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HomeMy WebLinkAbout12-12-2006 City Council MinutesMINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 12, 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, Lake & Aquatic Resource Director Kilroy, Information /Communications Manager Dennis, City Engineer Seumalo 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 Infonnation/Communications Manager Dennis. Agenda Item No. Page 1 of 24 Page 2 — City Council Meeting Minutes — December 12, 2006 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, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis, Planning Manager Weiner, Finance Manager Riley, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation of litigation pursuant to Subdivision (c) of Gov't Code § 54956.9 (2 potential cases) B. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation of litigation pursuant to Subdivision (b) of Gov't Code § 54956.9 (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss 4 items. She noted that 3 of the items were previously identified on the agenda as indicated above, all involving anticipated litigation. She noted that 2 potential cases were discussed under Subdivision "c" of Section 54956.9. She noted that there was no reportable action as to one of those items. She noted that the second item involved a discussion of County Tentative Tract Map Nos. 22626 and 22626 -1. She noted that the City Council received a Preliminary Investigation conducted by staff and requested that staff continue to investigate and evaluate the Agenda Item No._ Page 2 of 24 Page 3 — City Council Meeting Minutes — December 12, 2006 issues and directed staff to contact the interested parties. She noted that a third item, one potential case, under the same authority of Government Code Section 54956.9 (c) was added that evening by a vote of 4 -0 of the Council under the urgency provisions of the Brown Act, Section 54954.2. She noted that there was no reportable action on that item. She noted that the fourth and last item discussed was one case of anticipated litigation under the authority of Subdivision "b" of Section 54956.9. She noted one potential case was discussed and there was no reportable action. PRESENTATION /CEREMONIALS A. Presentation — Award for Holiday Home Decorations. Mayor Magee called Maureen Foster to the podium. Ms. Foster noted that the Holiday Lights Program was a new program that the Community Services Department put together to encourage homeowners to decorate their homes for the holidays. She noted that the homeowners were challenged to decorate with anything that helped celebrate the spirit of the holidays. She thanked all the homeowners for their participation. Ms. Foster noted who the judges were. She indicated that they traveled 32 miles judging homes. Ms. Foster noted that the winner for the "Whimsical Category" had a life - size replica of Santa, singing Santas and lighted animals. She noted that the top honors went to Miguel and Alisha Diaz. She thanked them for participating. Ms. Foster noted that the winner for the "Traditional Category" was covered completely with bright lights and a snowflake motif. She noted that the winners were Valerie and Joe Sund. Ms. Foster noted that the winner for the "Holiday Theme Category" was decorated like a "Winter Wonderland ". She noted that the home had roof- top snow. She noted that there was a lot of effort put into their display. She noted that the winners were Jeremiah Lopez and Marquez Garcia. Agenda Item No._ Page 3 of 24 Page 4 — City Council Meeting Minutes — December 12, 2006 Ms. Foster noted that the winner for the "Open Category" was absolutely beautiful. She noted that the top honors for that category were Roy Liveanos and Lisa Roz. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Frank Hoffman commented that in light of the fact of Council's ongoing interest in the issue of County Tract Map Nos. 22626 and 22626 -1, he would decline further comment and adopt a wait and see posture. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO EDIT ITEM NO. 5 TO ADD ADDITIONAL SURPLUS EQUIPMENT TO BE SCRAPPED AND TO PULL ITEM NO. 10 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. The following minutes were approved: a. City Council Meeting — October 24, 2006. b. Special City Council Meeting — November 9, 2006. 2. Ratified Warrant List for November 15, 2006. 3. Ratified Warrant List for November 30, 2006. 4. Received and filed Investment Report for August 2006. Approved the disposal of surplus electronic equipment to be scrapped as e- waste. 6. Approved the Agreement with LESJWA to conduct the Lake Elsinore Wetlands Enhancement BMP Project and authorized the Mayor to execute the agreement. 