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HomeMy WebLinkAbout02-28-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 28, 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: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:06 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Ray. Page 2 City Council Meeting Minutes - February 28, 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 Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) ofGov't Code g54956.9: (2 potential cases). B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code g54956.8): Property: A.P.N. 377-040-023, 024 and 025 Negotiating parties: City of Lake Elsinore and Mjp 76 Inc Under negotiation: price and terms of payment PRESENTATION/CEREMONIALS A. Proclamation - Deputy of the Year (Corporal Hack) Mayor Magee called Corporal Hack forward. He commented that Corporal Hack was also awarded Deputy of the Year and was unable to attend the previous Council meeting. Page 3 City Council Meeting Minutes - February 28, 2006 Police Chief Fetherolf commented that effective today Corporal Hack was promoted to Sergeant. He commented on Sergeant Hack's accomplishments and noted that Sergeant Hack had been serving the Lake Elsinore Community for 17 years. He also noted that Sergeant Hack had received the Medal of Valor. Mayor Magee read and presented the proclamation. Sergeant Hack commented that he had seen a lot of changes in the community. He noted that the City had improved tremendously. B. Proclamation - Black History Month Mayor Magee called NAACP President Loraine Watts forward. Mayor Magee read and presented the proclamation. Mrs. Watts dedicated the proclamation to long-time resident James Brown who had recently past away. She commented that he represented what Black America tried to do for this country. Mayor Pro Tern Schiffner introduced Boy Scout Troop 430. He commented that they were attending the meeting so they could receive a citizenship badge. Mayor Magee invited the troops to the podium and allowed them to introduce themselves. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE No comments. CONSENT CALENDAR ITEMS Councilmember Buckley pulled Item No. 10 for discussion. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO TABLE ITEM NO.5 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. The following Minutes were approved: a. Joint City Council/RedevelopmentAgency Study Session - January 2, 2006. Page 4 City Council Meeting Minutes - February 28, 2006 2. Ratified Warrant List for February 15,2006. 3. Rejected the claims listed and directed the City Clerk to send letters informing claimants of this decision. 4. Approved the program revisions as described in the staff report and to notify the LEUSD, Elsinore High School, Temescal Canyon High School and Lakeside High School. 6. Approved third amendmended agreement for the Axial Flow Pump Destratification System. 7. Awarded bid to GSE Lining Technology, Inc. in the amount of $63,803.09. 8. Approved the contract for security services at the Lake Elsinore Diamond Stadium with Executive Event Services. 9. Accepted the report of the Planning Commission. Authorized the City Manager to execute a letter of agreement formalizing the sale of the property. Authorized the Mayor to execute the grant deed to transfer title of the Property to Pardee. 11. Authorized the City Manager to sign new professional service contracts with Scott Fazekas & Associates, Harris & Associates, Willdan and JAS Pacific Inc. in order to provide contract personnel and plan check services for the City as needed. 12. Approved and authorized the City Manager to execute the contract. 13. Awarded the contract to Hardy and Harper Inc. for the Machado Street repairs. Authorized the City Manager to execute the contract with Hardy and Harper Inc. in the amount of $980,607.90. Approved the use of Measure-A Monies (Fund #112) in the amount of $649,602. Approved the use of Traffic Improvement Fees (TIF #205) in the amount of $649,602 for the SR - 7 4/1 -15 Interim Improvement Project. 14. Accepted the report of the Planning Commission that the City's acceptance and subsequent use of the Donated Property is consistent with the General Plan. Authorized the Mayor to execute the Donation Agreement. Page 5 City Council Meeting Minutes - February 28, 2006 Item Pulled from the Consent Calendar 10. Request for no parking on Canyon Estates Drive between Summerhill Drive and Franklin Street. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He explained that traffic was increasing on Canyon Estates Drive as an alternate route; between Railroad Canyon Road and the 1-15 interchange; and along with the construction of the interim improvements that would be starting in the next couple of weeks, staff was recommending no parking be initiated to help with the safety and flow of traffic. Jason Leinen, 31520 Sagecrest Drive, thanked the Council and staff. He commented that the residents had a renewed faith in their local government. He indicated that the residents looked forward to resolving the other issues in the area. Mayor Magee inquired, if approved, when the no parking would take effect. City Manager Brady estimated a 2-week timeframe. Mayor Magee explained that the Council discussed the issue at the 4:00 p.m. Study Session and if the item was approved, the Council encouraged the City Manager to have staff send letters to the adjacent businesses advising them of a change in their parking situation for the near future. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-24 PROHIBITING PARKING ON BOTH SIDES OF CANYON ESTATES DRIVE FROM SUMMERHILL DRIVE TO FRANKLIN STREET. PUBLIC HEARINGS 21. Resolution approving the annexation of Territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No.1 as Annexation Area No.1 0 (Summerly). Page 6 City Council Meeting Minutes - February 28, 2006 Mayor Magee opened the public hearing at 7:18 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He noted that there were 464 street lights in this development. He indicated that the annual estimated cost was $86,065. He commented that each year Council had the opportunity to approve up to a 2% increase if needed; and any remaining balance of unused monies would roll forward to the next year. Mr. Pressey indicated that Councilmember Buckley had questioned the different maps for the three formations. He commented that the map in question was on Agenda Item No. 23, page 97 of 157. He noted the map included a site that was excluded from that district. He deferred to Dennis Anderson to explain the difference in the maps. Dennis Anderson, Harris & Associates, explained that the Landscape and Lighting District was governed by a different set of laws and codes including the State Constitution. He indicated that under special assessment district proceedings, any property that would benefit from the improvements to be funded must be included in the district; therefore that boundary governed by those properties that benefit were substantially different than the other two annexations. He also commented that the Police and Fire District included all commercial and residential property. Mr. Anderson commented that the Bond District areas were excluded at the request of the developer; and normally they do not tax parks or school site properties since the City was prohibited by the Mello-Roos Act. Administrative Services Director Pressey explained that the map could not change on Item No. 21. He noted that Council had a choice to make a motion to start over on Item No. 22 and direct staff to start over by making Page 7 City Council Meeting Minutes - February 28, 2006 the recommended change of the boundary map to exclude the area in the middle which was similar to Item No. 23. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. Councilmember Buckley explained that when Laing's back basin project was originally approved there was a school site in the center, which was exempt from the CFD for facilities. He indicated that the discussion was now about the LLMD and the Police and Fire CFD which were non-exempt. He indicated that he was concerned about preapproving. He further commented that schools and parks did not pay LLMD and Police and Fire. He questioned why they would be considered as part of the District. He indicated that it was different from other tracts because it could change if the school did not go in. He indicated that the developer could elect to build homes in that area. Councilmember Buckley requested clarification on if anything that benefited from the LLMD had to be in the LLMD even if it did not pay into the LLMD. Mr. Anderson explained that under State Constitution, Article 13, they were required to assess public properties for special assessments. Mr. Anderson further explained that they would assign an assessment to schools, public properties, etc to the LLMD; but whether or not they paid was the question. Councilmember Buckley inquired what would happen if it turned out to be residential and not public properties; and if that would impact everyone else's LLMD fee. Mr. Anderson commented that it would not. He further explained that Council was approving an assessment rate for public property and residential property. Mayor Pro Tern Schiffner commented that he understood that there would be no difference and it would not cause any problems the way it was presently done. Page 8 City Council Meeting Minutes - February 28, 2006 MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2006-25, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO.1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. Mayor Magee closed the public hearing at 7:28 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that there was no majority protest. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 22. Resolution determining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services); Call a Special Election; canvas election results; authorizing levy of Special Taxes for CFD 2003-1 Annexation Area No. 17 (Summerly). Mayor Magee opened the public hearing at 7:29 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He indicated that it would pay for a portion of the increase in the Police, Fire and Paramedic cost in the City. Each property owner would be assessed $318 per home in the Laing Development in which they were building 1,484 single family homes. Page 9 City Council Meeting Minutes - February 28, 2006 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. Councilmember Buckley commented that the facilities CFD should match the Police and Fire CFD. Councilmember Buckley clarified that the golf course did not have to be included in the LLMD or the Police and Fire CFD. Mr. Anderson confirmed and commented that in their analysis the golf course did not benefit from the improvements. MOVED BY BUCKLEY NOT TO ADOPT RESOLUTION NO. 2006-26 AND DIRECT STAFF TO REDO THE ITEM SO THE MAPS MATCHED. Councilmember Hickman questioned what had to be changed. Administrative Services Director Pressey commented that Councilmember Buckley was proposing to exclude the area that was identified for a park and school site. Councilmember Hickman questioned if there were homes allocated when staff came up with the figures. Mr. Pressey confirmed he did not. He explained that if it came back and the developer wanted to put in homes under this method there would not be any annexation since the homes would get assessed and no changes would need to be made. He indicated that they were excluded the site would be annexed in later. Councilmember Hickman asked Mr. Pressey his preference. Mr. Pressey commented that staff was consistent with all 16 other annexations. He further commented that he felt it was appropriate to move forward, although he did understand Councilmember Buckley's concerns. Mayor Magee clarified that if the school was not built on the site and more homes were approved at a later date, the assessment district for public safety would already be in place and there would be no need to bring the item back to Council. Page 10 City Council Meeting Minutes - February 28, 2006 Mr. Pressey confirmed. City Treasurer Weber inquired where the money would come from to build the infrastructure for those homes if the school was not built and the houses were. Mr. Anderson indicated that the infrastructure would already be placed. City Treasurer Weber commented that the property was currently set up as a possible school site which meant the developer would not pay anything; and allowed the developer to build houses later and not pay any back taxes on the open land. He indicated that it was not fair to the other homeowners. Mayor Pro Tern Schiffner made a substitute motion. