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HomeMy WebLinkAbout11-14-2006 City Council MinutesMINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 14, 2006 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information /Communications Manager Dennis, Planning Manager Weiner, Recreation /Tourism Manager Fazzio, Public Works Manager Payne, City Engineer Seumalo, 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 Councilmember Daryl Hickman. Agenda Item No. Page 1 of 33 Page 2 — City Council Meeting Minutes — November 14, 2006 INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis, Chief of Police 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: APNs 373 - 310 -007, 373 - 310 -006, 373 - 300 -009, 373 - 300 -015, 373 - 300 -017, 373 - 300 -012, 371 - 020 -001; southern stub portion of Lucerne Street south of Lakeshore Negotiating parties: City of Lake Elsinore and Watersedge Elsinore Associates, LLC / Watersedge Investment, LLC Under negotiation: price and terms of payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8): Property: APN 373 -151 -021 Negotiating parties: City of Lake Elsinore and Genaro Prats Under negotiation: price and terms of payment C. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION - (Subdivision (a) of Gov't Code § 54956.9) Wildomar and Lake Elsinore Residents for Responsible Growth v. City of Lake Elsinore (Riverside Co. Superior Court Case No. RIC 449594) Agenda Item No. Paget of 33 Page 3 — City Council Meeting Minutes — November 14, 2006 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that items "A ", "B" and "C" were discussed and there was no reportable action. PRESENTATION /CEREMONIALS A. Proclamation — Lung Cancer Awareness Month. Mayor Magee called Consuela Edmond forward to join him at the podium. James Joe noted that he would be standing in for Ms. Edmond since she was running late. He noted that he was a representative of the Tobacco Free Families Program. Mayor Magee read and presented the Proclamation to Mr. Joe. Mr. Joe introduced Ms. Edmond. Ms. Edmond thanked the Council for the Proclamation. She gave some background on the Tobacco Free Families Program. Mr. Joe noted that the Program was funded by Prop 10. He noted that their program was to educate the public on second -hand smoke and tobacco education. He noted that their program was based on a home visitation model. He noted that their program has served approximately 700 parents. Ms. Edmonds noted the Program's accomplishments with families. She commented on the effects of second hand smoke. B. Proclamation — Veteran's Day. Mayor Magee called Post Commander Doug Rainey forward to join him at the podium. Mayor Magee read and presented the Proclamation to Mr. Rainey. Mr. Rainey noted that members of his Post felt that they were a community organization. He noted their involvement in the community. He thanked Council and the community for their support. Agenda Item No. Page 3 of 33 Page 4 — City Council Meeting Minutes — November 14, 2006 C. Southern California Edison Presentation. Mayor Magee called Ken Reichley to the podium. Mr. Reichley introduced Local Public Affairs Region Manager Louis Davis. Mr. Davis commented on Southern California Edison commercials regarding energy savings. He noted that Southern California Edison was one of the leaders in finding ways to affect energy savings. He noted that the City had undertaken an adventure to make some retro- fitting on the traffic signals. He noted that Southern California Edison partnered with staff to find ways to save residents money and find energy efficient ways to save money in the long run on traffic lighting. He noted that he was in attendance to present a check to the City for cost savings. He noted the overall cost savings. Mr. Davis presented a check to the City. Mr. Reichley noted that the project would not have been possible if it was not for the efforts of Community Services Director Sapp and Public Works Manager Payne. He thanked the Council for their time. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Carole Feeney noted that she was speaking on behalf of the residents of Shoreline Drive in regard to Tract Nos. 22626 and 22626 -1. She noted that she did not have any information from the County Supervisor's office. She commented on a picture of 2 City housing tracts that were joined by the markers that were found at dead -end streets. She indicated that it suggested a possible solution for connecting streets. Ken Niemi congratulated Councilmember Hickman and Councilmember Buckley on their election victory. He thanked the Mayor for recognizing Elsinore Hang Gliding during the Grand Prix. He commented that he noted Mayor Pro Tern Schiffner's stance on not confronting landowners. Ruth Atkins thanked the City's Firefighters for the outstanding job that was done over the weekend in the mountains of Lake Elsinore. She reminded the citizens of the firefighter's memorial near the El Cariso Fire Station. She noted that they were in dire need of money. She commented that if anyone wanted to help that cause, to contact her. Agenda Item No._ Page 4 of 33 Page 5 — City Council Meeting Minutes — November 14, 2006 Ruth Atkins, Lake Elsinore Historical Society, commented on the Holiday Home Tour. She noted that the Holiday Home Tour would be on Saturday, December 9 She noted that she may be contacted for more information. Michael O'Neal thanked the Firefighters and the Police Department for their wonderful efforts with the fire. He noted that their dedication and professional work prevented what could have been an enormous tragedy. He noted that the City was lucky to have such great personnel. He congratulated the winners of the election. Donna Franson, Lake Elsinore Citizen's Committee, commented that they would be in the Unity in the Community Parade. She noted that the goals of the Committee were to keep the community clean. She noted that there was a sign up sheet for people who wanted to participate. Kim Joseph Cousins, Chamber of Commerce, commented on upcoming events. He noted that John Benoit would be featured at the EDC luncheon on November 16 from 11 a.m. to 2 p.m. He noted that the last networking event mixer of the year would be held at 74 Motorsports on November 18 from 2 p.m. to 5 p.m. to benefit Cops for Kids. He noted that on November 20 at 3 p.m. Raviolis Italian Bistro would be having a ribbon cutting ceremony. He thanked the residents for all of their support. