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HomeMy WebLinkAbout04-11-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 11,2006 ****************************************************************** 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 A.ttorney 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, City Treasurer Weber and City Clerk Ray. CLOSED SESSION THE REGULAR CITY COUNCIL MEETING WAS RECESSED INTO CLOSED SESSION AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Magee. Agenda Item No. 1 a Page-Lof 39 Page 2 - City Council Meeting Minutes -April 11, 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 lYIanager Dennis, Building & Safety Manager Chipman, Recreation/Tourism Manager Fazzio, Police Chief Fetherolf, 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 ~ 54956.9: (3 potential cases). PRESENTATION/CEREMONIALS A. Business of the Quarter - Arreverdirci Roma Restaurant Mayor Magee called forward Paul Kramer, Donna Kramer and Antonio Tartaglia; the owners of Arreverdirci Roma. He commented that they had a unique dinning experience. Mayor Magee presented the owners with a plaque. Mr. Antonio Tartaglia thanked the Council for the honor. He invited everyone to visit the restaurant. Mr. Kramer thanked the Council for the honor. Agenda Item No. 1 a Page~of 39 Page 3 - City Council Meeting Minutes -April 11, 2006 CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed under Closed Session Item A. She noted that there was no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Lorraine Watts, NAACP President, commented on the scholarship banquet that was recently held. She noted that they would be able to give 11 $500 scholarships. She indicated that all high school seniors in the valley were highly encouraged to apply. Eric Van Schoyck, 29213 Sandpiper Drive, commented on safety for children in his neighborhood. He commented on vehicles racing on Sandpiper Drive. He requested assistance from the Council. Mayor Magee commented that the City Manager had made Council aware of the issue and the City Manager was working with the Police Chief regarding the issue. Mark Powers, 4637 Presidio Drive, Los Angeles, commented that he owned property in the City. He questioned receiving a notice for weed abatement. He noted the property was on an incline and was not a fire hazard. He question if an extension could be given beyond the May deadline: Mayor Magee suggested that Mr. Powers speak with Community Services Director Sapp. Donna Franson, Lake Elsinore Citizens Committee, commented that they would be holding a meeting at 7 p.m., Thursday, April 13th, at the Tuscany Hills Club House. She noted that Chamber President Kim Cousins would be the guest speaker. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO PULL ITEMS 5, 6, 7 and 8 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. Agenda Item No. 1 a Page----1-of 39 Page 4 - City Council Meeting Minutes -April 11, 2006 1. The following Minutes were approved: a. Regular City Council Meeting - February 28, 2006. b. Joint City Council/Redevelopment Agency Study Session - March 14,2006. c. Regular City Council Meeting - March 14, 2006. 2. Ratified Warrant List for March 30, 2006. 3. Rej ected the claims as listed and directed the City Clerk to send letters to each claimant informing them of the decision. 4. Authorized the City Manager to execute the Professional Services Agreement with HDR Engineering for environmental services. 9. Authorized the City Manager to execute the agreement, subject to any modifications as might be approved by the City Attorney, with OMNIS for on- call Professional Engineering Services including pavement management update. ITEM PULLED FROM THE CONSENT CALENDAR 5. Request for approval to sell alcohol on the Levee. Mayor Magee introduced the item. Recreation/Tourism Manager Fazzio commented on the item. She noted that it was for the Wakeboard Championship event scheduled in June. She reminded Council that the Levee was considere~ a park and currently alcohol was not allowed in the City parks. Kim Cousins suggested that community organizations and non-profit organizations be utilized to operate venues that sell alcohol so they receive revenue from the events. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE REQUEST BY THE WORLD SPORTS AND MARKETING TO SELL ALCOHOL ON THE LEVEE FOR THE WAKEBOARD CHAMPIONSHIP EVENT. Agenda Item No. 1 a Page~of 39 Page 5 - City Council Meeting Minutes -April 11, 2006 6. Waiver of fees - Boys & Girls Club. Mayor Magee introduced the item and deferred to Recreation/Tourism Manager Fazzio. Mrs. Fazzio commented on the item. She noted the location of the event. She indicated that they had requested a waiver of all fees. She indicated that the City normally did not waive staff fees and lighting costs. Councilmember Kelley noted that the amount requesting to be waived. She indicated that the event was expected to have 350 to 400 attendees. Boys & Girls Club Director Angela Fox commented on the request. She noted the fund raising event would allow the club to provide services. She commented that the funds raised, would help to allow the club to keep their fees to a minimum. Chamber President Kim Cousins commented that he was in support of waiving the fees for the event. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE WAIVER OF FEES FOR THE BOYS & GIRLS CLUB. 7. Implementation documents to Concession Agreement for Destination R. V. Resorts. Mayor Magee introduced the item and deferred to Lake & Aquatic Resources Director Kilroy. Lake & Aquatic Resources Director Kilroy gave an overview of the item and deferred to Fred Rice of Destination R.V. Resorts. Mr. Rice commented on the Memorandum of Lease which needed to be approved by Council. He noted that the completion of the project would be in 18 months. He noted that the Resort would benefit the community when it was finished. ' Councilmember Buckley commented on the project. Agenda Item No. 1 a Page~of 39 Page 6 - City Council Meeting Minutes -April 11, 2006 Councilmember Hickman noted the cost of the project was estimated at $22 million. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE FINAL DOCUMENTS SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY. 8. Traffic Signal and Intersection Improvements at Grand Avenue and Ortega Highway (SR-74) Change Order No. 1. City Engineer Seumalo gave an overview of the item. He commented on the Change Order. He noted that Council approved the design in October 2005. He noted construction was to begin in July and project completion was anticipated in early November. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO.1 FOR $19,800 FOR NBCE, INC AND AUTHORIZE THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.1. PUBLIC HEARINGS 21. Canyon Hills Estates Annexation. Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady commented on the item and deferred to Community Development Director Preisendanz. Community Development Director Preisendanz commented that the item was a request to annex and pre-zone approximately 246 acres, located adjacent to the City's boundaries. He commented that it was specifically located south of and contiguous to the Canyon Hills Specific Plan. He noted the items before Council to be approved were Mitigated Negative Declaration No. 2006-02, General Plan Amendment No. 2005-08, Zone Change (Pre-Zone) No. 2005-09 and Annexation No. 75. He noted that the item was heard by the Planning Commission on February 21, 2006 and there was no recommendation from the Planning Commission. He noted staff recommendations were for the City Council to adopt the resolution adopting the Mitigated Negative Declaration, Agenda Item No. 1 a Page~of 39 Page 7 - City Council Meeting Minutes -April 11, 2006 adopt a resolution approving General Plan Amendment changing the City's boundaries to incorporate the subject parcels, adopt City Council Ordinance approving Pre-Zoning of the property to future Specific Plan and approve City Council resolution approving Annexation No. 75 consenting to the commencement of the proceeding to annex the subject property into the corporate boundaries of the City of Lake Elsinore. Mr. Preisendanz commented that if the City adopts the resolutions, the applicant would submit this item to LAFCO; and ifLAFCO deemed the application complete they would issue a Certifi,cate and file them. He indicated that the item would be on LAFCO's consent calendar to be heard by the Commission. Mr. Preisendanz commented on some points of clarification. He commented that the project was originally submitted on October 12,2005. He noted that in that submittal was the Negative Declaration, General Plan Amendment, Zone Change and Annexation. He noted that it had also included a Tentative Tract Map that had been since withdrawn and the money refunded to the applicant. He noted that application was submitted in the attempt to submit a site plan. He indicated that there was not a project before Council at this time. He explained that if the property was annexed into the City of Lake Elsinore it would go through the hearing process and the applicant would be submitting whatever project they would submit as part of the Specific Plan. Mayor Magee opened the public hearing at 7:32 p.m. Steve Draine, 32255 Navajo Springs Road, Wildomar, commented that he was the CEO of a large architectural firm. He commented that he was familiar with the process. He also commented that