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-26, DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. Councilmember Hickman commented that a school would need to be built in that area. He indicated that there would be too many homes and children in that area. He indicated that it would not make sense for them to not want to build a school. Councilmember Buckley's motion failed for lack of a second. Mayor Magee inquired if there were any property owners subject to the proposed special taxes who wished to file a written protest. Mayor Magee closed the public hearing at 7:40 p.m. THE FOREGOING SUBSTITUTE MOTION CARRIED BY A VOTE OF 4- 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING THE DISSENTING VOTE, TO ADOPT RESOLUTION NO. 2006-27 CALLING FOR A SPECIAL ELECTION. Page 11 City Council Meeting Minutes - February 28, 2006 Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING THE DISSENTING VOTE, TO ADOPT RESOLUTION NO. 2006-28, ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING THE DISSENTING VOTE, TO CONDUCT FIRST READING OF ORDINANCE NO. 1170, AUTHORIZING THE LEVY OF A SPECIAL TAX. ORDINANCE NO. 1170 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. 17 (SUMMERLY) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page 12 City Council Meeting Minutes - February 28, 2006 23. Formation ofCFD 2006-1 (Summerly); call a Special Election; canvas election results; authorizing levy of Special Taxes. Mayor Magee opened the public hearing at 7:45 p.m. City Manager Brady indicated that Administrative Services Director Pressey would be presenting the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of publication was on file in the City Clerk's office. Administrative Services Director Pressey gave an in-depth overview of the item. He indicated that it was the facilties CFD. He indicated that there would be bonds issued not to exceed the amount of $85 million. He noted there were three improvement areas which were identified in the map on page 4 of 157. He indicated that the average special tax was $2,603. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-29, APPROVING THE JOINT FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. Mayor Magee inquired if there were any property owners subject to the proposed special taxes who wished to file a written protest. Mayor Magee closed the public hearing at 7:47p.m. Councilmember Hickman commented that the developer was looking for a bond issuance of $85 million, but the cost estimates were $94 million, which meant the developer was putting in an extra $9 million of their own money. He noted that they were striving to do what was best for the City. Page 13 City Council Meeting Minutes - February 28, 2006 THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1 WITH BUCKLEY ABSTAINING. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-1 WITH BUCKLEY CASTING THE ABSTAINING VOTE TO ADOPT RESOLUTION NO. 2006-30, APPROVING THE FORMATION OF THE DISTRICT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING THE ABSTAINING VOTE, TO ADOPT RESOLUTION NO. 2006-31 TO INCUR BONDED INDEBTEDNESS AND CALL A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING THE ABSTAINING VOTE, TO ADOPT RESOLUTION NO. 2006-32 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1171 AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND SPECIAL TAX. ORDINANCE NO. 1171 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. Page 14 City Council Meeting Minutes - February 28, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: BUCKLEY Councilmember Buckley gave an explanation for the way he voted. He indicated that he felt that in the future it was important for the City to retain as much leverage as possible for that particular site in question. City Attorney Leibold clarified that on Item No. 23, Councilmember Buckley's vote on each motion should be an abstention, to reflect that each of the items was approved 4-0 with 1 abstention. 24. Formation ofCFD 2006-3 (La Strada). Mayor Magee opened the public hearing at 7:51 p.m. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. City Attorney Leibold clarified that the public hearing would remain open. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE PUBLIC HEARING TO MARCH 28, 2006. 25. Mitigated Negative Declaration No. 2005-05, Zone Change No. 2005-02 and Tentative Tract Map No. 33486. Community Development Director Preisendanz gave an in-depth overview of the item. He indicated the location of the project. He noted that the Planning Commission recommended approval of the item. Page 15 City Council Meeting Minutes - February 28, 2006 Dave Leonard, Corman Leigh, commented that the project's average lot size was 9,000 square feet. He indicated they were pleased with the proposal. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-33 ADOPTING THE MITIGATED NEGATIVE DECLARATION/MITIGATION MONITORING PLAN NO. 2005-05. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1172 APPROVING ZONE CHANGE NO. 2005-02. ORDINANCE NO. 1172 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2005-02 CHANGING THE ZONING DESIGNATION OF THE PARCEL(S) SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER'S 379-150- 001, 002, 041, 042, 043 & 044 FROM R-E (ESTATE SINGLE- FAMILY RESIDENTIAL DISTRICT) TO R-l (SINGLE- FAMILY RESIDENTIAL DISTRICT) UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY WITH A VOTE OF 4-1, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-34 APPROVING TENTATIVE TRACT MAP NO. 33486. Page 16 City Council Meeting Minutes - February 28, 2006 4-0, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-34 APPROVING TENTATIVE TRACT MAP NO. 33486. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory, agencies, appeal boards, or legislative body concerning the Tentative Tract Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will prompdy notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's, check or check, made payable to the County Recorder, for filing of a Certification of Fee Exemption "De Minimis Impact Finding." in the amount of $64.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. 3. The applicant shall comply with those mitigation measures identified 10 the Mitigated Negative Declaration No. 2005-05/Mitigation Monitoring Plan. TENTATIVE TRACT MAP NO. 33486 4. The Tentative Tract Map will expire two (2) years from date of approval unless within that period of time CC&R's, if required, 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. 5. The Tentative 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, Tide 16 unless modified by approved Conditions of Approval. 6. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and recommended approval by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 7. In the event an association or other legally responsible entity fail to maintain applicable improvements in such a manner as to cause same to constitute a public nuisance, said City Page 17 City Council Meeting Minutes - February 28, 2006 8. Prior to construction of the proposed detention basin, a Fencing Plan shall be submitted for review and approval by the Planning Division. 9. Prior to Final Map recordation, in the event that an LLMD or other acceptable entity is not formed, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded and funded in place. All Association documents shall be approved by the City and recorded, such as Articles of Incorporation for the Association, and Covenants, Conditions, and Restrictions (CC&R's). 10. Membership in the Home Owner's Association, if required, shall be mandatory for each buyer and any successive buyer. ADMINISTRATIVE SERVICES 11. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003- 01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. - , 12. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Lighting and Landscaping 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. 13. Upon completion of the Fire Station Impact Study and other impact fee studies, Developer shall pay impact fee. 14. Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall form a Mello-Roos Community Facility District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development and federal NPDES requirements to offset the annual negative fiscal impacts of the project. ENGINEERING DIVISION General Requirements: 15. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. .- Page 18 City Council Meeting Minutes - February 28, 2006 16. Prior to commencement of grading operations, if off-site soils transport is required, applicant to provide 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. 17. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 18. Tract Phasing Plan shall be approved by the City Engineer. Bond public improvements for each Phase as approved by the City Engineer. Secondary access shall be provided for each phase. 19. An Encroachment Permit shall be obtained prior to any work on City right-of-way. 20. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 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. 21. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 22. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23. 19 Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 24. 10 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. 25. 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. 26. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. An access road for maintenance to detention/water quality basins shall be provided. Page 19 City Council Meeting Minutes - February 28, 2006 27. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Yz" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 28. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 29. Street improvements including street lighting, traffic signals, and traffic signing and striping shall be required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and/or riverside county standards. 30. Street lighting and landscaping on public right-of-way shall be maintained by a maintenance assessment district. 31. All open space and slopes and detention basin shall be owned and maintained by an LLMD. If an LLMD or other appropriate entity cannot be formed, then maintenance shall be provided by a home owner's association. An access road for maintenance shall be provided. 32. 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. 33. Protect palm trees in place, or contact the Community Services of City of Lake Elsinore for Palm Tree Preservation Program, LEMC 5.78 Ordinance 1044. 34. 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. 35. 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. 36. Roof drains shall not be allowed to outlet directly through coring in the street curb. 37. Roofs should drain to a landscaped area. 38. 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. 39. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality in the Riverside county NPDES Drainage Area Management Plan. Page 20 City Council Meeting Minutes - February 28, 2006 - Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 40. Applicant shall form or annex into an LLMD. If an LLMD or other appropriate entity cannot be formed, then the applicant shall record CC & R's for maintenance of, the detention basin and street lighting within the project. The CC & R's shall be approved by the Planning Director prior to recordation of final map. 41. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to fInal map approval. 42. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to fInal map approval. 43. All Public Works requirements shall be complied with as a condition of development as specifIed in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 44. Make an offer of dedication for all public streets and easements required by these conditions or shown on the Tentative Map. All land so offered shall be granted to the City free and clear of all liens and encumbrances and without cost to the city. - 45. Some of the improvements shown on the Map and/or required by these conditions could be located off-site on property which neither the City nor the subdivider may have no tide or interest to permit the improvements to be made without acquisition of tide or interest. The subdivider shall pay all costs for acquisition of tide or interest. 46. A Calif. Registered Civil Engineer shall prepare street and drainage improvement plans and specifIcations. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Street improvement plans shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The prof1les and contours will extend to 50' beyond the property limits. 47. Interior streets shall be dedicated and improved to public residential street standards (40'/60') or as shown in the map. 48. Construct a traffic signal at Terra Cotta Road and Lakeshore Drive as required by the Traffic Study contained within the Mitigated Monitoring Program. Note that this location is covered under the TIF program. The applicant may ask for a reimbursement agreement subject to the approval of the City Engineer. - 49. Construct half-width street improvements along the project frontage on Machado Street. The improvements include ac pavement, ac transitions, curb and gutter, sidewalk, street lighting, and signing striping. Page 21 City Council Meeting Minutes - February 28, 2006 50. Construct a paved pedestrian connection that provides access from Terra Cotta Road to the ac paved road at the northeast comer of the property. 