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO PULL ITEM NO.6 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR The following minutes were approved: a. City Council Meeting — September 26, 2006. b. Joint City Council /Redevelopment Agency Study Session — October 10, 2006. c. City Council Meeting — October 10, 2006. 2. Ratified Warrant List for October 16, 2006. Agenda Item No. Page 5 of 33 Page 6 — City Council Meeting Minutes — November 14, 2006 3. Ratified Warrant List for October 31, 2006. 4. Directed staff to cancel the December 26, 2006 Council meeting. Rejected Claims against the City. 7. Approved Professional Services Agreement with HDR Engineering Inc. and authorized the City Manager to execute the agreement. 8. Adopted Resolution No. 2006 -183 supporting UCR's efforts for a Medical School. 9. Approved the use of In -Lieu Funds to pay NEARCAL Corp. in the amount of $52,600 for the paving of the south half of Central Avenue between Collier Avenue and Pasadena Street. Authorized staff to process a Purchase Order in the amount of $52,600 for the payment to NEARCAL Corp. 10. Approved Final Map No. 32996 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 recordation of Final Map No. 32996. 11. Directed staff to process a Professional Services Agreement with Kane Geotechnical Incorporated. Directed staff to process a Purchase Order for inspection duties on the Railroad Canyon Slope Repair Project for an amount not to exceed $26,500. 12. Approved corrected Resolution No. 2006 -162. ITEMS PULLED FROM THE CONSENT CALENDAR 6. Fee adjustment for Lake Use Passes. Lake & Aquatic Resource Director Kilroy noted that the item was a request to increase the schedule of lake use fees to offset the increase in the operation and maintenance of the lake. He noted that residents would be Agenda Item No._ Page6 of 33 Page 7 — City Council Meeting Minutes — November 14, 2006 given a 40% discount on the annual lake use pass. Pete Dawson noted that he had spoke with Lake & Aquatic Resource Director Kilroy. He noted that Mr. Kilroy had addressed his concerns. He noted that his concern had to do with giving residents a 40% discount. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-182 APPROVING THE ADJUSTED FEE SCHEDULE FOR THE LAKE USE PASSES. PUBLIC HEARINGS 21. Consideration of Commercial Design Review No. 2006 -02 for the project known as "Canyon Estates Professional Office Building Complex ". Mayor Magee opened the public hearing at 7:31 p.m. Community Development Director Preisendanz commented on the item. He noted that the project was located adjacent to the west of Washington Mutual Bank off of Canyon Estates Drive. He noted that the Planning Commission recommended approval of the item. Lon Bike, Architectural Team Three, noted that he was the architect for the project. He indicated that he had worked very hard with staff to come up with a very good project for the City. He noted that he would be available for questions. He noted that the project Civil Engineer was also in attendance to answer any questions. John Rodgers, CLE Engineering, noted that he would be available for questions. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:35 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT Agenda Item No. Page 7 of 33 Page 8 — City Council Meeting Minutes — November 14, 2006 RESOLUTION NO. 2006-184 MAKING FINDINGS OF CONSISTENCY WITH MULTI - SPECIES HABITAT CONSERVATION PLAN. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-185 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-02. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-186 APPROVING TENATIVE CONDOMINIUM TRACT MAP NO. 34864. 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 commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.3 7, 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. Applicant shall comply with all mitigation measures associated with the Environmental Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for Canyon Creek "Summerhill " Specific Plan Amendment No. 1 as applicable. 3. The applicant shall deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of $1,314.00 to enable the City to file the Notice of Determination. Said filing fee shall be provided to the City within 48 hours ofproject approval. 4. Applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674 -3124. Tentative Condominium Tract Map No. 34864 5. Tentative Condominium Tract Map No. 34864 will expire two (2) years from date of Agenda Item No. Page 8 of 33 Page 9 — City Council Meeting Minutes — November 14, 2006 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. 6 The Tentative Condominium Tract 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 Certificate of occupancy, the applicant shall prepare and record CC &R's against the office 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, the CC &R's shall stipulate that employees of office suites are prohibited from parking within the row of onsite parking spaces located directly adjacent to the building. 8. 