7. Approved the Deposit and Reimbursement Agreement. Adopted Resolution No. 2006 -205 to establish CFD No. 2006 -9 and calling a Public Hearing for January 23, 2007. Agenda Item No. Page 4 of 24 Page 5 — City Council Meeting Minutes — December 12, 2006 Adopted Resolution No. 2006 -206 to incur bonded indebtedness with proposed CFD No. 2006 -9. Approved Engineer's Report for Annexation No. 14 to LLMD No. 1. Adopted Resolution No. 2006 -207 intention to annex into LLMD No. 1. Scheduled a public hearing on the District Formation for January 23, 2007. 9. Authorized the City Manager to approve reimbursements to the Libraries for items other than books on a case -by -case basis. 11. Authorized the transfer of $162,000 from the Street CIP fund to complete the budget for the project. Awarded the "Traffic Signal and Intersection Improvements at Grand Avenue and Ortega Highway (SR -74)" to R.J. Noble Company for the amount of $711,894. Authorized the Mayor to execute the contract with R.J. Noble and Company. 12. Awarded Railroad Canyon Slope Repair Project to HI -TECH Rockfall Construction Inc. for $161,800. Authorized the Mayor to execute the contract with HI -TECH Rockfall Construction Inc. 13. Approved the documents and directed the City Clerk to execute the "First Amendment to the Communications Site Lease Agreement" as well as the "Memorandum of First Amendment to Communications Site Lease Agreement ". 14. Directed staff to proceed with the relinquishment process for certain segments of State Route 74 from the State of California to the City of Lake Elsinore. Adopted Resolution No. 2006 -208 and directed staff to forward a fully executed copy of said Resolution to the State Representative for inclusion in the State Legislative Process. Agenda Item No. Page 5 of 24 Page 6 — City Council Meeting Minutes — December 12, 2006 15. Authorized the City Manager to approve an agreement with HDR to prepare CEQA compliance documents for SP 2005 -06, GPA 2005 -06 and ZC 2005- 07 in the amount of $92,252. 16. Approved proposed conveyance and authorized the Mayor to execute the Quit Claim Deed for EVMWD Lift. 17. Authorized the City Manager to approve the purchase of PC Tablets for Code Enforcement and Building & Safety. ITEMS PULLED FROM THE CONSENT CALENDAR 10. Additional action on Claim against the City — Janice Orr. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 -1, WITH BUCKLEY CASTING THE DISSENTING VOTE, TO 1) RESCIND THE NOVEMBER 28, 2006 REJECTION OF CLAIM NO. 2006-26 AND RELATED DIRECTION TO THE CITY CLERK TO NOTIFY THE CLAIMANT OF THE REJECTION AND 2) AUTHORIZE THE CITY CLERK TO RETURN CLAIM NO. 2006-26 TO THE CLAIMANT AS UNTIMELY. PUBLIC HEARINGS 21. Commercial Design Review No. 2005 -11 for Lake Elsinore Chrysler, Dodge, Jeep. Mayor Magee commented on a letter that he received that evening from Judith Tallman. Community Development Director Preisendanz commented on the item. He noted that the request was in regard to the construction of a 29,000 square foot automotive dealership and related improvements. He noted that the Planning Commission recommended approval of the item. He noted that he would like to amend Condition of Approval No. 37 to add the language that there is no parking on unapproved areas. He read the condition into the record. Mayor Magee opened the public hearing at 7:13 p.m. Agenda Item No._ Page 6 of 24 Page 7 — City Council Meeting Minutes — December 12, 2006 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. City Treasurer Weber commented on page no. 3. He commented on the reimbursement of $912 thousand. He inquired if that was typical for what was given for those types of projects. City Manager Brady indicated that there was not a set amount to be given per dealership. He noted that it would be based upon public improvements that could be reimbursed that are associated with the project. City Treasurer Weber inquired if the developer was planning on building and then selling the dealership. City Manager Brady commented that staff needed to come back to Council with a Reimbursement Agreement. He noted that there were a number of items that would be addressed in the agreement. Councilmember Buckley commented on the costs for deposits. He commented on the "riprap agreement ". City Manager Brady commented that the agreement was never finalized. Councilmember Buckley commented on the design of the building. He noted that it was not very appealing. Councilmember Buckley commented on the landscaping. He noted that the landscaping plan called for 24 -inch box trees. Community Development Director Preisendanz indicated that it was changed to 30 -inch box trees. He noted that the landscape inspector would be verifying that the specimen is a large specimen. Councilmember Buckley commented on hours of operation and lighting. Community Development Director Preisendanz noted that the lighting was