51. Install survey monument at Terra Cotta Road and "A" Street. 52. Contribute on a fair share basis to the cost of traffic improvements as listed in Table 6-1 of the Traffic Study prepared by Urban Crossroads dated October 10, 2005. Prior to Issuance of a Grading Permit: 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 increased in runoff, flooding and/ or erosion downstream caused by development of the site and/ or diversion of drainage. 54. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 55. An Alquist-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. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 58. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit: 59. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 60. Street dedications and abandonment shall be processed and approved prior to building permit issuance. 61. 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. Page 22 City Council Meeting Minutes - February 28, 2006 62. Pay all Capital Improvement Mitigation and Plan Check fees (LEMC 16.34). 63. Pay the fair share cost of Traffic Improvements required in the traffic study. Prior to Occupancy: 64. 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. 65. The improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 66. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 67. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 68. All traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 69. Water and sewer improvements shall be completed in accordance with Water District requirements. 70. The Traffic Signal at Terra Cotta Road and Lakeshore Drive shall be completed and in operation as required by the Traffic Study contained within the Mitigation Monitoring Program. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1168 - Authorizing the levy of a Special Tax. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1168 AUTHORIZING THE LEVY OF A SPECIAL TAX. Page 23 City Council Meeting Minutes - February 28, 2006 ORDINANCE NO. 1168 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. 15 (LA STRADA) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1169 - Authorizing the levy of a Special Tax. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1169 AUTHORIZING THE LEVY OF A SPECIAL TAX. ORDINANCE NO. 1169 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. 16 (TR 32129) ANNEXED TO SAID DISTRICT. Page 24 City Council Meeting Minutes - February 28, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 33. Adoption of Ordinance prohibiting medical marijuana dispensaries in the City of Lake Elsinore. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave a brief overview of the item and deferred to Police Chief Fetherolf for the presentation. Police Chief Feterholf gave some background on the item. He indicated that he had requested this ordinance which was prepared by the City Attorney's Office. He explained that the United States Code 841, known as the Control Substances Act, specifically prohibited the use and/or distribution of marijuana. He commented that all states had passed laws in conformance with federal law regarding the prohibition of the possession, sale, usage, etc. of marijuana. He indicated that police officers make arrests based on state laws, which conformed with the federal law prohibiting the use of marijuana. He commented that in 1996, voters of the State of California passed Proposition 215 known as the Compassionate Use Act of 1996. He noted that Act permitted the possession of small amounts and growing small amounts of marijuana under very specific circumstances for persons deemed medically needy by a qualified physician to possess and use marijuana. He further explained that in 2004 the California Senate passed Senate Bill 420 called the Medical Marijuana Program. He indicated that the problem presented by law enforcement was a federal law that prohibited the use of marijuana and state law that permitted the use of marijuana. He indicated that California police officers have a duty to uphold the law of the City, County, State and the Federal Government. He commented that in a decision by the Supreme Court in Raich v. Gonzales, they addressed the Page 25 City Council Meeting Minutes - February 28, 2006 issue and confirmed that the Controlled Substances Act did not contain a Compassionate Use exemption; and therefore was still a violation of federal law to possess or distribute marijuana even for medical purposes. He commented that marijuana dispensaries were popping up all around the State. He indicated that the County of Riverside started issuing cards to individuals that qualified under state law to be able to purchase and possess the small amounts. He indicated that a qualified individual could possess 8 ounces of dry marijuana and grow 6 mature plants or 12 immature plants. He indicated that the County of Riverside had experienced some problems associated with medical marijuana dispensaries. He noted his recommendation to the City Council. He also noted some land use issues that involved medical marijuana and deferred to City Attorney Leibold. City Attorney Leibold explained that the proposed Ordinance focused on the City's police power and land use zoning authority. She noted that the intent of the Ordinance was not to infringe upon the rights provided under state law or to conflict with areas of state law. She indicated that by the City issuing any permit for a dispensary could be foreseen as aiding and abiding a federal crime. She commented that the City Council and City staff had received numerous emails regarding the issue; and noted that one of their concerns was that the City could not and should not regulate or attempt to regulate in a manner that was inconsistent and conflicted with state law. City Attorney Leibold commented that she had discussed the issue with Police Chief Fetherolf and that they proposed the addition of the following sentence into Section 3 - "Nothing in this Chapter 17.69 shall be interpreted or enforced in a manner that conflicts with applicable state law." Ron LaPere, 16867 Wells