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 office units and f exibility of assessments to meet changing costs of maintenance, repairs, and services. The recorded CC &R's shall establish the City of Lake Elsinore an expressed third party beneficiary. The City shall have the right, but not the obligation to enforce the CC &R's. 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. 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 Office Owner's Association shall be mandatory for each buyer and any 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) office owner'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 manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and Agenda Item No. Page of 33 Page 10 — City Council Meeting Minutes — November 14, 2006 impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each office unit owner shall have full access to commonly owned areas, facilities and utilities. Commercial Design Review No. 2006 -02 14. Approval for Commercial Design Review No. 2006 -02 will lapse and be void unless building permits are issued within one (1) year following the date of approval. 15. 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 manner as a new application. 16 No structure which has received a 'Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 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 shall be subject to the review of the Community Development Director. 19. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 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. All light fixtures shall compliment the architectural style of the building. 22. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements. 23. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. Agenda Item No. Page 10 of 33 Page 11— City Council Meeting Minutes — November 14, 2006 24. No exterior roof ladders shall be permitted. 25. All exterior downspouts shall be concealed within the building. 26. 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. 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Director of Community Development or designee. The colors and materials include the following: Field Color Dunn Edwards DE 127 "Tan" Field Color Dunn Edwards DE 130 "Light Tan" Field Color Dunn Edwards DE 136 "Medium Tan" Accent Color Dunn Edwards "Forest Green" Roofing US. Tiles, El Camino Blend Storefront To Match PPG Green Glass 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 and approved by the Planning Division. 30. On -site surface drainage shall not cross sidewalks. Prior to Issuance of Building /Grading Permit: 31. 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. 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 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. Agenda Item No. Page I I of 33 Page 12 — City Council Meeting Minutes — November 14, 2006 b. All planting areas shall be separated from paved areas with a six inch (6') high and six inch (6') wide concrete curb. c. Plantings within fifteen feet (15) of ingress /egress points shall be no higher than thirty -six inches (36'). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. Shrubs and vines shall be planted around the onsite trash enclosure to soften the structure. The landscape and irrigation plan shall be revised accordingly. f Final landscape plans to include planting and irrigation details. 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. Thirty percent (30%) of shrubs required on slopes shall be five- gallon container size. 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. 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. Final landscape plan must be consistent with approved site plan. j. The Queen Palm trees proposed to be planted adjacent to side building elevations shall have a minimum of 15 feet of brown trunk height as measured from the finished grade. Final landscape plan shall be revised accordingly. 33. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 34. The architectural site plan shall be revised to eliminate the employee parking (EP) symbols within the row of nineteen parking spaces within the interior of the onsite parking lot. ENGINEERING DIVISION General Requirements: 35. 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 Agenda Item No. Page 12 of 33 Page 13 — City Council Meeting Minutes — November 14, 2006 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. 36 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 export material. Such routes shall be subject to the review and approval of the City Engineer. 37. All grading shall be done under the supervision of a geotechnical engineer. The engineer shall certify all slopes steeper than 2 to I for stability and proper erosion control. 38. An Encroachment Permit shall be obtained prior to any work within City right -of -way. 39. 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. 40. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 1652.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 41. The applicant shall pay all applicable development impact /mitigation fees, including but not all inclusive: TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. 42. 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. When either of these criteria is exceeded, drainage facilities shall be provided. 43. 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 ofpublic works improvements will be scheduled and approved. 44. 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. 45. On -site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a letter of drainage acceptance, or conveyed to a drainage easement. 46 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. 