 2005 Mayor Magee commented that Mr. Buckeridge had been before Council in the past. Mayor Magee requested to have the issue resolved within the next couple of weeks. City Manager Brady indicated that staff would review the issue. Robert Cartier, President of Lake Elsinore Ready Mix, commented that he hoped that the Council would be prudent in their decision involving long-term debt. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - July 26, 2005. b. Regular City Council Meeting - July 26, 2005. 2. Ratified Warrant List for August 15, 2005.(F:12.3) 3. Received and filed Investment Report for June 2005.(F:12.5) 5. Adopted Resolution No. 2005-110, amending both 2004-OS and 2005- 06 Appropriarion Limits.(F:30.1) Agenda I[em No. Page_of Page Five - City Council Minutes - August 23, 2005 RESOLUTION NO. 2005-110 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CITY OF LAKE ELSINORE RESOLUTION NO. 2004-61 AND NO. 2005-47 ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-OS AND 2005-06 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF TTTLE 1 OF THE CALIFORNIA GOVERNMENT CODE. 6. Authorized the City Manager and Director of Administrative Services the authority to execute the other Broker Dealer Agreements related to the investment plan.(F:68.1) 7. Approved $75,000 from prior year unallocated revenue, waived the formal bidding process, and approved the purchase of the squad fire vehicle and other items as detailed in the accompanying information packet from the Fire Department.(F:48.1)(F:1273) Authorized the City Manager to prepare and enter into a contract with Planning Division Contract Staff to provide specialized planning services on an annual basis.(F:68.1) 9. Adopted Resolution No. 2005-111, prohibiting parking on the easterly side of Canyon Estates Drive 250 feet easterly and 200 feet northerly of Stoney Creek Drive.(F:112.1) RESOLUTION NO. 2005-111 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS 10. Adopted Resolution No. 2005-112, prohibiting parking on Sumner Avenue in front of Elsinore Elementary School.(F:l 12.1) Agenda I[em No. Page_of Page Six - City Council Minutes - August 23, 2005 RESOLUTION NO. 2005-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA ESTABLISffiNG NO PARKING ZONES ON CERTAIN STREETS. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Riverside Coun Gang Task Force Memorandum of Understanding between Riverside County and the Citv of Lake Elsinare.(F68.1) City Attorney Leibold indicated that there was an issue regarding the proposed term of the agreement under Section 1. She further indicated that the three paragraphs in that section was internally inconsistent. She advised that the Council needed to provide her with direction to make appropriate drafting revisions. She noted that the agreement provided for an initial term of 24 months. She advised that it could be drafted as a one year roll over unless otherwise terminated or a 24-month agreement that required Council action to be renewed. Councilwoman Kelley indicated that she would be in favor of a one or two year no-automatic roll over. She indicated that she would like to see some immediate local benefits for this program. She expressed that it seemed as though the City was paying for a Senior Deputy District Attorney at the County for the County's benefit. MOVED BY BUCKLEY, SECONDED BY BUCKLEY TO APPROVE THE MOU BETWEEN RIVERSIDE COUNTY AND THE CITY OF LAKE ELSINORE WITH A 2 YEAR LIMIT WITH NO ROLL OVER. Mayor Pro Tem Schiffner questioned if the program was recently beginning. Mayor Magee and Councilwoman Kelley confirmed. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Agenda Item No. Page_of Page Seven - City Council Minutes - August 23, 2005 PUBLIC HEARINGS 21. Public Hearin o~ n the nronosed street vacation of Flint Street. (F10.1) Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO CONTINUE THE ITEM TO SEPTEMBER 23RD CITY COUNCIL MEETING. 22. Public Hearing on the formation of CFD 2005-2 (Alberhill Ranch~; Joint Communitv Facilities and Fee Deposit & Reimbursement A~reements; call a Special Election; canvas election results: authorizing lew of Special T~es.(F:223)(F:68.1) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview and explained the procedure for the item. He requested the City Clerk to announce the notice. Deputy City Clerk Ray announced the notice. Administrative Services Director Pressey gave a more in-depth overview of the item. He noted it was for Alberhill Ranch. He noted that there were three improvement areas in the CFD. Mayor invited the public to speak on the formation of the district. City Treasurer Weber referred to page 9. He indicated that this was the first time the City impact fees were included in a bond. He questioned the inclusion of the fees. Administrative Services Director Pressey indicated that the cost was eligible infrastructure cost that provided value to the property. City Treasurer Weber indicated that he had never seen a Traffic Impact Fee on a bond or a DAG fee. He further indicated that these were developer fees not homeowner fees. He commented on the Fire Mitigated Fee. Agenda Item No. Page_of Page Eight - City Council Minutes - August 23, 2005 He expressed that he was concerned that the Council and citizens were not receiving the proper information on the issue. Mayor Pro Tem Schiffner requested that Mr. Pressey give a brief explanation of the process. Mr. Pressey explained the process in full detail. Councilman Hickman inquired about the Fire Mirigation Fee. Mr. Pressey indicated that it was a standing Impact Fee, which was in place before he was employed by the City. He deferred to City Manager Brady. Councilman Hickman inquired about the DAG fees. Mr. Hunt explained that those fees were governed by the agreement with the developer. He indicated that it provides that the monies would be used for capital facilities, which would be reimbursable from bond proceeds. He explained the Mello Roos Community Facilities Act. Councilman Buckley recited the list of facilities to be built. He questioned what else was not listed that would be a capitol improvement covered by the DAG fee. Mayor Magee requested clarification regarding the definition for the $1.5 million was going toward. City Attorney Leibold explained that the more recent development agreements that were negotiated in the last couple of years did not typically designate DAG fees for capitol. She further explained that some of the older agreements did designate the DAG fees to be dedicated for certain capitol improvements. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE ITEM TO THE SEPTEMBER 13TH COUNCIL MEETING. Agenda Item No. Page_of Page Nine - City Council Minutes - August 23, 2005 23. Public Hearing - Resolution determinin~ the validitv of prior proceedin~s relating to annexation of prouerty into City of Lake Elsinore Communitv Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Servicesl; call a Special Election; canvas election results; authorizin~ lew of Special Taxes far CFD 2003-1 Annexation Area No. 14 (Lakeview Villas~.(F:223) Mayor Magee introduced the item and opened the public hearing at 7:30 p.m. and deferred to City Manager Brady. City Manager Brady gave an overview and explained the procedure for the item. He requested the City Attorney to announce the notice. City Attorney Leibold announced the notice. Administrative Services Director Pressey gave an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Mayor Magee closed the public hearing at 7:35 p.m. MOVED BY SCHIFFNER, SECONDED BY AICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-117, DETERMINING THE VALIDTTY OF PRIOR PROCEEDINGS. RESOLUTION NO. 2005-117 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) Agenda I[em No. Page_of Page Ten - City Council Minutes - August 23, 2005 MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-118, CALLING A SPECIAL ELECTION. RESOLUTION NO. 2005-118 RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARMEDIC SERVICES) CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special tax. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY BUCKELY, SECONDED BY HICKMAN AND CARRIED BY A UANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-119, ORDERING THE CANVASSING OF THE ELECTION RESULTS. RESOLUTION NO. 2005-119 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) ANNEXED TO SAID DISTRICT. RESIDENTIAL. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE NO. 1158. Agenda Item No. Page_of Page Eleven - City Council Minutes - August 23, 2005 ORDINANCE NO. 1158 AN ORDINANCE OF THE CTTY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 14 (LAKEVIEW VILLAS) ANNEXED TO SAID DISTRICT AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 24. Public Hearin~ - Formation of CFD 2005-4 (Lakeview Villas); Joint Community Faciliries Agreement; call a Special Election; canvas election results; authorizing lew of Special Taxes.(F:22.3) Mayor Magee introduced the item and opened the public hearing at 7:36 p.m. and deferred to City Manager Brady. City Manager Brady gave an overview and explained the procedure for the item. He requested the City Clerk to announce the notice. Deputy City Clerk Ray announced the notice. Administrative Services Director Pressey gave an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Agenda Item No. Page_of Page Twelve - City Council Minutes - August 23, 2005 Mayor Magee closed the public hearing at 7:39 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-120, APPROVING THE JOINT COMMUNITY FACILITIES AGREEMENT. RESOLUTION NO. 2005-120 RESOLUTION OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-121, APPROVING THE FORMATION OF THE DISTRICT. RESOLUTION NO. 2005-121 RESOLUTION OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS) MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-122, TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Agenda Item No. Page_of Page Thirteen - City Council Minutes - August 23, 2005 RESOLUTION NO. 2005-122 RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $9,000,000 WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS) AND CALLING A SPECIAL ELECTION Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special tax, incurring bonded indebtedness in the amount not to exceed $9,000,000 and establishing an appropriation limit equal to the maximum amount of bond indebtedness. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-123, ORDERING THE CANVASSING OF THE ELECTION RESULTS. RESOLUTION NO. 2005-123 RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CANVASSING THE RESULTS OF THE SPECIAL ELECTIONS HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS) MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE NO. 1159. Agenda [tem No. Page_of Page Fourteen - City Council Minutes - August 23, 2005 ORDINANCE NO. 1159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 25. Tentative Parcel Map No. 33525 "For Condominium Pumoses" and Industrial DesiQn Review No. 2005-02 - J&S Development Business Park.(F 110.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an in-depth overview of the item. He noted that the item was heard by the Planning Commission on July 19th. He further noted that the Planning Commission recommended approval. Mayor Magee opened the public hearing at 7:42 p.m. Mayor Magee closed the public hearing at 7:43 p.m. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-124, APPROVING TENTATIVE PARCEL MAP 33525 "FOR CONDOMINIUM PURPORSES." Agenda Item No. Page_uf Page Fifteen - City Council Minutes - August 23, 2005 RESOLUTION NO. 2005-124 RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 33525 "FOR CONDOMINIUM PURPOSES" FOR PROPERTY LOCATED AT THE NORTHWEST CORNER OF MINTHORN AND CHANEY STREETS. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-125, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2005-02, WITH MODIFICATION TO CONDITION OF APPROVAL 32B, LANDSCAPING STANDARDS TO REDUCE THE NUMBER OF FEET BETWEEN TREES FROM 40 FT TO 30 FT. RESOLUTION NO. 2005-125 RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2005-02, FOR A PROJECT KNOWN AS J&S DEVELOPMENT BUSINESS PARK LOCATED AT THE NORTHWEST CORNER OF MINTHORN AND CHANEY STREETS. 26. Cottage Lane Specific Plan.(F:150.2) Mayar Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an in-depth overview of the item. He noted that the Planning Commission had recommended approval of the item. Mayor Magee opened the public hearing at 7:48 p.m. Chris Hyland, Lake Elsinore, commented that the first time the item was mentioned the map reflected incorrect information. She noted that the Agenda 1[em No. Page_of Page Sixteen - City Council Minutes - August 23, 2005 residents of Ulla Lane had filed a lawsuit because they felt their street should be closed off by a gate. She indicated that if Ulla Lane was closed off by a gate, her street which was a 60-house tract would have between 480 and 520 cars utilizing that street. She requested to have her street gated if Ulla Lane was to be gated. She commented that Council would be putting all the traffic onto her tract. She noted that her neighbors opposed this action. Mark McDorman, 3740 Ulla Lane, yielded his time to the attorney representing Ulla Lane. Mayor Magee advised Mr. McDorman he was allowed three minutes and his attomey would be allowed three minutes. Mr. McDorman declined to address the Council. Robert Sadlak, 3760 Ulla Lane, indicated that he had been in that neighborhood for seven years and had moved there specifically because it was a small private street. Charles Delgado, attorney representing Ulla Lane residents, commented that his firm had filed a lawsuit on behalf of the LJlla Lane residents. He indicated that he had spoken with litigation counsel for the City last week and his firm felt that there was a better way to obtain their objectives. He indicated that he had spoken with the developer legal counsel. He indicated that he would be in discussion with the developer next week and hopefully the City would be in support of those discussions. David Leonard, Wesco Development representative, commented that the developer could make the project work with ar without the gate. He requested that condirion no. 60 and 61 be deleted if there was to be a gate. He noted that these conditions required off-site improvements to Ulla Lane. He requested that if no gate was imposed, that the City allowed them to annex the park site and parkways into a Landscape and Lighting Maintenance District and the full burden of the cost of that district be imposed on the residents of the tract map. He requested that condition no. 68 be change to have a tag signal as approved by the City Agenda I[em No. Page_of Page Seventeen - City Council Minutes - August 23, 2005 Engineer. He thanked staff for their help. Councilman Hickman inquired if Mr. Delgado was requesting a continuance. Mr. Delgado indicated that he was not. Mayor Pro Tem Schiffner indicated that the dedication was still an offer and all the City had to do was accept, and Ulla Lane would become a public street. He noted that he must take in consideration the other 44 people that this would affect, not just the half dozen people on Ulla Lane. Councilman Buckley commented that the residents of Ulla Lane had been paying taxes on the land under Ulla Lane. He suggested an emergency access for emergency vehicles. He indicated that if it was to be considered a private street than it was the Ulla Lane resident's responsibility to maintain the street. He noted that Mr. Leonard had been exceptional with dealing with the Ulla Lane residents. He indicated that if the emergency access or a gate was put in place than the City would not have any responsibility to Ulla Lane. Councilwoman Kelley commented that Mr. Leonard had reconfigured some of the designs to try and please the residents of Ulla Lane. She expressed that it sadden her that a lawsuit was filed before the Council had a chance to go through the process. She indicated that she must make her decision off what was in the best interest of the entire City. Mayor Magee commented that he supported everyone's right to challenge the decision through the judicial system. He expressed that he was offended that someone would challenge the Council before they had the ability to make a decision. He indicated that the lawsuit was Pat Kilroy v. City of Lake Elsinore. He noted that this was the second time Mr. Kilroy had used an attorney to threaten or intimidate the Council. He did not understand why Mr. Kilroy continued to accept a paycheck if he did not believe in the process and did not believe in the leadership that the voters put in office. He commented that he had met with the residents on Ulla Lane, met with the developers and had visited the street many times. He indicated that Mr. Kilroy had never contacted Agenda Item No. Page_of Page Eighteen - City Council Minutes - Augusf 23, 2005 him to discuss the issue. Mayor Magee indicated that the developer had gone out of his way to engineer a unique project. He indicated that the residents of Ulla Lane wanted to maintain the serenity of Ulla Lane. He indicated that he would support Councilman Buckley's recommendation to gate Ulla Lane and it be used for emergency access only, but not require the developer to do additional street improvements on Ulla Lane except as it direcfly impacted his development. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE PROJECT AS SUBMITTED AND ACCEPT THE DEDICATION OF ULLA LANE AS A PUBLIC STREET. Councilman Buckley requested clarification of the type of gate. Mayor Magee indicated that he would prefer that it was for emergency access only. Mr. Leonard commented that the arrangement with the County Fire Department was an exit only with two way travel and emergency only; the gate would expand a fully improved street. He indicated that it would be a censored activated gate. City Attorney Leibold requested that the Council postpone or withdraw consideration of the motion until the preliminary items of consistency with the MSHCP, the Mitigated Negative Declaration No. 2005-02 and rezoning. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTIOr~i NO. 2005-126, ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. Agenda Item No. Page_oL Page Nineteen - City Council Minutes - August 23, 2005 RESOLUTION NO. 2005-126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTISPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS THE COTTAGE LANE SPECIFIC PLAN LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-127, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-02. RESOLUTION NO. 2005-127 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MTTIGATED NEGATIVE DECLARATION NO. 2005-02 FOR THE PROJECT KNOWN AS TAE COTTAGE LANE SPECIFIC PLAN LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACfIADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY OF ORDINANCE N0.1161. Agenda Item No. Page_of Page Twenty - City Council Minutes - August 23, 2005 ORDINANCE NO. 1161 AN ORDINANCE OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFOI2NIA, APPROVING SPECIFIC PLAN NO. 2004-O1 CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES FROM R-1 SINGLE FAMILY RESIDENTIAL DISTRICT AND R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE SUBSITITUTE MOTION MADE BY COUNCILMAN BUCKLEY. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-128, ADOPTING COTTAGE LANE SPECIFIC PLAN NO. 2004-O1, WITH A GATE AS REFERRED TO BY MR. LEONARD, THE DELETION OF CONDITION #'s 60 AND 61, AND CHANGING CONDITION # 68, ADDING THE TAG PHRASE AS APPROVED BY THE CITY ENGINEER ON THE TILLER LANE KNUCKLE. Mayor Magee commented that the first sentence of the condition of approval #63, should be deleted if Councilman Buckley's motion received majority vote. Councilman Buckley concurred with Mayar Magee. Agenda Rem No. Page_of Page Twenty-one - City Council Minutes - August 23, 2005 City Manager Brady indicated that it would be the responsibility of the HOA for the new tract to ensure the gate was functioning properly. Councilwoman Kelley commented that condition of approval #51 directed the HOA to take care of the park facilities. She inquired if that was a public park, should the condition be changed. Community Services Director Sapp explained that it was viewed as a gated community and not available to the public, therefore it was the HOA's responsibility to maintain the park facility; and if a public park staff would recommend that they annex into the LLMD. FOREGOING SUBSTTTUTE MOTION CARRIED BY A VOTE OF 3-2 WITH KELLEY AND SCHIFFNER CASTING THE DESCENDING VOTE. RESOLUTION NO. 2005-128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY 4-1 VOTE WITH COUNCILWOMAN KELLEY CASTING THE DECENDING VOTE TO ADOPT RESOLUTION NO. 2005-129, ADOPTING TENTATIVE TRACT MAP NO. 32996 WITH CfIANGES CONCOMITANT TO RESOLUTION NO. 2005-128. RESOLUTION NO. 2005-129 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 32996 FOR THE COTTAGE LANE SPECIFIC PLAN LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES Agenda [tem No. Page_of Page Twenty-two - City Council Minutes - August 23, 2005 MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY 4-1 VOTE WITH COUNCILWOMAN KELLEY CASTING THE DESCENDING VOTE TO ADOPT RESOLUTION NO. 2005-130 WITH CHANGES CONCOMITANT TO RESOLUTION NO. 2005-128. RESOLUTION NO. 2005-130 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-06 FOR THE COTTAGE LANE SPECIFIC PLAN. GENERAT. 1. The applicant shall defend (with counsel acceptable to the Cit~, indeimiify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claury action, or proceeding against the City, iu Official, Office~, Employees, Contract Consultanu, or Agenu to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body conceming the subject project, which action is bought within the tune period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will prompdy notify the Applicant of any such claixn, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. SPECIFIC PLAN NO. 2004-01 2. The Draft Cottage Lane Specific Plan shall be revised to incorporate any corrections and changes required by the Planning Conunission and/or City Council. A Final Cottage Lane Specific Plan document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No pemut shall be issued until the Cottage Lane Specific Plan document and any required revisions are administratively approved by the Community Development Director or designee. 3. Future development shall comply with those standards and guidelines contained in the Cottage Lane Specific Plan document. 4. Those issues, standards, guidelines, etc. not addressed in the Cottage Lane Specific Plan will revert to the CityMunicipal Code and/or Zoning Code in effect at the time future projecu are proposed. Agenda Item No. Page_ot Page Twenty-three - City Council Minutes - August 23, 2005 5. The applicant shall participate and annex into the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project-related onsite and offsite unprovemenu as described in the Cottage Lane Specific Plan document. The applicant shall implement those mitigation measures identified in Mitigated Negative Declaration No. 2005-02 and iu Mitigation Monitoring Program 8. Provisions of the Cit}~s Noise Ordinance shall be satisfied during all site preparation and construction activiry. Site preparation activiry and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 9. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall retum the executed original to the Community Development Department. TENTATIVE TRACT MAP NO. 32996 10. The Tentative Tract Map No. 32996 will e~ire two (2) years from date of approval unless within that period of time an appropriate instnunent has been filed and recorded with the County Recorder, or an e~nension of time is granted by the City of Lake Elsinore Ciry Council in accordance with the Subdivision Map Act. 11. The Tentative Parcel Map No. 32996 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requiremenu of the Lake Elsinore Municipal Code, Tide 16 unless modified by approved Conditions of Approval. 12. Prior to final certificate of occupancy of Tentative Parcel Map No. 32996, the ixnprovemenu specified herein and approved bythe Plauniiig Corxunission and the City Council shall be installed, or agreemenu for said improvemenu, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvemenu must be bonded for as part of the agreemenu. 13. Prior to approval of the Final Map or if deemed appropriate by the Ciry Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documenu shall be approved by City Planning and Engineering and the Ciry Attomey and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a m;,,~.,,um, the CC&Rs shall include language to ensure the following conditions: Agenda Item No. Page_of Page Twenty-four - City Council Minutes - August 23, 2005 RESIDENTIAL DESIGN REVIEW NO. 2005-06 14. Design Review approval for Residential Project No. 2005-06 will lapse and be void unless a building pernvt is issued within one (1) year of the approval date. An extension of tune, up to one (1) year may be granted by the Community Development Director prior to the expiration of the inirial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 15. All construction shall comply with these Conditions of Approval and those provisions and requiremenu contained in the Cottage Lane Specific Plan and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 16. All site improvemenu shall be constructed as indicated on the approved building elevations and site plan for the model home complex. 17. Future site plotting and construction shall be consistent with these Conditions of Approval, those conditions approved with Tentative Tract Map No. 32996 and those provisions and requiremenu contained in the Cottage Lane Specific Plan and Municipal Code, subject to approval by the Community Development Director or designee. 18. Future site ploaing and construction within Tentative Tract Map No. 32996 shall comply with the standards and requirements of the Single-Family Residential area (SFD 4000), as defined by the Cottage Lane Specific Plan. Future site plotting shall be shown on precise grading plans, subject to approval by the Community Development Director or designee. 19. Prior to fust certificate of occupancy for the models, the applicant shall prepare for Ciry approval an e~ibit that shows which side and rear elevations will be provided with architectural enhancemenu for the Residential Project No. 2005-06 area. 20. All weep screeds shall be a ma.xiinum three inches above any hard surface and four inches above anyearth surface. 21. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 22. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. Agenda I[em No. Page_of Page Twenty-five - City Council Minutes - August 23, 2005 23. Provide a flat concrete pad or area a m~nimum of 3'- 0" by 7'- 0" adjacent to the dwelling for the storage of the Citytrash barrels. The storage pad or area shall conceal the trash barrels from public view, subject to the approval of the Communiry Development Director or designee. Precise grading plans shall identify the location of the aforementioned flat concrete pad and air conditioning uniu. 24. The building addresses (in numerals at least four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right-of-way. The applicant shall obtain street addresses for all production lots prior to issuance of certificate of occupancy. 25. The applicant shall comply with all requirexnenu of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 1572 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved bythe CiryEngineeringManager. 26. The applicant shall comply with all applicable City Codes and Ordinances. , 27. Prior to issuance of building pemut, building plans for the Model Home Complex shall ' comply with all American Disabiliues Act (ADA) requirements, including provision of a handicapped-accessible bathroom 28. A cash bond of $1,000.00 shall be required for the Model Home Complex. This bond is to guarantee removal of the temporary fencing material, parking lot, etc. that have been placed onsite for the Model Home Complex. The bond will be released after removal of the materials and the site is adequately restored, subject to the approval of the Community Development Director or designee. 29. A cash bond of $1,000.00 shall be required for any garage conversion of the model(s). Bonds will be released after removal of all temporary materials and the site is adequately restored, subject to the approval of the Communiry Development Directar or designee. 30. A cash bond of $1,000.00 shall be required for any construction trailers used during construction. Bonds will be released after removal of tra$ers, subject to the approval of the Community Development Director or designee. 31. The applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building pernut. 32. The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the E VMWD and shall incorporate all district conditions and standards. Agenda I[em No. Page_of Page Twenty-six - City Council Minutes - August 23, 2005 33. The design and construction of the project shall meet all County Fire Department standards for fire protection. 34. All mechanical and electrical equipment shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be architectui'ally screened along with substantial landscaping, subject to the approval of the Communiry Development Director, prior to issuance of building permit. 35. All front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) urigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation xnethods. The final landscaping/imgation plan is to be reviewed and approved by the Cit}~s I.andscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. 36. The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24-inch box in size. 37. Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. 38. 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 ar drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. 39. All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. 40. All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. 41. One of the proposed lots of the Model Home Complex shall be Xeriscaped and signage provided identifying Xeriscape landscaping. 42. The Final landscape plan shall be consistent with any approved site and/or plot plan. 43. The Final landscape plan shall include planting and irrigation details. Agenda Item No. Page_oF Page Twenty-seven - City Council Minutes - August 23, 2005 44. All exposed slopes in excess of three feet in height within the subject tract and within private lou shall have a pennanent irrigation system and erosion control vegetation mstalled, as approved by the Plaiuiuig Division, prior to issuance of certificate of occupancy. 45. Prior to issuance of building permit, the applicant (master developer) shall prepare a Community-Wide Wall Plan for the project, subject to approval by the Community Development Director or designee. 46. The applicant shall prepare a Wall and Fencing Plan for the area comprising Design Review No. 2005-06 in compliance with the fencing standards within the Zoning Code Section 17.14.130.D prior to issuance of any building pemut, and subject to the approval of the Community Development Director or designee. Said plan shall comply with City standards and details for fencing and also include design of a perimeter decoradve block wall. 47. Fences located in any front yard shall not exceed three feet in height with the exception that wrought-iron fences may be five feet in height. Chain link fences shall be prohibited. 48. Garages shall be constructed to provide a m;.,;.,,um of 10' x 20' of interior clear space for two cars for a total interior clear space of 20' x 20'. 49. Prior to issuance of any precise grading pemut or building perxnit, the applicant shall sign and complete an"Acknowledgment of Condiuons" and shall retum the executed original to the CommunityDevelopment Department for inclusion in the case records. 50. These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. 51. The Homeowner's Association shall maintain all project improvements and facilities, including the project streets, landscaping, park facilities, and drainage improvements. 52. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 53. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 54. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District haue been paid. Agenda Item No. Page_of Page Twenty-eight - City Council Minutes - August 23, 2005 55. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 56. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 57. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERING 58. Dedicate full half width right-of-way for Ulla Lane adjacent to the project boundary. Dedication shall be for 30-feet measured from the centerline of Ulla Lane to the project property line. Dedicate ful] width right-of-way within the project boundary. Full width right-of-way shall be 60-feet. 59. Construct full half width street improvements for Ulla Lane within the proj ect limits. 60. Proposed pavement adjacent to the existing Ulla Lane shall measure 18-feet from the centerline to the proposed project curb face. 61. Paving of off-site Ulla Lane shall extend from the existing edge of pavement to the southerly (Saul's) property line. Conshuct a City standard asphalt dike extending from the curb return on Machado Street to the proposed project curb face improvement. Connection between the AC dike and the proposed curb face shall be on the same alignment. 62. A Caltrans Standard edge line shall be located one-foot from the face of the AC dike and shall be shown on the proposed signing and striping plan. 63. Construct an intersection radius on the southwest corner of Machado Street and Ulla Lane. Construct an intersection radius on the northeast corner of Machado Street and Tiller Lane. Design shall be approved by the City Engineer or designee. 64. Dedicate full width right-of-way far Tiller Lane within the project limits. Dedication shall be for a width of 50-feet. 65. Construct full width street improvements on Tiller Lane. Street improvements shall be for 36-feet from curb-to-curb and shall reflect the current conditions found at Tiller Lane @ Keel Drive (i.e. sidewalks shall be continued on proposed Tiller Lane). Design shall show connection to the existing street section northwest of the project limits. Agenda Item No. Page_of Page Twenty-nine - City Council Minutes - August 23, 2005 66. Off-site improvements on Tiller Lane shall include paving adjacent to the existing edge of pavement such that the fixll width, curb face to edge of pavement is 31-feet. 67. Construct an AC dike at the new edge of pavement along the northerly right-of-way (Saul's property) line. "No Parking" signs shall be posted along the northerly right- of-way line. A white edge line shall be marked adjacent to the face of the AC dike on Tiller Lane. 68. Lot `A' and Tiller Lane shall intersect as a City Standard Knuckle. 