he was not in favor of the annexation. He commented that there would be additional traffic around his home. He indicated that he had been working with the C~unty of Riverside to get Lost Road paved. He noted they would not pave it because it turned into a single lane road. He suggested eliminating lot no. 1 of Tract 2910 from the annexation and placing a small bridge connecting the development over Pardee's retention basin into Sugarbush Lane and come out to Lost Road. Gary Andre, 31906 Gruwall Street, Wildomar commented that he was Butterfield Trails Chairman and a member of the Riverside County Trail Committee. He commented that this project would destroy the trail system. He noted the lots needed to be increased to ranch size homes. He commented Agenda Item No. 1 a Page ------L-of 39 Page 8 - City Council Meeting Minutes -April 11, 2006 that he had spoken to Councilmember Hickman. He noted that the decision made by Council could sever the relationship with Lake Elsinore and Wildomar. Sheryl Ade, 35255 Amatista Ave, Wildomar, commented that their Attorney could not attend the meeting and requested that she read a statement into the record. Katherine Celli, 32013 Cottage Glen Drive, commented that she was there on behalf of Irene Gallagar, her grandmother. She noted that they opposed the annexation. She gave a list of reasons why the ,property owners had no vested rights before the Lake Elsinore City Council. She indicated that the General Plan Advisory Commission did not like the annexation. She noted that the residents of Wildomar opposed the annexation. She commented that she had a petition signed by over 700 Canyon Hills residents that were against Annexation and Zone Change. She indicated that they all requested that their name be entered into the record in opposition to the Trumark petition for annexation. She commented that Canyon Hills' residents did not want more cramped development in their backyards. She noted that the signatures would be presented to LAFCO. Gary Lancaster, 23540 Crab Hollow Circle, Wildomar, commented that he had been the community for 19 years. He commented that he and his wife would like for the area to stay rural. He noted that he could accept development of 5- acre parcels. He commented on Turtle Creek Road and that they would present the road to Council as an emergency type road. He commented that once people from the upper part of the development realize they could get to Crab Hollow Circle and over to Lemon Street in half the time it would take to travel back through the development, they would begin to take that route. He noted that Crab Hollow Circle was maintained by the property owners. He noted there would be a big increase in traffic. , Elmer Wickert, 32003 Cottage Glen Drive, asked questions to the City Council. He commented that he was against the annexation. Deanna Hauser, 32355 Navajo Springs Road, commented that she supported the WIN group and the cityhood of Wildomar. She expressed her concerns that the proposed annexation could affect the changing communities in a negative way. She commented that this decision could affect Wildomar's application for cityhood to LAFCO. She noted that she was in favor of growth Agenda Item No. 1 a Page--Lof 39 Page 9 - City Council Meeting Minutes -April 11, 2006 in the community. She also expressed her concerns relating to road improvement. Ed McOrmond, P.O. Box 1476, Wildomar, commented that he was the WIN Director and a resident in the community for 20 years. He noted that they had battled the annexation with Murrieta for the last 3 years. He indicated that the community of Wildomar would stand up to the City of Lake Elsinore and fight the annexation. He commented on the positive direction Lake Elsinore was headed in. He noted that they had to support their residents as well. He commented on traffic impact. He noted that the WIN committee, Wildomar residents and residents from the Lake Elsinore community opposed the annexation. Phillip Vango, 23450 Crooked Arrow Drive, Wildomar, commented that he retired to Wildomar because it was a semi-rural. He commented that the 2 property owners did not live in the area and was trying to make a quick buck. He commented on a Trumark Tract Map dated March 31, 2006. He commented that Trumark should be required to' pave roads in the County area as it related to the development. Rick Estes, 33160 Roberts Street, Wildomar, commented on the presentation that he had presented to the City Council. He commented on the Tentative Tract Map in the packet he had provided to Council. He noted that his main concern was traffic. He commented on sale tax generated from the subdivisions on Railroad Canyon Road. He noted that Wildomar would only