47. Roof drains shall not be allowed to outlet directly through coring in the street curb. 48. Roofs should drain to a landscaped area. Agenda Item No. Page 13 of 33 Page 14 — City Council Meeting Minutes — November 14, 2006 49. All open space, slopes, drainage systems, except for public parks and schools and flood control district facilities, located outside of the public right -of -way shall be owned and maintained byproperty owner's association. 50. The applicant shall comply with all NPDES requirements in effect; including the submittal of a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 51. City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances rp ohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall. 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 law. Prior to Issuance of a Grading Permit 52. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows proposed project improvements and drainage patterns shall be submitted so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 53. Submit grading plans with appropriate security, Hydrology and Hydraulic Reports prepared by a Registered Civil Engineer for approval by the City Engineer. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 54. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 55. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 56 The applicant shall obtain all necessary off-site easements for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 57. The applicant shall 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. Agenda Item No. Page 14 of 33 Page 15 — City Council Meeting Minutes — November 14, 2006 58. The applicant shall protect all downstream properties from damages caused by alteration of the drainage patterns, i.e., concentrations or diversion of flow. Protection shall be provided by constructing adequate drainage facilities including enlarging existing facilities and/or by securing a drainage easement. A maintenance mechanism shall be in place for any private drainage facilities constructed on -site or off -site. Any grading or drainage onto private off site or adjacent property shall require a written permission to grade and/or a permission to drain letter from the affected landowner. 59. 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 ofgrading permits. 60. The applicant shall submit a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 61. 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. 62. Reciprocal access (agreement) shall be granted to all parcels within this site. 63. All existing and proposed easements and dedications shall be properly noted in the grading plan. Prior to Issuance of Building Permit 64. 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. 65. 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 and specify the technical data for the water service at the location such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 66 The applicant shall pay all and Plan Check fees and Capital Improvement Impact Mitigation Fees - TUMF, MSHCP, Railroad Canyon Benefit District, TIF and area drainage fees. Prior to Occupancy 67. All compaction reports, gradelelevation certifications, monument certifications (with tie notes delineated on 81/2 "x 11 "Mylar) shall be submitted to the Engineering Division. Agenda Item No._ Page 15 of 33 Page 16 — City Council Meeting Minutes — November 14, 2006 68. The applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 69. All traffic signing /striping and access controls for on -site and offsite shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 70. Water and sewer improvements shall be completed in accordance with Water District requirements. 71. Proof of acceptance of maintenance responsibility of slopes, open spaces, and drainage facilities shall be provided. 72. All public improvements shall be completed in accordance with the approved plans or as conditions of approval of this development to the satisfaction of the City Engineer. 73. The applicant shall complete the following tasks prior to issuance of Certificate of Occupancy: a. Complete revised signing and striping for Canyon Estates Drive, from Summerhill Drive to Ridgecrest Drive. b. Provide a right- in/right -out only with the installation of right- in/right out median at the driveway entrance on Canyon Estates Drive, opposite Boulder Vista Drive. C. Relocate the existing street light on Canyon Estates Drive, from approximately 30 feet east of the project driveway /Boulder Vista Drive to near the driveway entrance. Note: The developer shall coordinate with the Master Developer and/or affected property owners for the cost sharing of the mentioned improvements. The City may participate with the costs of the improvements with the approval of the City Engineer. COMMUNITY SER VICES DEPARTMENT 74. The applicant shall pay park fees of $0.10 per square foot for all interior commercial /industrial space (14,500 sq. ft. @ $0.10 = $1,450). 75. 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. RIVERSIDE COUNTY FIRE DEPARTMENT 76. The applicant shall comply with all Riverside County Fire Department conditions and standards. Agenda Item No. Page 16 of 33 Page 17 — City Council Meeting Minutes — November 14, 2006 BUILDINGAND SAFETYDIVISION 77. ADA Path of Travel to the public right -of -way shall be completed prior to issuance of Certificate of Occupancy. ADMINISTRATIVE SERVICES 78. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into the Mello -Roos Community Facilities District 2006 -5 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. Applicant shall make a four thousand two hundred dollar ($4,200) non- refundable deposit to cover the cost of the annexation process. Contact Dennis Anderson, Harris & Associates at (949) 655 -3900 x334 or dandersonnharris- assoc. com 22. Mitigated Negative Declaration No. 2006 -07 for the Slope Stabilization Plan at Wasson Creek ( "Rosetta Hills "), Tract Map No. 31792. Community Development Director Preisendanz commented on the item. He noted that the Tract Map was approved by the Council in September of 2004. He noted that the Planning Commission recommended approval of the item. Mayor Magee opened the public hearing at 7:36 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:38 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-187 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006 -07. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-188 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP). Agenda Item No. Page 17 of 33 Page 18 — City Council Meeting Minutes — November 14, 2006 APPEALS 23. Appeal of Mitigated Negative Declaration No. 2006 -06 and Reclamation Plan No. 2006 -01. Community Development Director Preisendanz commented on the item. He noted that the item was an Appeal of the Planning Commission's decision to recommend approval of Mitigated Negative Declaration No. 2006 -06 and Reclamation Plan No. 2006 -01. Community Development Director Preisendanz noted that the Reclamation Plan was a requirement for Pacific Clay Products vested right to mine the property to the north of Nichols Road. He noted that the Planning Commission approved the Reclamation Plan. He noted that on October 6, 2006 Ms. Weaver filed an Appeal for reasons concerning hours of operation, regulation of dust control, protection of endangered species, keeping Nichols Road open and the requirement to keep streets clean. He noted staff's recommendations. Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staff s recommendation and encouraged the Council to do the same. He noted that the applicant went beyond what was expected to address all the concerns that the Commission, staff and public expressed. He acknowledged the enormous contribution that Castle & Cooke made in the community. Gerald Chapman indicated that he was representing Ms. Weaver. He noted that they came to an agreement with Castle & Cooke. He read Castle & Cooke's proposal, addressing Ms. Weaver's concerns, into the minutes. Mayor Magee inquired if Castle & Cooke's proposal coincided with staffs Conditions of Approval. Community Development Director Preisendanz noted that some of the conditions proposed may need to be added to the project. Mr. Chapman indicated that with what was being proposed by Castle & Cooke, Ms. Weaver was withdrawing her appeal. Mayor Magee requested testimony from the public. He inquired if there was Agenda Item No. Page 18 of 33 Page 19 — City Council Meeting Minutes — November 14, 2006 anyone wishing to speak in favor or against the Appeal. He also inquired if there was anyone that wished to speak at all. Mayor Magee closed the public hearing at 7:45 p.m. Councilmember Hickman inquired how the item would be handled because of Ms. Weaver's Appeal. City Attorney Leibold noted that once the Appeal is filed, it was official. She noted that it then became a Council's determination. She noted that the decision of the Planning Commission was a recommendation. Councilmember Hickman inquired if it was possible to retract Ms. Weaver's Appeal. City Attorney Leibold confirmed that there was no way to retract the Appeal; she noted that it needed to be followed through. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO UPHOLD PLANNING COMMISSION'S DECISION AND ADOPT RESOLUTION NO. 2006 -189 APPROVING MITIGATED NEGATIVE DECLARATION NO. 2006-06. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO UPHOLD PLANNING COMMISSION'S DECISION AND ADOPT RESOLUTION NO. 2006-190 FINDING THE PROJECT EXEMPT FROM THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO UPHOLD PLANNING COMMISSION'S DECISION AND ADOPT RESOLUTION NO. 2006-191 APPROVING RECLAMATION PLAN NO. 2006-01. Mayor Magee requested that the maker of the motion consider adding the proposed Conditions that were read into the record, which included holding one meeting per month between the operator and residents and the 24 -hour hotline number to be posted at the site. Agenda Item No._ Page 19 of 33 Page 20 — City Council Meeting Minutes — November 14, 2006 MAYOR PRO TEM SCHIFFNER MADE THE FOLLOWING AMENDED MOTION: MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO UPHOLD PLANNING COMMISSION'S DECISION AND ADOPT RESOLUTION NO. 2006-191 APPROVING RECLAMATION PLAN NO. 2006-01 TO INCLUDE THE PROPOSED CONDITIONS FROM CASTLE & COOKE. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO REFUND MS. WEAVER'S APPEAL FEE. BUSINESS ITEMS 31. Residential Design Review No. 2006 -06 for a five unit apartment complex located at the northwest corner of Pottery and Lindsay Streets; APN No. 374 - 042 -022. Community Development Director Preisendanz commented on the item. He noted that the Planning Commission recommended approval. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-192 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2006- 06. GENERAL CONDITIONS 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 Residential Design Review, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.3 7, 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 decision of the Planning Commission shall be final ten (10) days from the date of the Agenda Item No. Page 20 of 33 Page 21— City Council Meeting Minutes — November 14, 2006 decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the Lake Elsinore Municipal Code. RESIDENTIAL DESIGN REVIEW N0.2006 -06 3. Design Review approval for Residential Design Review No. 2006 -06 will lapse and be void unless building permits are issued within one(]) 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. 