similar to Lake Chevrolet since it would be needed for display. He noted that the light would be shielded. He noted that the applicant was conditioned to provide a photometric study to staff's satisfaction. He noted Agenda Item No. Page 7 of 24 Page 8 — City Council Meeting Minutes — December 12, 2006 that there was an elevation change from Avenue 12 down to the project site which would assist in shielding some of the light. Councilmember Buckley commented on the block wall located on Avenue 12. Community Development Director Preisendanz indicated that staff's requirements would be to plant and grow vines. He noted it was the best preventative to graffiti. Councilmember Buckley commented on the anti - graffiti sprinkler system. Councilmember Kelley inquired about the access from Avenue 12. Community Development Director Preisendanz noted that he spoke to the City Engineer. He noted that depending on the elevation change, a stairway or ramp could be provided. Councilmember Hickman inquired on the other types of dealerships they plan on bringing in. The applicant exclaimed that they would like to put in a Toyota and Lexus dealership. City Treasurer Weber inquired on the total cost of the project. The applicant indicated that the project would cost over $12 million to build. Mayor Magee closed the public hearing at 7:28 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006 -210 ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP). MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-211 APPROVING COMMERCIAL DESIGN REVIEW NO. 2006-11 WITH THE ADDED CONDITION OF THE ACCESS OF ROADWAY FROM AUTO CENTER DRIVE AND AVENUE 12, TO INCLUDE MODIFICATION TO Agenda Item No._ Page 8 or 24 Page 9 — City Council Meeting Minutes — December 12, 2006 CONDITION OF APPROVAL NO. 37, AND THE UNDERSTANDING ON THE LANDSCAPE PLAN REGARDING SPECIMEN SIZE VERSUS BOX SIZE IN ADDITION TO THE SENSITIVITY TO THE NEIGHBORHOOD IN RESPECT TO OUTDOOR LIGHTING. GENERAL CONDITIONS 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 the proposed 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. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within one (1) year, of the City Council approved date. 3. 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. 4. 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 Director of Community Development. 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. 5. All structures shall be developed on -site as depicted on the approved site plan and/or as modified by the Director of Community Development 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 limited to; Auto Center Drive, major arterial streets or the I -15 freeway. 9. Prior to the issuance of a building permit (i.e. light standards), the applicant shall Agenda Item No. Page 9 of 24 Page 10 — City Council Meeting Minutes — December 12, 2006 provide a photometric study. Said study shall be reviewed and approved to the satisfaction of the Director of Community Development. 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. 10. The applicant shall prepare a final wall and fence plan subject to the review and approval of the Director of Community Development 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 constructed per City standards as approved by the Director of Community Development 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. Parking 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 certificate of occupancy. 17. 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 Director of Community Development, prior to issuance of buildingpermit. 18. The 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. 19. 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. 20. All exterior downspouts shall be painted to match the building color. 21. Materials and colors depicted on the materials board shall be used unless modified by the Director of Community Development or designee. 22. Prior to issuance of a Grading Permit the applicant shall pay the appropriate MSHCP Fee. Agenda Item No. Page 10 of 24 Page 11— City Council Meeting Minutes — December 12, 2006 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. 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 /irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or Designee, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and 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. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f. 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 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 Agenda Item No. Page 11 of 24 Page 12 — City Council Meeting Minutes — December 12, 2006 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. Final landscape plan must be consistent with approved site plan. I Final landscape plans to include planting and irrigation details. 28. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. MND 2005 -06 29. The applicant shall comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC) regarding all temporary use activities. [x��[et /UalpZl7�ZH7i��Y(17�1 30. The applicant shall dedicate right -of -way and shall construct full half width improvements on Auto Center Drive. Right -of -way dedication shall be 50 feet as measured from the centerline ofAuto Center Drive to the project property line. Full half width street improvements shall be constructed such that the measurement from the centerline ofAuto Center Drive to the project -side curb face is 40 feet. Development shall construct median along Auto Center Drive for full frontage width of the project. Median design shall maintain existing circulation patterns as approved by the City Engineer, 31. The terms of the development agreement shall be referenced and incorporated into the project requirements as detailed in the agreement. 32. Provide a striping and signing plan for striping from Mill Street to the bridge with special attention to the design and adequate tapers of traffic lanes to and from the bridge to the new four lane facility on Auto Center Drive. This plan shall be approved by the Traffic Engineer prior to issuance of the building permit. 33. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 34. The slope on the north side of the project shall be improved with long -term erosion control planting. 35. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non - erosive velocity and that the down stream property owner is protected f om the 100 year storm f ows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 36 Sight distance for ingress / egress at all driveways shall be unobstructed. Agenda Item No. Page 12 of 24 Page 13 — City Council Meeting Minutes — December 12, 2006 37. Parking shall not be allowed on Auto Center Drive within 120 feet north and 20 feet south of driveways or on any unpaved portion of the project site or road shoulder. (Revised per City Council on December 12, 2006). 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 16 34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), Transportation Uniform Mitigation Fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. Fee amount to be paid shall be consistent with the current amount as stipulated in each fee ordinance. 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 permit. 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 16.34). 43. 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). 44. Applicant shall enter into an agreement with the City for the construction ofpublic 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 ! 1 2" x 11 "Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 46 The applicant shall install permanent survey monuments in compliance with the City's municipal code. 47. Applicant shall obtain all necessary 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. Agenda Item No. Page 13 of 24 Page 14 — City Council Meeting Minutes — December 12, 2006 49. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 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 shall submit a traffic control plan showing all permanent traffic control devices for the project to be approved prior to issuance of a building permit. All permanent traffic control devices shall be installed prior to final inspection ofpublic improvements. This includes No Parking Signs for travel ways within the development. 53. Construction traffic control plans shall be submitted to and approved by the City's Traffic Engineer prior to issuance of encroachment permit. 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 (electrical, cable television, telephone) except electrical over 12 kv shall be placed underground, as approved by the 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 Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 59. All grading shall be done under the supervision of a geotechnical engineer. All slopes steeper than 2 to I shall be approved by the City Engineer and certified for stability and proper erosion control requirements by a licensed Geologist or licensed Geotechnical Engineer. All manufactured slopes greater than 30 ft. in height shall be contoured and have a six (6) foot wide bench with a three (3) foot wide terrace drain constructed for every thirty (30) vertical foot of slope. Agenda Item No. Page 14 of 24 Page 15 — City Council Meeting Minutes — December 12, 2006 60. Prior to commencement ofgrading 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. 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 final map. A note should be added to the final map 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. 65. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 66 Meet all requirements of LEMC 15.68 regarding flood plain management. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District as a submittal requirement of the rough grade plan check. Applicant 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. 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 71. A drainage acceptance letter shall be required from the downstream property owners for out - letting the proposed storm water run -off on private property if the flows are inconsistent with the historic flow details. 72. 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 15 of 24 Page 16 — City Council Meeting Minutes — December 12, 2006 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 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 ofstormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 75. Applicant shall provide firstflush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. These provisions include the development and compliance with a Water Quality Management Plan (WQMP). 76 Driveway 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. 77. Reciprocal access agreements shall be processed with adjacent property owners. 78. 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, BUSINESS ITEMS 31. Second Reading — Ordinance No. 1203 — Authorizing the levy of a services special tax and a special tax (Running Deer Estates). MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1203. ORDINANCE NO. 1203 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 16 of 24 Page 17 — City Council Meeting Minutes — December 12, 2006 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. 1204 — Authorizing the levy of a services special tax and a special tax (Riverlake Villas). MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1204. ORDINANCE NO. 1204 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. 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. 1205 — Authorizing the levy of a services special tax within Annexation Area No. 21 (Riverlake Villas). Agenda Item No. Page 17 of 24 Page 18 — City Council Meeting Minutes — December 12, 2006 MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1205. ORDINANCE NO. 1205 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. 21 (RIVERLAKE VILLAS) 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 34. Second Reading — Ordinance No. 1206 — Amending and restating sections of the Lake Elsinore Municipal Code regarding minimum onsite landscaping requirements in Commercial and Industrial Districts. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1206. ORDINANCE NO. 1206 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 17.40.080 C., 17.44.070 C., 17.48.080 C., 17.52.090 C., 17.54.090 C., 17.56.100 C., 17.60.100 C., AND 17.66.100 H. OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING MINIMUM ON -SITE LANDSCAPING REQUIREMENTS IN COMMERCIAL Agenda Item No. Page 18 of 24 Page 19 — City Council Meeting Minutes — December 12, 2006 AND INDUSTRIAL DISTRICTS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Annual Financial Reports for Fiscal Year ending June 30, 2006. Administrative Services Director Pressey noted that the auditors had gone through all 4 entities of the City and issued their audited financial statements. He noted that they issued an unqualified opinion on all the reports. He noted that the City was applying for the Excellence in Financial Reporting. He noted that the City did receive a certificate last year. He noted that it was a good year for the City and all of its' entities. Administrative Services Director Pressey commented on project areas. He introduced Finance Manager James Riley. He noted that Finance Manager Riley was instrumental in helping through the audit process. City Treasurer Weber noted that the surplus was outstanding. He commented on the funding for the Rosetta Canyon Fire Station. He noted that Finance Manager Riley was a CPA and a good addition to City staff. He commented on the honesty of the individuals in the positions. Councilmember Buckley noted a correction on page IX. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO RECEIVE AND FILE THE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDING JUNE 30 2006 WITH A CORRECTION TO PAGE IX. Mayor Magee commended staff for all their hard work. Agenda Item No. Page 19 of 24 Page 20 — City Council Meeting Minutes — December 12, 2006 THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 36. Exclusive Negotiation Agreement with Watersedge Development entities. City Manager Brady commented on the item. He noted that the project consisted of a 77 -acre site located on Lakeshore Drive. He noted that the project would include a new marina, retail, commercial and residential in addition to other uses for watercraft and marine dealerships. He noted that the site was located in the floodplain area. He noted that fill material was needed to bring the site to the appropriate elevation. He noted that it was estimated that City owned property on the other side of the levy would have enough material for the project. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE EXCLUSIVE NEGOTIATION AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. 37. Presentation of Certified Election Results. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO RECEIVE AND FILE CERTIFIED ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-209 CERTIFYING THE GENERAL MUNICIPAL ELECTION. City Clerk Ray conducted the Oath of Office for Thomas Buckley and Daryl Hickman. Mayor Magee congratulated Thomas Buckley and Daryl Hickman. 38. Annual reorganization of the City Council to select the Mayor and Mayor Pro Tem. Mayor Magee opened up the nominations for the position of Mayor. Agenda Item No. Page 20 of 24 Page 21 — City Council Meeting Minutes — December 12, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY TO NOMINATE COUNCILMEMBER KELLEY FOR MAYOR. MOVED BY HICKMAN TO NOMINATE COUNCILMEMBER BUCKLEY FOR MAYOR. Councilmember Buckley respectfully declined the nomination. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO NOMINATE MAYOR MAGEE FOR MAYOR. COUNCILMEMBER BUCKLEY VOTED FOR MAYOR MAGEE. COUNCILMEMBER HICKMAN VOTED FOR MAYOR MAGEE. COUNCILMEMBER KELLEY VOTED FOR COUNCILMEMBER KELLEY. MAYOR PRO TEM SCHIFFNER VOTED FOR COUNCILMEMBER KELLEY. MAYOR MAGEE VOTED FOR MAYOR MAGEE. Mayor Magee opened up the nominations for the position of Mayor Pro Tem. MOVED BY BUCKLEY, SECONDED BY MAGEE TO NOMINATE COUNCILMEMBER HICKMAN FOR MAYOR PRO TEM. Mayor Magee closed the nominations for Mayor Pro Tem. COUNCILMEMBER BUCKLEY VOTED FOR COUNCILMEMBER HICKMAN. COUNCILMEMBER HICKMAN VOTED FOR COUNCILMEMBER HICKMAN. COUNCILMEMBER KELLEY VOTED FOR COUNCILMEMBER HICKMAN. Agenda Item No. Page 21 of 24 Page 22 — City Council Meeting Minutes — December 12, 2006 MAYOR PRO TEM SCHIFFNER VOTED FOR COUNCILMEMBER HICKMAN. MAYOR MAGEE VOTED FOR COUNCILMEMBER HICKMAN. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:50 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:57 P.M. Mayor Pro Tem Schiffner presented Mayor Magee with a plaque in recognition of his time served as Mayor. Mayor Magee thanked Council and staff for the plaque. PUBLIC COMMENT State Assemblyman Kevin Jeffries thanked everyone for their support. He commented that his office would be relocating. He commented on his staff. He noted that he looked forward to working with everyone. He commented on the deficit. He noted that his first goal was to protect taxpayers and local government. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming event: December 17'" — Open Air Farmer's Market 2) Congratulated Mayor Magee on his reappointment as Mayor, and all the other Councilmembers serving as Chair and Vice Chair on other entities of the City. 3) Wished everyone a Happy Holiday. Agenda Item No._ Page 22 of 24 Page 23 — City Council Meeting Minutes — December 12, 2006 CITY ATTORNEY COMMENTS 1) Congratulated Mayor Magee on his reappointment as Mayor, and all the other Councilmembers serving as Chair and Vice Chair on other entities of the City. 2) Wished everyone a Happy Holiday. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Congratulated Mayor Magee on his reappointment as Mayor. He noted that the Mayor was a good leader and a good person for the position. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Congratulated Mayor Magee on his reappointment as Mayor. She noted that he did a great job. 2) Wished everyone a Happy Holiday. Mayor Pro Tem Schiffner commented on the following: 1) Congratulated all the newly sworn in Councilmembers. He congratulated Mayor Magee on his reappointment as Mayor. Thanked everyone for attending the meeting. Councilmember Hickman commented on the following: 1) Thanked Tarbell Realtors and the Elks Ladies for donating toys for less fortunate families. Agenda Item No._ Page 23 of 24 Page 24 — City Council Meeting Minutes — December 12, 2006 2) Congratulated Elsinore and Temescal Canyon High Schools for their run toward the football championship. 3) Congratulated Mayor Magee on his reappointment as Mayor. Councilmember Buckley commented on the following: 1) Congratulated Mayor Magee on his reappointment as Mayor. 2) Thanked everyone for his appointment to RDA Chair. 3) Wished everyone a Happy Holiday. Mayor Magee commented on the following: 1) Wished everyone a Happy Holiday. The Regular City Council Meeting was RESPECTFULLY SUBMITTED: adjourne 8:05 .m. R' E. MAGE CITY OF LAKE MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FREDERfCK RAY, CMC, CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. Page 24 of 24