Street, waived is request to speak on the item. David Travers, 15091 Joy Street, was not present at the time he was called forward to speak. Lavonne Victor, 45826 Palimetto Way, commented that she was a resident of Riverside County. She noted that she understood the concerns of law enforcement, states and cities concerning that law. She indicated that there was a lot of improvements that needed to be made in the Health Department of Health Agencies. She indicated that she had also spoken on panels regarding drug addiction and the destruction it did to families. She indicated Page 26 City Council Meeting Minutes - February 28, 2006 that her doctor's recommendation for the use of cannabis has allowed her to get rid of a lot of chemicals prescribed to her that had affected her body. She noted there was a difference of opinions surrounding medical marijuana. She noted California Constitution Section 3.5, Article 3. Martin Victor, 45026 Palmetto Way, provided Council with a copy of Temecula's ordinance regarding medical marijuana dispensaries. He commented that the Supreme Court never said that California's law was unconstitutional. He indicated that the state law did not go into dispensaries, but did address cooperatives and collectives. He indicated that in all the places they had traveled, there had only been one individual that he encountered that was against cooperative and collectives. He commented that it worked and it helped sick people. He noted that there was a dispensary in Palm Desert and there was not anyone in the neighborhood that had a problem with the facility. He noted that before the State of California has issued identification cards, there was only a recommendation from a physician. Douglas Lanphere, Lake Elsinore, commented that he was an advocate for medical marijuana patients. He indicated that he participated with the Riverside County Department of Social Services in the implementation of Senate Bill 420, codified into Health & Safety Code section 11362.775. He indicated that the County started issuing medical marijuana ID cards on December 1 st, 2005. He noted the rights of patients that were issued the ID cards. He noted the differences between dispensaries and collective and cooperative cultivation. He noted that proposed Ordinance 1173, page 3, read "Cooperative commonly known as medically marijuana dispensaries". He indicated that he objected to the grouping of cooperatives with dispensaries. He requested that Council amend the findings of fact to reflect the clarification. He noted that proposed Ordinance 1173 defined locations as "Any facility or location where medical marijuana is made available to and/or distributed by one of the following: primary caregiver, qualified patient or a patient with an identification card." He indicated that the description was too vague. Stephen Roper, 15150 Grand Ave, commented that he was a resident as well as a prescribed marijuana user. He commented that the issue was about living, not about the law. Page 27 City Council Meeting Minutes - February 28, 2006 David Travers, 15081 Joy Street, apologized for being absent earlier and thanked the Mayor for allowing him to address Council. He noted he was a marijuana patient. He noted that he had to drive to Palm Springs for his medication. He indicated that Police Chief Fetherolf believed that from a law enforcement stand point, the Federal Government superceded local and state laws. He indicated that if that was the case, then there were a lot of laws they were forgetting to enforce. He indicated that marijuana patients should not have to travel that far. City Attorney Leibold commented that Mr. Lanphere did correctly speak from the Health & Safety Code. She commented that the proposed language recognizing that it was not the intent of the proposed ordinance to be interpreted or enforced in a manner that it was inconsistent and conflicted with state law. She indicated that she would not object to another clarification. She noted in the second recital with the language of opening businesses or cooperatives commonly known as medical marijuana dispensaries. She noted there would be a deletion of the words "or cooperatives" to avoid ambiguity, so the Ordinance read "Whereas, the Act does not require or provide for the opening of businesses commonly known as Medical Marijuana Dispensaries." Mayor Magee inquired if that was consistent with the goal of Police Chief Fetherolf. Police Chief Fetherolf confirmed. Councilmember Kelley inquired if there were any dispensaries within the City. Police Chief Fetherolf commented that there were none. Councilmember Kelley inquired if patients did not go to a dispensary, where would they go. Police Chief Fetherolf commented that they would be allowed to grow it in the legal amounts authorized by state law in their backyard. City Attorney Leibold indicated that there were other exempted facilities that fit within the definition. Page 28 City Council Meeting Minutes - February 28, 2006 - Councilmember Buckley questioned using paragraph C of the Temecula Ordinance. City Attorney Leibold commented that the Temecula Ordinance was an interim urgency ordinance. Councilmember Buckley questioned why the item was not presented to the PSAC. Police Chief Fetherolf explained that it was an oversight and a sense of urgency due to the problems around the County regarding medical marijuana. He indicated that it was not intentional. Mayor Pro Tern Schiffner commented that he could not speak for or against the usage of medical marijuana. He indicated that in order to be consistent there needed to be an ordinance. He indicated that he would vote in favor of the Ordinance. Councilmember Hickman clarified the purpose of the Ordinance. He indicated that the Council and staff were trying to prohibit the establishment of dispensaries of medical marijuana. Mayor Magee clarified that section 17.69.010 of the Temecula ordinance provided by Mr. Victor would be used in the Lake Elsinore Ordinance; and amended to add Item c to read "no conflict with state law, this ordinance shall in no way limit the right to possess, use or cultivate marijuana for medical purposes authorized by the laws of the State of California." MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1173, TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF LAKE ELSINORE WITH MODIFICATIONS. Page 29 City Council Meeting Minutes - February 28, 2006 ORDINANCE NO. 1173 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 17.69 TO TITLE 17 OF THE LAKE ELSINORE MUNICIPAL CODE TO PROHIBIT THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES IN THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Industrial Design Review No. 2004-04. Community Development Director Preisendanz gave an overview of the item. He indicated the review was an expansion of Town & Country Towing. He commented that the Planning Commission recommended approval of the item and staff had recommended that the RDA concur with Council's decision. Councilmember Buckley commented that the building was nice. He requested that a large tree be added on the east elevation. Mr. Preisendanz indicated that could be done through the construction and landscaping. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2006-35, APPROVING INDUSTRIAL DESIGN REVIEW NO. 2004-04. Page 30 City Council Meeting Minutes - February 28, 2006 Mayor Magee commended Mr. Gary Brown for continuing to invest in the community. He indicated that Mr. Brown had always given back to the community. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts wiil be reviewed at the time of buildingpermit issuance and mqy be raised.) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the, Industrial Project which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will prompdy notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to prompdy notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PLANNING DIVISION 2. Design Review approval for Commercial Design Review No. 2004-04 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one (1) year a building permit related to the Design Review is issued and construction commenced and diligendy pursued toward completion. The Design Review granted herein shall run with the land for this one (1) rear period and shall continue to be valid upon a change of ownership of the site. 3. Prior to certificate of occupancy, the driveway, parking lots, vehicle storage area, perimeter and internal landscaping shall be completed as indicated on the approved plans. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 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. Page 31 City Council Meeting Minutes - February 28, 2006 6. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 7. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. 9. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 10. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. The applicant shall construct a six foot (6') decorative masonry wall with pilasters at the gates and corners of the wall. Six foot (6') opaque gates shall be required. 13. All storage areas shall be enclosed with a six foot (6') masonry wall (exterior split face/interior smooth block) and six foot (6') opaque gates per the review and approval of the Community Development Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. The trash enclosure shall be landscaped on three sides and allow for climbing vines. 15. No exterior roofladders shall be permitted. 16. All exterior downspouts shall be located inside the building. 17. Applicant shall use roofing materials with Class "A" fire rating. 18. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 19. Materials and colors depicted on the plans and Color and Materials Board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. Page 32 City Council Meeting Minutes - February 28, 2006 22. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. 22. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 23. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). Prior To Building/Grading Permits 24. 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. 25. A minimum six foot (6') wide planter is required at the center of each proposed parking row. The planter shall include a minimum of ground cover and one (1) twenty-four inch (24") box tree. 26. The five foot (5') setback area shown on the Site Plan shall be landscaped from the front setback boundary line to the rear boundary line. 27. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty feet (30) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved areas with a six-inch (6") high and six-inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. Page 33 City Council Meeting Minutes - February 28, 2006 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. 28. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 32. The applicant shall comply with Section 17.78, Noise Control of the Lake Elsinore Municipal Code. 33. The Multiple Species Habitat Conservation Fee (MSHCP) shall be due upon issuance of each building permit. Page 34 City Council Meeting Minutes - February 28, 2006 ENGINEERING DIVISION General Conditions: 34. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 35. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 36. 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. 37. An Encroachment Permit shall be obtained prior to any work on City right-of-way. 38. Applicant shall obtain an encroachment permit from Caltrans for all proposed work in State Route 74. 39. Street improvements, traffic signing and stnpmg are required as part of this project. The improvements shall be prepared by a registered civil engineer and shall meet city and/or riverside county standards. 40. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 41. Applicant shall pay all applicable development impact/mitigation fees, including but not limited to TUMF, MSHCP, TIF and area drainage fees. 42. 10 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 Yz" x 11" Mylar) shall be submitted to the Engineering Division before fmal inspection of public 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. Page 35 City Council Meeting Minutes - February 28, 2006 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 oudet direcdy through coring in the street curb. 48. Roofs should drain to a landscaped area. 49. Applicant shall comply with all NPDES requirements in effect; including the submittal of a Storm Water Pollution Prevention Plan (SWPPP) and a Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. 50. 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. PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways -without Regional Water Quality Control Board permit or waver - is stricdy prohibited by local ordinances and state and federal law. Prior to Issuance of a Grading Permit: 51. 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. 