69. All slopes shall be graded no steeper than 2:1. 70. All slope drains shall be conveyed to an approved drainage course. 71. All street grades shall not exceed nine percent (9%) unless otherwise approved by the City Engineer. 72. Pay all development fees, including area drainage, TIF and TUMF. 73. Provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted. ~4. In the event that downstream flood control facilities will not accept increased run off, then the applicant shall provide for detention ofstorm water run offgreater than the existing unimproved condition. Outlet of detention facility shall be consistent with volume, direction and character of the historic flow. (Amended 7/19/2005). ^ ~' ^t ^~^~77 ,:Ae F «Aet~«ti,. ,.F..t.. ,.~,. ,.FF L. YY YY the e:~ti ........:.....«....e.7 ,. ...7:4:.... ll..tl,.t ,.C.7eFe..+:.... C..:l;a. L. 17 1. ., .. ~~.... `_'_ ""__' _'__a ~"""r" ' _' '.,"..""„'. .. »._... .,~ ......~..`..,.. ~...."'.~ .,....... ...~ .~....o. ~ .:.~, ..,.i. ...., a• a t, r t, t, • ~ 75. 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. 76. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 77. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District Number 1 and CFD 2003-1. 78. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Agenda Item No. Page_of Page Thirty - City Council Minutes - August 23, 2005 79. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to building permit approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Puking and Street Sweeping Signs for streets within the tract. 80. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 81. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattem is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 82. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 83. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site, unless a study is already on file. 84. All Public Works requiremenu shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 85. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (I,EMG~, and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 86. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). 87. 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 final map approval. 88. Construct all public works improvemenu per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 1634). 89. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvemenu shall be designed and constnzcted to Ciry of Lake Elsinore Standards, and CityCodes (I.EMC 12.04 and 1634). Agenda I[em No. Page_of Page Thirty-one - City Council Minutes - August 23, 2005 90. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 91. Interior streeu shall be designed with 9% as the desu-ed grade and intetsecting streeu shall meet at a ma~inum grade of 6% 92. Payall fees and meet requiremenu of encroachment permit issued bythe Engineering Division for constnxction of public works improvements (LEMC 12.08 and Resolution 83-78). 93. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvemenu will be scheduled and approved. 94. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 95. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stabiliry and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 96. On-site drainage facilities located ouuide of road right-of-way should be contained within drainage easemenu shown on the final xnap. A note should be added to the final map stating: "Drainage easemenu shall be kept free of buildings and obstnxctions". 97. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed bya method approved bythe CiryEngineer. 98. Meet all requiremenu of LEMC 15.64 regarding flood hazard regulations. 99. Meet all requiremenu of LEMC 15.68 regarding floodplain management. 100. Unless reports are already on file, submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and dive~ion of drainage. 101. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved bythe CityEngineer. 102. Roof and yard drains shall not be allowed to outlet through cuu in the street curb. Roof drains shall drain through a*n;nimum 20-feet of landscaped area. Agenda ltem No. Page_of Page Thirty-two - City Council Minutes - August 23, 2005 103. Ten (10) year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage faciliues should be installed. 104. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutanu from entering the watershed. 105. Unless previously submitted, the 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 Elinvnation System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permiu. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibiliues. 106. Education guidelines and Best Management Practices (BMP) shall be provided to residenu of the development in the use of herbicides, pesdcides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside CountyNPDES Drainage Area Management Plan. 107. Unless previously completed, the applicant shall provide fust flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 108. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste mazerial, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. BUSINESS ITEMS 31. Second Readin~ - Ordinance No. 1153 - Amending Chapter 16.74 to title 16 of the Lake Elsinore Municipal Code establishin~ fees on development ~rojects. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY OF ORDINANCE NO. 1153. Agenda 1[em No. Page_of Page Thirty-three - City Council Minutes - August 23, 2005 ORDINANCE NO. 1153 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.74 TO TTTLE 16 OF THE LAKE ELSINROE MUNICIPAL CODE ESTABLISHING FEES ON DEVELOPMENT PROJECTS AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE BUCKLEY NONE 32. Second Reading - Ordinance No. 1156 - Authorizine the lev,~~ services special tax and snecial tax. Mayor Magee introduced the item. City Treasurer Weber indicated that although he was provided with the documents regarding this ordinance, he was not clear on the CFD. Administrative Services Director Pressey explained that there were two parts to the CFD formation. He continued to explain the process of the formation of the CFD. Mayor Magee explained that this was the second reading of the ordinance. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. ll56. Agenda Item No. Page_of Page Thirty-four - City Council Minutes - August 23, 2005 ORDINANCE N0.1156 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Amendment to Chapter 5.78, re ardin~ Significant Palm Trees.(F:104.1) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Community Services Director Sapp. Community Services Director Sapp gave a more in-depth overview of the item. He noted that staff was recommending the elimination of the Mexican Fan Palm and the addition of the Queen Palm and King Palm. He indicated that the Mexican Fan Palm was a voluntary grower. He indicated that it grows everywhere and once it grows 25 feet in height it then becomes a protected specie. Ron LaPere, Lake Elsinore, gave some background information on the formation of the Palm Tree Committee and the creation of the Palm Tree ordinance. He noted that the Committee had recently met to discuss this agendized item; and supported staff recommendation. Councilman Hickman noted a fund maintained by Edison which had a balance close to $300,000. He noted that the fund was to move trees, Agenda Item No. Page_of Page Thirty-five - City Council Minutes - August 23, 2005 poles and issues relating to palm trees. He suggested using mony from that fund to help maintain the palms along Lakeshore Drive. Mayor Pro Tem Schiffner indicated that he was not in favar of adding the Queen and King palm. Councilman Buckley advised that the Palm Tree Committee was no longer in existence, but he appreciated the input that was offered by the community. He questioned the Queen and King palm. Mr. Sapp explained that in the landscape industry, palms are being used more often. He noted that after years, the trees start to develop historical reference as seen with other palms. Mayor Magee indicated that he was also concerned with adding the Queen and King palm. He also indicated that he agreed with the elimination of the Mexican Fan Palm. He noted that in the minutes submitted by the Committee, Mr. Fleming suggested that the General Plan Committee reviewed the trees and landscape ordinance and the viewshed ordinance. He agreed with that suggestion rather than adding the Queen and King Palm. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE DELETION OF THE MEXICAN FAN PALM FROM THE LIST AND DIRECT STAFF TO NOTIFY THE GENERAL PLAN ADVISORY COMMITTEE OF THE POSSIBILITY OF THE LANDSCAPING ORDINANCE AND VIEWSHED ORDINANCE AND TO CONSIDER THE TREES AND INTRODUCED AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE NO. 1160. Agenda Item No. Page_of Page Thirty-six - City Council Minutes - August 23, 2005 ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE DEFINTTIONS PORTION OF CHAPTER 5.78 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SIGNIFICANT PALM TREES. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE NONE NONE 34. Easement for Stadium parking lot propertv (Parkin L~ ot C).(F:134.10) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady deferred to City Attorney Leibold. City Attorney Leibold gave some background information on the item. She noted that Laing was presenting a grant of easement. She explained that it was a form of easement that would permit the conveyance of Parking Lot C, subject to the recordation of the Grant of Easement. She noted that the easement would be suspended for no more than 12 months, at which time temporary replacement parking would be provided on the southeast corner of Diamond Drive and Malaga. The temporary lot would be improved in likeness to the existing gravel lot; and would be required to be completed and available before Parking Lot C could be closed. She further explained that Parking Lot C would be graded, paved and striped to provide a more permanent parking for the Stadium; and the temporary lot would then be closed and developed in accordance with the Specific Plan. Agenda Item No. Page_of Page Thirty-seven - City Council Minutes - August 23, 2005 City Attorney Leibold noted that there were two maps that had a diagram that reflected the configuration of the temporary parking lot and Parking Lot C. She noted that there was a typo in Section 2.1 of the easement that referred to Section 2, in which staff would be correcting to reflect Section 2.2. MOVED BY HICKMAN, SECONDED BY KELLEY TO AUTHORIZE THE MAYOR TO EXECUTE THE EASEMENT, SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CTTY ATTORNEY AND, FURTHER, AUTHORIZED THE CITY MANAGER TO EXECUTE ANY ANCILLARY DOCUMENTS NECESSARY TO IMPLEMENT THE TERMS OF THE EASEMENT. Councilman Buckley questioned when the new Parking Lot C would be opened. Michael Filler, John Laing Homes representative, commented that grading would start once the season was over. City Attorney Leibold indicated that the agreement noted not to exceed 12 months to complete the parking lot improvement. Mayor Magee noted that this was part of the larger Laing Homes development. He reminded the public that Council had conditioned the driving range, golf course and club house was to be completed and ready for service before any homes were completed and ready for occupation. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Affordable Housing Aexeement imposing restrictions on real vroperty (Alliance Realty Partners LLCI.(F:68.1) Mayor Magee introduced the item and deferred to City Attorney Leibold. City Attorney Leibold gave an overview of the item. She indicated that the developer had agreed that if the project was approved and property was acquired and property was developed, they would include within the 184 units 15% (28 units) of the residential units reserved for occupancy of moderate income households at an affordable rent. The term of Agenda Item No. Page_of Page Thirty-eight - City Council Minutes - August 23, 2005 affordability would be in effect for 55 years and the developer would be obligated to ensure that the tenant households were income qualified within the moderate income range and the rent paid was affordable. She noted that the units would count toward the Redevelopment Agency housing obligation. Drew Colquitt, Alliance Residential Company representative, commented on the background section of the staff report. He indicated that Alliance was aware that the item would be brought back to City Council if there was an appeal of the Planning Commission decision. City Manager Brady clarified that if there was any other tentative tract map, any type of legislative action that would be required would be brought before the City Council. City Attorney Leibold noted that affordable rent included a reasonable utility allowance and the agreement provided that the applicable utility allowance would be that published by the Riverside County Housing Authority. Paul Anderson, legal counsel for Alliance, commented that he was present to answer any questions the Council might have. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. Councilman Hickman commended Alliance on the project and welcomed them to the community. Mayor Magee concurred with Councilman Hickman. Mayar Pro Tem Schiffner commented that he would like Alliance to come back to Council for a short presentation, so the citizens could see the design. Agenda Item No. Page_of Page Thirty-nine - City Council Minutes - August 23, 2005 FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:03 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:16 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Ron LaPere, Lake Elsinore commented on a tentative study session on reviewing policies of the City. He indicated that currenfly the policy read that no one could serve on more than one committee/commission. He requested that Council maintained that policy. Edith Staffard, Lake Elsinore, commended the Council on the approval of affordable housing. She requested clarification on Item No. 26. Mayor Magee explained that the motion was to place a gate at Ulla Lane where the new project started and would not pursue the acceptance at this point of the dedication of Ulla Lane. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Aug 27`h - Music With A View Concert Series - Jazz Lao Tizer Sep 15f - Historical Society Open House Sep 2°d - Mayor State of the City Address Sep 3`d - Music With A View Concert Series - Riverside Philharmonic Sep 3`d - Household Hazardous Waste facility will be open from 9 a.m. - 2 p.m. Agenda Item No. Page_of Page Forty - City Council Minutes - August 23, 2005 2) Announced the upcoming City Council Study Sessions: Sep 22"d - CFD fees at 4 p.m., at the Cultural Center Sep 29`h - City Council Policy at 4 p.m., at the Cultural Center 3) He expressed his condolences to the Mayhall family and commented that Dolores Mayhall was a member of Rotary, who maintained a perfect attendance while a member; and she was also the first lady in the Lake Elsinore Rotary Club. CTTY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASLJR~R COMMENTS No comments. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She expressed her condolences to the Mayhall family. Mayor Pro Tem Schiffner commented on the following: 1) He thanked everyone for attending. Agenda Item No. Page_of Page Forty-one - City Council Minutes - Augusf 23, 2005 Councilman Hickman commented on the following: 1) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674-2526. 2) He expressed his condolences to the Mayhall family. 3) He reminded everyone of the Stadium RFP presentations to be held tomorrow at the Cultural Center. Councilman Buckley commented on the following: 1) He expressed his condolences to the Mayhall family. He suggested Council consider naming a street or park in her honor at the next scheduled City Council Meeting. 2) He thanked Lys Mendez for her coverage of Lake Elsinore for the Press Enterprise and wished her well on her new duties at the main office of the Press Enterprise. Mayor Magee commented on the following: 1) Thanked his fellow councilmember's on the professional manner in which the meeting was conducted considering some of the topics on the agenda. He commented that he believed in the governmental process. 2) He expressed his condolences to the Mayhall family. He commented on the first time he had met Dolores Mayhall. Agenda 1[em No. Page_of Page Forty-two - City Council Minutes - August 23, 2005 ADJOURNMENT The Regular City Council Meeting was adjourned at 9:27 p.m. in honor of Dolores Mayhall of Mayhall Print Shop. „~. ~ ROBERT E. MAGEE, AYOR CITY OF LAKE ELSINORE A' FREbERIC~Y, DEPUTY CITY CLERK CITY OF L ELSINORE Agenda I[em No. Page_of MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 13, 2005 kkkkki: k~caFatkickaFkirkicnFirataFat~taFkk~tkat*x' dx'xx' kkx' dekx' a'ckkkk*>e*k>'ckkk>c>c*xkk~c CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Police Lieutenant Bates, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:06 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Apenda Itcin No. Page_of Page Two - City Council Minutes - September 13, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mr. Steve Wallace. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Police Lieutenant Bates, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Subdivision (b) of Gov't Code § 54956.9: (1 potential case).(F40.1) b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION -(Subdivision (a) of Gov't Code § 54956.9) Kilroy et al v. City of Lake Elsinore (Riverside Co. Superior Court Case No. RIC 434832). Agenda I[em No. Page_of Page Three - City Council Minutes - September 13, 2005 CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8)(F40.1) Property: A.PN. 363-020-011 Negotiating parties: South Shore Properties, LLC and City of Lake Elsinore Under negotiation: price and terms of payment d. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8)(F40.1) Property: A.P.N. 377-040-023, 024 and 025 Negotiating parties: City of Lake Elsinore and Mjp 76 Inc Under negotiation: price and terms of payment City Attomey Leibold announced the Closed Session discussion items as listed above. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session regarding four items as listed on the agenda. City Attorney Leibold reported that there was no reportable action on Items a, b, c and d. PRESENTATION/CEREMONIALS A. Certificate of Appreciation. Mayor Magee called Ericka Matthies forward for the presentation. Mayor Magee commented that Ericka Matthies was a Planning Commissioner for eight years. Mayor Magee presented the certificate. Mrs. Matthies thanked the City Council for the certificate. She encouraged other residents to take an active role in the community. Agenda I[em No. Page_of Page Four - City Council Minutes - September 13, 2005 B. Proclamation. Mayor Magee called Jeffrey Western forward for the presentation. Mayor Magee read and presented the proclamation. Mr. Western thanked the City Council and noted that he has lived in the community for fourteen years; and thanked everyone that contributed to his project. C. Business of the Quarter. Mayor Magee called forward the John Morrow from Morrow Plumbing. He noted Morrow Plumbing had been in the community and the same location for almost 30 years. He commented that Morrow Plumbing had always been here to serve the citizens of Lake Elsinore. Mayor Magee presented the plaque for Business of the Quarter. Mr. Morrow thanked the City Council for the plaque. He recognized and thanked his staff for all of their hardwork. He commented that he had the best customers. D. Chamber of Commerce Update. Chamber President Cousins commended the City on the Mayor's State of the City address. He noted the positive feedback from the community. He congratulated Submarina on being the Chamber Business of the Month. He announced the upcoming Chamber events. He noted the success of the Hurricane Katrina drive hosted by Mr. Jack Martin, owner of Ink Sanity. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Community Services Director Sapp commented on the Storm play off games coming up. He encouraged the community to attend the games and support the Lake Elsinore Storm. Steve Wallace, Lake Elsinore Rotary, proposed a name change to the park on Main Street to be renamed Mayhall Park in honor of Dolores Mayhall. He noted that she was an honored member of the Lake Elsinore Rotary Club. He noted her love for Agenda I[em No. Page_of Page Five - City Council Minutes - September 13, 2005 helping children. Ken Benson, Castle & Cooke, proposed naming the sports park within Alberhill Ranch in honor of Dolores Mayhall. JJ Swanson-O'Neil, Lake Elsinore Historical Society, thanked everyone for attending the opening of their research library. She thanked Council and staff for their support to complete the museum. She ga~e a special thanks to Community Services Director Sapp who had made himself available. Ruth Atkins, Lake Elsinore Historical Society, thanked the City for their help. She also commended Community Services Director Sapp for all his assistance. Douglas Wetter, Inland Pacific California, announced the reopening of the Cinema 8 Theater. Dannell Ochey, Diamond Cinemas, commented that the theater was in the process of being remodeled. He noted that they offered free tickets to schools. He noted that they planned to open the first week in November. Paula Graver, Lake Elsinore, commented on a dog attack in a gated community. She noted that it was the second attack by this particular animal. She requested the City Council to pass an ordinance regarding aggressive animals. She noted that there was no ordinance. She also commented that she was taking donations to prepare holiday baskets for the troops. Ken Niemi, E-Team Inc, commented on County Tract Map No. 22626. He noted the property was adjacent to Highway 74 and Grand Avenue. He questioned if the City was doing anything to relieve the possible traffic issues the project would create. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Agenda Item No. Page_of Page Six - City Council Minutes - September 13, 2005 Item No. 7. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - August 9, 2005. b. Regular City Council Meeting - August 9, 2005. a City Council Study Session - August 17, 2005. d. Joint City Council/Redevelopment Agency Study Session - August 23, 2005. e. Regular City Council Meeting - August 23, 2005. 2. Ratified Warrant List for August 31, 2005.(F:123) 3. Received and filed Investment Report for July Z005.(F12.5) 4. Rejected the claims and directed the City Clerk to send letter informing the claimants of this decision.(52.2) 5. Approved disposal of surplus electronic equipment to be scrapped as e- waste.(F:49.1) 6. Rejected all bids. Directed Community Development Department to revise the scope of work to fit within the available budget constraints and readvertise the project.(F156.2) 8. Authorized Albert A. Webb and Associates to prepare the CEQA compliance documents in the amount of $36,000.(F160.1) Agenda Item No. Page_of Page Seven - City Council Minutes - September 13, 2005 9. Awarded the fabrication of four draft tubes to GSE Lining Technology in the amount of $15,590.(F164.1) ITEM PULLED FROM THE CONSENT CALENDAR 7. Approval of Final Map 31920-1 - John Laing Homes, INC.(F160.2) Councilman Buckley indicated that he pulled the item to keep his vote consistent regarding the John Laing Homes project in the back basin. MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE FINAL MAP NO. 31920-1 AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DESCENDING VOTE. PUBLIC HEARINGS 21. Public Hearinp on the ~roposed street vacation of Flint Street.(F:10.1) City Manager Brady gave an overview of the item. He noted the staff recommendation. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO TABLE THE ITEM. 22. Tentative Tract Map No. 31957.(F160.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He noted the tract was located west of Lake Street and east of Lincoln Street. He also noted the Planning Commission was recommending approval by the City Council. He indicated that staff was recommending two new conditions of approval and the applicant had agreed to the conditions. Agenda I[em No. Page_oF Page Eight - City Council Minutes - September 13, 2005 Condition of Approval #64 - Prior to the addition of a grading permit a determination of biologically equivalent, a superior preservation shall have been submitted and processed through the United States Fish & Wildlife Service or the California Fish & Game, as the trustee agency for the required 60-day review period as confirmed in the Multiple Species Habitat Conservation Plan (MSHCP). Condition of Approval #65 - Prior to the issuance of a grading permit the applicant should provide the City with evidence that the property identified as proposed "common ownership property conservation area" has been dedicated to the conservation in perpetuity by easement or by title transfer pursuant to the requirement of the Multiple Species Habitat Conservation Plan (MSHCP). Brian Oakes, Lake Elsinore, commented that he resided on the property directly behind the proposed development. He indicated that there was one previous meeting regarding the tract. He noted that he was concerned with the loss of the scenic view from his home. He noted that the view was discussed at the meeting. Mayor Magee requested that Mr. Preisendanz address the issue. Mr. Preisendanz noted what was being proposed to Council was a subdivision of land; and the Design Review would be brought before Council at a later date. He expressed confidence that staff, the developer and property owners would be able to come to an agreement regarding the view issue. Councilwoman Kelley commented that Rice Canyon Elementary School was impacted by the development, along with the other local elementary schools. She noted that there was a school site in the Alberhill Ranch area and there would eventually be school there. She also addressed concerns with dust issues near the school. Jason Keller, applicant, commented that Portland Development would be sensitive to the grading and dust issues and they were willing to work with the schools. He noted that they would utilize additional measures regarding dust control. Agenda It~m No. Page_of Page Nine - City Council Minutes - September 13, 2005 Brian Oakes questioned if there was a way to restrict access to that area. He commented on the dirt bikes and quads in that area. Mayor Magee clarified with City Manager Brady if the Police Department Rove Unit could be deployed. City Manager Brady indicated that he would discuss the issue with Police Chief Fetherolf. Councilman Buckley questioned if it was possible to not have grading during recess. Councilwoman Kelley commented that would be difficult. Councilman Buckley suggested allowing grading on Saturday to avoid conflict with the school. Councilman Buckley questioned if this development would pay the development impact fee. City Manager Brady confirmed. Mayor Pro Tem Schiffner commented that the conditions of approval imposed restrictions on the grading and dust control. He noted the Council would be very sensitive to this issue. Mayor Magee suggested prior to the design review, that the developer prepared a line of sight exhibits for the property owners on Avocado Street. He requested clarification that the project was conditioned to construct the extension of Lincoln, the entire length of the project and an ability to connect to the next property owner. City Manager Brady clarified. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-131, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTISPECIES HABITAT CONSERVATION PLAN (MSCHP) FOR THE PROJECT IDENTIFIED AS TENTATNE TRACT MAP NO. 31957. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-132, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-06 FOR THE PROJECT IDENTIFIED AS TENTATIVE TRACT MAP NO. 31957 Agenda Item No. Page_of Page Ten - City Council Minutes - September 13, 2005 MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-133, APPROVING TENTATIVE TRACT MAP NO. 31957, WITH THE ADDITION OF THE CONDITION NOS. 64 AND 65. 23. Public Hearing - Resolution determining the validitp of prior proceeding relatin~; to the annexation of pro e~rt~into City of Lake Elsinore Community Facilities District No. 2003-1.(F:20.2) Mayor Magee introduced the item and opened the public hearing at 7:48 p.m. and deferred to City Manager Brady. City Manager Brady ga~e an overview and explained the procedure for the item. He requested that the City Attorney announce the notice. City Attorney Leibold announced the notice. Administrative Services Director Pressey gave an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Mayor Magee invited any written comments to be entered into the record. Mayor Magee closed the public hearing at 7:50 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-134, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES). MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-135, CALLING A SPECIAL ELECTION. Agenda Item No. Page_of Page Eleven - City Council Minutes - September 13, 2005 Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special taac. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY BUCKELY, SECONDED BY HICKMAN AND CARRIED BY A UANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-136, ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE NO. 1162. ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 13 (VILLAGES AT WASSON CANYOI~ ANNEXED TO SAID DISTRICT. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE Agenda Item No. Page_of Page Twelve - City Council Minutes - September 13, 2005 24. Public Hearing - Formation of CFD 2005-2 (Alberhill Ranch)• Joint Community Facilities Agreement: call a Special Election• canvas election results; authorizing lew of Special Taxes.(F:20.2) Mayor Magee introduced the item and opened the public hearing at 7:52 p.m. and deferred to City Manager Brady. City Manager Brady ga~e an overview and explained the procedure for the item. He requested the City Clerk to announce the notice. Deputy City Clerk Ray announced the notice. Administrative Services Director Pressey ga~e an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Councilman Hickman noted the item was continued from the previous Council meeting. MOVED BY HICKMAN, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2005-137, APPROVING THE JOINT COMMUNITY FACILITIES AGREEMENT AND TWO FEE DEPOSIT AND REIMBURSEMENT AGREEMENTS. Mayor Pro Tem Schiffner noted that there was a typographical error in the staff report in reference to the bond issue. Administrative Services Director Pressey clarified it should be $90,000,000. Councilman Buckley commented on the Development Impact Fee. He noted that there would be a CFD study session on September 22nd. Mayor Magee invited any comments be entered into the record. Mayor Magee closed the public hearing at 7:59 p.m. Agenda Item No. Page_of Page Thirteen - City Council Minutes - September 13, 2005 FOREGOING MOTION CARRIED WITH UNANIMOUS VOTE. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-138, APPROVING THE FORMATION OF THE DISTRICT. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-139, TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special tax, incurring bonded indebtedness in the amount not to exceed $28,000,000, $36,000,000 and $26,000,000 for Improvement Area A, Improvement Area B and Improvement Area C respectively establishing an appropriation limit equal to the maximum amount of bond indebtedness. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-140, ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY BUCKLEY, SECONDED BY ffiCKMAN AND CARRIED BY UNANIMOUS VOTE TO INTRODUCE AND ADOPT UPON FIRST READING, BY TITLE ONLY, OF ORDINANCE N0.1163. ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE Agenda Item No. Page_of Page Fourteen - City Council Minutes - September 13, 2005 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 25. Public Hearin~; - Formation of CFD 2005-6 (City Center Townhomes).(F:20.2) Mayor Magee introduced the item and opened the public hearing at 8:01 p.m. and deferred to City Manager Brady. City Manager Brady gave an overview and explained the procedure for the item. He requested the Clerk to announce the notice. Deputy City Clerk Ray announced the notice. Administrative Services Director Pressey gave an in-depth overview of the item. Mayor Magee invited the public to speak on the item. Mayor Magee closed the public hearing at 7:43 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-141, APPROVING THE FORMATION OF THE DISTRICT. Mayor Pro Tem Schiffner inquired about the location of the project. Mayor Magee commented that it was the project above the Vons shopping center on Grape Street. Mayor Magee invited any written comments to be entered into the record. Mayor Magee closed the public hearing at 8:05 p.m. Agenda Item No. Page_of Page Fifteen - City Council Minutes - September 13, 2005 FOREGOING MOTION CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-142, TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed the City Clerk to tabulate the ballots and announced that 2/3rds of the votes cast were in favor of levying a special tax. Deputy City Clerk Ray tabulated the ballots and announced that 2/3rds of the property owners were in favor. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-143, ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMAN BUCKLEY ABSENT TO INTRODUCE AND ADOPT UPON FIRST READING, BY TTTLE ONLY, OF ORDINANCE NO. 1164. ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NONE BUCKLEY Agenda Item No. Page_of Page Sixteen - City Council Minutes - September 13, 2005 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1154 - Ap_provin~ Zone Chan~e No 2005- 03. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1154. ORDINANCE NO. 1154 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-03 CHANGING THE ZO1vING DESIGNATION (FOR THE PARCEL SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER 373-071-018) FROM C-2 (GENERAL COMMERCIAL DISTRICT) TO R-3 (HIGH DENSITY RESIDENTIAL DISTRICT) AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 32. Second Readin~ - Ordinance No. 1155 - Approving Zone Chanpe No 2005- 06. Mayor Magee introduced the item. Agenda Item No. Page_of Page Seventeen - City Council Minutes - September 13, 2005 MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1155. ORDINANCE NO. 1155 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-06 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS PARCEL NO(S) 2, 3 AND 4 ON EXHIBTT "A" OF LOT LINE ADJUSTMENT NO. 2004-08 TO R-3 HIGH DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 33. Second Reading; - Ordinance No. 1158 - Autharizin~ the levy of a special tax within Annexation Area No. 14. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1158. Agenda I[em No. Page_of Page Eighteen - City Council Minutes - September 13, 2005 ORDINANCE NO. 1158 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATNE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.14 (LAKEVIEW VILLAS) ANNEXED TO SAID DISTRICT. AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Readin~ - Ordinance No. 1159 - Authorizin the lew of a services special tax and a special tax. Mayor Magee introduced the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1159. ORDINANCE NO. 1159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Agenda Item No. Page_of Page Nineteen - City Council Minutes - September 13, 2005 AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE 35. Second Readine - Ordinance No. 1160 - Amendment to LEMC Chapter 5 78 re arding Significant Palm Trees. Mayor Magee introduced the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1160. ORDINANCE NO. 1160 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING THE DEFINITIONS PORTION OF CHAPTER 5.78 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING SIGNIFICANT PALM TREES. AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE NONE NONE Agenda ltem No. Page_of Page Twenty - City Council Minutes - September 13, 2005 36. Washineton D.C. Lobbyin~ Services Selection Process.(F:96.6) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Information/Communication Manager Dennis. Mr. Dennis commented that he was available for questions. Councilman Buckley commented that out of the proposals received, the Ferguson Group had the most experience and the most local experience, knowledge and local connections with our congressional delegation. MOVED BY BUCKLEY, SECONDED BY KELLEY TO RETAIN THE SERVICES OF THE FERGUSON GROUP AND SET A LOBBYING CRITERIA DISCUSSION FOR OCTOBER 11TH WITH REPRESENTATIVES OF THE FERGUSON GROUP. Mayor Magee commented that the Ferguson Group had an impressive record and was locally recognized. He indicated that they also had the lowest price. He noted the e-civist program that would be made available to nonprofit organizations. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 37. Draft response to Grand Jury Report.(F:40.1) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He noted that the Grand Jury had issued a report; and there were 13 findings and 14 recommendations that were made. He noted that a response needed to be done in a 90-day period. He noted that staff had put together a response to be considered by the Council to be issued to the Grand Jury. He read into the record the modifications to the response that were discussed earlier. He deferred to page three, fourth paragraph, adding "the oversight of elected officials." ending the Agenda I[em No. Page_of Page Twenty-one - City Council Minutes - September 13, 2005 paragraph. He deferred to page nine, fourth paragraph, placing the word "demands" in front of the word "varied". He deferred to page eleven, No. 7, response, the first sentence eliminated. He noted a transmittal letter would be generated for the full Council signature. Edith Stafford, Lake Elsinore, commented that she had reviewed some of the report and she had noticed a lot of misstatements and inaccuracies. She noted that she would be making her own notes and submitting them. She also commented on dust control regarding the project across from the Stater Bros. shopping center on Lakeshore Drive. She noted that it was a nice project. City Treasurer Weber commented on the Grand Jury report. He commented on the attarney fees. He also commented on the audit of the charges submitted by the City Attorney. He indicated that the audit was glossing over and should be audited by another law firm. Councilman Buckley commented that in the findings the Grand Jury was commenting on things the City had already done or was in the process of doing since they started the investigation. He noted that he had gone through the City Attorney hours. He indicated that he would consider the idea of the audit, but he would be uncomfortable, being that the Council would need to waive its legal privacy privilege, which would expose the City's legal strategy. He noted that the billing had decreased significantly and the City Attorney's work had been pretty good. He also commented on the split of the City Clerk and Human Resources functions. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO APPROVE THE REPORT WITH MODIFICATIONS AND SIGNATURE OF THE FULL COUNCIL. Mayor Magee indicated that he was proud that the full Council had worked hard on the report and commended staff for putting the report together. He noted that the signing of the full Council would reflect their ability to work together and their respect for the Grand Jury. FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Agendalrem No. Page_oF Page Twenty-two - City Council Minutes - September 13, 2005 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:44 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Frank Hoffman, commented on concerns for County Tract Map No. 22626. He noted that it was a 1987 tract map. He noted that it had expired in 1992. He noted that the map had mysteriously gone through the Riverside County process. He indicated that there had not been an environmental impact statement in this decade or the last decade on this particular tract map; and the City of Lake Elsinore had never received notice of the map. He noted that LEUSD had not received notice of the map. He indicated the Police and Fire had not received notice of the tract map. He noted that it looked as though construction was in the process of starting. He noted that no one had been given notice. He indicated that the map was going to impact traffic and property values; and urged the City to investigate the issue. Mayor Magee stated the responsibility of the notices was the responsibility of the County; and Supervisor Buster was the representative. He questioned if Mr. Hoffman had discussed this with Supervisor Buster. Mr. Hoffinan confirmed. Edith Stafford, Lake Elsinore, commented on the Grand Jury report. She expressed that she disagreed with the full Council. She indicated that the report was full of lies. She noted that she would send her report mapped to the City's report. She indicated that she was suspicious. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Sep 15th - Lake Elsinore Storm - League Championship Sep 17th - Canyon Lake Wakeboard Club Competition Agenda Item No. Page_of Page Twenty-three - City Council Minutes - September 13, 2005 CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS Public Safety Advisory Commission Chairman Hewison gave Commission update. He noted the PSAC will be conducting working study sessions. He noted they were focusing on the shoreline safety plan. He commented that they would be reviewing their goals and objectives. CTTY TREASURER COMMENTS City Treasurer Weber commented that he had reviewed the Summerhill audit with Mr. Pressey and Councilman Hickman. He noted Mr. Pressey would be sending a letter regarding the RFP to auditors. He commented on lawsuit threats by staff since he has been the City Treasurer. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She congratulated the Elsinore Valley Arts Network for the concert series. 2) She congratulated the Lake Elsinore Historical Society on the museum opening. 3) She complimented Mayor Magee on the State of the City address. Mayor Pro Tem Schiffner commented on the following: 1) He complimented the Lake Elsinore Historical Society on the museum opening. 2) He complimented Mayor Magee on the State of the City address. Agenda I[em No. Page_of Page Twenty-four - City Council Minutes - September 13, 2005 Councilman Hiclcman commented on the following: 1) He commended Police Chief Fetherolf and Tom Thomas on the Cops For Kids. He noted that it was an excellent program. 2) He commented on the upcoming high school football game between the two local high schools. 3) He commented on the property tax rebate for seniors. 4) He complimented Mayor Magee on the State of the City address. Councilman Buckley commented on the following: 1) He commented on the County Tract Map No. 22626. He suggested staff take a look at the map. 2) He suggested discussing the renaming of City Park to Mayhall Park at the next Council meeting. 3) He noted that the Chamber of Commerce was still collecting money for Hurricane Katrina victims. 4) He noted that the City Treasurer had been doing a good job. 5) He suggested posting the Grand Jury Report on the City Web-site. Mayor Magee commented on the following: 1) He encouraged everyone to go to the games and support the Lake Elsinore Storm. He noted they were the Southern Division Champions. 2) He indicated that it would be appropriate to rename City Park to Mayhall Park and requested staff put it on the next agenda. He also suggested a Mayhall baseball park in the Alberhill Ranch community. 3) He also suggested a letter from the City to Supervisor Buster regarding Tract Map No. 22626. 4) He requested the City Manager step up the Building Inspectar patrols to ensure there were water trucks at the Corman Leigh development across from Stater Bros. on Lakeshore Drive. Agenda Item No. Page_of Page Twenty-five - City Council Minutes - September 13, 2005 5) He commented that he trusted the City Attorney and when he needed another opinion he contacted other attorneys and sometimes incurred the cost himself. He noted that was the way he checked things. He noted that he saw no need to hire another attorney to watch over the City Attorney. ADJOURNMENT The Regular City Council Meeting was adjourned at 9:27 p.m. in Dolores Mayhall of Mayhall Print Shop. C ~ R ERT E. CITY OF LA ATTEST: FREDEI~IC~RAY, DEPUTY CITY CLERK CITY OF LA E ELSINORE Agenda Item No. Page_of honor of MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, SEPTEMBER 21, 2005 x:~~r*:~~:~*:~*~~*:~x~r:~*:~n~~:~:~*:~~*~~~*:~~~~:~:~*:~~:~~*~:~x~~r~:~~r~*xx~r~*:~:~ CALL TO ORDER The Special City Council Meeting was called to order by Mayar Magee at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold and Oftice Specialist I Soto. CLOSED SESSION A. PUBLIC EMPLOYEE APPOINTMENT (Government Code § 54957) Title: City Clerk Mayor Magee announced the Closed Session discussion item as listed above. THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 4:04 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 8:44 P.M. Agenda Item No. Page Of Page Two - Special City Council Minutes - September 21, 2005 CLOSED SESSION REPORT City Attorney Leibold announced that the Public employee appointment, as listed above, was discussed in Closed Session and continued to September 27, 2005 with no reportable action. ADJOUNRMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 8:45 P.M. _ / RO RT E. MA('1 CITY OF LAKE ATTEST• ~,_~,~~~0~.~ ~~~ MICHELLE SOTO, OFFICE SPECIALIST I YOR Agenda Item No. Page Of MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, SEPTEMBER 22, 2005 ~~*x*:~*:~~r**:~~:~~x~*~:~*:~:~~r:~*:~:~x*~**~*:~~~*:~*~:~:~x**~~r*:~~e:~~~*~~*~:~x CALL TO ORDER Mayor Magee called the Study Session to order at 4:04 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY, SCHIFFNER (Councilman Buckley arrived at 4:05 p.m., Mayor Pro Tem Schiffner arrived at 4:26 p.m.) Also present were: City Manager Brady, City Attorney Mann, Administrative Services Director Pressey, Information/Communications Manager Dennis, Community Services Director Sapp, Planning Manager Preisendanz, Public Works Manager Payne, City Treasurer Weber and Office Specialist I Soto. DISCUSSION ITEMS a. CFD Policy Mayor Magee deferred to City Manager Brady who ga~e an overview and deferred to Administrative Services Director Pressey. Mr. Pressey gave an in-depth overview of the presentation and the policies that are followed when considering a Community Facilities District. Agenda Item No. Page Of PAGE TWO STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Joe Janczyk, Empire Economics, stated that his firm performed the Market Absorption Study underlying the CFD financing. He gave further detail of the study and proceeded to give an overview of his firm's background as well as his own. He noted the findings of the study and gave his firm's conclusion. Jim Harris, Harris Realty Appraisal, noted that his firm was the appraiser on recent CFD issuances. He noted the process for real estate development. Berri Cannon, Harris Realty Appraisal, ga~e an overview of a proposed master planned community and provided brief descriptions of Raw Un-entitled Land, Raw land with Vesting Tentative Tract Map and Raw land with Recorded Final Tract Map. She further noted the development steps taken by merchant builders and the costs affiliated with each step. Dennis Anderson, Harris & Associates, gave a brief history on the past CFDs in the City. He stated that the current policy for the tax structure was 2% of the total value of the home at the time the district was formed. He noted that the 2% would include the total property tax value from the County and other tax and assessments from EVMWD, Lake Elsinore Unified School District, the County of Riverside and other entities. He further noted that the policy allowed for a 2% annual escalator that was allowed for the Mello-Roos code. He noted that for residential properties the tax rate could not increase more than 2% per year. He further stated the range of special taxes currently in districts. Mr. Pressey noted that one of the proposed changes in the policy was to consider changing the 2% escalator to 0%, which would be driven by the bond debt structure. He further noted the impact that it would have on the homeowner. Anthony Wetherbee, Southwest Securities - City's underwriter, noted that the rationale for the proposed change was due to the state of the economy. Rod Gunn, Rod Gunn Associates, stated that under the State's Mello-Roos statutes the City Council adopts a level of special tax. Agenda Item No. Page Of PAGE THREE STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Mr. Anderson gave an overview of DAG fees and what they would be used to finance. He stated that improvements to public facilities would be covered under the Mello-Roos code which would allow for financing of the construction of any public or capital facilities. He noted the advantages of financing impact fees. He further noted the City's current fees. Mr. Pressey commented that at a previous study session the issue of whether or not to finance DAG fees was addressed. He noted the advantages and disadvantages of DAG fees. Mr. Gunn gave an overview of the credit quality of financing noting absorption, credit quality of developer and feasibility of project. Mr. Wetherbee stated that when he was looking at a Mello-Roos project or land secured financing he would use the acronym FAST. He noted that it stood for feasibility, appraisal, structure and time of financing. He then gave a brief description of each item. Margie Armstrong, EVMWD, stated that the district, to date, has done 8 CFDs. She noted that their structure was very similar; however, a little mare restrictive. She stated that their financing policy specified that they have a level debt service. She noted that they do allow for the 2% escalator on a case-by-case basis, and must have special approval. She noted that their value-to-lien ratio was 4-l, and for that reason developers tend to go to the City or school district. Councilwoman Kelley inquired on the school district fees per home. Mr. Pressey noted that he did not have that information available, but would look into the matter. Mr. Anderson indicated that the fees were charged per square foot. Mrs. Kelley inquired if the school district had been approached to work with the City in regard to the matter. Agenda Item No. Page Of PAGE FOUR STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Mr. Pressey noted that he had made contact with the school district. Councilman Hickman requested clarification on the definition of level debt service. Mr. Anderson noted that the Mello Roos code allowed an additional 10% coverage to cover delinquencies. Councilman Hickman stated that the Bond Council did an outstanding job. He further inquired about the total amount of outstanding bonds. Mr. Pressey indicated that he believed there was $50 -$60 million worth of outstanding CFD bonds. Councilman Hickman inquired if people would be able to pay off their Mello Roos if level debt servicing was decided upon. Mr. Anderson indicated that the prepayment clause would need to be looked at; however, it would be as simple enough as multiplying out the payoff cost. City Treasurer Weber indicated he felt the best interests of the City were being met. He stated that it was the City's responsibility to manage the funds correctly. He noted that he thought the 0% escalator was a good thing. He further inquired how the City handled and met the demands of delinquencies. Mr. Anderson stated that the tax would need to be increased in the subsequent year to cover what was paid for delinquencies in the prior year. He noted that the rate and method of taxation did have a maximum tax. He further noted that the tax was only able to increase by 2% annually. Mr. Weber inquired on the City's process to foreclose on a home that has not paid their property taxes. Mr. Anderson gave an overview of the process of how to check on payments for property tax and the steps that would be taken if the payment on the property tax had not been made. Agenda Item No. Page Of PAGE FIVE STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Mr. Pressey noted that it had been a number of years since the City had to foreclose on a property. He further noted that they have not yet had to bill for delinquencies. Mr. Weber stated he thought the Council should be informed on the delinquencies. He further inquired how fees were organized to ensure they were spent on the appropriate item and not unrelated issues. Mr. Pressey indicated that there were government laws that addressed impact fees. He noted that there were separate funds for each of the impact fees; he further noted that they were incorporated into the CIP budget. Mr. Weber suggested that he would like to track the money amounts for the fees collected for the year. Mr. Pressey indicated that once bonds were issued and the City received the fees, they would then be placed in the appropriate account for a specific designated use. He noted that the fees collected were not always tied to the development, but to a specific designated use. Mr. Pressey indicated that all funds of the City were reported in financial statements on a yearly basis. Mr. Weber stated that he would like to see updates on the activity of the construction fund. Mr. Pressey noted that Harris & Associates issued an annual CFD report, as well as NBS Government Services which included an update of the balances. Weber suggested that the construction fund be audited by an independent auditor. Councilman Hickman inquired if the builders sent Harris & Associates the invoice to allocate the money. Agenda Item No. Page Of PAGE SIX STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Mr. Anderson stated that theyxequire the developer to send them the invoice and proof of payment, all executed contracts and proof that they did receive 3 competitive bids which showed they awarded to the lowest responsible bidder. Mr. Hunt stated that all construction funds for all of the CFDs were held by a trustee. Councilman Buckley inquired if it was cheaper for a homeowner to ha~e a CFD or to pay the money up front as part of the mortgage. Mr. Janczyk stated that the rates on a tax-exempt bond were at a 5% range and rates on mortgages would depend upon whether someone was looking at fixed-rate mortgage or adjustable-rate mortgage. He noted that mortgage rates were similar to rates on the tax exempt bonds presently, and would appear that they were very close in regard to the homeowner's total out of pocket expense. Councilman Buckley inquired about the informal notification process to Council on their willingness to approve a CFD Bond. Mr. Gunn stated that the Bond Council did not have their first meeting on a CFD until Council approved the Tentative Map. He also stated that whether or not a CFD would be affiliated with a Tentative Map could be apart of the developer's Tentative Map application. Mr. Buckley inquired on the prospect of having a 1.8% cap in place of not having an escalator. Mr. Gunn noted that the numbers might come out differently; but if that was the direction the City wanted to go in, the numbers should be fairly comparable. Mr. Anderson noted that if an escalator was added in, the nutnbers would increase over time and the level debt would be lower over the fu1130 years in terms of total taxes paid. Agenda Item No. Page Of PAGE SEVEN STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Mr. Gunn noted that it would be easier for a developer to sell a home advertising a 1.8% cap in the market place. Mr. Wetherbee stated that the CFD debt was not the debt of the City in terms of someone analyzing the City's financial statements. He noted that the City had the responsibility of the administration of the debt. Mr. Buckley inquired if various independent audits were taken out of CFD funds. Mr. Anderson noted that fees for audits were taken out of the CFD funds. Mr. Buckley inquired if the CFD reserve was used to cover delinquencies. Mr. Anderson noted that the reserve must be replenished and kept at a certain leveL He noted the steps taken to replenish the reserve in order to keep it at a certain level. Mr. Wetherbee noted that the size of the reserve fund was limited by federal tax laws. He noted the maximum size of reserve funds established by the federal tax law. Mr. Wetherbee noted that in a more normalized economy the City could invest the reserve funds at a 4% or 5% rate of return so the reserve fund earnings could cover the delinquencies. Mr. Buckley noted that an annual delinquency report to Council was a good idea. Mr. Buckley inquired if the City had ever completed payments on any of their CFDs. Mr. Pressey indicated that the earliest a CFD would be paid off would be in the year 2020. Mr. Buckley inquired if there was a time limit to spend funds for CFDs. Agenda Item No. Page Of PAGE EIGHT STUDY SESSION MINUTES - SEPTEMBER 22, 2005 Mr. Hunt commented that the federal tax law indicated that all the proceeds would be spent within 36 months. Mayor Pro Tem Schiffner inquired if there was an advantage to Mello Ross and if a home was found more valuable if it had Mello Roos. Mr. Janczyk stated that he recently dealt with a similar scenario, a home with a special tax and one without, he stated that there was a price differential. Mrs. Cannon indicated that when they value a home, they consider many factors along with taxes. She believed that in the scenario Mr. Schiffner was referring to, the homes would not appraise for the same value. Mr. Harris noted that his firm did not appraise individual houses. Mr. Schiffner indicated that with his personal experience the appraisers indicated that Mello Roos did not make a difference with the property value. Mrs. Cannon noted that there were all different kinds of appraisers and that the value of the home may vary with various appraisers. Mr. Weber noted that it would be helpful to have an overview of the items discussed among the finance team to help inform the Council and himself with what was going on and what was going forward in regard to developments. Mr. Gunn stated that he maintained a master calendar that he provided to Mr. Pressey that could be formalized and distributed. Mr. Buckley suggested that the City create a pamphlet explaining a CFD to provide to homeowners. Mr. Hunt stated that law required the developer to be responsible to provide specific disclosure to every homeowner in a Mello Roos district and advised the City to consider liability issues before taking on the responsibility. Agenda Item No. Page Of PAGE NINE STUDY SESSION MINTJTES - SEPTEMBER 22, 2005 Mayor Magee noted how staff was looking for direction on policy changes and inquired about asking staff to send out letters to the school district, water district and the BIA encouraging their comments on the changes that Council was considering on the existing CFD policy. Mr. Magee gave an overview of the items that had been addressed up to that point. Mr. Magee inquired when they would like to see the policy back. Mrs. Kelley stated that she would like to see staff write letters to the districts and get a response before meeting again. Mr. Magee directed staff to send a letter that noted that Council was considering changes to the CFD policy. Mr. Buckley inquired if there would be an MOU between the 3 agencies, or 3 independent Ordinances that stood alone on the changes to the CFD policy. Mr. Pressey stated that he and the Bond Council had discussed having the agencies add it into their policy. Mr. Magee questioned City Manager Brady if staff had adequate direction on the item. Mr. Brady indicated that he felt staff had adequate direction. ADJOURNMENT THE CITY COiTNCIL STUDY SESSION WAS ADJOURNED AT 6:35 P.M. ~~ ROBERT E. MAG E, MAYOR CTTY OF LAKE ELSINORE Agenda Item No. Page Of PAGE TEN STUDY SESSION MINUTES - SEPTEMBER 22, 2005 ,\ / ~ ~ ~_ . __ ~'~ DARYL HICKMAN, CHAII2MAN REDEVELOPMENT AGENCY Res ctfully submitted `---~/~ ~~ U~7'v MICHELLE SOTO, OFFICE SPECIALIST I ATTEST: F ~C Y, DEPUTY CITY CLERK Agenda Item No. Page Of MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 27, 2005 kkkaFkaY9:xk*kx*keFa'ex*kx~taFieeF9:xvkkx~tkireF9e~Ykx*xatir9e~Yk*k~taFaFeF9e*iax*~tkira4*9: CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquati~ Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Recreation/Tourism Manager Fazzio, Public Works Manager Payne, Senior Engineer Basubas, Police Chief Fetherolf, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:01 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Agenda I[em No. Page_ of _ Page Two - City Council Minutes - September 27, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Information/Communication Manager Dennis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Recreation/Tourism Manager Fazzio, Public Works Manager Payne, Senior Engineer Basubas, Police Chief Fetherolf, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. PUBLIC EMPLOYEE APPOINTMENT (Gov't Code § 54957)(F:40.1) b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Subdivision (b) of Gov't Code § 54956.9: (1 potential case).(F:40.1) c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8)(F:40.1) Property: A.P.N.363-020-011 Negotiating parties: South Shore Properties, LLC and City of Lake Elsinore Agenda Item No._ Page_ of Page Three - City Council Minutes - September 27, 2005 Under negotiation: price and terms of payment City Attorney Leibold announced the Closed Session discussion items as listed above. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session regarding four items as listed on the agenda. City Attorney Leibold reported that on Items a, the City Council had appointed Frederick Ray as City Clerk and directed her to prepare an employment contract to be presented at the next scheduled City Council meeting. City Attorney Leibold reported that on Item b, there were two potential cases, one which was added during the afternoon study session pursuant to Brown Act authority and there was no reportable action. City Attorney Leibold reported that there was no reportable action on Item c. PRESENTATION/CEREMONIALS A. Proclamation - Constitution Day.(F:122.1) Mayor Magee called Police Chief Fetherolf forward for the presentation. Mayor Magee commented that the defenders of the Constitution during peace time were Sheriffs and Police Officers. Mayor Magee read and presented the proclamation. Police Chief Fetherolf thanked the City Council for the proclamation. He commented that 38 years ago he took an oath to support, uphold and defend the Constitution of the United States against all enemies domestic and foreign. He further commented that it was an honor to accept the proclamation on behalf of all men and women that wore a uniform as well as government. B. Proclamation - Jack Martin, Ink Sanity.(F:122.1) Mayor Magee called Jack Martin forward for the presentation. Jack Martin recognized others involved with the success of the donations. Mayor Magee noted the efforts and the challenges this group endured to accomplish what they had started. Mayor Magee read and presented the proclamation. Mr. Agenda Item No._ Page_ of_ Page Four - City Council Minutes - September 27, 2005 Martin thanked the City Council and everyone involved. C. Presentation to Historical Society Representative. Mayor Magee indicated the item would be continued to the October 11`n Council Meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Terry Thielen, Lake Elsinore property owner, noted that his property was located west of Chaney Street. He indicated that there were 25 homes on Lakeshore Drive, west of Chaney, without sewer. He noted that there were septic tanks that had been leaking for years into the lake. He noted that he had met with the water district and with the district engineer. He indicated that there were 1500 feet of sewer that could be connected. He suggested the City Council take action to resolve the problem. Pat Clary, Lake Elsinore Rotary, commented on the upcoming 3`d Annual Art & Wine Festival to be held on October 8~'. She thanked the Council and staff for their support; and invited any citizen that wished to attend the event. Sherry Martinez, Librarian for Vick Knight/Lakeside Public Library, invited everyone to come and visit the library. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 7 & 9. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WITH HICKMAN ABSENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Agenda Item No._ Page_ of Page Five - City Council Minutes - September 27, 2005 1. Ratified Warrant List for September 15, 2005.(F:12.3) 2. Approved Final Map Nos. 30493 and 30493-4, 5, 6, 7 and 8.(F:160.2) 3. Approved Final Map No. 29996.(F:160.2) 4. Adopted Resolution No. 2005-144, prohibiting parking between 15154 and 15156 Etienne Street.(F:112.1) 5. Adopted Resolution of Intention 2005-145 to establish CFD 2004-2 (Viscaya). Adopted Resolution No. 2005-146 to incur bonded indebtedness. Scheduled the public hearing on the District Formation for November 8, 2005.(F:22.3) 6. Authorized $16,699.23 for the purchase of one full size pickup truck.(F:48.1) 8. Received and filed as an informational item.(F:64.1) 10. Authorized the City Manager to approve an agreement with HDR Engineering, Inc. to prepare the CEQA compliance documents and the Public Outreach Meeting for Annexation No. 74 in the amount of $53,854.(F:20.2) TTEM PULLED FROM THE CONSENT CALENDAR 7. Request for Alcohol ApprovaUWaiver of Fees.(F:64.1) Recreation/Tourism Manager Fazzio gave an overview of the item and noted staff recommendation. Dori Dixon, Rotary Clubs of the Valley, gave a mare in-depth overview of the event. She noted for the first time the event would be held in Lake Elsinore. She noted the event would be raising funds for the Rotary International Foundation. Agenda Item No._ Page_ of_ Page Six - City Council Minutes - September 27, 2005 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH HICKMAN ABSENT TO APPROVE THE REQUEST BY THE LAKE ELSINORE ROTARY CLUB FOR THE SALE AND CONSUMPTION OF ALCOHOL IN CITY PARK AND WAIVE THE $200 PROCESSING FEE AND $40 ELECTRICAL FEE FOR THEIR CHILI COOK-OFF BOTH EVENTS TO BE AELD ON OCTOBER 22, 2005. 9. Authorization to prepare CEQA compliance documents for Residential Design Review No. R-2005-12 and LEAP 2005-11 for Broadstone's Rivers Edge Apartment Complex (Classic Pacific).(F:138.2) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He noted Mooney, Jones & Stokes were the consultants; and were also the same company preparing the City's General Plan. He suggested that the Council direct staff to seek another consultant for this particular document preparation. Councilman Buckley commented that the idea of having the same company doing the General Plan also preparing CEQA compliance documents did not rest easy with him. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A VOTE OF 4-0 WITH HICKMAN ABSENT TO REJECT STAFFS RECOMMENDATION AND DIRECT STAFF TO BRING A SUBSTITUTE RECOMMENDATION AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING. PUBLIC HEARINGS None. Agenda I[em No. Page_ of_ Page Seven - City Council Minutes - September 27, 2005 BUSINESS ITEMS 31 Second Readin~ - Ordinance No. 1161 - A~ rp oving Specific Plan No 2004- O1. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1161. ORDINANCE NO. 1161 32. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2004-O1 CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED NORTHWEST OF RIVERSIDE AVENUE, SOUTHEAST OF MACHADO STREET, AND NORTH OF GRAND AVENUE, BETWEEN ULLA AND TILLER LANES FROM R-1 MEDIUM DENSITY RESIDENTIAL DISTRICT TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE. AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE HICKMAN NONE Second Readin~ - Ordinance No. 1162 - Authorizin t~ he levy of a special tax within Annexation Area No. 13. Mayor Magee introduced the item. Agenda I[em No. Page_ of Page Eight - City Council Minutes - September 27, 2005 MOVED BY KELLEY, SECONDED BY SCffiFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1162. ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA N0.13 (VILLAGES AT WASSON CANYOl~ ANNEXED TO SAID DISTRICT. AYES: COUNCILMEMBERS BUCKLEY,KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS: NONE HICKMAN NONE 33. Second Reading; - Ordinance No. 1163 - Autharizing the levy of a service special tax and a special tax. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1163. ORDINANCE NO. 1163 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Agenda Item No. Page_ of_ Page Nine - City Council Minutes - September 27, 2005 AYES: COUNCILMEMBERS: BUCKLEY,KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS NONE HICKMAN NONE 34. Second Readin~ - Ordinance No. 1164 - Authorizin~ the lew of a special tax. Mayor Magee introduced the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, OF ORDINANCE NO. 1159. ORDINANCE NO. 1164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX. AYES: COUNCILMEMBERS: BUCKLEY,KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: NONE HICKMAN NONE Agenda Item No._ Page_ of_ Page Ten - City Council Minutes - September 27, 2005 35. Renamin o~ f Cit,~.