receive traffic. Paul Metivier, 32200 Crooked Arrow Drive, Wildomar, suggested that the Council table the item. He commented that he submitted a complaint to the District Attorney due to his belief of Brown Act violations. He commented on a Planning Commission meeting. He indicated that he attended a meeting in which the people he was speaking against were solicited for funds and nobody commented until after the vote was taken. Linda Metivier, 32200 Crooked Arrow Drive, Wildomar, commented that she concurred with her husband's comments. She noted that their community was important to them. She indicated that they liked the rural area around their home. She commented that the development would border to her back yard. She requested that Council reject the annexation. Agenda Item No. 1 a Page~of 39 Page 10 - City Council Meeting Minutes -April 11, 2006 Harv Dykstra, 34860 Western Way, Wildomar, inquired why the property owners or Trumark did not present their plans to the County of Riverside. He indicated that he supported development in Wildomar. He requested that Trumark contact Wildomar and Riverside County regarding building in Wildomar and they would be welcomed. Sherry Shirley, 32380 Crooked Arrow Drive, Wildomar, commented that her property was adjacent to the property scheduled for annexation. She commented on a Tract Map. She stressed her concerns on traffic issues on Lost Road and Navajo Springs Road. She commented on children coming to a rural area not knowing about the dangers of the area. She noted that residents had built custom homes because they did not want to be tract dwellers. She suggested an ErR be done. Gino Grammatico, 32485 Crooked Arrow Drive, Wildomar commented that Ms. Shirley was referring to Tract No. 2910. He commented that Trumark bought one tract in 2910 to gain access to their ,project. He questioned if that was legal. He commented that he opposed the annexation. Bob Cashman, 23630 Peggy Lane, Wildomar, commented that he was the Chairman of the WIN committee. He indicated that their cityhood application was in the process. He noted that the decision made by the Council could damage the relationship with Wildomar for a very long time. He noted the boundaries of the unincorporated community. He commented that the City of Lake Elsinore never approached Wildomar in regard to a potential annexation in that area. He indicated that in 1997 LAFCO removed the City's sphere of influence from that area and the area was held in the boundaries of Wildomar. He noted that this was a boundary dispute and the WIN committee would represent the people that opposed the annexation. Kami Sabetadeh, 21260 Circle Vista Way, Wildomar, commented that he agreed with majority of the comments made opposing the annexation. Brenda Schroeder, 2990 Porth Road, Murrieta, commented that she was there on behalf of her father Mr. Gordon Berens and their family. She noted that they owned 160 acres of the 246 acre Canyon Hills Estate project. She indicated that in 1941 her father and grandpare~ts purchased 640 acres in Elsinore as an investment. She commented that do to her father's health issues and the current state of the real estate market, the family felt it was time to sale the remaining property. She noted her father was 82-years old and in failing Agenda Item No. 1 a Page 10 of 39 Page 11 - City Council Meeting Minutes -April 11, 2006 health and requested that his wishes along with Mr. Flanagan and Trumark, be granted in having their property annexed into the City of Lake Elsinore. Kathy Uraine was not present when called upo~ to address Council. James O'Malley, Trumark Company, 9911 Irvine Center Drive, Irvine commented on job duties. He noted that the vote before Council was to annex the property back into the City of Lake Elsinore. He noted that the vote was not for a land-use plan or tentative map or the impacts of that tentative map. He commented on the February 21st Planning Commission Meeting. He commented on a letter dated March 13th from the Executive Director of LAFCO. The letter stated that the annexation would not affect Wilodmar's application for city-hood. The letter also stated that the best case time frame regarding an election for the Wildomar efforts was March 2007. Furthermore the letter stated that Trumark's application to LAFCO would not cause the Wildomar efforts to submit a new application or pay any additional fees. Mr. O'Malley commented on roadway improvements on Lost Road to Navajo Springs Road. He commented that they would'be providing extensions of Cottonwood Canyon Road. He commented on fire protection and utilities for an area that currently did not have protection. He also commented on a public trail system. Councilmember