4. Conditions of Approval shall be reproduced on the first page of the 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 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. 7. Prior to the issuance of a building permit the Applicant shall obtained and submit a "will serve" letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of Community Development. The "will serve" letter shall specifically indicate the specific water flow volumes for both domestic and fire protection water supply. The applicant shall submit water plans to EVMWD and shall incorporate all District conditions and standards, including payment of applicable connection fees. 8. 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 Agenda Item No. Page 2l of 33 Page 22 — City Council Meeting Minutes — November 14, 2006 structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 9. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 10. All return walls at the front elevations facing the Alley Way shall be a decorative fence, consistent with the architecture of the homes proposed herein. 11. 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. 12. The applicant shall comply with all of requirements explicitly expressed and required by the Riverside County Fire Department. PRIOR TO BUILDING /GRADING PERMITS 13. 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. 14. Prior to the issuance of a building permit the applicant shall have recorded a lot line adjustment with the County of Riverside. 15. 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. 16 Three (3) sets of the Final Landscaping /Irrigation Detail Plan for the landscaping of the development shall be submitted, reviewed and approved by the City's Landscape Architect Consultant, the Community Development Director or designee and the Community Services Director, 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 thirty feet (30 ) apart and at least twenty-four-inch (24') box in size. e) All planting areas shall be separated from paved areas with a six inch (6') high and six inch (6') wide concrete curb. Agenda Item No. Page 22 of 33 Page 23 — City Council Meeting Minutes — November 14, 2006 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. 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. 17. 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. 18. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 19. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 20. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ADMINISTRATIVE SERVICES Agenda Item No. Page 23 of 33 Page 24 — City Council Meeting Minutes — November 14, 2006 20. Prior to the issuance of a building permit the applicant shall annex into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenances issues in the City. 21. Prior to issuance of a building permit the applicant shall annex into the 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. 22. Prior to the issuance of a building permit the applicant shall annex into the Mello -Roos Community Facilities District to fund the on -going operation and maintenance of the parkways and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITYSER VICES DEPARTMENT 23. The applicant shall pay park fees of $1,500. 00 per unit. 24. The applicant shall participate in the City of Lake Elsinore LLMD. 25. All exterior walls to be masonry block with anti - graffiti coating. 26 The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. 27. The applicant shall comply with all NPDES requirements for urban storm water runoff. ENGINEERING 28. 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. 29. The Applicant shall provide in -lieu payment for future half -width street improvements on Pottery Street prior to building permit (Res. 86 -35). Dedicate a ten foot (10 ) street right - of -way on Pottery Street such that the centerline to property line is,ffty feet (50 ), as well as a two and one half foot (2' -6') dedication along the alley, such that a center line to the property is twelve feet six inches (12'-6'). 30. The applicant shall Process and meet all parcel merger requirements prior to building permit, or submit proof of merger of the 2 lots prior to building permit. 31. The applicant shall install three (1) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. Agenda Item No. Page24of 33 Page 25 — City Council Meeting Minutes — November 14, 2006 32. The applicant shall enter into an agreement with the City,for the construction ofpublic works improvements and shall post the appropriate bonds prior to final map approval. 33. The applicant shall record a CC &R's which provides for irrevocable reciprocal access to parking garages, and landscaping and maintenance of the same by a Home Owner Association 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 , roof mounted or front yard microwave satellite antennas. The C'C &R's shall identify the City of Lake Elsinore as an express 3' party beneficiary. The City of Lake Elsinore shall have the right but not the obligation to enforce the CC &R's for the project. 34.All open space shall be owned and maintained by either a home owner's association or private property owner. 35. 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 and specify the technical data for the water service at the location, such as water pressure and volume etc. Submit this letter prior to applying for a building permit. 36Arrangements 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. 37.Provide fire protection access and facilities as required in writing by Riverside County Fire. 38.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. 39.All grading and street improvement plans submitted to engineering shall be drawn on 24" x 36" Mylar and be set into City's specific border and title block and include city specific general notes for grading or street improvements respectively. Digital files for the border and the notes are available by request to "agutierrez@lake-elsinore. org ". DEDICATION. 