(F:114.2) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gaee an overview of the item. He noted that Dolores Mayhall was a long time resident and active citizen. He noted that there was specific policy. JJ Swanson, Lake Elsinore, commented that she appreciated all that Dolores Mayhall had done for the community. She strongly suggested that something needed to be named in honor of Dolores. She noted all the work Dolores had put into the City. Mrs. Swanson commented that she did not feel it should be the City Park. She explained that City Park was a community park. She continued to explain that the property was donated by a private resident in the 1880's; and the community came together to build the park. She expressed her concerns about not renaming things unless it involved the person that actually started it. She felt Castle & Cooke's offer of naming the sports park in the Alberhill Ranch development in her honor was an excellent idea. Councilwoman Kelley commented that something needed to be done to honor polores Mayhall; and Council was aware of Castle & Cooke's offer. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO CONTINUE THE ITEM FOR FURTHER CONSIDERATION. Councilman Buckley noted that Dolores was an important part of the City, specifically to the Downtown area. He commented that the City Park was not named after anything. He indicated that it was built out in 1938, after the land was donated 30 years earlier. He noted that her office was downtown. He expressed that it was important to have a sense of her continuous presence downtown; and felt it was appropriate to rename the park in her honor. Agenda Item No._ Page_ of_ Page Eleven - City Council Minutes - September 27, 2005 Mayor Magee indicated that there was nothing in writing from Castle & Cooke. He noted that Dolores was active in Little League; and she had in fact helped form the first Little League 50 years ago. He noted that he was approached by the Little League community also. He indicated that there were not going to be any baseball fields at the sports park. He noted that City Park was in between her home and her business; in which she passed every day for decades. He expressed his support for the motion on the floor, which would allow the Historical Society, Castle & Cooke and the Little League community to provide Council with additional information; and also allow the Rotarians to have input. Councilman Buckley suggested adding to the motion a date certain. Mayor Pro Tem Schiffner amended the motion and Mayor Magee amended his second. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 3-1-1 WITH HICKMAN ABSENT AND BUCKLEY CASTING THE DESCENDING VOTE TO CONTINUE THE ITEM FOR FURTHER CONSIDERATION AND BRINGING THE ITEM BEFORE COUNCIL AT THE OCTOBER 25TH REGULARLY SCHEDULED COUNCIL MEETING. 36. Street Maintenance Contracts.(F:68.1) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady ga~e an overview of the item. He noted that there were six contracts before Council. He deferred to Public Works Manager Payne. Public Works Manager Payne gave a more in-depth overview of the item. He noted the inclusion of a proposed budget for each of those services. He noted that the contracts did not guarantee a certain dollar amount to the contractors. Mayor Pro Tem Schiffner clarified that the contracts were bided on a basis of unit prices. Mr. Payne confirmed. Agenda I[em No. Page_ of Page Twelve - City Council Minutes - September 27, 2005 City Treasurer Weber inquired if there would be other contracts coming forward for street maintenance. Mr. Payne indicated there would be others brought before Council. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3-2 WITH BUCKLEY AND HICKMAN ABSENT TO AUTHORIZE THE CITY MANAGER TO RENEW FOR ONE YEAR, THE SIX STREET MAINTENANCE CONTRACTS. 37. Le~;al Services Agreement - City Attorney.(F:68.1) Mayor Magee introduced the item and deferred to City Attorney Leibold. City Attorney Leibold gave an overview of the item. She noted that they have received one amendment, increasing their hourly rate. She indicated that the contract attached to the staff report requested an increase in the retainer amount from $7,000 per month to $8,500 per month. She noted her firm specialized in the representation of cities and other public agencies, including redevelopment agencies. She noted that she had practiced in that area for the last 18 years. She deferred to page 3 of 13, paragraph 2 and noted a title change to read: Term of Agreement. The term of the agreement would be until September i, 2007. She deferred to page 4 of 13, second line, noting the deletion of the word "designated". She noted the addition of a new paragraph, #28, title "Annual Performance Review", which would take place the first quarter of each year. She deferred to Exhibit A, under Scope of Services, a grammatical correction in the second paragraph to read "this work consists of attending regularly schedule meetings". She noted that at the end of the third paragraph, the last item "requiring significant attorney time, upon direction of the City Council". Edith Stafford passed on her comments. City Treasurer Weber questioned the meaning of "upon direction of the City Council". Mayor Magee explained the change to City Treasurer Weber. Agenda I[em No._ Page_ of Page Thirteen - City Council Minutes - September 27, 2005 City Treasurer indicated that it should not be at the City Attomey discretion on low priority issues to attend those particular meeting. Mayor Magee noted it was at the City Council's direction if it required a significant number of hours. City Treasurer Weber suggested having another lawyer take of the bond issues. Councilman Buckley deferred to page 8 of 13, second paragraph, General Legal Services, and suggested adding "City Attomey bimonthly or quarterly project/negotiation/litigation action timeline and at the bimonthly or quarterly period the Council could modify the priorities". Mayor Pro Tem Schiffner commented that the projects the City Attorney spent time on were requested by the City Council. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO AUTHORIZE THE CITY MANAGER TO EXECUTE LEGAL SERVICES AGREEMENT WITH CHANGES AND MODIFICATIONS. Councilwoman Kelley commented that City business did not operate on a nice timeline. She indicated that City Attorney Leibold had always responded. She noted that the City had won every lawsuit in which the City Attorney was the representation. Mayor Magee inquired if the suggestion made by Councilman Buckley was feasible and put in the City Manager's Weekly Memo format. City Attorney Leibold suggested a format outside of the context of the weekly. She noted attorney client privilege; and some of the issues they were warking on were privilege communication. Councilman Buckley noted that it would need to be presented in closed session. Mayor Pro Tem Schiffner amended the motion and Councilwoman Kelley amended her second. Agenda Item No. Page_ of Page Fourteen - City Council Minutes - September 27, 2005 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WTTH HICKMAN ABSENT TO AUTHORIZE THE CITY MANAGER TO EXECUTE LEGAL SERVICES AGREEMENT WITH CHANGES AND MODIFICATIONS AND THE ADDITION TO THE GENERAL LEGAL SERVICES THAT THE CITY ATTORNEY PRESENT TO COUNCIL A BIMONTHLY OR QUARTERLY PROJECT/NEGOTIATION/LTTIGATION ACTION TIMELINE AND AT THE BIMONTHLY OR QUARTERLY PERIOD THE COUNCIL COULD MODIFY THE PRIORITIES. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:59 P.M. THE REGULAR CTTY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Congratulated Mr. Ray on his City Clerk appointment. 2) Announced the following upcoming events: Oct ls` - Household Hazardous Waste Collection Oct 2°d - Open Air Market Oct 8`h - Moto Music Mayhem Oct 8th - Art and Wine Festival Agenda Item No._ Page_ of Page Fifteen - City Council Minutes - September 27, 2005 ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Congratulated Mr. Ray on his City Clerk appointment. 2) She noted the City did ha~e a vicious dog ordinance. LEMC Section 6.04.25. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Congratulated Mr. Ray on his City Clerk appointment. Mayor Pro Tem Schiffner commented on the following: 1) Congratulated Mr. Ray on his City Clerk appointment 2) Congratulated City Attorney Leibold and her firm on their contract. Councilman Buckley commented on the following: 1) Congratulated Mr. Ray on his City Clerk appointment. 2) He noted that the economical report for Lake Elsinore would posted on the City web-site. Agenda Item No._ Page_ of Page Sixteen - City Council Minutes - September 27, 2005 Mayor Magee commented on the following: 1) Congratulated Mr. Ray on his City Clerk appointment. He noted that Mr. Ray was a veteran, husband, father and a homeowner in our beautiful City. He noted that his work ethics and pubic conduct were both polite and professional. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:20 p.m. / - `~ E. MAGEE,I~AYOR CTTY OF LAKE ATTEST~ ~ 1. , h ~~~ FREDERICK Y, DEPUTY CITY OF LAKE ELSINORE CITY CLERK Agenda I[em No. Page_ of MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 25, 2005 ~x~r**~**x**~x~**~*~:~~r*~*:~*:~:~*~*:~*:~~r~:~*x~xx*~:~~~:~x*~x*~**~~*~r~*:~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Mann, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Planning Manager Preisendanz, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:10 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.I Agenda Item No. Page_ of Page Two - City Council Minutes - October 25, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Jerry Harmatz. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Mann, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Planning Manager Preisendanz, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, City Treasurer Weber and City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957) City Negotiator: Special Counsel, Steve Filarsky Employee Organization: Laborers' International Union of North America Loca1777 b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (3 potential cases). c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: Easement over portions of property located at the corner of Agenda I[em No._ Page_ of_ Page Three - City Council Minutes - October 25, 2005 Lincoln and Terra Cotta, mare specifically described as Lots C and G of Tract 23988-2 recorded in Book 239, pages 85-89 of Maps, Riverside County Records Negotiating parties: City of Lake Elsinore and Elsinore Valley Municipal Water District Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attomey Mann announced the Closed Session discussion items as listed above. He announced that there was 2/3rds motion to add an additional item of anticipated litigation. He announced that there was no reportable action on any of the Closed Session items. PRESENTATION/CEREMONIALS A. Proclamation - Planet Youth. Mayor Magee called the Planet Youth representatives forward for the presentation. Mayor Magee read and presented the proclamation. Kimberly Kekuna commented that the youths involved worked very hard. She invited everyone to visit the Planet Youth facility. Mary Joe Ramirez, Planet Youth Program Director, commented that building character in the youth was an ongoing venture. B. Presentation - GFI Racing. Mayor Magee called Todd Breker forward. Mr. Breker announced the 10`n annual GFI event. He thanked everyone involved with the success of the Motocross Grand Prix. C. Presentation - H.O.P.E. update. Mayor Magee called Ron Hewison forward. David Harden, Community Outreach Reach Director for H.O.P.E., announced that he would be giving Agenda Item No. Page_ of _ Page Four - City Council Minutes - October 25, 2005 the update. Mr. Harden thanked Council for the bus that was donated to H.O.P.E. He noted that H.O.P.E. distributed 5,000 meals each month and continued to partner with 121oca1 churches with their bread ministry and distributed 4,000 bread and bakery items per month. He noted that in August H.O.P.E. introduced a home delivery service to seniors that were unable to get to H.O.P.E. He indicated that the meals were increased from 9 to 12 day supply and the qualifying age was reduced to 60. They increased the qualifying income level by 20%. He thanked the Council for their ongoing support. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE William Zeidnik, Menifee, commented on the boundaries of Murrieta, Lake Elsinore and Menifee. He indicated that in the southern and western portion of Menifee there was 22,000 square miles of rural land. He noted that on the Lake Elsinore eastem boundary there was 2,000 horses and riders that would like to ride trails. He noted that the City was cutting out trails. He suggested that everyone work together to resolve the issues. Carlos Godina, Lake Elsinore, commented on the reasons he moved to Lake Elsinore. He commented that he was the Director of the American Valley Soccer League. He indicated that he was informed that Parks & Open Space Manager Fazzio was no longer employed by the City. He expressed his disappointment. He noted that he had emailed a letter to Council recognizing Jon Fazzio. He noted that he worked closely with Mr. Fazzio on the maintenance of the fields. He noted that the parks were special and beautiful. He indicated that the parks were beautiful because of Mr. Fazzio and his crew. He encouraged the Council to reevaluate the decision that was made. Ron Hewison, Lake Elsinore, gave an update from the Public Safety Advisory Commission. He noted that they were working on the Shoreline Safety Plan. He noted there would be a PSAC Study Session on November 2°d regarding Emergency Preparedness. He noted the Citizen Patrol was postponed until March 2006. Agenda Item No. Page_ of Page Five - City Council Minutes - October 25, 2005 Donna Franson, Lake Elsinore Citizens Committee (private organization), commented they would be holding a meeting on October 27th at the Tuscany Hills Recreation Center. She thanked Councilmembers for attending their meetings. Sherry Martinez, Librarian for Vick Knight/Lakeside Public Library, invited everyone to come and visit the library. CONSENT CALENDAR TTEMS Councilman Buckley indicated that he would not be participating on Item No. 5. He indicated that he had a subcontracting relationship with the company in question. He indicated that the City Attorney advised that he not vote on the item at all. The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 6. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - September 13, 2005. b. Special City Council Meeting - September 21, 2005. a City Council Study Session - September 22, 2005. d. Joint City Council/Redevelopment Study Session - September 27, 2005. e. Regular City Council Meeting - September 27, 2005. 2. Ratified Warrant List for October 17, 2005.(F:123) Agenda I[em No._ Page_ of Page Six - City Council Minutes - October 25, 2005 3. Continued the item off calendar pending adoption of a facility naming policy.(F48.1) 4. Approved the waiver of fees for the Benefit Poker Tournament.(F62.1) 5. Authorized O'Reilly Public Relations to implement the Outreach Program for the annexation related to Tentative Tract Map No. 32537.(F160.2) 7. Approved Final Map No. 31901 and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation.(F 160.2) 8. Approved Final Map No. 28214-3 and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation.(F 160.2) 9. Received and filed. 10. Directed staff to cancel the December 27th City Council meeting.(F44.1) 11. Approved budget increase and authorized the Mayor to execute the contract with Roadway Engineering.(F30.1) 12. Authorized staff to enter into an agreement with NBCE, Inc for traffic signal and intersection improvements at Ortega Highway (SR-74) and Grand Avenue.(F68.1)(F 162.4) ITEM PULLED FROM THE CONSENT CALENDAR 6. Lake Elsinore DPSS Office/Transitional Housing Project.(F:87.3) Mayor Magee deferred to City Manager Brady. City Manager Brady introduced Cathy Welborn. Cathy Welborn, Riverside County DPSS gave an overview of the item. She indicated that the project included a transitional shelter and a new DPSS Office for temporary assistance MediCal. Agenda [[em No._ Page_ of _ Page Seven - City Council Minutes - October 25, 2005 Mayor Magee noted that the item was a informational item and not a formal proposal. Tim Fleming, Lake Elsinore, commented that as a member of the Transitional Housing Health & Services Citizens Committee, he would respectfully request that the Council moved forward with the County to show full support as did the Lake Elsinore Unified School District Board of Trustees. He requested everyone that was in support of this project to please stand as he read their Citizens Mission Statement. Jerry Harmatz, Lake Elsinore, commented that it was the duty and obligation of the Council to have shelter for the homeless; and it was the biblical duty of every able body citizen in the City. He indicated that a shelter was long overdue. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ITEM. PUBLIC HEARINGS 21. Tentative Tract Map No. 30494.(F:160.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an in depth overview of the item. He noted the location of the map. He noted the average lot size was 7,839 square feet. He indicated that the Planning Commission recommended approval of the Tentative Tract Map. William Zeidnik, Menifee, commented that this item was visited 1'h years ago. He noted that his group was not objective to the residential area. He indicated that they had identified with the developer several miles of trails that was reflected on his map; but was not reflected on the City's map. He noted that the trails in question were County trails. He commented that he would like for everyone to work together resolve the issues. Agenda I[em No. Page_ of_ Page Eight - City Council Minutes - October 25, 2005 Tom Fuhrman, Tri Valley Trails, commented that a map of the trail system was available on the internet; and it reflected regional trails going through Cottonwood Canyon and Holland Road. He noted that development had removed 8 miles of trail; and there was no longer access to Canyon Lake. He indicated that they were requesting to have one trail to connect Menifee, Wildomar and Lake Elsinore. He noted that the projects were being built over the trails. Jim Stringer, Pardee Homes, indicated that Pardee Homes concurred with staff on the recommendations and conditions. He noted that the map was still a more urbanized area of their project and as they develop east it would become rural. He noted that it would be possible to have connection of the trail around that area. Mayor Pro Tem Schiffner inquired if the open space in the project area was dedicated to the MSHCP. Mr. Stringer indicated that they were required to dedicate those open spaces to the City. Mayar Magee questioned if the City had received any comments from Riverside County Planning or their Parks Division. Mr. Preisendanz indicated that he was not aware of any comments. Mayor Magee suggested that the Tri Valley Trails group become involved in the City's General Plan Advisory Committee process. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-155 APPROVING TENTATIVE TRACT MAP NO. 30494. BUSINESS ITEMS 31. Reimbursement A~reement with Rancho California Water District with the cities of Lake Elsinore, Murrieta and Temecula for the acquisition of aerial photo~ra~hy and digital elevation data.(F68.1) Mayor Magee introduced the item and deferred to Information/ Communications Manager Dennis. Agenda Item No. Page_ of Page Nine - City Council Minutes - October 25, 2005 Mr. Dennis gave an overview of the item. He noted that it was needed and that it was something the City has never had. He noted the cost could be less. He noted that through this technology the City would be able to receive flood analysis. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CITY MAMAGER TO EXECUTE THE REIMBURSEMENT AGREEMENT AND APPROVE A BUDGET ADJUSTMENT IN THE EXPENDITURE ACCOUNT 100-4351- 413-30-33 FOR $85,000. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:44 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:47 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Ed Villalobos, Lake Elsinore, commented that he had a petition with over 50 signatures from residents of Prospect Avenue. He indicated that for the past 8 years the residents has had to deal with the noise, fumes and the loss of access to their homes because of the GFI Racing event. He noted that the residents felt like prisoners in their homes. He noted that they lose their parking and have to park to blocks from their homes. He indicated that they were not against the races, but would like to see a different route. Linda Villalobos, Lake Elsinore, commented that her granddaughter was visiting last year during the races; and while visiting had a severe asthma attack. She indicated that her teenage son also had asthma and would be leaving the area until the event was over. She suggested the route be changed. She indicated that the City received revenue from the event; and suggested that some of the revenue be used to take care of Prospect. She noted the street needed repair. Aida Escobar, Lake Elsinore, Mr. Ed Villalobos translated for Mrs. Escobar. Mrs. Escobar commented on the repair work done to the storm drains and the damage to Agenda Item No._ Page_ of Page Ten - City Council Minutes - October 25, 2005 the streets and sidewalks. She noted that her family was also tired of the event route. She noted that nine years was enough. Kathy Flores, Menifee resident, commented that during the last GFI race her mother was ill. She indicated that she could not reach her family because they were not able to hear the phone ring due to the event. She noted that it was plenty of land in the hills to have the event. She indicated that she had advised her brother to complain to the City Council. Maria Vazquez, Lake Elsinore, Mr. Ed Villalobos translated for Mrs. Vazquez. Mrs. Vazquez indicated that she respected the City Council. She noted that her family was also tired of the event. She requested they select another route. She commented on the street closure and her husband's work hours. She commented that during the last event the racers destroyed her garden. She commented on the bus stop area on Prospect Avenue. She noted that it was dirty and full of weeds. She noted that there was not enough light on Prospect Avenue. Mayor Magee commented that every resident counts. He indicated that Code Enforcement would be out to take a look at the street. He instructed Community Services Director Sapp to meet with Mr. Breker on an alternative route. He indicated that this was the first time Council had received any complaints about the race. He explained that the City Council enjoyed no monetary satisfaction from the race. Councilman Hickman requested staff take a look at the street. He indicated the street was in need of repairs. He thanked the residents for coming to the Council meeting and voicing their concems. Mayor Pro Tem Schiffner questioned if it was too late to make adjustments. He indicated that he would like to guarantee to the residents that something would be done. Councilwoman Kelley commented that this was the first time Council had received a complaint regarding the races and noted that staff had received adequate instructions from the Council. Agenda I[em No. Page_ of _ Page Eleven - City Council Minutes - October 25, 2005 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Oct 27"' - RDA and RDA Committee Joint Study Session Oct 29`h - City Wide Clean-Up Oct 29th - Pet costume parade Oct 31S` - Safe Candy Night 2) Announced Rolfe Preisendanz was the new Community Development Director for the City of Lake Elsinore. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Congratulated Mr. Preisendanz on his promotion to Community Development Director. Agenda [[em No. Page_ of _ Page Twelve - City Council Minutes - October 25, 2005 Mayor Pro Tem Schiffner commented on the following: 1) Congratulated Mr. Preisendanz on his promotion to Community Development Director. 2) Thanked the residents of Prospect for attending the meeting and voicing their complaints to their elected officials. Councilman Hickman commented on the following: 1) He indicated that Mrs. Villalobos had contacted him and he encouraged her to bring the complaint forward to the Council as a whole. Councilman Buckley commented on the following: 1) He noted safe candy night and reminded everyone to set their clocks back one hour on Sunday. Mayor Magee commented on the following: 1) Congratulated Mr. Preisendanz on his promotion to Community Development Director. 2) He extended his condolences to Mr. John Beaumont, a Trauma Intervention volunteer. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:05 p.m. Agenda Item No._ Page_ of _ Page Thirteen - City Council Minutes - October 25, ~ lL v ROBERT E. MAGEF~MAYOR CITY OF LAKE ELSINORE FREDERI~ RAY, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. Page_ of MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 8, 2005 :~~r*~~*:~*:~~r:~~*x*:~~~r~: *:~*~r**~**~~x~~r~~*~~*~~r~:~x~*~:~**~*:~**~*~~~: x*x*~*x CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, CommuniTy Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.1 Agenda Item No. Page_ of _ Page Two - City Council Minutes - November 8, 2005 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Lake Elsinore School Board President John Gray. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, City Treasurer Weber and City Clerk Ray. CLOSED SESSION a. PUBLIC EMPLOYEE - POTENTIAL DISCIPLINE/ DISMISSAL/ RELEASE (Gov't Code § 54957) CLOSED SESSION REPORT City Attomey Leibold announced the Closed Session discussion item as listed above. She announced that the Council had not concluded those discussions and would reconvene in closed session at the conclusion of the open session meeting. Agenda Item No. Page_ of_ Page Three - City Council Minutes - November 8, 2005 PRESENTATION/CEREMONIALS A. Proclamation - Lung Cancer. Mayor Magee called Mr. Ruben Longoria forward for the presentation. Mayor Magee read and presented the proclamation. Mr. Longoria thanked the City Council. He indicated that Lake Elsinore has held Relay for Life for the third consecutive year and had raised over $110,000 over the past three years. B. Proclamation - Veterans Day. Mayor Magee called members of the American Legion forward. Mayor Magee read and presented the proclamation. Mr. Gary Welsh thanked the City Council on behalf of all veterans. C. Certificate of Recognition - Authors of "Images of America - Lake Elsinore". Mayor Magee called Edythe Greene, Elizabeth Hepler and Mary Louise Rowden forward. Mayor Magee commented that it was a beautiful tribute to the City. Mayor Magee read and presented the Certificate of Recognition. They thanked the City Council for the recognition and thanked the community. D. Presentation - Chamber of Commerce update. Mayor Magee commented that the update was cancelled. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE John Gray, President Lake Elsinore School Board, commented that he and the LEUSD would like to express their thanks in the City's involvement in the continued support for public education. He indicated that public education was under attack from a variety of different groups and Agenda Item No. Page_ of Page Four - City Council Minutes - November 8, 2005 individuals. He noted the City's support was very much appreciated. Wayne Campbell, Lake Elsinore, commented that he and his wife relocated to Lake Elsinore in 2004. He indicated that they were told that Shareline Drive and Compass Court would remain cul-de-sacs. He requested support from the Council to ensure those streets remained cul-de-sacs. Mayor Magee instructed Mr. Campbell to give his information to City Engineer Seumalo. Ruth Atkins, Lake Elsinore Historical Society, commented that the Holiday Home Tour tickets and flyers were available. She noted the event would be held on December 10`n JJ Swanson, Lake Elsinore Historical Society, commented that if a can food item was brought to the museum individuals would receive a raffle ticket for gift basket valued at $200, and the food would be donated to H.O.P.E. Chris Hyland, Lake Elsinore, commented that she had received several phone calls regarding grading near Albertsons. She indicated that she was under the impression that Laing Homes had to complete and have the golf course and club house operational before building. She noted that they were in the process of grading. Mayor Magee explained the Condition of Approval from Council was that no Certificate of Occupancy for any home would be issued before the golf course, driving range and club house were completely operational. He further explained that there was nothing about them not being able to construct at the same time. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for fixrther discussion and consideration: Item No. 4. Agenda Item No._ Page_ of Page Five - City Council Minutes - November 8, 2005 CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Mayor Magee indicated that he would be abstaining from Item No. 5 as the original project was approved before he was elected into office. FOREGOING MOTION CARRIED BY A VOTE 5-0 WITH MAYOR MAGEE ABSTAINING ON CONSENT CALENDAR ITEM NO. 5. Ratified Warrant List far October 31, 2005. 2. Authorized Templeton Planning Group to prepare CEQA compliance documents for Specific Plan 2005-O1, Zone Change 2005-01, Conditional Use Permit 2005-21, Residential Design Review 2005-12 and LEAP 2005- 11 for Village at Lakeshore (Classic Pacific). Authorized Albert A. Webb Associates to prepare CEQA compliance documents for Tentative Tract Map No. 25475, Tentative Tract Map No. 33725, Ramsgate Specific Plan Amendment No. 4 and General Plan Amendment No. 2005-04. Approved Final Map No. 31531 and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. 6. Approved Final Map No. 31532 and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. 7. Approved agreement between Caltrans and the City of Lake Elsinore for the cost of construction and maintenance of the signal at Rosetta Canyon and Trellis Lane; and Ardenwood Way and State Route 74. Approved Agreement between Caltrans and the City of Lake Elsinore for the cost of construction and maintenance of the signal at Riverside Drive and High School entrance. Agenda Item No._ Page_ of _ Page Six - City Council Minutes - November 8, 2005 9. Approved Poe Street pavements rehabilitation Change Order No. 1- Lindsay Street repairs. 10. Selected Vavrinek, Trine, Day & Co., LLP to perform agreed upon procedures related to certain bond transactions. ITEM PULLED FROM THE CONSENT CALENDAR 4. Approved amended CFD report for CFD No. 2005-2 (Alberhill Ranch). Mayar Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey gave in-depth overview of the item. He indicated that there were three items added. The three items were the park and recreation improvements ($2 million), Park Plan Acquisition (valued to be determined) and the Storm Drain Impact Fee ($2,451,297). He indicated that Councilman Buckley inquired if the City was in the practice of funding or purchasing land for park the site. He indicated that after discussion with the City's bond counsel and Harris & Associates; and not having the opportunity to discuss the issues with the developer. Staff was recommending that the City Council moved forward with the amendment, with a modification to remove park acquisition from the estimated cost or as a line item with the amount to be determined; and approve the balance as is. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE AMENDED COMMUNITY FACILITIES DISTRICT REPORT FOR CFD NO. 2005-2 (ALBERHILL RANCH) WITH THE DELETION OF PARK PLAN ACQUISITION. PUBLIC HEARINGS 21. Lake Elsinore Ford; Commercial Desi~,n Review No 2005-02 Conditional Use Permit No. 2005-06, Variance No. 2005-03 and Miti~ated Ne ag tive Declaration No. 2005-06. Mayor Magee introduced the item. Agenda Item No._ Page_ of Page Seven - City Council Minutes - November 8, 2005 MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE ITEM UNTIL DECEMBER 13TH. 22. Tentative Tract Map No. 31593. Mayor Magee introduced the item and deferred to Community Development Director Preisendanz. Mr. Preisendanz gave in-depth overview of the item. He indicated that the project went before the Planning Commission on October 18, 2005. He further indicated that the Planning Commission was recommending approval to the City Council. He provided clarification regarding Condition of Approval #93. He indicated that the condition should read - Upon demonstration to the City that adjacent properiy owner is unable to gain reasonable access to an adjacent parcel which is west of the tract to the Elsinore Hills Road, which runs through the tract, City shall inform developer. Councilman Buckley questioned if condition of approval # 106 was deleted. Mr. Preisendanz indicated it would be deleted. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-156, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-157, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-08. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-158, ADOPTING TENTATIVE TRACT MAP NO. 31593 WITH THE MODIFICATION OF CONDITION 93 AND DELETION OF CONDITION 106. Agenda Item No._ Page_ of _ Page Eight - City Council Minutes - November 8, 2005 City Attorney Leibold commented that Mr. Preisendanz read into the record as the conclusion to condition 38 - or as satisfied by the City Engineer pending Caltrans process; and condition 40 - join the proposed CFD when it is formalized, if CFD is not formed the project is entitled to fair share reimbursement from adjacent developments. FORGOING MOTION CARRIED BY UNANIMOUS VOTE WITH THE MODIFICATIONS TO CONDITION 38 AND 40. 23. Extension of time for Tentative Parcel Map No. 30985. Mayor Magee introduced the item and deferred to Community Development Director Preisendanz. Mr. Preisendanz gave an overview of the item. He indicated that the applicant had requested an extension of time per the Subdivision Map Act. He indicated that there were modifications to the conditions of approval. He indicated that condition 61 and 64 were deleted. He indicated that condition 62 would remain in the conditions of approval. He indicated that the applicant had requested after the study session to delete condition 58. Patty Nayhill, representative, commented that the applicant felt condition 58 would be more appropriate at the time of a site development plan. She indicated that condition 58 did not specify which CFD should apply; it suggested any proposed CFD. She noted that the condition would lock her client into a CFD that was not created at this time. Councilman Buckley suggested adding different language for condition 58 to read - CFD created to pay for Camino Del Norte and/or an Impact Fee that would be the equivalent. Administrative Services Director Pressey explained that as development occurred in the Camino Del Norte area, certain developers would form CFD's and look to finance a portion of the road way with the CFD and finance their own public facilities on their site. He indicated that there had been discussion and steps taken to create an impact fee for that area. Agenda Item No._ Page_ of_ Page Nine - City Council Minutes - November 8, 2005 Councilman Buckley indicated that Councilman Buckley suggested language for condition 58 to read - Applicant shall pay a fee or CFD which ever is decided upon or to enter into a reimbursement agreement. City Attorney Leibold indicated that Councilman Buckley was suggesting some form of fair share contribution. She indicated that staff could draft a condition of approval that would have a fair share contribution of the improvements of Camino Del Norte. MOVED BY BUCKLEY, SECONDED HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-159, APPROVING THE EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 30985 WITH THE DELETION OF CONDITION 61 AND 64 WITH THE MODIFICATION OF CONDITION 58 TO INCLUDE THAT APPLICANT SHALL CONTRIBUTE A FAIR SHARE FINANCIAL CONTRIBUTION TO THE IMPROVEMENT OF CAMINO DEL NORTE. 