52. 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. 53. Provide soils, geology and seismic report. Provide fInal soils report showing compliance with recommendations. 54. 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. 55. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 56. Applicant shall provide the city with proof of his having f1led a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. Page 36 City Council Meeting Minutes - February 28, 2006 57. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction, which describes BMP's that will be implemented for the development and including maintenance responsibilities. Prior to Issuance of Building Permit: 58. Unless other timing is indicated, 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. 59. Dedicate full half width right-of-way for Collier Avenue. Right-of-way width shall be 60-feet as measured from the centerline of Collier Avenue to the proposed property line. 60. Construct the project driveway per County Standard No.207 A. The driveway shall be right- in/ out only and shall be provided with appropriate right-in/out signage. 61. Pay cash-in-lieu of construction for half of the median on Collier Avenue. The amount shall be based on the engineer's estimate of one-half median for the frontage length of the project. 62. Comply with access requirements from the Fire Department. 63. 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. 64. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34) including, but not limited to Traffic Improvement Fee, Transportation Uniform Mitigation Fee, Area Drainage fee, etc. Prior to Occupancy: 65. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 81/2" x 11" Mylar) shall be submitted to the Engineering Division. 66. All public improvements including signing and striping, and street lighting shall be completed in accordance with the approved plans or as condition of development to the satisfaction of the City Engineer. 67. Site parking and onsite access to the project shall be completed. 68. Coordinate the construction of a street light with Southern California Edison consistent with the City Standard street light spacing. Page 37 City Council Meeting Minutes - February 28, 2006 69. Construct full half width street improvements on Collier Avenue such that the distance from the centerline to the curb face is 48-feet. 70. Construct transitions from the proposed project curb line to the existing pavement to the north and construct a transition from the proposed curb line transitioning to the existing curb line to the south. Transitions shall be made at a rate no less than 10:1. 71. Water and sewer improvements shall be completed in accordance with Water District requirements. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:39 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS 1) Announced the following upcoming events: Mar 4th Mar 4th Mar 4th Mar 11 th Mar 11 th Household Hazardous Waste Collection Lake Elsinore Girls Softball opening day Lake Elsinore Little League fund raising carnival Factory Free-style Moto X and music festival Lake Elsinore Little League opening day CITY ATTORNEY COMMENTS No comments. CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion. She announced that there were 3 items scheduled for Closed Session. Council announced prior to the commencement of that meeting that Item b would not be discussed and was tabled until the March 14th meeting. She noted that Item a was discussed and there was no reportable action. Page 38 City Council Meeting Minutes - February 28, 2006 COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Noted the trip to Washington, D.C. Noted that she felt the trip was successful. She commended City Manager Brady on the information presented; and also commended lobbyist Mr. Dave Kennett. City Manager Brady commended Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information/Communication Manager Dennis and other staff members for their thorough input. Mayor Pro Tem Schiffner commented on the following: 1) Thanked the citizens for attending the Council meeting. Councilmember Hickman commented on the following: 1) The Senior Center was doing income taxes at no cost. Encourage the community to schedule an appointment. Councilmember Buckley commented on the following: 1) He suggested if anyone in the public wanted to send a letter of support for the federal funding request, to contact the Chamber of Commerce. He suggested posting Congressman Issa' s address and Senator Feinstein's address on the City website. City Manager Brady commented that if citizens wished to submit letters of support to contact Information/Communication Manager Dennis. Page 39 City Council Meeting Minutes - February 28, 2006 Mayor Magee commented on the following: 1) Thanked the community and Council for allowing him to represent the City. He commended the Ferguson Group and Dave Kennett on the professional assistance that they received. He also commended staff, commenting on City Manager Brady's leadership. He also recognized Information/Communication Manager Dennis, Lake & Aquatic Resources Director Kilroy and City Engineer Seumalo. He noted the presentation was highly professional. He noted that if it was successful he would recommend that it be an annual ongoing event. 2) He commented that when the GP AC was formed, Council allowed County residents to be on the committee. He noted that there was a County resident on the committee. He indicated, that at that time, Wildomar's focus was somewhat south of Lake Elsinore and Wildomar residents did not apply for a seat on the committee. He indicated that he had spoken to some Wildomar residents that were now interested in sending a representative to be on the GP AC committee. He indicated that he would need a concurrence from Council to allow a Wildomar resident to come and sit with our GP AC to work with our staff and consultant. Council gave concurrence. Mayor Magee indicated that he would notify the Wildomar residents. 3) He commented that Trumark was working on an Outreach Campaign to Wildomar. He indicated that when the Trumark item came before Council there would be a better understanding between the City and the unincorporated community next to us. He noted that we all needed to work together. / The Regular City Council Meeting was adj~}I{.,e r#' ERT E. MA E, MAYOR CITY OF LAKE LSINORE E I RAY, CITY CLERK CITY OF AKE ELSINORE