40. The applicant shall dedicate a 2.5' wide strip of additional right of way alone northerly property line to the City for widening of the alley right of way prior to issuance of building permit. 41.The applicant shall dedicate 10' wide strip of additional street right of way along the southerly property line to the City for widening of Pottery Street right of way to total of 50' from centerline, prior to issuance of building permit. Agenda Item No. Page 25 of 33 Page 26 — City Council Meeting Minutes — November 14, 2006 42.Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. STREET IMPROVEMENTS 43. Work done under an encroachment 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. 44. The applicant shall 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. C f: oP &M 45. The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 46 The applicant shall apply and obtain a grading permit with appropriate security prior to any grading activity. 47.A grading plan stampedlsigned by a California Registered Civil Engineer is required if the sun of the cut and fill in grading exceeds 50 cubic yards and the existing drainage fow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate contours 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. 48. The applicant shall 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. 49. The applicant shall provide erosion control measures as part of their grading plan. Developer 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. 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. DRAINAGE. Agenda Item No. Page 26 of 33 Page 27 — City Council Meeting Minutes — November 14, 2006 51. On-site drainage shall be conveyed to a public facility, accepted by adjacent property owners by a notarized letter of drainage acceptance, or conveyed to a drainage easement. 52.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. 53. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs shall drain to a landscaped area. Driveways shall be sloped to drain into landscaping prior to entering street facilities. 54. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. FEES: 55. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34). The current traffic mitigation fee is $959.00 per unit; the current total drainage fee for the condominium complex is $1,688. 00 ('Town No.3 Dist.) and the current TUMF amount is $6,806.00 per unit, the amount of fees shall be adjusted according to the fee schedule current at the time of payment. STORMWATERI CLEANWA TER PROTECTION PROGRAM City of Lake Elsinore has adopted ordinances for storm water management and discharge control. In accordance with state and federal law, these local storm water ordinances prohibit the discharge of waste into storm drain system or local surface waters. This includes non -storm water discharges containing oil, grease, detergents, trash, or other waste remains. Brochures of "Storm water Pollution, What You Should Know" describing preventing measures are available at City Hall, 32. 2006 -2007 C.D.B.G. Supplemental Agreement. Community Services Director Sapp commented on the item. He noted that the agreement was $236,011 for the year's program. He noted that Council had previously voted that if additional dollars were allocated to the City, they would go toward public service and would allow for the allocation of an additional $5,402 toward the City's service programs in the community. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE SUPPLEMENTAL AGREEMENT FOR THE 32 YEAR C.D.B.G. FUNDS Agenda Item No. Page 27 of 33 Page 28 — City Council Meeting Minutes — November 14, 2006 AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE THE DOCUMENTS. 33. Preliminary Review of Caltrans' relinquishment of State Route 74 (SR -74) to the City of Lake Elsinore. City Engineer Seumalo commented on the item. He noted the acquisition segments that the City would be proposing to take control over. He noted that the City would gain control of the area. He noted areas that needed specific attention. He noted that there were significant processing delays when Caltrans was involved. He commented on the liability and maintenance cost. He commented on an increase in the City's JPIA cost. He indicated that the timetable for the relinquishment was approximately 18 months to 2 years. Kim Cousins commented that the business community was in support of the item moving forward. He commented on development fees to help with the program. He indicated that it would improve the gateway into the community. City Treasurer Weber commented on the estimated cost. He noted that there was a huge amount of work that needed to be done in order to get the roadway up to par. He commented that he felt that there was not enough staff to undertake the project. He inquired which developments would pay for the improvements. He commented on the City's liability with taking over the SR -74. He commented that Caltrans was dropping the ball. He commented that it was a possible financial burden. He commented that since it was a major project, further details were needed. Councilmember Hickman commented that negotiation was the key. He commented that his main concern had to do with cash -flow. He commented on the roads in residential areas. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE CONCEPT OF RELINQUISHMENT OF STATE ROUTE 74 AND DIRECT THE CITY STAFF TO NEGOTIATE WITH THE STATE FOR IMPROVEMENTS THAT COULD BE DONE BEFORE THE CITY ACCEPTS STATE ROUTE 74 AND TO BRING BACK A REPORT, FOR COUNCIL CONSIDERATION, STATING THOSE FINDINGS IN ADDITION TO TYPES OF EXPENSE IS THAT THE STATE WOULD BE Agenda Item No. Page 28 of 33 Page 29 — City Council Meeting Minutes — November 14, 2006 WILLING TO PAY FOR IN REGARD TO MAINTENANCE. Councilmember Kelley commented that the key would be to have the roadway improved before the City takes it over and to negotiate those improvements prior to the City assuming responsibility for the road. Mayor Magee commented that he had lived in the community for 20 years and he had not seen any improvement from the I -15 west from Caltrans. He noted that the improvements done by Lakeside High School were done in the wrong location. He noted that TUMF and TIF would continue to have funding available to assist in transportation and beautification improvements. Mayor Magee noted that in the last 20 years all of the improvements, with the exception of Lakeside High School, along highway 74 were developer driven and developer funded. He noted that with respect to the dirt street pavements, Councilmember Buckley and City staff were able to put together a program to get all of dirt streets in Country Club Heights to be paved over the course of the next 6 years. Mayor Magee noted that negotiation was key. He noted that negotiation for what improvements Caltrans was going to make between now and the relinquishment and what funds would be returned to the City in terms of maintenance. He commented on processing time for traffic signals. He noted that in April of 2005 on Gunnerson and Highway 74, there was a fatal accident. He noted that a traffic signal would have saved the individual's life. He noted that staff, working with Caltrans, sought to pursue the signalization of that area. He noted that the City was going to pay for it. He noted that after meeting with Caltrans Officials, they decided not to go through with the signal. He noted that it took Caltrans 18 months to reach their decision. He noted that the City needed to be able to take action, and to take action quickly when the Council, staff members and citizens see a problem or area of concern. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:16 P.M. Agenda Item No. Page 29 of 33 Page 30 — City Council Meeting Minutes — November 14, 2006 THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:18 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: November 17 -19 — Ophelia Group Variety Show, Cultural Center November 18 — Unity in the Community Parade November 25 — Monthly Car Show November 26 — Open Air Market December 1" — Winterfest 2) Thanked the Firefighters and Law Enforcement for a job well done in fighting the fire and keeping it under control. 3) Wished Councilmember Buckley a speedy recovery. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Wished Councilmember Buckley a speedy recovery. COMMITTEE REPORTS Mayor Magee requested that Fire Chief Gallegos give a brief summary of what happened with the fire. Fire Chief Gallegos noted that they received a report Sunday evening of an unknown type fire in the front country of Lakeland Village. He noted that upon arrival it was discovered that it was a vegetation fire. He commented on issues they faced with fighting the fire. Agenda Item No. Page 30 of 33 Page 31— City Council Meeting Minutes — November 14, 2006 Mayor Magee thanked the Fire Chief and his department. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Thanked the Fire Chief and his department for striking the fire down quickly. 2) Congratulated Councilmember Buckley and Councilmember Hickman for being re- elected to the office of City Council. 3) Thanked the residents who voted to keep the Treasurer elected. 4) He noted that Administrative Services Director Pressey was an honest person. He noted that funding was not being misused. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Commended the Fire Department for their hard work. 2) Congratulated Councilmember Buckley and Councilmember Hickman for being re- elected to the office of City Council. She congratulated Kim Cousins for being elected to the LEUSD Board. 3) Reminded the Council that the Ribbon Cutting for the Boys & Girls Club was at 3 p.m. on Thursday, November 16 4) Wished everyone a Happy Thanksgiving. Mayor Pro Tern Schiffner commented on the following: 1) Commended the Fire Department for their hard work. 2) Congratulated Councilmember Buckley and Councilmember Hickman for being re- elected to the office of City Council. Agenda Item No. Page 31 of 33 Page 32 — City Council Meeting Minutes — November 14, 2006 Councilmember Hickman commented on the following: 1) Commended the Fire Department for their hard work. 2) Thanked the voters for their votes. 3) Noted that H.O.P.E. was sponsoring a Thanksgiving dinner. He noted that volunteers were needed for cooking. Mayor Magee commented on the following: 1) Congratulated all the victors from the November 7` Election. He noted that he looked forward to working with everyone. 2) He noted his attendance at Murrieta's first State of the City Address. He noted that they did a fine job. He noted that the City had a lot to be proud of. 3) Thanked the Police Chief for a job well done over the Grand Prix weekend. 4) Commended the Fire Department for their hard work. He noted that there was no structure damage, injuries or deaths. Mayor Magee closed the meeting in honor of the memory of the brave firefighters who lost their lives in the Esperanza Fire. The Regular City Council Meeting was adjourned at :28 p in 1 r 1 ERT E. MAGEEj4AYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: I �A'16!64�'-Lb MICHELLE SOTO, DEPUTY CITY CLERK Agenda Item No. Page 32 of 33 Page 33 — City Council Meeting Minutes — November 14, 2006 ATTEST: PREDERICI'AY, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No._ Page 33 of 33