24. Formation of CFD 2004-2 Nisca~ ; ca11 a special election; canvas election results; authorizing lev ~~pecial taYes. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey indicated that the developer had requested no action be taken on the item and the item be taken off calendar. City Attorney Leibold questioned opening the public hearing if no action was going to be taken on the item. Danny Kim, Fulbright and Jaworski, indicated that it would not be necessary to open the public hearing. He indicated that the City Council could just take action to abandon the proceedings. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ABANDON THE PROCEEDINGS Agenda Icem No. Page_ of Page Ten - City Council Minutes - November 8, 2005 BUSINESS ITEMS 31. Resolution authorizin~ the issuance of bonds and a~ rp ovin~ bond documents for Communitv Facilities District No. 2005-2 (Alberhill Ranch~. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey gave an overview of the item. He noted that the bond was currently sized at $24,334,000. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-163 APPROVING THE ISSUANCE OF CFD 2005-2 (ALBERHILL RANCH) 2005 SERIES A BONDS, FISCAL AGENT AGREEMENT, CONTINUING DISCLOSURE AGREEMENT, PURCHASE CONTRACT, PRELIMINARY OFFICIAL STATEMENTS AND THE FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT AND WITH THE CONCURRENCE WTTH THE REAMENDED CFD REPORT AS APPROVED AS ITEM NO. 4. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:43 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:48 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Paula Graver, Lake Elsinore, commented that she would be sending care packages to military personnel serving outside of the United States. She commented that Chicago Title and Southwest Riverside Realtors Association were participants. Ms. Graver commented on ordinances relating to vicious animals. Ms. Miller, Lake Elsinore, commented that she opposed all development that destroyed habitat. She indicated that there should not be any development in the back basin. Agenda Item No. Page_ of Page Eleven - City Council Minutes - November 8, 2005 CITY MANAGER COMMENTS Administrative Services Director Pressey commented on the following: 1) Announced the following upcoming events: Nov 12th and 13th - Lake Elsinore Grand Prix Nov 19`" - Unity in the Community Parade CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) She indicated that the City did have a unsafe dog provision in the Municipai Code, section 6.04250. She indicated a copy could be provided to Ms. Graver. 2) She indicated that there was strict compliance with all Local, Regional, State and Federal environmental laws. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Wished everyone a good evening. Agenda Item No._ Page_ of Page Twelve - City Council Minutes - November S, 2005 Mayor Pro Tem Schiffner commented on the following: 1) Wished everyone a good evening and thanked everyone for attending the meeting. Councilman Hickman commented on the following: 1) He indicated that the VFW Post 1508 was celebrating its 70th birthday. 2) He read poem to honor veterans. Councilman Buckley commented on the following: 1) He commented on the opening of the movie theater. Mayor Magee commented on the following: 1) Encourage the community to attend the Lake Elsinore Grand Prix. THE REGULAR CTTY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 7:55 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:08 P.M. CLOSED SESSION REPORT She announced that the Council had concluded discussions and by unanimous vote the City Council had placed the City Clerk on a two week unpaid leave of absence, effective immediately. A letter of reprimand would be issued and maintained in the City Clerk's personnel file. ADJOURNMENT The Regular City Council Meeting was adjourned at 11:12 p.m. Agenda Item No. Page_ of Page Thirteen - City Council Minutes - Novem E. CITY OF LE ATTEST: FREDERI~ RAY, CITY CLERK CITY OF~.AKE ELSINORE Agenda Item No._ Page_ of MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, NOVEMBER 17, 2005 ~,~:~~:~~:~:~:~~~:~~:*:~*:~~~~~~:~~~**:~:~:~:~:~**~~~~*~~*~~~~:~~~**~~~~*~~~** CALL TO ORDER The Special City Council Meeting was called to order by Mayor Magee at 538 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold and Office Specialist I Soto. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (1 potential case). B. PUBLIC EMPLOYEE PERFORMANCE (Government Code § 54957) - City Manager. Mayor Magee announced the Closed Session discussion item as listed above. Agenda Item No. Page Of Page Two - Special City Council Meeting Minutes - November 17, 2005 THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:40 P.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 6:38 P.M. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session Items as listed above. She noted that the City Council met in closed session with the City Manager to provide information and direction that the City Council deemed necessary and appropriate for the performance by the City Manager of his duties as they related to personnel matters affecting general City employees. She noted that there was no reportable action on Closed Session Item A. ADJOUNRMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 6:50 P.M. a ~ ~ ROBERT E. MAGEE, MAYOR CITY OF LAKE ELSINORE ATTE T: , ;, ~ ;~ lC~~. ~~ ~~ MICHELLE SOTO, OFFICE SPECIALIST I Agenda Item No.. Page Of MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 22, 2005 xxxkketk*kkkkaFkaFatat~FaFi:a'e~YkxkaFaFk~FaFeFkkkxkkx*aFkata'eaFaFatx' eFa'ek*k*aFka4nFde9eiekx*kkir CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, City Treasurer Weber and Of~ce Specialist I Soto. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.1 PLEDGE OF ALLEGIANCE Agenda 1[em No. Page_ of _ Page Two - City Council Minutes - November 22, 2005 The Pledge of Allegiance was led by Pete Dawson. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, City Treasurer Weber and City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: A.P.N. 377-040-023, 024, and 025 Negotiating parties: City of Lake Elsinore and Mp 76 Inc Under negotiation: price and terms of payment b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov't Code § 54956.8) Property: A.P.N.363-200-001 Negotiating parties: City of Lake Elsinore and Pardee Homes Under negotiation: price and terms of payment Agenda Item No._ Page_ of Page Three - City Council Minutes - November 22, 2005 a CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (1 case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that there was no discussion on item b and c; and there was no reportable action on item a. PRESENTATION/CEREMONIALS A. Proclamation - American Education Week. Mayor Magee called Assistant Superintendent of Educational Services for the L.E.U.S.D. Claudette Beaty forward for the presentation. Mayor Magee read and presented the proclamation. Mrs. Beaty thanked the City Council. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Ruth Atkins, 15237 Lake Trail Circle, commented the Holiday Home Tour would be held December l Oth. She noted some of the homes that would be displayed on the tour. Ruth Atkins announced that Lake Elsinore would have its certified Farmers Market beginning January 22, 2006. Valerie Sund, Lake Elsinore, announced the opening of Diamond Cinemas. She noted the location and hours of operation. She also noted the discounts for seniors, students and military personnel. Pete Dawson, 18010 Grand Avenue, inquired if there would be a Christmas Boat Parade this year. David Moon, 31605 Ridgecrest Drive, commended the Council on the development projects currently taking place in the City. He indicated that he was one of the few residents that were properly noticed about the Planning Commission Agenda Item No._ Page_ of_ Page Four - City Council Minutes - November 22, 2005 Meeting. He indicated that the sign posted on the site had the wrong date. He commented that he and other residents created a petition and informed other residents in the area of the proposed project. He noted the concerns of the residents regarding traffic and parking. Bob Spieger, 21066 Kimberly Court, commented on the proposed Holiday Inn Express project. He noted that he has lived in Lake Elsinore for over 20 years. He indicated that the area was originally a business area. Jennifer Te, 31529 Stoney Creek Drive, commented on the proposed Holiday Inn Express project. She noted that her home was located across the street from the proposed project. She commented on the traffic and automobile alarms. She suggested that Council considered the possible decrease in the resident's property value. Jason Leinen, 31520 Sagecrest Drive, commented on the proposed Holiday Inn Express project. He indicated that he was also against the proposed project and suggested that other businesses be considered for the location. Rick Moore, 31572 Canyon View Drive, commented on the proposed Holiday Inn Express project. He indicated that he was also against the proposed project. He commented that it interfered with the resident's quality of life. He suggested that other businesses be considered for the location. Renie Skaaden, 31504 Stoney Creek Drive, commented on the proposed Holiday Inn Express project. She indicated that she was also against the proposed project. She commented that she had been burglarized four times within a one year time span. She commented on the traffic congestion that currently existed in that area. She suggested the project be moved to another location. She indicated that she was not informed of the project. She commented on the SOS storage signage and questioned the signage of the Holiday Inn Express. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Agenda I[em No. Page_ of Page Five - City Council Minutes - November 22, 2005 Item No. 5. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Ratified Warrant List for November 15, 2005. 2. Received and filed Investment Report for August 2005. Awarded the bid to Trueline Surfacing at a cost of $21,900 and allocated the necessary funding from the General Fund Unallocated Revenue. 4. Awarded the bid to A&A Janitorial for a cost of $4,800 per month and direct staff to execute the agreement. ITEM PULLED FROM THE CONSENT CALENDAR Allocation of funds for the City Wide Speed Study. Mayor Magee introduced the item and deferred to City Engineer Seumalo. Mr. Seumalo gave in-depth overview of the item. He indicated that the study needed to be conducted every 5 to 7 years. He noted staff's recommendation. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DIRECT STAFF TO EXECUTE AND FUND THIS STUDY BY MEANS OF THE MEASURE "A" ACCOUNT IN THE AMOUNT OF $22,000 AND DIRECT THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH AL GOVER AND ASSOCIATES IN THE AMOUNT OF $18,920. Mayor Magee noted that there was a request to speak on the item. Chris Hyland, Lake Elsinore, commented that she was excited to see the item on the agenda. She expressed her hopes to see funds in the next budget for more motorcycle officers. She indicated that they did a magnificent job. Agenda [tem No._ Page_ of Page Six - City Council Minutes - November 22, 2005 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PUBLIC HEARINGS 21. Tentative Parcel Map No. 34023. Mayor Magee introduced the item and opened the public hearing at 7:23 p.m. Mayor Magee deferred to Community Development Director Preisendanz. Mr. Preisendanz gave an in-depth overview of the item. He indicated that the project went before the Planning Commission on October 18, 2005. He further indicated that the Planning Commission was recommending approval to the City Council. Mayor Magee closed the public hearing at 7:26 p.m. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-164, APPROVING TENTATIVE PARCEL MAP NO. 34023. GENERAL The applicant shall defend (with counsel acceptable to the City), indemnify, and hold haxmless the City, its Officials, Officers, Employees, Agents, and its Consultants fxom any claim, acrion, ox pxoceeding against the City, its Officials, Officexs, Employees, ox Agents to attach, set aside, void, ox annul an approval of the City, its advisory agencies, appeal boaxds, ox legislarive body concexning ixnplementarion and construcrion of Tentative Paxcel Map No. 34023, which acrion is bought within the time period pxovided fox in Califoxnia Government Code Secrions 65009 and/or 66499.37, and Public Reso~ixces Code Section 21167. The City will pxompdy norify the applicant of any such claim, acrion, ox pxoceeding against the City and will coopexate fully with the defense. TENTATIVE PARCEL MAP NO. 34023 2. The Tentadve Paxcel Map will expixe tcvo (2) yeaxs fxom date of appxoval unless within that pexiod of time an appxopxiate instruuient has been filed and xecorded with the County Recoxdex, ox an extension of time is gxanted by the City of Lake Elsinoxe City CouncIl in accoxdance with the Subdivision Map Act and the LEMC. Agenda Item No. Page_ of Page Seven - City Council Minutes - November 22, 2005 3. The Tentative Paxcel Map shall comply with the State of Califoxnia Subdivision Map Act and shall comply with all applicable xequ~ements of the Lake Elsinore Municipal Code, Tide 16 unless modified by appxoved Condirions of Appxoval. 4. Priox to final certificate of occupancy of the Tentative Parcel Map, the improvements specified hexein and appxoved by the Planning Cotiitiussion and the City Council shall be installed, ox agxeements fox said unpxovements, shall be submitted to the City fox appxoval by the City Engineer, and all othex stated condirions shall be complied cvith. All uncompleted itnpxovements must be bonded fox as paxt of the agxeements. 5. All lots shall comply cvith minim~ standaxds contained in the LEMC. 6. A precise survey with closuxes fox boundaxies and all lots shall be pxovided pex the LEMC. 7. The applicant shall comply with all condirions of the Rivexside County Fue Depaxtment. 8. The applicant shall meet all xequixements of Elsinoxe Valley Municipal Watex Distxict (EVMWD)• 9. All future structural development associated with this map requires separate Design Review approval. 10. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an"Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. Agenda Item No. Page_ of_ Page Eight - City Council Minutes - November 22, 2005 18. A bond is required guaranteeing the removal of ali trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction sha11 not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activiry shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 21. A grading plan signed and stamped by a Cali£ Registexed Civil Engineer shall be requixed if the gxading exceeds 50 cubic yaxds ox the existing flow pattexn is substanrially modified as detexmined by the City Engineex. If the gxading is less than 50 cubic yaxds and a gxading plan is not requixed, a gxading pexmit shall still be obtained so that a cuxsory dzainage and flow pattexn inspection can be conducted befoxe gxading begins. 22. Priox to commencement of gxading opexations, applicant to pxovide to the City with a map of all pxoposed haul xoutes to be used fox movement of expoxt material. Such xoutes shall be subject to the xeview and appxoval of the City Engineer. 23. All ~ading shall be done undex the supervision of a geotechnical engineex and he shall cextify all slopes steepex than 2 to 1 fox stability and propex exosion control. 24. An Encxoachment Pexmit shall be obtained pxiox to any woxk on City right-of-way. 25. Axxangements fox xelocarion of utility company faciliries (power poles, vaults, etc.) out of the xoadway ox alley shall be the xesponsibility of the pxopexty ownex ox his agent. 26. Undezgxound watei rights shall be dedicated to the City pursuant to the pxovisions of Secrion 16.52.030 (LEMC), and consistent with the City's agxeement with the Elsinoie Valley Municipal Water District. 27. Applicant shall pay all applicable development unpact/midgation fees, including but not all inclusive: TUMF, MSHCP, TIF and azea dxainage fees. 28. 10 yeax stoxm nxnoff shall be contained within the cuxb and the 100 yeax stoxm runoff shall be contained within the stxeet xight-of-way. When eithex of these critexia axe exceeded, dxainage facilities shall be pxovided. 29. All compaction xepoxts, gxade cexrificarions, monument cextificarions (with tie notes delineated on 8'/z" x 11 ° Mylax) shall be submitted to the Engineering Division befoxe final inspecrion of public works itnpxovements will be scheduled and appxoved. Agenda Item No. Page_ of _ Page Nine - City Council Minutes - November 22, 2005 30. All waste material, debxis, vegetation and othex rubbish genexated during cleaning, demolirion, cleax and gnxbbing ox othex phases of the construcrion shall be disposed of at appxopriate xecycling centexs. The applicant should contxact with CR&R Inc. fox xecycling and stoxage containex services, but the applicant may use the services of anothex xecycling vendox. Another xecycling vendox, othex than CR&R Inc., cannot chaxge the applicant for bin xental ox solid waste disposal. If the applicant is not using CR&R Inc. for xecycling seroices and the recycling matexial is eithex sold ox donated to anothex vendoi, the applicant shall supply pxoof of debxis disposal at a xecycling centex, including verificarion of tonnage by cextified weigh mastex tickets. 31. In accoxdance with the City's Fxanchise Agteement fox waste disposal & xecycling, the applicant shall be xequ~ed to contsact with CR&R Inc. foi xemoval and disposal of all waste matexial, debris, vegetation and othex rubbish genexated duting cleaning, demolirion, cleax and gnxbbing ox all othex phases of construcrion. 32. On-site dxainage shall be conveyed to a public facility, accepted by adjacent pxopexty owners by a lettex of dxainage acceptance, oi conveyed to a dxainage easement. 33. All natuxal dxainage txavexsing the site shall be conveyed through the site, ox shall be collected and conveyed by a method appxoved by the City Engineex. 34. Roof drains shall not be allowed to outlet directly through coring in the street curb. 35. Roofs should dxain to a landscaped ~ea. 36. Applicant shall comply ~vith all NPDES xequixements in effect; including the submittal of an Watex Quality Management Plan (WQMP) as xequixed pex the Santa Ana Regional Water Quality Conuol Board. 37. City of Lake ~lsinoxe has adopted ordinances fox storm watex management and dischaxge control. In accoxdance with state and fedexal ]aw, these local stortn watex ordinances rp ohibit the dischaxge of waste into stoxm dxain system or local sucface watexs. This includes non-storm watex dischazges contauung oil, gxease, detexgents, trash, ox othex waste xemains. Bxochures of "Stoxm watex Pollurion, What You Should Know" describing pxeventing measures axe avaIlable at City Hall. PLEASE NOTE: The dischaxge of pollutants into street, guttexs, stoxm dxain system, ox watenvays - without Regional Watex Quality Contxol Boaxd permit or waver - is stricdy pxohibited by local oxdinances and state and fedexal law. PRIOR TO APPROVAL OF FINAL MAP 38. Construct stseet and sidewalk nnpxovements along the pxoject fxontage on Mohx Steeet such that the centerline to cuxb is 18'ox as shown on the map. Agenda Item No._ Page_ of Page Ten - City Council Minutes - November 22, 2005 39. Install a public stxeet light at the noxthwest cornex of Heald Avenue and Mohr Stseet. 40. Applicant shall entex into an agxeement with the City fox the construction of public woxks unprovements and shall post the appxopiiate bonds prior to final map appxoval. 41. Applicant shall obtain all necessary off-site easements fox off-site gxading fxom the adjacent pxopexty ownexs priox to fmal map appxoval. 42. All Public Woxks xequixements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) priox to final map appxoval. 43. Make an offex of dedication fox all public stxeets and easements xequiued by these conditions ox shown on the Tentative Map. All land so offexed shall be gxanted to the City fxee and cleax of all liens and encumbxances and without cost to the city. 44. A Cali£ Registexed Civil Engineex shall pxepaxe stxeet impxovement plans and specificarions. Impxovements shall be designed and constructed to Rivexside County Road Depaxtment Standaxds, latest edirion, and Ciry Codes (LEMC 12.04 and 1634). 45. All pxoperty taxes shall be paid piiox to xecordarion of the &nal map. PRIOR TO ISSUANCE OF A GRADING PERMIT 46. If the gxading is less than 50 cubic yaxds and a gxading plan is not xequ~ed, a site plan that shows pxoposed pxoject impxovements and dxainage pattexns shall be submitted so that a cuxsoxy dxainage and flow pattexn inspection can be conducted befoxe gxading begins. 47. Submit ~ading plans with appxopxiate security, Hydxology and Hydxaulic Repoxts pxepaxed by a Registered Civil Engineex for appxoval by the City Engineex. Developex shall mitigate any flooding and/ox exosion downstxeam caused by development of the site and/ox divexsion of drainage. 48. Pxovide soIls, geology and seismic xepoxt. Provide final soils xepoxt showing compliance with xecommendations. 49. The applicant shall obtain all necessary off-site easements fox off-site gxading and/ox ckainage acceptance fxom the adjacent pxopexty ownexs priox to gxading pexmit issuance. 50. Applicant to provide erosion control measwes as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Agenda Item No. Page_ of _ Page Eleven - City Council Minutes - November 22, 2005 51. Applicant shall pxovide the city with proof of his having filed a Notice of Intent with the Regional Watex Quality Contxol Boaxd fox the Nauonal Pollutant Dischaxge Elnnination System (NPDES) pxogxam with a stoxm watex pollution pxevenrion plan prior to issuance of gxading pexmits. 52. Applicant shall obtain appxoval fxom Santa Ana Regional Watex Quality Control Boaxd fox theix stoxm watex pollution pxevenrion plan including appxoval of exosion control fox the gxading plan priox to issuance of gxading pexmits. The applicant shall pxovide a SWPPP fox post construcrion, which descxibes BMP's that will be implemented fox the development and including maintenance xesponsibilities. PRIOR TO ISSUANCE OF BUILDING PERMIT 53. All Public Woxks xequirements shall be complied with as a condition of development as specified in the Lake Elsinoxe Municipal Code (LEMC) priox to building pexmit. 54. Submit a"Will Serve" lettex to the City Engineexing Division fxom the applicable watex agency stating that watex and sewex axxangements have been made fox this pxoject and specify the technical data fox the watex seroice at the locarion such as watex gxess~e and volume etc. Submit this lettex priox to applying fox a building pernut. 55. Pay all Capital Impxovement Impact/Mirigation Fees and Plan Check fees (LEMC 16.34). PRIOR TO OCCUPANCY 56. All compaction xepoxts, gxade cexrificarions, monument cextificarions (with ue notes delineated on 8 1/2" x 11° Mylax) shall be submitted to the Engineering Division. 57. All public unpxovements shall be completed in accoxdance with the appxoved plans to the sarisfaction of the City Engineex. 58. Watex and sewex unpxovements shall be completed in accoxdance with Watex District xequixements. 59. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR&R Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and gnxbbing or all other phases of construction. BUSINESS ITEMS 31. Easement and Public Park Improvement Agreement with EVMWD. Agenda Item No. Page_ of Page Twelve - City Council Minutes - November 22, 2005 Mayar Magee introduced the item and deferred to City Manager Brady. Mr. Brady gave an overview of the item. He indicated that EVMWD wanted to locate a well on the site located at Terra Cotta Road and Lincoln Street. He indicated that the agreement would provide an easement onto the property ar the location of a well and facilities for the well site. He indicated that EVMWD would provide landscaping in which the City would maintain. Councilmember Buckley thanked the sub-committee for their efforts on this proj ect. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AGREEMENT 32. Lincoln Street Park. Mayor Magee introduced the item and deferred to Community Services Director Sapp. Mr. Sapp gave an overview of the item. He noted the location of the project. He indicated that there were some changes made to the conceptual park plan. He continued to describe the amenities that would be in the park. He noted that the basketball court would not be lit at night. Councilmember Kelley indicated that she was delighted to see the item before Council. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONCEPTUAL PARK PLAN AS PRESENTED AND AUTHORIZE STAFF TO MOVE FORWARD WITH CONSTRUCTION FOR THIS PROJECT. 33. Infrastructure Reimbursement Agxeement (Oak Grove Crossing Sho~ping Center . Mayor Magee introduced the item and defened to City Manager Brady. Agenda Item No. Page_ of Page Thirteen - City Council Minutes - November 22, 2005 Mr. Brady gave an overview of the item. He indicated that when the project was approved on March 22, 2005, the applicant had requested if the City would be willing to consider assistance for reimbursement of relocating the major power lines along Collier. He indicated that Council did indicate they would be willing to provide a reimbursement agreement up to $260,000. City Attorney Leibold added that based on projections, the $260,000 reimbursement would be satisfied within a 3-year period, but the agreement did allow up to 5 years of TIF reimbursement. Councilmember Hickman inquired about the number of employees the project was going to generate. Glen Daigle, Oak Grove Equities, commented that Target information indicated there would be 120 to 150 employees and the remainder of the center would employee another 80 to 100 employees. He also indicated that a typical Target store would sale approximately $50 million in merchandise per year; which would generate $500,000 back to the City. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO 2005-165, APPROVING AND AUTHORIZING THE EXECUTION OF THE INFRASTRUCTURE REIMBURSEMENT AGREEMENT. 34. Memorandum of Understanding with United Public Emplo e~~es of California LIiJNA Loca1777 for Julv 1 2005 to June 30 2007. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey gave an overview of the item. He indicated that the employees had accepted the offer proposed by Council. He indicated that in response to the question at the 4:00 p.m. Agenda Review, the City's personnel attorney confirmed that the increase was as stated in the staff report. Councilmember Buckley indicated that the second year was up to 4.4%. He noted that this was the first time that there was a cap on medical benefits, but Agenda Item No._ Page_ of_ Page Fourteen - City Council Minutes - November 22, 2005 still allowed for employees to have their family fully covered under a medical plan. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEMORANDUM OF UNDERSTANDING WITH UNITED PUBLIC EMPLOYEES OF CALIFORNIA, LIUNA LOCAL 777 FOR JULY 1, 2005 TO JUNE 30, 2007. 35. CFD Policv. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey gave an overview of the item. He commented on the CFD Policy Study Session. He indicated that there were items that were discussed and summarized to bring back to the Council. He noted that there was discussion to eliminate the 2% escalator. Leonard Leichnitz, LUMOS Communities, commented that the change in creating a different policy which eliminated escalation would make development more expensive in Lake Elsinore. He further commented that eliminating the escalator provision from the municipal finance policies would reduce approximately 25°/a of the proceeds that could be raised through this municipal fund. He indicated that LUMOS Communities supported the idea. He noted that it would be less confusion for their homebuyers. He recommended that the new escalation policy only apply to projects that did not have a deemed complete tentative map application. City Treasurer Weber explained the reason the finance team decided to remove the 2% escalator. He indicated that owning a home would be out of reach. Councilmember Buckley indicated that he agreed that the cost of a home had to be kept down. Agenda Item No. Page_ of_ Page Fifteen - City Council Minutes - November 22, 2005 MOVED BY BUCKLEY TO APPROVE STAFF'S RECOMMENDATIONS WITFI MODIFICATIONS TO READ ~°THE CITY MAY AFTER MAKING A SIGNIFICANT FINDING OF EXTRAORDINARY DEVELOPMENT CIRCUMSTANCE ALLOW AN ANNUAL ESCALATION FACTOR"; AND COUNCIL ADOPT THE 6 ITEMS ON PAGE 2 OF 15 OF THE STAFF REPORT; AND DIRECT THE FINANCE TEAM TO FORM NEW CFD'S WITH ANNUAL SPECIAL TAX LEVY THAT IS APPROXIMATELY EQUAL AND WHEN COUNCIL ALLOW AN EXTRAORDINARY DEVELOPMENT AND A POTENTIAL ESCALATOR THAT THE COUNCIL BE PRESENTED WITH BOTH THE ESCALATING NUMBER AND THE FLAT NUMBER. Motion failed for lack of a second. Mayor Pro Tem Schiffner requested that Administrative Services Director Pressey explain how this would affect the homebuyer. Mr. Pressey explained that the theory was that the homebuyer would pay less and more people could qualify for homes. Councilmember Hickman indicated that he could see the benefit for the developer and the homebuyer. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO DIRECT THE FINANCE TEAM TO FORM NEW COMMUNITY FACILITY DISTRICTS WITH AN ANNUAL SPECIAL TAX LEVY THAT IS APROXIMATELY EQUAL EACH YEAR AND WITHOUT AN ESCALATOR AND MODIFICATION TO PART ONE OF THE RECOMMENDATION TO READ ~~CITY MAY MAKE A SPECIFIC FINDING OF EXTRAORDINARY DEVELOPMENT CIRCUMSTANCES TO ALLOW AN ANNUAL ESCALATION FACTOR AND TO GRANDFATHER IN APPLICATIONS THAT ARE DEEMED COMPLETE." Councilmember Kelley indicated that she could support the completed applications being grandfathered in and she also supported the motion made by Councilmember Buckley. Agenda Item No._ Page_ of Page Sixteen - City Council Minutes - November 22, 2005 Mayor Magee commented that he also agreed that the existing applications deemed completed as of today be exempt. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Industrial Desi~n Review No. 2004-09 for the project known as "Self Stora~e Facility". Mayor Magee introduced the item and deferred to Community Development Director Preisendanz. Mr. Preisendanz gave in-depth overview of the item. He indicated that the project went before the Planning Commission on November 1, 2005. He further indicated that the Planning Commission was recommending approval to the City Council. Councilmember Buckley indicated that he could not make a determination to whether or not it was an acceptable looking building. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO DENY THE INDUSTRIAL DESIGN REVIEW OR TABLE OFF CALENDAR AND BRING BACK BEFORE COUNCIL WITH A PROPER SET OF PLANS. Mayor Pro Tem Schiffner made a substitute motion. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2005-166, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2004-09. Wayne Holland, 7106 East Columbus Drive, Anaheim Hills, commented that had received a lot of input from City staf£ He indicated that he had accepted every recommendation made by staff. Councilmember Buckley questioned what the building would look like. Mr. Holland provided Councilmember Buckley with a colored rendering of an existing building. Agenda I[em No._ Page_ of Page Seventeen - City Council Minutes - November 22, 2005 Councilmember Kelley questioned the request to occupy or use the facility prior to the completion of the facility in phases. Mr. Preisendanz explained that the applicant had made the request at the Planning Commission Meeting and had also discussed the request with the Planner. Mr. Preisendanz indicated that the applicant had requested the project be phased into two phases; and request that he receive occupancy for the phase 1 portion as construction continued. Mr. Preisendanz indicated that condition #26 and #27 were added. Mayor Magee expressed his disappointment with the quality of the plans. He indicated that it was brought to Council's attention that this particular development would not generate a significant amount of tax revenue. THE FOREGOING SUBSITUTE MOTION CARRIED BY A VOTE OF 4-1 WITH BUCKLEY CASTING THE DESCENDING VOTE. PLANNING GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold haxmless the City, its Official, Officexs, Employees, and Agents fxom any cltim, action, ox pioceeding against the City, its Official, Officexs, Employees, ox Agents to attach, set aside, void, ox annul an appxoval of the City, its advisoxy agencies, appeal boaxds, ox legislarive body concerning the Industrial Business Paxk, which action is bought witlun the time pexiod pxovided for in Califoxnia Government Code Secrions 65009 and/ox 66499.37, and Public Resources Code Secrion 21167. The City will pxompdy norify the Applicant of any such claim, action, ox pxoceeding against the City and will coopexate fully with the defense. If the City fails to pxompdy notify the Applicant of any such claun, ox pxoceeding, the Applicant shall not, thexeaftex, be xesponsible to defend, indetnnify, or hold haxtnless the City. 2. Appxoval fox Condirional Use Permit No. 2004-42 and Industrial Design Review No. I 2004-09 will lapse and be void unless building pexxnits axe issued within one (1) yeax following the date of appxoval. An extension of tnne, up to one yeax pex extension, may be gxanted by the Community Development Duectox priox to the expirarion ox the initial Design Review appxoval upon application by the developer one (1) month pxiox to expirarion. Agenda Item No._ Page_ of Page Eighteen - City Council Minutes - November 22, 2005 3. Any altexarion ar expansion of a pxoject fox which thexe has been a"Design Review" approval as well as all applications fox modification ox othex change in the condirions of appxoval of a"Design Review" shall be reviewed accoxding to the pxovisions of Chaptex 17.82 in a similar mannex as a new application. 