Buckley commented that if he thought this annexation would negatively impact Wildomar's city-hood efforts he would vote against it. He indicated that he was in favor of Wildomar' s ci'ty-hood. He questioned if Trumark approached the County prior to approaching the City. Mr. O'Malley commented that they did not due to services. Councilmember Buckley questioned if Trumark would still build if they were not annexed into the City of Lake Elsinore. Mr. O'Malley responded that if the annexation was not in the City of Lake Elsinore they would not build. Councilmember Buckley commented that if and when the map was brought before Council, the trails would need to connect. Councilmember Buckley commented on Lake Elsinore government 15 years ago. Agenda Item No. 1 a Page 11 of 39 Page 12 - City Council Meeting Minutes -April 11, 2006 Councilmember Buckley commented that the City of Lake Elsinore had not approached any property owner's to annex into the City out of Wildomar. He noted the City was currently pursuing one annexation, which was located in the area around COSTCO and part of the County near Highway 74. Councilmember Buckley commented that there was currently 2,800 houses left to build in Canyon Hills and he was not sure how another couple hundred would negatively impact the area. Councilmember Buckley noted that if Trumark decided to build in the County, the sales tax dollars would go to the Canyon Hills shopping center which was located in the City. Councilmember Buckley expressed his confidence that this annexation would not have a negative impact on Wildomar's future city-hood. Councilmember Hickman inquired if there wo~ld be an assessment if Wildomar became a City to afford Police, Fire and Paramedic Services. City Attorney Leibold commented that part of the LAFCO analysis, in respect to the city-hood application, would be if the proposed City could provide adequate municipal services. She noted that there were a variety of mechanisms on how the services were financed. She commented that LAFCO would not approve an incorporation unless adequate municipal services were provided. Councilmember Hickman commented that he had breakfast with the WIN committee and he commented that he was feeling neutral. He commented that later he received threats. He also commented that the annexation would not affect Wildomar's city-hood. He commented that the City backed Wildomar and helped stopped the annexation Murrieta was proposing so they could determine their own future. He commented that, along with Councilmember Buckley, they reformed the City when they were elected into office. Mayor Magee commented that he met with Trumark representatives and with Wildomar representatives. He commented that he visited the site. He requested that City Attorney Leibold address the issue of the Brown Act violation. ' City Attorney Leibold commented that at the Planning Commission Meeting Agenda Item No. 1 a Page 12 of 39 Page 13 - City Council Meeting Minutes -April 11, 2006 there was no Brown Act violation. She commented that the item was heard and the staff recommendation involved four actions. She indicated that the items were the Mitigated Negative Declaration, General Plan Amendment, Pre- Zone and the Annexation. She explained that the actions were successive and that each action built upon the prior action. She further explained that during the Planning Commission Meeting the actions took place quickly and there was an approval of the Pre-Zone which could not be legally supported because the Mitigated Negative Declaration had not been approved. On that basis, the Assistant City Attorney requested a point of order and commented that on a legal basis there could be not action on the Pre~Zone because the preceding action on the Mitigated Negative Declaration failed to move forward with a 2- 2 vote. She explained that as procedural matter, the Planning Commission was shut down and could not make the necessary findings to take any further action on the project. She commented that the Assistant City Attorney requested that the Planning Commission acknowledge the failure to legally make those subsequent findings to support the subsequent actions. She noted that there was not a reopening or reconsideration once the public had left. Mayor Magee commented that the proposal was consistent with existing City development and the City had the ability to provide municipal services stronger than that of the unincorporated County area. He commented that there was a mechanism in place to install a Community Facilities District to provide for additional public safety funds. He commented on an additional TIF fee. He noted that the geography and topography was more conducive to the City of Lake