4. No structure which has xeceived a"Design Review" ox °Minox Design Review" appxoval shall be occupied ox used in any mannex ar xeceive a Cexrificate of Occupancy until the Dixectox of Community Development has detennined that all Conditions of Appxoval have been complied with. 5. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. 7. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they aze not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 9. Storage of explosives, acids, ammonia, or related materials which may pose a danger or an odor impact to surrounding uses shall be prohibited. 10. The proposed security alarm shall be silent or of low tone quality. 11. With the exception of recreational and rental vehicles, all outdoor storage shall be prohibited. 12. The maximum number of recreational vehicles stored outdoors on-site shall be four. The vehicles shall be parked in a designated parking space. 13. The maximum amount of rental vehicles stored on-site shall be three. 14. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. Agenda Item No._ Page_ of Page Nineteen - City Council Minutes - November 22, 2005 15. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 16. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 17. No exterior roof ladders shall be permitted. 18. All exterior downspouts shall be concealed within the building. 19. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 20. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 21. On-site surface drainage shall not cross sidewalks. 22. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 23. All exposed slopes in excess of three feet (3') in height sha~l have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 24. Puxsuant to Oxclinance No. 1124, pxiar to the issuance of a building pernzit the applicant shall pay the applicable Multiple Species Habitat Consei~vation Plan (MSHCP) Fee. 25. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an"Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 26. Certificates of Occupancy shall be issued in two phases. Phase one shall include the two buildings fronting on Dexter Avenue. Phase 2 shall include the other five buildings to be constructed on site. 27. The applicant shall submit a Phasing Plan for the development of the site to be reviewed and approved by the Community Development Director and Riverside County Fire Department. The Phasing Plan shall address timing for NPDES compliance, construction traffic patterns, on-site circulation, site access issues, pedestrian safety, site distances, and signage at Dexter Avenue. Agenda Item No. Page_ of_ Page Twenty - City Council Minutes - November 22, 2005 28. Three (3) sets of the Final Landscaping/Irrigation Detail Plan sha11 be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be chazged prior to final landscape approval. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, ~ maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"): e. Any transfoxmexs and mechanical ox electrical equipment shall be indicated on landscape plan and screened as paxt of the landscaping plan. £ 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. g. All landscape improvements shall be bonded 100% for material and labar for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. h. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All pianting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and piants. i. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. Agenda Item No._ Page_ of Page Twenty-one - City Council Minutes - November 22, 2005 29. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 30. Prior to issuance of building permits, applicant shall provide assurance that a11 required fees to the Lake Elsinore Unified School District have been paid. 31. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 32. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING Geneial: 33. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 34. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). 35. 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. 36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 37. Provide fire protection facilities as required in writing by Riverside County Fire. Secure, from Fire Department. Street Improvements: 38. Construct all public works improvements (LEMC12.04). Plans must be approved and signed by the City Engineer prior to building permit approval (LEMC 1634). 39. Street Improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). Street width from curb to centerline of Dexter Avenue is 40 feet. The street improvement plans shall show existing and future profiles at centerline and top of curb and cross sections of the street. The profiles shall extend to 100 feet beyond the street frontage of the property. Agenda Item No. Page_ oF Page Twenty-two - City Council Minutes - November 22, 2005 40. The street shall be improved from property line to one foot beyond centerline of the Dexter Avenue within the limits of the property's frontage. The street pavement structural section shall be minimum of 4-inch asphalt concrete on 6 inch class II aggregate base, within the property line limits. The improvements shall include pavement, curb, gutter and sidewalk and striping as required by City Engineer. 41. Location of the access driveway to the development shall be set with consideration of minimum sight distances required for northwest bound traffic making left turn into the development and exiting vehicles proceeding either direction on Dexter Avenue. 42. Applicant shall enter into an agreement with the City for the construction of public works improvements, and shall post the appropriate bonds prior to issuance of building permits. 43. Pay all fees and meet requirements of encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-87). 44. All compaction reports and grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 45. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners. 46. All utilities, except electrical over 12 kv shall be placed underground, as approved by the serving utility. Grading: 47. Developer has submitted a Preliminary Grading and Drainage plan, Geological Soils Evaluation, and a Retention Basin Hydrology Study. The submittals were briefly reviewed for setting the conditions of approval, but engineering has not done a rigarous review and analysis of the items. They aze to be re-submitted for plan checking, along with plan check fee, after the conditions of approval are finalized by the City and accepted by the developer. 48. Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 49. Apply and obtain a grading permit with appropriate security prior to any grading activity. Agenda Item No._ Page_ of _ Page Twenty-three - City Council Minutes - November 22, 2005 50. A grading plan stamped/signed by a California Registered Civil Engineer is required since the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate counters and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 51. Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 52. In accordance with the City's Franchise Agreement far waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clearing and grubbing or all other phases of construction. 53. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. Drainage: 54. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 55. Submit Hydrology and Hydraulic Reports per Riverside County Flood Control District for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 56. All drainage facilities in this project shall be constructed according to Riverside County Flood Control District Standards. 57. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 58. A drainage acceptance letter will be necessary from the downstream property owners for out-letting the proposed storm water run-off on private property. Agenda Item No. Page_ of, Page Twenty-four - City Council Minutes - November 22, 2005 59. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the Nationai Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for construction period and a project-specific WQMP for post conshuction including its maintenance implementation. The project-specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post conshuction condition, from a 2-year and 10-year, 24- hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. 60. Developer shall use Site Design BMPs such as minimizing impervious azeas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or zero discharge areas, and conserving natural areas, and allow runoff to sheet-flow through landscaped swales or natural drainage channels. 61. The project-specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identified for the Project. Where Pollutants of Concern include pollutants that are listed as causing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control, and treatment Control BMPs as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long-term operation and maintenance requirements for BMPs requiring long-term maintenance, as well as the mechanism for funding the long-term operation and maintenance of the BMPs requiring long-term maintenance. 62. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and AgreemenP' with the County-Clerk Recorder to inform future property owners of the requirement to implement the approved project-specific WQMP. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the projecYs Storm Water Pollution Prevention Plan as the Post-Construction Management Plan. 63. Education guidelines for Water Quality Management Practices (WQMP) shall be provided to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the WQMP in the Riverside County NPDES Drainage Area Management Plan. Agenda Item No._ Page_ of Page Twenty-five - City Council Minutes - November 22, 2005 64. Prior to building permit close-out or the issuance of a certificate of occupancy or certificate of use, the applicant shall: A- Demonstxate that all struch~al BMPs described in the project-specific WQMP have been constructed and installed in conformance ~vith approved plans and specificarions; B- Demonsteate that applicant is pxepaxed to unplement all non-stsuctuxal BMPs described in the appxoved pioject-specific WQMP; and G Demonstsate that an adequate numbex of copies of khe appxoved pxoject-specific WQMP axe available fox the futuxe ownexs/occupants. 65. Developer shall be subject to all Mater Planned Drainage fees and will receive credit for all master Planned Drainage facilities constructed. 66. Developer sha11 provide first flush BMP's using the best available technology that will reduce storm water pollutants from internal local and collector streets prior to entering into outside street drainage facilities (MS4). Dedications: 67. Dedicate an additional 25 feet of right of way, for a total of 50 feet of right of way from property line to centerline of Dexter Avenue, along the Dexter Avenue frontage of the property, prior to issuance of building permit. FEES: 68. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). Pay Parkland, Master Drainage, TIF and TUMF and MSHCP and Kangaroo Rat Fee fees prior to issuance of building permit. 'The Paxkland Fee is $0.10 pex squaxe feet of enclosed space; Mastex Dxainage Plan Fee fox Axxoyo Del Toxo District is $7,120.00 pex acxe; The TIF amount is $3.84 pex squaxe foot of building; TUMF amount is $3.52 pex squaxe foot of building; MSHPC Local Development Mirigarion Fee is 5,620.00 pex acxe. Kang~oo Rat Fee is $500.00 pex acxe based on gxoss acxeage. BUILDING AND SAFETY DEPARTMENT Agenda Item No. Page_ of Page Twenty-six - City Council Minutes - November 22, 2005 69. The applicant shall provide A. D. A. accessible "path of travel" from the rental office to a building or buildings to assure access to at least one of each size of storage units provided. RIVERSIDE COUNTY FIRE DEPARTMENT 70. Prior to issuance of building permits, applicant shall provide assurance that all requirements and Conditions of Approval of the Riverside County Fire Department have been met. 37. Industrial Desi~n Review No. 2005-03, Vanderhoek Industrial Buildings. Mayor Magee introduced the item and deferred to Community Development Director Preisendanz. Mr. Preisendanz gave in-depth overview of the item. He indicated that the project went before the Planning Commission on November 1, 2005. He further indicated that the Planning Commission was recommending approval to the City Council. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-167, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2005-03. GENERAL The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at the northeast corner of Minthorn and 3rd Streets, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. INDUSTRIAL DESIGN REVIEW NO. 2005-03 Agenda Item No. Page_ of Page Twenty-seven - City Council Minutes - November 22, 2005 2. The design review approval for Industrial Design Review No. 2005-03 will lapse and be void unless building pernuts are issued within one (1) yeaz. An extension of 6me, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. All Condirions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements approved with this request sha11 be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 5. Shuctures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Directar or designee, prior to issuance of building permit. 7. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be azchitecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 9. All loading zones shall be cleazly marked with yellow striping and sha11 meet City Standazds for Type `A' loading zones (12' x 20') and Type `B' loading zones (12' x 40'). 10. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinare Municipal Code. 11. Materials and colars depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. Agenda Item No. Page_ of Page Twenty-eight - City Council Minutes - November 22, 2005 12. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighbaring properiy and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent wifh the architectural style of the building. Therefore, a photometric study shall be submitted and approved prior to the issuance of building permits. 13. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 14. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 15. All building signage shall comply with the Sign Program approved by the Planning Commission. 16. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 17. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 18. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 19. Applicant shall meet ADA (Americans with Disabilities Act) requixements. 20. No exterior roof ladders shail be permitted. 21. All service and loading doors shall be painted to match the building. 22. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee wiil be charged prior to final landscape approval based on the ConsultanYs fee plus forty percent (40%) City fee. Agenda 1[em No._ Page_ of Page Twenty-nine - City Council Minutes - November 22, 2005 a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of drought resistant plantings with combinaYion drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) Ail landscaping and inigation sha11 be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 25. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. Agenda Item No. Page_ of Page Thirty - City Council Minutes - November 22, 2005 26. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 29. Prior to issuance of building permits, applicant shall pay pazk-in-lieu fee in effect at time of building permit issuance. 30. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERING 31. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) priar to issuance of building permit. 32. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 33. Pay all Capital Improvement; including TIF and TUMP fees, and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, and encroachment permit fees associated with the project and its development. 34. 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 grading plan approval. 35. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faults or liquefaction zones present. Street Improvements Agenda Item No._ Page_ of Page Thirty-one - City Council Minutes - November 22, 2005 36. All adjacent street improvements currently exist, accept sidewalk on Minthorn and 3ra streets. The site plan and the grading plan both show sidewalk construction. The applicant shall meet with the City Engineer to review the need for sidewaiks prior to grading permit. Nearby existing street improvements and developed buildings do not always have sidewalks and as such, sidewalks may be deleted, subject to the City Engineer. 37. Applicant shall obtain any necessary off-site easements for off-site grading or construction from the adj acent property owners prior to issuance of grading permit. 38. Apply and obtain a grading permit prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Grading 39. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. 40. If applicable, prior to commencement of grading operations, applicant to provide to the City with a map of all proposed hauls routes to be used for movement of import/export material. Such routes shall be subject to the review and approval of the City Engineer. 41. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 42. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, cleaz and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. Agenda Item No._ Page_ of Page Thirty-two - City Council Minutes - November 22, 2005 Utilities 43. 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 ar his agent. 44. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 45. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Drainage 46. A hydrology and hydraulic study and calculations far the proposed on site storm drainage system shall be submitted and approved prior to issuance of a grading permit. 47. Meet all requirements of LEMC 15.68 regarding flood plain management. 48. The Riverside County Water Quality Management Plan requires this project to prepare a project specific Water Quality Management Plan (WQMP). As such the applicant will be required to prepare a WQMP install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. The plan shall identify "pollutants of concern" and "hydrologic conditions of concern", and mitigate in accordance with the Riverside County Water Quality Management Plan. Said plan sha11 be approved prior to the issuance of a grading or site development permit. 49: Applicant will be required to install BMP's to mitigate urban pollutants from entering the watershed. Applicant shall provide BMP's that will reduce stormwater pollutants from parking areas and driveways. This would include the use of a bio-filter swale or other BMP techniques. Education guidelines and Best Management Practices (BMP) shall be provided to the property owner and/or tenant in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP. 50. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. Agenda Item No. Page_ of Page Thirty-three - City Council Minutes - November 22, 2005 51. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system; the City Engineer shall approve the wording and stencil. 52. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 53. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. 54. Development shall be designed to comply with the applicable Fire Department conditions of approval for allow for Fire Truck turning movements on site as well as onto the site. Truck turning template showing trucks turning to back into all loading bays shall be required. 55. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all phases of construction and operation. RIVERSIDE COUNTYFIREDEPARTMENT 56. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITYSERVICES DEPARTMENT 57. Applicant shall pay pazk-in-lieu fees for all proposed commercial buildings. 58. Applicant to maintain all on-site landscaping. 59. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Louisa Dixon, 21067 Kimberly Court, commented on the proposed Holiday Inn Express project. She commented on the vote made by the Planning Commission on November 15, 2005. She noted that the first hotel could not meet the current 40% requirement on maximum allowable floor area ratio and requested it to be Agenda Item No._ Page_ of Page Thirty-four - City Council Minutes - November 22, 2005 70%. She noted that they also requested a 10 foot height increase. She further noted that the project manager was asked if the project could viably continue and meet Lake Elsinore existing codes and the project responded by saying "no". She commented on traffic congestion. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: Dec 2"d - Winterfest 2005 Dec 4t" - Open Air Market Dec 8`h - CDBG applications due Dec 10~' - Breakfast with Santa at the Senior Center Dec 10`h - Holiday Home Tour Dec 17`h - Parents Night Out at the Lake Community Center He wished everyone a happy Thanksgiving and encouraged residents to shop in the City. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. Agenda Item No. Page_ of Page Thirty-five - City Council Minutes - November 22, 2005 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Wished everyone a happy Thanksgiving. 2) Commended the EVCAP Committee for the parade. Mayor Pro Tem Schiffner commented on the following: 1) Wished everyone a happy Thanksgiving. Councilmember Hickman commented on the following: 1) He commented that H.O.P.E. would be sponsoring a Thanksgiving Dinner. 2) He commented that the YES Center was serving Thanksgiving Dinner. Councilmember Buckley commented on the following: 1) Wished everyone a happy Thanksgiving. Mayor Magee commented on the following: 1) He commented on item #36; and noted that next year he expected to see the same level of matured trees in front of the building. He will not be expecting to see twigs. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:24 p.m. Agenda Item No. Page_ of Page Thirty-six - City Council Minutes - November 22 005 r ~ ;~ ; ~ ~ ROBERT E. MAGEE, AYOR CITY OF LAKE ELSINORE ATTEST: ~ , DERICK Y, CITY CLERK CITY OF L ELSINORE Agenda Irem No. Page_ of_ MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 13, 2005 :~~~~~~:~~:~:~~:~~~*~~*~~~~~:~~~~~~~:~*~~::~~:~~:~*~:~*~*~~~~~~~*~~*~~~~~*~:~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mike Lewis. Page 2- City Council Minutes - December 13, 2005 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: 32395 Corydon, Lake Elsinore, California (A.P.N. 370-120-045) Negotiating parties: City of Lake Elsinore and The Cambridge Foundation Under negotiation: price and terms of payment b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Gov't Code § 54956.8) Property: A.P.N.363-200-001 Negotiating parties: City of Lake Elsinore and Pardee Homes Under negotiation: price and terms of payment c. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 54956.9: (1 case) Agenda Item No. Page_ oF Page 3- City Council Minutes - December 13, 2005 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items a and b were discussed and there was no reportable action. She also noted that item c was taken off calendar and there was no reportable action. PRESENTATION/CEREMONIALS A. Certificate of Recognition - Cornerstone Community Church B. Certificate of Recognition - Elks Lodge C. Certificate of Recognition - Elks Ladies D. Certificate of Recognition - First Assembly of God E. Certificate of Recognition - H.O.P.E. F. Certificate of Recognition - Lake Elsinore Calvary Chapel G. Certificate of Recognition - St. Francis of Rome H. Certificate of Recognition - VFW Post 1508 Councilmember Hickman called Kathy Marold, Joe Franco, Pastor Mike Brisson, Kathy Early, and Pastor Fred Rodriguez forward for the presentation. Councilmember Hickman commented that the individuals represented organizations that volunteered to help H.O.P.E with preparing the Thanksgiving dinners for the homeless and the elderly. Pastor Brisson of Cornerstone Community Church commented that members of the church community donated food items, money and time. He thanked everyone involved. Kathy Marold thanked everyone involved. Councilmember Hickman called Ron Hewison of H.O.P.E., Richard Gramata of the Elks Lodge and Wayne Ellsworth of the VFW Post 1508. He commented that H.O.P.E. had given out 350 baskets for Thanksgiving. He commented that Mr. Ellsworth and the VFW served meals at the Agenda Item No. Page_ of_ Page 4- City Council Minutes - December 13, 2005 Diamond Stadium. He commented that Mr. Gramata and the Elks Lodge served dinner at the Elks Lodge to over 400 people. Mr. Ellsworth thanked the Council for the recognition. Mr. Gramata thanked the Council for the recognition. Mr. Hewison thanked the H.O.P.E volunteers and the partnerships with the local church community and community organizations. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE peidre Person, 14605 Fair Oak Drive, commented on incidents in her neighborhood. She noted that she had been before the Public Safety Advisory Commission regarding the same issues. She indicated that her home was burglarized, there was graffiti throughout her neighborhood and mailboxes were being burglarized as well. She also noted that cars had been burglarized while parked in driveways of the homeowners. She indicated that there would be a Neighborhood Watch formed in her neighborhood. She commented that she wanted assurance that the resources were being allocated appropriately. She indicated that she was pleased to see that there were 3 additional officers added to the Lake Elsinore Police Department. Donna Franson, Lake Elsinore Citizen Committee, commented that their news letter had been mailed to the residents. She noted that citizens were showing concerns regarding the traffic issues within the City. She read a comment card the Committee had received that offered a positive stand point on the growth of the City. Pete Dawson, 18010 Grand Avenue, commented on the Laing Home project in the back basin. He reminded Council and the community that the golf course and club house was to be completed priar to any dwelling occupancy. Chris Hyland, Lake Elsinore, commented that she was against building in the back basin. She indicated that she had attended a water conference in San Diego. She commented that there were 8 earthquakes in the back basin. She also commented that the levy would not keep a flood from occurring in the City. She noted that there was a map that showed different land elevations in the back basin. Agenda Item No. Page_ of_ Page 5- City Council Minutes - December 13, 2005 Ruth Atkins, Downtown Merchant Association, commented that the Open Air Market would start in January 2006 and would take place on the 4"' Sunday of every month. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 10. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIIVIOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH MODIFICATION TO THE MINUTES. The following Minutes were approved: a. Joint City CounciURedevelopment Agency Study Session - October 11, 2005. b. Regular City Council Meeting - October 25, 2005. c. Regular City Council Meeting - November 8, 2005. 2. Ratified Warrant List for November 30, 2005. 3. Adopted Resolution No. 2005-168 to Annex property from Annexation Area No. 16 (TR 32129) into the CFD 2003-1 and Schedule the public hearing on Annexation Area No. 16 (TR 32129) for January 24, 2006. 5. Adopted Resolution No. 2005-170 to Annex Property from Annexation Area No. 15 (La Strada) into the CFD 2003-1. Schedule the public hearing on Annexation Area No. 15 (La Strada) for January 24, 2006. 6. Approved Engineer's Report for Annexation No. 8(La Strada) to LLMD No. 1. Adopted Resolution 2005-171 to Annex into LLNID No. 11. Schedule the public hearing on the District Formation for January 24, 2006. 7. Approved Final Map No. 33191, subject to the City Engineer's acceptance Agenda Item No. Page_ of_ Page 6- City Council Minutes - December 13, 2005 as being true and correct. Authorized the City Clerk to accept all dedications, sign the map and arrange far the recordation. Approved Final Map No. 28214-4, subject to the City Engineer's acceptance as being true and correct. Authorized the City Clerk to accept all dedications, sign the map and arrange for the recardation. 9. Approved Poe Street pavement rehabilitation Change Order No. 2. 11. Rejected claims and directed the City Clerk to send letters informing the claimants of this decision. ITEM PULLED FROM THE CONSENT CALENDAR 4. Resolution initiating proceedings and approving the Engineer's report for the Annexation of certain territory known as Tracts 30698 & 32129 into the City of Lake Elsinare Landscape and Street Lighting District No. 1, as LLMD Annexation No. 9(TR 30698 & 32129). MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE ENGINEER'S REPORT FOR ANNEXATION NO. 9(TR 30698 & 32129) TO LLMD NO. 1, ADOPT THE RESOLUTION 2005-169 TO ANNEX INTO LLMD NO. 1. SCHEDULE THE PUBLIC HEARING ON THE DISTRICT FORMATION FOR JANUARY 24, 2006. 10. Alberhill Ranch Community Park Conceptual Design Approval. Councilmember Kelley called forward Bob Parmally and Tom Thomlason, representatives of Castle & Cooke. She noted that they were instrumental in bringing the Boys & Girls Club to Lake Elsinore. She requested that they commented on the design of the park. Mr. Parmally gave overview of the conceptual design. He indicated that from an engineering and design concept standpoint they supported the design before Council. He indicated that Castle & Cooke was committed to completing the park by August 2006. Councilmember Kelley commented that there would be a Police substation located in the park. Agenda Item No. Page_ of Page 7- City Council Minutes - December 13, 2005 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE ALBERHILL RANCH COMMUNITY PARK CONCEPTUAL DESIGN. PUBLIC HEARINGS 21. Supplemental Environmental Impact Report (SCH No 20050610331• General Plan Amendment No. 2005-07; Amendment No. 8 to the East Lake Specific Plan No. 93-3; and Vesting Tentative Tract Man No 34017. Mayor Magee introduced the item and opened the public hearing at 7:25 p.m. Mayor Magee deferred to Community Development Director Preisendanz. Mr. Preisendanz gave an overview of the item. He indicated that the proj ect went before the Planning Commission on December 6, 2005. He further indicated that the Planning Commission was recommending approval of Vesting Tentative Tract Map No. 34017. He also indicated that the Planning Commission failed to make recommendation to the City Council regarding adoption of Findings of Consistency with MSHCP, Certification of the Supplemental Environmental Impact Report, General Plan Amendment No. 2005-07 and Amendment No. 8 to East Lake Specific Plan No. 93-3. He noted that staff was recommending that the Agency Board concurred with City Council action to adopt the resolution for the MSHCP, resolution for Certification of the Supplemental EIR, resolution for General Plan Amendment No. 2005-07, Ordinance approving Amendment No. 8 to East Lake Specific Plan No. 93-3 and resolution approving Vesting Tentative Tract Map No. 34017. He noted that there was a clarification made during the Study Session, which staff had removed the proposal to change the roadway classification of Bundy Canyon Road from an urban anterior 120 foot right-of-way to a modified 41ane 112 foot right-of-way. Karl Gulledge, Skydive Elsinore, commented on the history of the airport. He commented on the Laing Homes in the back basin. He noted that he was in support of the LiJMOS project. He indicated that the airport continued to have a future. He indicated that the Council had always supported the airport. Agenda Item No. Page_ of_ Page 8- City Council Minutes - December 13, 2005 Thomas Mongolia, 33143 Marvell Lane, commented that he had been an employee for the Lake Elsinore Motocross Park for the past 2 years. He expressed the importance of the park for the youth. Joshua Leone, 33143 Marvell Lane, commented that he had been an employee of the Lake Elsinore Motocross Park for the past 3 years. He commented that the park provided him the opportunity to occupy his time and help other people. He commented that he supported the development. Krystal Carlson, 28755 Hapshire, Quail Valley, commented that she was also employed by the Motocross Park and she was in support of the project. Sarah Rennaker, 33805 Vino Way, commented that she was also employed by the Motocross Park and the park had brought her family closer. She noted that the park was fun for her family. Randy Hiner, 4355 San Fermin, Temecula, commented that he was in support of the LUMOS project. He felt that LLTMOS was able to bring a housing development to the City while keeping the recreational aspect in the area. He noted that the Motocross Park would be relocated. He commented that they would be located in a bowl type area and the noise and dust issue would be eliminated. Tyson Burmeister, 3177 Shadow Canyon Circle, Norco, commented that he was a professional motocross rider. He indicated that he attended the park 3 times per week. He commented that it allowed him to pursue his career. He commented that he was in support of the project. J.R. Worcester, 33805 Sweetwater Canyon Road, commented that he was in support of the project. He noted that there was nowhere to ride if the track was closed permanently. Pete Dawson, 18010 Grand Avenue, commented that the East Lake back basin should be reserved for non residential uses. He noted recreational uses were perfect for that area. He noted that the project proposed homes in the flood plains. Thomas Grady, Lake Car Wash, commented on the project. He noted that he had reviewed the plans, and the residential and recreational aspects were complimentary. He noted that the project would be beneficial from an Agenda Item No._ Page_ of Page 9- City Council Minutes - December 13, 2005 economic standpoint for the southern part of the City. He noted that he was in support of the project. Kim Cousins, Lake Elsinore Valley Chamber of Commerce President, commented that the chamber and its Board of Directors were in support of the project. He noted the project provided a buffer against residential development. He noted that the airport and motocross were unique to the community and needed to be protected. He noted that both facilities brought large numbers of out-of-town visitors. Leonard Leichnitz, LLJMOS Communities, commented that he had spoken to members of the community; and the response he received was that the community wanted to preserve and enhance recreational opportunity in the back basin. He noted the revisions made to their plans. He noted that their plans were reduced by nearly 600 units than what the existing Specific Plan reflected. Mayor Magee closed the public hearing at 7:45 p.m. Councilmember Buckley commented that he had opposed the Laing project in the back basin area. He noted that there were issues with building in the flood plains and he felt that nonresidential usage was better. He noted that the project had a better design than the Laing project. He noted the importance of the airport in the community. Councilmember Hickman questioned the water table. Mr. Leichnitz indicated that the water table fluctuated at different areas of the project. He noted that it was at its highest in the residential area and they would be adding another 12 feet of dirt; and it was at it lowest in the recreational area. He noted the recreational area was the main concern. Councilmember Kelley complimented Mr. Leichnitz on the architectural design. She noted the Specific Plan before Council was a major improvement. Mayor Pro Tem Schiffner commented that with the project they were able to establish a location for the airport and the park. Mayor Magee commended Mr. Leichnitz on his approach of this project. He noted that Mr. Leichnitz took the time to become familiar with the Agenda Item No._ Page_ of Page 10 - City Council Minutes - December 13, 2005 community and the concerns of the residents. He noted that the homes would be built above flood plain elevation; and the recreational uses would be built below the flood plain elevation. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-172 FOR FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-173 FOR CERTIFICATION OF THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2005061033) MOVED BY KELLEY, SECONDED BY BUCKLEY, AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-174 APPROVING GENERAL PLAN AMENDMENT NO. 2005-07 WITH MODIFICATIONS TO CONDITION NOS 7 AND 51 TO ADD "UNTIL MARCH 30TH, 2006. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1166, APPROVING AMENDMENT NO. 8 TO THE EAST LAKE SPECIFIC PLAN NO. 93-3. ORDINANCE NO. 1166 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING AMENDMENT NO. 8 TO THE EAST LAKE SPECIFIC PLAN NO. 93-3, LOCATED SOUTH OF MISSION TRAIL, WEST OF CORYDON STREET, NORTH OF COMO STREET AND EAST OF THE PROPOSED JOHN LAING HOMES PROJECT AND KNOWN AS ASSESSOR'S PARCEL NOS. 370-020-003; 370-030-004, -006, AND -012; 370-040-036 THRU -038; 370- 070-001, -002, -004 THRU -006; AND -010; 370-OSO-009 AND -010. UPON THE FOLLOWING ROLL CALL VOTE: Agenda Item No. Page_ of_ Page 11- City Council Minutes - December 13, 2005 AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: CONDITION OF APPROVAL PLANNING DIVISION NONE NONE NONE 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Amendment No. 8 to the East Lake Specific Plan No. 93-3, which action is brought within the time period provided for in California Government Code Sections 65009 and/ar 6649937, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $914.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MNII') adopted for this project, as printed with the certified Final Supplemental Environmental Impact Report (State Clearinghouse #2005061033). Agenda Item No. Page_ of Page 12 - City Council Minutes - December 13, 2005 4. The applicant shall fund the implementation of the M1VIP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. No Development Agreement by and between the City of Lake Elsinore and the applicant has been recorded for this proj ect. 6. The applicant shall sign and return an"Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 7. The applicant shall submit 15 final revised copies upon approval of Amendment No. 8 to the East Lake Specific Plan No. 93-3. a. The revised copies shall adjust all references to the total number of dwelling units allowed in SPA #8 from 1, 796 units to 1, 668 units. b. The revised copies shall adjust the Governing Statistical Table - Amendment 8 Area, Appendix A, following Page VI-6. Revised by Staff, December 7, 2005. 8. The developer sha11 provide an educational interpretive sign program along the open space areas for the benefit of families interested in the Multi-Species Habitat Conservation Program. 9. Land uses allowed in the Specific Plan No. 8 area shall comply with the Department of Transportation Land Use Compatibility Guidelines. COMMiJNITY SERVICES DEPARTMENT 10. A water feature/lake on 5 acres is scheduled to be constructed as part of Designation #2 in Figure 16 - Open Space Plan of the Amendment to the East Lake Specific Plan No. 93-3. If City elects not to accept a lake within a public park, the lake amenity will be eliminated from the park. Agenda Item No. Page_ oF_ Page 13 - City Council Minutes - December 13, 2005 OTHER AGENCIES 11. The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District, as detailed in their letter dated May 17, 2005 Attachment: RCFCWCD letter dated May 17, 2005 (End of Conditions) MOVED BY KELLEY, SECONDED BY BUCKLEY, AND CARRIED BY iJNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-175 APPROVING VESTING TENTATIVE TRACT MAP NO. 34017. CONDITIONS OF APPROVAL PLANNING DIVISION 1. Vesting Tentative Tract Map No. 34017 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinare City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maa~imum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the final map, he shall comply with this Condition, shall design the phasing consistent with Amendment No. 8 to the East Lake Specific Plan Na 93-3, and shall comply with the requirements of the SMA. 2. Vesting Tentative Tract Map No. 34017 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (Title 16), unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Vesting Tentative Tract Map No. 34017, which action is brought within the time period provided for in California Government Code Sections 65009 Agenda Item No._ Page_ of_ Page 14 - City Council Minutes - December 13, 2005 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $914.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall comply with the Mitigation Monitoring & Reporting Program (MMRP) adopted for this project, as printed with Supplemental Environmental Impact Report (State Clearinghouse No. 2005061033) for Waterbury, unless superceded by these Conditions. 6. The applicant shall fund the implementation of the MNII' through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, the documents submitted by the applicant, the permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the proj ect. 7. Conditions of Approval for Amendment No. 8 to the East Lake Specific Plan No. 93-3, and Conditions of Approval for previous amendments and the original specific plan that pertain to this site as determined by the Community Development Director, shall apply to Vesting Tentative Tract Map No. 34017. The Community Development Director shall make his determination prior to March 30, 2006. Revised by the City Council, December 13, 2005. 8. Vesting Tentative Tract Map No. 34017 must comply with the Development Standards for Amendment No. 8 to the East Lake Specific Plan No. 93-3. Agenda Item No. Page_ of_ Page 15 - City Council Minutes - December 13, 2005 9. The applicant shall sign and retum an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Vesting Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: lO.The applicant shall comply with all requirements of the Riverside County Fire Department. 11.A11 lots shall comply with minimum development standards approved with Amendment No. 8 to the East Lake Specific Plan No. 93-3. Wherever the Specific Plan is silent, the standards of the most similar residential zone shall apply. 12.A precise survey with closures far boundaries and all lots shall be provided per the LEMC. 13.Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 14.A11 of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 15.Prior to final map approval, the applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas within the residential planning areas. The HOA shall maintain or shall coordinate with the appropriate agency approved by the Community Development Director or his designee, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOA far such service. Agenda Item Na_ Page_ of Page 16 - City Council Minutes - December 13, 2005 16.A11 lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 17.The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements, or maintained by another entity approved by the Community Development Director. HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERNIITS: 18.A11 future structural development associated with this map requires separate Design Review approval. 19.The applicant shall submit for review and approval by the Community Development Director a Phasing Plan that shows primary, secondary and construction access. 20.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence befare 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 21.Upon violation by the applicant of the City's Noise Ordinance or Condition of Approval #20, the applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a$5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 22.Priar to the issuance of a grading permit, the applicant shall have a burrowing owl survey prepared by a licensed biologist, and submitted to the Community Development Department. Agenda Item No._ Page_ of_ Page 17 - City Council Minutes - December 13, 2005 23.Prior to the issuance of a grading permit, the applicant shall prepare a Determination of Biologically Equivalent or Superior Preservation (DBESP) report and submit the report to the Community Development Department. 24.Prior to the issuance of a building permit, the applicant shall pay the City's Multiple Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 25.Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b)(2) of the California Community Redevelopment Law (Health & Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot of assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. Revised by the City Council, December 13, 2005. 26.The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 27.The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). Agenda Item No._ Page_ oF_ Page 18 - City Council Minutes - December 13, 2005 28.A11 storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. 29.The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer andJor the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 30.The applicant shall meet all requirements of the providing electric utility company. 31.The applicant shall meet all requirements of the providing gas utility company. 32.The applicant shall meet all requirements of the providing telephone utility company. 33.A bond is required guaranteeing the removal of all trailers used during construction. 34.A11 signage shall be subject to Planning Division review and approval prior to installation. 35.Landscape Plans for the tract shall: a. Include vegetative screening of retention basins and service roads consistent with that depicted in Amendment No. 8 to the East Lake Specific Plan No. 93-3. b. Include street landscaping design consistent with previously approved plans far Diamond DriveBundy Canyon Road. 36.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be Agenda Item No. Page_ of Page 19 - City Council Minutes - December 13, 2005 provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REUIEW: 37.Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director ar his designee, far review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 38.Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to issuance of a Certificate of Occupancy. 39.Downslopes adjacent to streets in the residential areas shall be maintained by the HOA. 40.A detailed fencing plan shall be required for review and approval during the Design Review process. 41.A detailed lighting and street furniture plan shall be submitted to the Community Development Director for review and approval. 42.A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. Agenda Item No._ Page_ of _ Page 20 - City Council Minutes - December 13, 2005 ENGINEERING DIVISION 43.Applicant shall implement the on- and off-site improvements shown on Table 3.10-9 of the Final SEIR for Waterbury. The off-site improvements required in the "Without Project" columns are assumed to be constructed by others and/or through TIF or TUMF programs. To the extent that these improvements are not constr5ucted by others, the applicant shall provide the "Without ProjecY' improvements subject to a reimbursement agreement with the City. 44.Applicant shall construct a traffic signal and intersection enhancements at the intersection of Diamond Drive (Bundy Canyon Road) and Corydon Street. The alignment shall be coordinated through the Engineering Division. 45.Applicant shall align Street "B" to align with Olive Street. 46.Applicant shall construct the extension of Diamond Drive through the project. The cross section shall conform to the recommendations in the approved traffic study. 47.As part of the intersection widening at Diamond Drive and Corydon Street, Applicant shall construct a median on Diamond Drive which extends 300- feet north of the intersection at Corydon. The median shall accommodate left turn traffic traveling from Diamond Drive onto Corydon and align with the proposed alignment of Bundy Canyon Road. 48.Some improvements shown on the map and/or required by the conditions contained herein, are located off-site on property which neither the developer nor the City has sufficient title or interest to permit the improvements, without acquisition of title or interest. The developer shall make a good faith effort to acquire the required off-site property title or interest. If unsuccessful, the developer shall enter into an agreement with the City to complete the improvements pursuant to the Subdivision Map Act, Section 66462.5. Such agreement shall provide for payment by the developer of all costs incurred by the City to acquire the off-site property title or interests required in connection with the subdivision. Agenda Item No._ Page_ of Page 21- City Council Minutes - December 13, 2005 49.Internal streets as shown on Vesting Tentative Tract Map No. 34017 shall comply with the approved roadway cross sections shown in the traffic study document. SO.Per Ordinance 1105 as interpreted by the Flood Plain Administrator, the minimum top of foundation elevation shall be 1267. No pad shall be constructed below this elevation unless approved by the City Engineer. Also per Ordinance 1105, imported fill from beyond Corydon, Mission Trail, Lakeshare Drive, Riverside Drive or Grand Avenue shall not be allowed. 51. Applicant shall comply with the regulations stipulated in Amendment No. 8 to the East Lake Specific Plan No. 93-3, as well as regulations approved with the East Lake Specific Plan and its previous amendments that are not covered by SPA #8 but pertain to the site as determined by the Community Development Directar. The Community Development Director shall make his determination prior to March 30, 2006. Revised by the City Council, December 13, 2005. 52.Intersecting streets shall comply with minimum Caltrans required sight distance. 53.Each phase of construction shall have two operational, all weather roadways as approved by the Fire Department. 54.Applicant shall process Roadway vacations for Elsinore Road, Cereal Street as configured within the project. The Vacation shall be processed in conjunction with this final map. SS.Drainage currently flowing into this project shall continue to be accepted into the open space areas. 56.A11 Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 57.A11 Capital Improvement, Mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). Agenda Item No._ Page_ oF_ Page 22 - City Council Minutes - December 13, 2005 58.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this proj ect. Letter shall be submitted prior to Final Map Approval. 59.A11 public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 60.The applicant shall be responsible for making such changes as may be required to access the properties currently fronting Cereal Street adjacent to Corydon Street, to accommodate the proposed alignment of Diamond Drive. 61.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 62.Applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public warks improvements (LEMC 12.08 and Resolution 83-78). 63.A11 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 public warks improvements will be scheduled and approved. 64.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approvaL 65.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. 66.Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 67.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. Agenda I[em No._ Page_ of Page 23 - City Council Minutes - December 13, 2005 68.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 69.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs for streets within the tract. 70.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or applicant to pay $300 per sheet for City digitizing. 71.All utilities except electrical power lines greater than 12KV shall be placed underground, as approved by the serving utility. 72.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineering Manager. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 73.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 74.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 75.A11 grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. Agenda Item No._ Page_ of Page 24 - City Council Minutes - December 13, 2005 76.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non-historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. 77.On-site drainage facilities located outside the road right-of-way shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 78.A11 natural drainage traversing the site shall be conveyed through the site, ar shall be collected and conveyed by a method approved by the City Engineering Manager. 79.Applicant shall submit Hydrology and Hydraulic Reports for review and approval by the City Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of the site and diversion of drainage. 80.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 81.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineering Manager. 82.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 83.Ten-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of-way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 84.Applicant shall be subject to all Master Planned Drainage fees. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. 85.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. Agenda Item No. Page_ of_ Page 25 - City Council Minutes - December 13, 2005 86.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development, including maintenance responsibilities. 87.Educational guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 88.Applicant shall provide far first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 89.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 90.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds priar to final map approval. 91.In accordance with the City's Franchise Agreement far waste disposal and recycling, the applicant shall be required to contact with CR&R Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. COMMiJNITY SERVICES DEPARTMENT 92.Developer to pay park fees of $1,600 per unit. The park fee shall be subject to credits for park dedication and construction and, to the extent such credits exceed the total park fees payable, the City shall reimburse applicant from Agenda Item No._ Page_ of_ Page 26 - City Council Minutes - December 13, 2005 other park fees collected from future development within the East Lake Specific Plan." 93.Developer will be required to participate in the "Public Facility" fee program. 94.A11 interior landscape, recreation areas, facilities and/or open space to be maintained by the HOA. No park credits shall apply. 95.If the Community Center is to be a private facility, no park credits will be given. 96.HOA to maintain all parkway and common landscape areas. 97.HOA to maintain all natural and manufactured slopes. 98.HOA to maintain all drainage facilities and structures. 99.HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 100. Developer to participate in the City-wide LLNID. 101. Developer to annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 102. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 103. Developer to provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 104. City to review and approve all park development and implementation plans. 105. City's Landscape Architect to review all landscape and/or irrigation plans. Agenda Item No._ Page_ of _ Page 27 - City Council Minutes - December 13, 2005 106. City to maintain the detention basin only. HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 107. A water feature/lake on five acres is scheduled to be constructed as part of Designation #2 in Figure 16 - Open Space Plan of the Amendment to the East Lake Specific Plan No. 93-3. If City elects not to accept a lake within a public park, the lake amenity will be eliminated from the park. 108. A twelve-acre sports park will be located in Designation #3 of Figure 16 - Open Space Plan of the Amendment to the East Lake Specific Plan No. 93- 3. The sports park improvements shall be included as Faze 1, or as soon as utilities are available to initiate construction of the site. Utilities shall include all wet and dry services. 109. The park plan to be designed by the developer and approved by the City prior to construction. DEPARTMENT OF ADMINISTRATIVE SERVICES Annex into CFD 2003-1 110. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Annex into LLMD No. 1 111. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Agenda Item No. Page_ of_ Page 28 - City Council Minutes - December 13, 2005 CFD for Park, Parkwav, Open Space and Storm Drain Maintenance 112.Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. OTHER AGENCIES 113.The applicant shall comply with the requirements of the Riverside County Flood Control and Water Conservation District dated October 19, 2005. APPEALS 22. Appeal to City Council of Determination and Order, of Abatement of Nuisance. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave overview of the item. He indicated that the item was an appeal of a decision made by the Nuisance Abatement Board. He noted the address was 1411 Pottery. He indicated that the mobile home was placed on the lot without permits or design review and approval by the Planning Commission. He indicated that a septic tank was installed and a foundation was dug without any permits from the City. He commented that the City had placed a stop work notice on the property. The property became an attraction nuisance and was sent before the Nuisance Abatement Board. Robert Rosenstein, Attorney representing the property owner, commented that the citation and notice of abatement were issued incorrectly. He indicated that the owner was in the process of obtaining all necessary permits. He commented that there were 4 properties that were put in place simultaneously. He indicated that the City had lost the plans for the other 3 properties; and it was announced at the Abatement hearing that the plans were found and the proper permits would be issued. He requested that the Council overruled the Nuisance Abatement Board decision. Agenda I[em No._ Page_ of_ Page 29 - City Council Minutes - December 13, 2005 Councilmember Buckley questioned if there were permits in process. City Manager Brady commented that if the project had not gone before the Planning Commission design review the permits could not have been issued until that process had been completed. Councilmember Buckley clarified that the building was in place prior to Planning Commission approval. Building & Safety Manager Chipman confirmed. He indicated that there were no permits, although the applicants had applied for permits. Mr. Chipman eaplained that the applicant submitted one set of structural plans for 4 different sites and submitted grading plans and site plans for each of the lots. He further explained that the plans were not lost; they were tagged incorrectly because of the four separate addresses. He noted that the applicant placed the mobile home on the lot without approval and that they had not submitted any plans to show the configuration of this particular site as well as if the home could be placed on the site and meet the setback requirements. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO UPHOLD THE DECISION OF THE N[TISANCE ABATEMENT HEARING BOARD, DECLARING THE PROPERTY LOCATED AT 1411 POTTERY STREET A NUISANCE AND DENY THE APPEAL AND THE CITY MOVE FORWARD ON THE OTHER NON-PERMTTTED UNITS. Councilmember Hickman commented that they would not begin construction of a stick built home without obtaining a permit and this was no different. Mr. Rosenstein explained that one of the construction supervisors had told his clients that he had received the permission from the City to move the homes onto the properties. Mayor Pro Tem Schiffner questioned if there was in fact a septic tank installed at the property in question. Mr. Rosenstein commented that from his understanding no such work had been done. Mayor Pro Tem Schiffner commented that everything that had been done at that property was done without a permit. Councilmember Kelley commented that the Council had received complaints from residents; and the properties had become an attractive nuisance. She noted that the homes were placed on the lots in June 2004. Councilmember Buckley commented that the property at 1411 Pottery did have a septic tank; and noted that the engineering plans for all four Agenda Item No. Page_ of Page 30 - City Council Minutes - December 13, 2005 properties could not be identical unless the homes were being placed on the same lot. Mayor Magee commented that the septic tank permits were issued by Riverside County Health Department and Council did not have that permit. Mr. Rosenstein commented that he had given the permit at the Nuisance Abatement hearing. City Manager Brady commented that he was not aware of a permit being issued and deferred to Community Development Director Preisendanz. Mr. Preisendanz indicated that the main issue was that there was no Planning Commission approval for the site. He indicated that staff could verify if there was Health Department approval. Mayar Magee commented that there had been a septic tank and a mobile home unit stored in the City for over a year. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Commercial Design Review No. 2005-02 known as Lake Elsinore Ford. Mayor Magee introduced the item and deferred to Community Development Director Preisendanz. Mr. Preisendanz gave overview of the item. He indicated that the project went before the Planning Commission on December 6, 2005. He further indicated that the Planning Commission was recommending approval to the City Council. Councilmember Buckley commented that he would support the project if the request for the tax reimbursement was brought back before the Council in 60 days and that it be no higher than the offer to Chevrolet, that it and included a full and detailed list of the work to be done and that it reconciled with a previously approved channel related reimbursement. Councilmember Hickman commented that he was concerned with parking. He questioned if there would be adequate parking. Mayor Pro Tem Schiffner questioned the parking requirements specified by the City. Community Development Director Preisendanz explained that there were 355 parking spaces required for the project based on the Agenda Item No._ Page_ of _ Page 31- City Council Minutes - December 13, 2005 development code; and the applicant was proposing 687 spaces on the site. He commented that they have spoken to the applicant about employee parking. Councilmember Kelley questioned if this development would alleviate the vehicles parked in the dirt lot along Auto Drive. Mayor Magee commented that the portion of the property that fronted on Lakeshore Drive was showing as non-paved. He questioned if vehicles would be parked in that area. Mr. Preisendanz commented that there would be no cars parked in that area. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION 2005-176 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN. ADOPT RESOLUTION NO. 2005-177 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-06, ADOPTING RESOLUTION NO. 2005-178 APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-02 AND ALLOW 6 MONTHS FOR STAFF TO BRING BEFORE COUNCIL A REIMBURSEMENT AGREEMENT WITH LAKE ELSINORE FORD. GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officexs, Employees, Agents, and its Consultants ~om any claim, acrion, ox proceeding against the City, its Officials, Officezs, Employees, ox Agents to attach, set aside, void, ox annul an appxoval of the City, its advisory agencies, appeal boaxds, ox legislarive body concexning implementation and construcrion of the pxoposed pxoject, which acrion is bought within the time pexiod pxovided fox in Califoxnia Government Code Secrions 65009 and/ox 66499.37, and Public Resouxces Code Section 21167. The City will pxompdy notify the appGcant of any such claim, acrion, ox pxoceeding against the City and will cooperate fully with the defense. PLANNING DIVISION 2. Approval of the idenfified project applications will lapse and be void unless building permits aze issued within one (1) year. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Condifions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements approved with this request sha11 be constructed as indicated on the Agenda Item No. Page_ of_ Page 32 - City Council Minutes - December 13, 2005 approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Plamiing Commission/City Council through subsequent action. 5. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. The applicant shall comply with the City's Noise Ordinance Chapter 17.78 (Noise Control) of the LEMC. 7. The use of an outdoor public address system shall not be allowed. 8. The applicant shall not allow test driving of vehicles by customers and/or employees through residential areas. All test driving traffic shall be directed to; Auto Center Drive, major arterial streets or to the I-15 freeway. 9. Prior to the issuance of a building permit (i.e. light standazds), the applicant shall provide a photometric study. Said study shall be reviewed and approved to the satisfaction of the Community Development Director. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring properiy and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 10. The applicant shall prepaze a final wa11 and fence plan subject to the review and approval of the Community Development Director or designee. In addition, a decorative masonry wall shall be constructed along the west side of the planter identified to the north of the "pre-owned" sales office building. 11. Trash enclosures shall be conshucted per City standards as approved by the Community Development D'uector or designee, prior to issuance of building permit. 12. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a$1,000.00 cash bond for each. 13. Pazking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 14. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 15. Painted arrows on the asphalt shall be located at all internal drive aisles. 16. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 17. All roof mounted or ground support air condi6oning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that Agenda Item No._ Page_ of Page 33 - City Council Minutes - December 13, 2005 they are not visible from neighboring property ar public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan sha11 be approved by the Community Development Director, prior to issuance of building permit. 18. Applicant sha11 comply with the requirements of the Elsinore Va11ey Municipal Water District. Proof shall be presented to the Chief Building Official priar to issuance of building permits and final approval. 19. All exterior on-site lighting shall be shielded and directed on-site so as not to create glaze onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the azchitecture of the building. 20. All exterior downspouts shall be painted to match the building color. 2L Materials and colors depicted on the materials boazd shall be used unless modified by the Community Development Director or designee. 22. Prior to issuance of a Grading Pernut the applicant shall pay the appropriate MSHCP Fee. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District haue been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay pazk-in-lieu fee in effect at time of building pernut issuance. 26. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an"Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 27. The final landscaping/ixxigarion plan is to be xeviewed and appxoved by the City's Landscape Axchitect Consultant and the Community Development Dixectox ox Designee, priox to issuance of building pernvt. A Landscape Plan Check Fee will be chaxged priox to final landscape approval based on the Consultant's fee plus foxty pexcent (40%). a. All planting azeas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees; selected from the City's Street Tree List, maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. c. All planting areas shall be sepazated from paved azeas with a six inch (6") high and six inch (6") wide concrete curb. Agenda Item No. Page_ of Page 34 - City Council Minutes - December 13, 2005 d. Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. £ 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. g. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two yeazs with approval/acceptance by the Landscape Consultant and Community Development Director or Designee h. All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. i. Final landscape plan must be consistent with approved site plan. j. Final landscape plans to include planting and irrigation details. 28. The applicant shall comply with all mirigation measuxes identified in the Mirigation Monitoring Pxo~am fox Mitigated Negarive Declazarion No. MND 2005-06. 29. The applicant shall comply with Chaptex 17.98 of the Lake Elsinoxe Municipal Code (LEMC) xegaxding all tempoxaiy use activities. ENGINEERING DIVISION 30. The applicant shall dedicate right-of-way and shall construct full half width improvements on Auto Center Drive. Right-of-way dedication and improvements shall be consistent with general plan circulation element for a major roadway. Development shall construct median along Auto Center Drive for full frontage width of the project. Median design shall maintain existing circulation patterns. A striping and signing plan will be conditioned and it will show striping from Mill Street to the bridge with special attention to the design and adequate tapers of traffic lanes to tan from the bridge to the new four lane facility on Auto Center Drive. 31. Dedication and right-of-way shall be consistent with the City's local street standard. 32. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. Agenda Item No. Page_ of_ Page 35 - City Council Minutes - December 13, 2005 33. The slope on the north side of the project shall be improved with long-term erosion control planting. 34. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the dischazge to a non-erosive velocity and that the down stream property owner is protected from the 100-year storm flows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constntcted to accommodate pressure flow. 35. Sight distance for ingress / egress at all driveways shall be unobstructed. 36. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of driveways. 37. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 38. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 39. All street improvements shall be installed and functioning prior to certificate of occupancy. 40. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26), mitigation fees, azea drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 41. 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 issuance of a building pernut. 42. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of a building permit (LEMC 1634). 43. Street improvement plans and specifications shall be prepazed by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standazds, latest edition, and City Codes (LEMC 12.04 and 1634). 44. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior issuance of a building permit. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Agenda Item No._ Page_ of_ Page 36 - City Council Minutes - December 13, 2005 46. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall obtain all necessazy off-site easements for off-site grading or construction from the adjacent property owners prior to issuance of a building permit. 48. 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. 49. Provide fire protection facilities as required in writing by the Riverside County Fire Deparhnent. 50. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 51. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 52. Applicant shali submit a traffic control plan showing all traffic control devices for the project to be approved prior to issuance of a building perxnit. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs far streets within the development. 53. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant sha11 submit tapes and/or disks which aze compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 54. Ali utilities (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the serving utility. 55. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yazds and a grading plan is not required, a grading pernut shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 56. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 57. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 58. All grading shall be done under the supervision of a geotechnical engineer and he shall certify a11 slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. Agenda Item No. Page_ of Page 37 - City Council Minutes - December 13, 2005 59. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 60. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 61. Individual lot 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. 62. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 63. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 64. Meet all requirements of LEMC 15.64 regarding flood hazazd regulations. 65. Meet all requirements of LEMC 15.68 regarding flood plain management. 66. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 67. Ali drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 68. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 69. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 70. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run-off on private property. 71. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Agenda Item No._ Page_ of_ Page 38 - City Council Minutes - December 13, 2005 72. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Boazd for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 73. Education guidelines and Best Management Practices (BMP) shall be provided to the manager of the business in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 74. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking azeas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 75. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 76. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 77. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by sepazate instrument or through map recordation. 78. The final map sha11 show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map as applicable. 79. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 80. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. 32. Commercial Desi~,n Review No. 2005-06 for the project known as "Holiday Inn Express Hotel". Mayor Magee introduced the item and deferred to Community Development Director Preisendanz to present the report. Agenda Item No._ Page_ of Page 39 - City Council Minutes - December 13, 2005 Mr. Preisendanz gave overview of the item. He indicated that the project went before the Planning Commission on November 15, 2005. He clarified that the CUP approved by the Planning Commission referenced two sites (Site 1 and Site 2) and that the project for Site 1 was the only item before the City Council. Any future hotel proposal for Site 2 will require a CUP and design review entitlements. As to Site 1, the Planning Commission approved a CUP which became final following the expiration of the appeal period. Mr. Preisendanz explained that the Commercial Design Review for Site 1 was the only issue on Council's Agenda. He further indicated that the Planning Commission was recommending approval to the City Council. He noted that traffic issues were reviewed. City Manager Brady restated that the CUP far Site 1 had been approved by the Planning Commission and became final upon expiration of the appeal period. The Commercial Design Review was the item on the City Council agenda for consideration by the City Council this evening. William Sampson, 31533 Canyon View Drive, commended the Council and staff on efforts to expand the growth of the City. He expressed his concerns with being selective in the types of businesses being brought into the community. He indicated that he was greatly concerned with a hotel being in close proximity of his housing tract. He requested that Council reconsider the hotel being in that particular location. Lon Bike, Architectural Team Three, commented that he was the architect on the project. He indicated that they have met all the concerns of staff. William Arnold, 31556 Sagecrest Drive, commented that the concerns and attitude of the immediate community surrounding the hotel had not been taken into consideration. He indicated that the Planning Commission Notice of Public Hearing was noticed incorrectly. He noted that with proper noticing the community would have responded as they were at this time. He commented that the growth in their area was benefiting one person. He expressed his views on the street lights and ancient equipment this individual has placed in their community. He pleaded with the Council that his residential community be treated fairly. Paul Van Duzee, 21058 Kimberly Court, commented that he understood that there was the possibility of two hotels in that area. He requested that Council reconsider the approval of this project. Agenda Item No. Page_ of Page 40 - City Council Minutes - December 13, 2005 Gary Gibson, 31516 Sagecrest Drive, commented on school buses not being able to properly travel the lanes due to trucks being parked on the streets. He commented on the traffic on Canyon Estates Drive. He also commented on the parking from Washington Mutual customers and employees. He indicated that he had spoken with Community Development Director Preisendanz. He noted the carefulness of the word usage of Mr. Preisendanz. He indicated that he asked if former Councilmember Pam Brinley was working with the owner and did not receive a straight answer. Jason Leinen, 31520 Sagecrest Drive, commented that the community was attending the meeting because they care about the community. He noted that he was against improper growth. He indicated that this project was not planned for progress. He commented that the hotel needed to be built in a more logical place. He noted that the community would not benefit from the project, only the developer, property owner and manufacturers of decorative towers. Bob Spiegel, 21066 Kimberly Court, commented that he was against any hotel in Canyon Estates. He commented on the traffic issues that the project would bring. David Moon, 31605 Ridgecrest Drive, commented that his community was not against commercial growth. He noted that they were against this particular project. He noted he had a petition with over 100 signatures that were against the project. He noted some of the comments made by Mr. Trivedi, Project Manager to the Planning Commission. Bill Dixon, 21067 Kimberly Court, commented that he was told by staff he would need to pay to file an appeal. He commented that it was not right that he would need to pay to be heard. He noted that the Planning Commission had more power than the Council with regards to this project. He indicated that the Council was elected by the people, but the Planning Commission had the power. He questioned the community trust in the Council if this was the case. He noted the incorrect noticing posted on the site. He noted the traffic issues. He indicated that if the Planning Commission had reviewed the facts that were provided, they could not have made this decision. He further indicated that they errored in the decision and should be held accountable. Agenda Item No._ Page_ of_ Page 41- City Council Minutes - December 13, 2005 Kim Cousins, Lake Elsinore Valley Chamber of Commerce, commented that the Chamber supported the project as proposed. He indicated that the community needed a hotel. Sachin Trivedi, Project Manager, commented that they had done everything to satisfy the LEMC and design issues. He noted that the traffic generated by this hotel would be significantly less than other business. He indicated that the hotel was not designed for semi-trucks and RV's. He commented that they removed two rooms to create a community meeting center. He noted that most of their clients were business clients. Councilmember Buckley inquired if the land owner was present. He indicated that CUP's were for exceptional projects such as the airport and motocross track. He suggested having the CUP Ordinance changed to CUP's determined by the Council. He noted that CUP's lasted one year. City Attorney Leibold explained that a building permit had to be pulled within a one year period ar the CUP would expire. Councilmember Buckley indicated that it was a failure in the notice. Councilmember Buckley indicated that the building itself was not that bad. He indicated that there was a problem with the parking issue. He indicated that the zoning was neighborhood commercial, which meant things that the neighborhood could use. He indicated that there were exemptions for the height and the square footage which was not usually permitted. He indicated that he could not support the project. Councilmember Hickman commented that staff used a traffic study from a 2000 study when there were 45 homes in that particular area. He noted that when the study was done the bridge over Frarilclin connecting into the Canyon Estates area was not built. He also noted the Washington Mutual employees parking in the street. He indicated that the CUP approval process needed to be changed. He noted that Planning Commission Chairman La Pere's term was ending June 2006 and it was a possibility he would run for City Council in 2006. He also suggested removing the fee far filing appeals. Councilmember Kelley commented that the decision had to be made on fact findings and what was before Council. She noted that she had been a resident since 1984. She indicated that the prior zoning was residential and in 2000 a zone change was brought before Council. City Manager Brady confirmed and noted that neighborhood meetings were held. He noted that Agenda Item No._ Page_ of Page 42 - City Council Minutes - December 13, 2005 the Specific Plan listed permitted uses and conditionally permitted uses and further allowed the Planning Commission to add conditionally permitted uses by adoption of a resolution. Councilmember Kelley confurned that the Planning Commission by Resolution gave the hotel use permission to be there and approved the CUP. She also clarified that the CUP needed to be appealed within 10 days with a applicable fee, unless appealed by a councilmember; which no fee would be required. Councilmember Kelley questioned if Community Development Director Preisendanz had spoken with any of the residents about the appeal process. Mr. Preisendanz indicated that he had spoken with Mr. Dixon the Friday of the Planning Commission Meeting; which was a holiday; and instructed Mr. Dixon to file the appeal by 5 p.m. Wednesday. Councilmember Kelley deferred to City Attomey Leibold to clarify the item Council was reviewing on this agenda. City Attorney Leibold indicated that it was the Commercial Design Review. City Attorney Leibold explained that any future proposal regarding a hotel on Site 2 would require a CUP for that site and would undergo the same process of design review. She clarified that the only use before Council related to Site 1. Councilmember Kelley clarified that if the design review was denied, then a new design would need to be brought back; but the project would not go away. City Attorney Leibold explained that under the Lake Elsinore Municipal Code if the application for design review was modified in such a substantial way that the issues had not been considered by the Planning Commission it would be taken back to the Planning Commission, and then to the City Council. She further explained that if the application was denied the Code prohibited the applicant from submitting the same or substantially the same design for that same use within a one year period. City Attorney Leibold further explained in more detail that following the denial of a design review application or the revocation of a design review approval, no application for a design review for the same or substantially same design concept on the same or substantially the same site shall be filed within one year from the date of denial or the revocation of the design review. Councilmember Kelley commented that there was a possibility of exposing the City to litigation. Agenda Item No._ Page_ of Page 43 - City Council Minutes - December 13, 2005 Councilmember Kelley commented that the project was not directly on Canyon Estates Drive; but was actually back one lot facing the freeway in a diagonal design. She noted that between the hotel and Canyon Estate Drive there was a possible business building to be proposed for that lot. She indicated that she had spoken with the project manager regarding the traffic, parking and the height of the building. Councilmember Kelley requested that the City Attorney explain the issue with the notice. City Attorney Leibold explained that the published notice was correct and was the required notice under the provision of the code. She deferred to Community Development Director Preisendanz. Mr. Preisendanz explained that the notice mailed out and sent to the newspaper had correct dates. He indicated that the notice posted on the site reflected an incorrect date. City Attorney Leibold indicated that the notice did not undermine the action of the Planning Commission. Councilmember Kelley requested an update from City Manager Brady regarding the improvements to Railroad Canyon Road. Mr. Brady indicated that the Council had funded $1.4 million for interim improvements and there were ultimate improvements to be done. He noted that the interim improvement would be within the next six months. He noted that the ultimate improvements would probably take place to 5 years from now. Councilmember Kelley stated that the hotel would have less traffic than other businesses that could be in that location. She noted that there was not a decent hotel within the City. She noted that she would be voting to support the hotel. City Treasurer Weber commented that in 1990, $55 million in bonds were issued and in 1997 the bonds had defaulted due to mismanagement. He noted that Councilmember Kelley was elected in 1994. He indicated that she was part of the workout plan, and part of the plan was giving away a lot of things to the developer and one was to give the developer that whole section of property that was now commercial. He indicated that the developer did not have to pay any special tax in which the City was now burdened with that tax. He commented that last year there were 81ots that were supposed to be for a fire station or park that Council allowed the developer to make residential. He indicated that the developer had made Agenda Item No. Page_ of_ Page 44 - City Council Minutes - December 13, 2005 campaign contributions to some councilmembers. He commented that it was a disgrace that former councilmember Pam Brinley was trying to politic the councilmembers to vote for this project. Mayor Pro Tem Schiffner commented that this is a difficult decision. He indicated that he respected the right of each resident. He indicated that this facility would not be the type of property the residents anticipated. He indicated that any hotel in the City would be a valuable improvement. He indicated that he would support the project. Mayor Magee commented that the Council was sensitive to the needs of the Summerhill residents. He indicated that he was concerned about the notice issue and he could not ignore that. He indicated that there was a parking issue not only with the hotel, but also with Canyon Estates Drive. He commented on the traffic issues. He commented that he lived and worked in the City and he traveled that area almost everyday. He indicated that another hotel was needed in Lake Elsinore. He commented that he stood on the other side of the dais two years ago and his voice was not heard and he would not forget that feeling. He indicated that there needed to be more community outreach between the developer, land owner and community. He further indicated that there can't be hearing like this every time a project was proposed in that particular development. He commented that he could not support the project as designed. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3-2 WITH KELLEY AND SCHIFFNER CASTING THE DISSENTING VOTES TO DENY COMMERCIAL DESIGN REVIEW NO. 2005-06. 33. Improvement Credit/Reimbursement A~reement for TUMF (Oak Grove Crossing Sho~ping Center. Mayor Magee introduced the item and deferred to City Engineer Seumalo. City Engineer Seumalo gave an overview of the item. He noted that the credit was estimated to be $312,363 and the total fee including the credit amount was $893,000. He reiterated that the agreement was to reimburse the developer. Agenda Item No._ Page_ of Page 45 - City Council Minutes - December 13, 2005 Councilmember Buckley reminded everyone that Oak Grove Crossing was the Target development. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMQUS VOTE TO APPROVE IMPROVEMENT CREDIT/REIMBURSEMENT FOR TUMF (OAK GROVE CROSSING SHOPPING CENTER). 34. Coo ep ration Agreement with Riverside County Flood Control and Water Conservation District and Cambern and Central Investors; Imnlementation A~reement with Cambem and Central Investors. Mayor Magee introduced the item and deferred to City Attorney Leibold. City Attorney Leibold gave overview of the item. She commented that the Cooperation Agreement, which establishes the relationship among the County Flood Control, property owner and the City regarding drainage improvements on the site, was brought before the City Council in March 2005. She explained that at that time, consideration of the Agreement was continued off-calendar in order to allow the parties to resolve inconsistencies with a previously approved lease agreement between the City and developer. She further explained that the inconsistencies had been resolved by way of an implementation agreement, such that the lease agreement could be implemented in a manner that was consistent with County Flood Control requirements. Councilmember Hickman noted that this was the drainage for Costco, Lowe's, Home Depot and future development. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNA1vIMOUS VOTE TO APPROVE COOPERATION AGREEMENT WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CAMBERN AND CENTRAL INVESTORS; AND TO APPROVE THE IMPLEMENTATION AGREEMENT WITH CAMBERN AND CENTRAL INVESTORS. The Regular City Council Meeting was recessed at 9:40 p.m. The Regular City Council Meeting was reconvened at 9:50 p.m. Agenda Item No. Page_ of Page 46 - City Council Minutes - December 13, 2005 35. Affordable Housing In-Lieu Fee Agreement and Inclusionary Housin~ Conditions of ap roval. Mayor Magee introduced the item and deferred to City Attorney Leibold. City Attorney Leibold ga~e an overview of the item. She indicated that the California Community Redevelopment Law requires that 15°/a of all new construction within the boundaries of a RDA project area is required to meet certain affordable housing standards. She explained that the City has, in an effort to assist the RDA in the implementation of its Redevelopment Plans and to address its own affordable housing goals and obligations, conditioned residential projects within the boundary of RDA project areas with a condition of approval requiring that those projects to 15% of the units as affordable housing, or alternative equivalent action such as the donation of land or payment of an in-lieu fee. She commented that there were several developers with projects that had this condition of approval. She indicated that most of them expressed an interest in paying an in-lieu fee. She noted the RDA Committee had reviewed the item and they had recently recommended to the City Council that the condition could be satisfied by the payment of the in-lieu fee equal to $2 per square foot for projects with existing entitlements conditioned upon satisfaction of the affordable housing requirement. City Attorney Leibold explained that there was a clarification requested by one of the developers that that she felt was consistent with the City and the Agency intent. The requested clarification is that if the fee is paid in accardance with terms of the agreement, the City and the Agency cannot pursue any additional exactions with respect to affordable housing as to that project. City Attorney Leibold indicated that the RDA Advisory Committee recommended that the City continue to evaluate the affordability gap and policy issues in connection with a Citywide Inclusionary Housing Ordinance; but between tonight and the effective date of a proposed Ordinance; that the City and the development community have some certainty as to what in-lieu fee would acceptable. She noted that the advisory committee was recommending $3.50 per square foot as the in-lieu fee for future projects that came between tonight and the date of a future Ordinance. Agenda Item No._ Page_ of_ Page 47 - City Council Minutes - December 13, 2005 Scott Woodward, property owner of Lakeview Villas commented that his project would be subject to the advisory committee's recommendation of $2 per square foot, in which he supported. Kristine Zortman, Shopoff Group, requested that Council move forward with adopting the Ordinance at the $2 per square foot. She expressed that there was a need for the development industry and BIA to get more involved and to commission an economic study to decide on an adequate fee. City Treasurer Weber commented on the fees. He indicated that $2 was a low fee. He commented that the City could not continue to give breaks to developers at the cost of the City's fiscal health. Councilmember Buckley commented that the fee was needed and an Ordinance needed to be created. He also suggested adding a density program. Councilmember Hickman questioned the fee and how it would affect the developers. Mr. Scott Woodward commented it would be a difference of $497,000 and $570,000. He indicated that with all the fees included he pays $30,000 in fees per unit in Lake Elsinare. Councilmember Kelley commented that the fees were passed along to the homebuyer thus making the gap bigger for home affordability. Mayor Pro Tem Schiffner commented that he would be in support of the $2 fee until the Ordinance was in place. Mayor Magee commented that the $2 fee needed to be carried far a minimum of six months. He indicated that it should be brought back before Council for the first meeting in June. He also indicated that there needed to be workshops with the RDA Committee taking the lead and the City needed to encourage the building community to participate and encourage them to build the actual product and not just pay the fee. He indicated that he agreed with Councilmember Buckley regarding the density program. MpVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AFFORDABLE HOUSING IN- LIEU FEE AGREEMENT AND INCLUSIONARY Agenda Item No._ Page_ of Page 48 - City Council Minutes - December 13, 2005 HOUSING CONDITIONS OF APPROVAL WITH THE ADJUSTMENTS AS INDICATED TO HAVE AN IN-LIEU FEE OF $2 UNTIL THE INCLUSIONARY HOUSING ORDINANCE AND THE RELATED ORDINANCES THAT ARE CREATED OUT OF THE COMMITTEE LED BY THE RDA COMMITTEE AND BROUGHT BACK BEFORE COUNCIL THE FIRST MEETING IN JUNE 2006. 36. Annual Financial Reports for Fiscal Year ending June 30, 2005. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Mr. Pressey gave overview of the item. He indicated that this year the City had an agreement with Diehl, Evans & Co. He noted that Daphanie Fuentes and Milton Partell were available for questions. Mr. Partell commented that the firm issued their opinion on the financial statements on the City, Redevelopment Agency, Public Finance Authority and Recreation Authority. He indicated that they had issued comments on Appropriation Limits, Management Recommendation Letter and Audit Committee Letter. City Treasurer Weber commented that the reports mirrared TRS reports. He questioned if there would be any big differences in Diehl, Evans, & Co. reports. Mr. Partell that the reports would be similar. MOVED BY BUCKLEY, SECONDED BY KELLEY TO RECEIVE AND FILE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDING JUNE 30, 2005 AND A REPORT ON THE REPORT FROM THE CITY TREASiIRER BE AGENDIZED FOR A MEETING IN JANUARY AS A RECEIVE AND FILE ITEM. Mayor Pro Tem Schiffner requested to a report from Administrative Services Director Pressey. Mr. Pressey explained that the government net assets were still in the black at $52,680,000. He further explained that during the year the net assets increased by $15 million. The General fund had an ending balance of $2.5 million. He noted that the Council had adopted a balance budget and adopted conservative estimates. Agenda Item No. Page_ of_ Page 49 - City Council Minutes - December 13, 2005 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 37. Reor~ization of City Council. Mayor Magee called the Redevelopment Agency and Public Finance Authority to order at 10:26 p.m. Mayor Magee noted the process for selection of a new Mayor. Mayor Pro Tem Schiffner nominated Mayor Magee for Mayor. Councilmember Hickman seconded the nomination. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNA1vIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR. MAYOR MAGEE WAS SELECTED FOR A SECOND ONE YEAR TERM AS MAYOR BY THE FOLLOWING ROLL CALL VOTE: COUNCILMEMEBER BUCKLEY VOTED FOR MAYOR MAGEE. COUNCILMEMBER HICKMAN VOTED FOR MAYOR MAGEE. COUNCILMEMBER KELLEY VOTED FOR MAYOR MAGEE. MAYOR PRO TEM SCHIFFNER VOTED FOR MAYOR MAGEE. MAYOR MAGEE ACCEPTED THE SEAT OF MAYOR. Mayor Magee noted the process for selection of Mayor Pro Tem. Mayor Magee nominated Councilmember Hickman for Mayor Pro Tem. Councilmember Buckley seconded the nomination. Councilmember Kelley nominated Mayor Pro Tem Schiffner. Councilmember Hickman seconded the nomination for Mayar Pro Tem Schiffner. Councilmember Hickman declined the nomination. CITY CLERK RAY CALLED FOR A ROLL CALL VOTE WITH THE RESULTS AS FOLLOWS: Agenda Item No._ Page_ of _ Page 50 - City Council Minutes - December 13, 2005 COUNCILMEMBER BUCKLEY VOTED FOR MAYOR PRO TEM SCHIFFNER. COUNCILMEMBER HICKMAN VOTED FOR MAYOR PRO TEM SCHIFFNER. COUNCILMEMBER KELLEY VOTED FOR MAYOR PRO TEM SCHIFFNER. MAYOR PRO TEM SCHIFFNER VOTED FOR MAYOR PRO TEM SCHIFFNER. MAYOR MAGEE VOTED FOR MAYOR PRO TEM SCHIFFNER. MAYOR PRO TEM SCHIFFNER ACCEPTED THE SEAT OF MAYOR PRO TEM. Mayor Magee opened the nomination for Redevelopment Agency Chairman. Boardmember Schiffner nominated Boardmember Kelley for Redevelopment Agency Chairman. Boardmember Magee seconded the nomination. Boardmember Buckley nominated Chairman Hickman for Redevelopment Agency Chairman. Chairman Hickman seconded the nomination. CTTY CLERK RAY CALLED FOR A ROLL CALL VOTE WTTH THE RESULTS AS FOLLOWS: BOARDMEMBER BUCKLEY VOTED FOR CHAIRMAN HICKMAN. CHAIRMAN HICKMAN VOTED FOR CHAIRMAN HICKMAN. VICE CHAIRMAN KELLEY VOTED FOR VICE CHAIRMAN KELLEY. BOARDMEMBER SCHIFFNER VOTED FOR VICE CHAIRMAN KELLEY. BOARDMEMBER MAGEE VOTED FOR VICE CHAIRMAN KELLEY. VICE CHAIRMAN KELLEY ACCEPTED THE SEAT OF REDEVELOPMENT AGENCY CHAIRMAN. Mayor Magee opened the nomination for Redevelopment Vice Chairman. Agenda Item No._ Page_ of _ Page 51- City Council Minutes - December 13, 2005 Boardmember Magee voted for Boardmember Hickman far Redevelopment Agency Vice Chairman. Boardmember Schiffner seconded the nomination. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY A UNA1vIMOUS VOTE TO CLOSE THE NOMINATIONS FOR REI~EVELOPMENT VICE CHAIRMAN. BpARDMEMBER HICKMAN WAS SELECTED VICE CHAIRMAN BY THE FOLLOWING ROLL CALL VOTE: BQARDMEMEBER BUCKLEY VOTED FOR BOARDMEMBER HICKMAN. BpARDMEMBER HICKMAN ABSTAINED. CHAIRMAN KELLEY VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER MAGEE VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER HICKMAN ACCEPTED THE NOMINATION FOR REDEVELOPMENT AGENCY VICE CHAIRMAN. Mayor Magee opened the nomination for Public Finance Authority. Vice Chairman Buckley nominated Boardmember Hickman far Public Finance Authority Chairman. Boardmember Hickman nominated Vice Chairman Buckley for Public Finance Authority Chairman. Chauman Magee seconded the nomination. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR PUBLIC FINANCE AUTHORITY CHAIRMAN. VICE CHAIRMAN BUCKLEY WAS SELECTED CHAIRMAN BY THE FOLLOWING ROLL CALL VOTE: VICE CHAIRMAN BUCKLEY VOTED FOR VICE CHAIRMAN BUCKLEY. BOARDMEMBER HICKMAN VOTED FOR VICE CHAIRMAN BUCKLEY. Agenda I[em No. Page_ of Page 52 - City Council Minutes - December 13, 2005 BOARDMEMBER KELLEY VOTED FOR VICE CHAIRMAN BUCKLEY. BOARDMEMBER SCHIFFNER VOTED FOR VICE CHAIRMAN BUCKLEY. CHAIRMAN MAGEE VOTED FOR VICE CHAIRMAN BUCKLEY. VICE CHAIRMAN BUCKLEY ACCEPTED THE NOMINATION FOR PUBLIC FINANCE AUTHORITY CHAIRMAN. Mayor Magee opened the nomination for Public Finance Authority Vice Chairman. Chairman Buckley nominated Boardmember Hickman. Boardmember Magee seconded the nomination. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR PUBLIC FINANCE AUTHORITY VICE CHAiRMAN. BOARDMEMBER HICKMAN WAS SELECTED VICE CHAIRMAN BY THE FOLLOWING ROLL CALL VOTE: CHAIRMAN BUCKLEY VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER HICKMAN VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER KELLEY VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER SCHIFFNER VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER MAGEE VOTED FOR BOARDMEMBER HICKMAN. BOARDMEMBER HICKMAN ACCEPTED THE NOMINATION FOR PUBLIC FINANCE AUTHORITY VICE CHAIRMAN. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Michael Lewis, 29431 Kalina Avenue, commented on a new program he would be a part of called Sports Activities Furthering Education to Today's Youth (S.A.F.E.T.Y.). He indicated that they would be using hospital information to address issues. He indicated that the motorcycles and motorized scooters were the major issues. He noted that pocket bikes have been responsible for deaths in the Lake Elsinore. He indicated that they met with the owner of Lake Elsinare Motocross Park; and gave him a list of change recommendations. He agreed to Agenda Item No. Page_ oF_ Page 53 - City Council Minutes - December 13, 2005 make the changes within 30 days. He indicated that they also met with GOAT Breker, promoter of the Lake Elsinore Grand Prix; and he agreed to allow them to create a safe riding area at the next Grand Prix. He commented that they have received permission from the school district to conduct safety assembles. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Congratulated Mayor Magee, Councilmember Kelley and Councilmember Buckley on their appointments. 2) Announced the following upcoming events: Dec 19t" - GPAC meeting Jan 15`h - LOWE's scheduled to open Jan 22"d - Staples and Pet Smart scheduled to open Feb - Chili's scheduled to open May - Costco scheduled to open 3) Thanked Councilmember Buckley for the television he donated to the Senior Center. 4) He wished everyone happy holidays. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) She wished everyone happy holidays. None. CITY TREASURER COMMENTS 1) He congratulated Mayor Magee on his reappointment. 2) He wished everyone happy holidays. Agenda Item No. Page_ of_ Page 54 - City Council Minutes - December 13, 2005 CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Wished everyone happy holidays. 2) She congratulated Mayor Magee on his reappointment. Mayor Pro Tem Schiffner commented on the following: 1) Wished everyone happy holidays. 2) He congratulated Mayor Magee on his reappointment. Councilmember Hickman commented on the following: 1) Wished everyone happy holidays. 2) He congratulated Mayor Magee on his reappointment. 3) He commented that H.O.P.E. would be giving gifts to the Head Start children and handing out gifts at La Tre restaurant. Councilmember Buckley commented on the following: 1) Wished everyone happy holidays. Mayor Magee commented on the following: 1) Wished everyone happy holidays. ADJOURNMENT The Regular City Council Meeting was adjourn at 0:4 p. . ~ ROBERT E. MAG E, MAYOR CITY OF LAKE Agenda Item No. Page_ of Page 55 - City Council Minutes - December 13, 2005 ATTEST: N'1~;1)~~C;~~itAY CITY CLERK ~ ~ITY OF LAKE ELSINORE Agenda I[em No._ Page_ of_