Elsinore. Mayor Magee commented on the concerns of the Wildomar community relating to circulation impact of Tract 2910, Lost Road, Navajo Road and Crooked Arrow Drive. He indicated that if the annexation was successful and a development application moves forward; particular attention needed to be given to those areas to limit any potential impact to the surrounding area. He also noted that their needed to be sensitivity to the grading of the hill top area. He also commented that close attention needed to be given to the view, scale and any proposed density. He commented that he did not see enough space for an attached or high density product in that particular area. He commented that he supported Wildomar's incorporation area and the ability to grow and communicate with Wildomar regardless of the action Council took on the item. He further commented that he supported the annexation. Mayor Pro Tem Schiffner commented that he was in support of the annexation. Agenda Item No. 1 a Page 13 of 39 Page 14 - City Council Meeting Minutes -April 11, 2006 He commented that he did not believe based on the information provided, that this annexation would affect Wildomar's city-hood. He commented that the owner of the land had some right regarding their property. Councilmember Kelley commented that she had been a resident since 1984. She commented that it was a rural community. She expressed her support for personal property rights. She commented that she supported their application for annexation. She indicated that she understood why they wanted to annex into the City. Councilmember Kelley commented that she lived in Canyon Hills. She noted that she had met with Trumark and liked their project. She also noted that the proposed area had 4 different zones on it at this time. Councilmember Kelley commented on the hundreds of signatures on the petition by her neighbors and she could not turn her back on them. She commented that she could not vote in favor of the annexation. Councilmember Buckley commented on the oroer of voting. City Attorney Leibold explained that the Annexation application must include a Pre-Zoning application. She further explained that the Council could move forward with an annexation and deny this application for Pre-Zone, but a new zoning application would need to come through or the item would need to be continued and brought back to Council. She nQted that you could not move forward with the annexation without the Pre-Zone. She commented that the designation that Council was being asked to approve as the appropriate Pre- Zoning designation was for future specific plans. City Attorney Leibold clarified that there was no specific applicable City zoning designation on property. Councilmember Buckley questioned if there was no specific zoning designation on the property and if Council was not setting the density by approving the Pre-Zoning Ordinance. City Attorney Leibold deferred to Community Development Director Preisendanz. Agenda Item No. 1 a Page 14 of 39 Page 15 - City Council Meeting Minutes -April 11, 200~ Mr. Preisendanz replied that there was no proposed density within the Specific Plan designation. Councilmember Buckley clarified that if there was no density in the Specific Plan, the Pre-Zone did not set density. City Attorney Leibold explained that there would be future entitlements that would be processed through the City that would fill in the particulars and would be subject to additional CEQA evaluation and documentation. She clarified that there was no density established by the Pre-Zone to future Specific Plan. , City Attorney Leibold explained that the Specific Plan designation did not include a specific density. She commented that it would come forward in connection with future entitlements, including a tract map application. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-1 WITH KELLEY CASTING THE DISSENTING VOTE TO ADOPT RESOLUTION NO. 2006-43, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-02. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-1 WITH KELLEY CASTING A DISSENTING VOTE TO ADOPT RESOLUTION NO. 2006-44 APPROVING GENERAL PLAN AMENDMENT NO. 2005-08. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1175 UPON FIRST READING BY TITLE ONLY. ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE-ZONE) NO. 2005-09 TO CHANGE THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 365-220-026, 365-230-001, 005, 006, 007, 009, 010, 011, 012, AND 013 TO SP SPECIFIC PLAN SUBJECT TO COMPLETION OF THE ANNEXATION NO. 75 Agenda Item No. 1 a Page 15 of 39 Page 16 - City Council Meeting Minutes -April 11, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A VOTE OF 4-1 WITH KELLEY CASTING A ,DISSENTING VOTE TO ADOPT RESOLUTION NO. 2006-45 APPROVING ANNEXATION NO. 75. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:05 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:15 P.M. 22. Public Hearing for consideration of objections to the City's Weed Abatement Program. Mayor Magee introduced the item and deferred to Community Services Director Sapp. Community Services Director commented on the item. He noted that according to the LEMC, two public hearings were required. He noted that the first public hearing was held on February 9th. He commented that over 9,000 notices were sent to property owners informing them of a deadline of May 1 st for them to abate their properties. Mayor Magee opened the public hearing at 9: 15 p.m. Kathleen Williams was not present to address Council. MOVED BY KELLY, SECONDED BY SCHIFFNER TO ACCEPT STAFF'S RECOMMENDATION Agenda Item No. 1 a Page 16 of 39 Page 17 - City Council Meeting Minutes -April 11, 2006 Councilmember Buckley inquired if letters submitted to Council were considered as part of the objections from residents. Mr. Sapp requested a copy of any letters submitted to Council relating to objections of Weed Abatement Program. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 23. Adoption of Ordinance granting non-exclusive franchise to provide cable service to Verizon California Inc. Mayor Magee introduced the item and deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave an overview of the item. He commented that it was a 15-year agreement with a 5% franchise fee and their would be a Peg fee that would be incorporated to allow for public education and government channels. He commented that there were three issues raised by Council at the previous Council Meeting. He commented that one issue was the addition ofKZSW a local television station. He noted that Verizon agreed to add KZSW to their basic service line-up. He also commented that the issue of a local office was discussed. He noted that Verizon would have a local payment center; all equipment services would be delivered and picked-up at the customer's address. He further commented that another issue was the broadcasting of the local Council meeting. He noted that if that issue could not be resolved between Verizon and Comcast then Verizon would provide equipment on-site to broadcast the Council meeting. Tim McCallion, 4164 Oak Place Drive, Thousand Oaks commented that he was Verizon's Pacific Region President. He commented on Verizon's fiber optic systems that would be provided in the City. He noted that they did enter into an agreement with KZSW. He also commented on their band width. Kim Cousins, Chamber President, commented that the Chamber Board was in support of the agreement. He noted that it offered competition. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1174, UPON FIRST READING, BY TITLE ONLY. Agenda Item No. 1 a Page 1 7 of 39 Page 18 - City Council Meeting Minutes -April 11, 2006 ORDINANCE NO. 1174 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, GRANTING A NON-EXCLUSIVE FRANCHISE TO PROVIDE CABLE SERVICE TO VERIZON CALIFORNIA INC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 24. Resolution approving the increase in assessments and the levy of assessments for LLMD No. 1 - Zone 5, Phase 2. Mayor Magee opened the public hearing at 9:25 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 gav~ an overview of the item. He noted that Council approved a Resolution of Intention on March 14, 2006 to increase LLMD No.1 - Zone 5, Phase 2 and approved the Engineer's Report. He noted the report increased the number of street lights in Rosetta Canyon from 96 to 144. He also noted that it increased the annual assessment to $26,956 or $53.59 per dwelling unit. He commented that there was a 2% escalator. Agenda Item No. 1 a Page 18 of 39 Page 19 - City Council Meeting Minutes -April 11, 2006 Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the increase. He also inquired if there was anyone that wished to speak at all. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2006-46 APPROVING THE INCREASE IN ASSESSMENTS. Mayor Magee closed the public hearing at 9:28 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. 25. Marina Village Condominiums. Community Development Director Preisendanz commented on the item. He noted the location of the project. He noted that the applicant had agreed to provide a decorative pedestrian bridge. He noted that the Planning Commission recommended approval of the project. Mayor Magee commented that there was no condition that would restrict work on weekends and holidays. He noted that he would not support the project unless the condition was added. He commented that there would also need to be a condition reducing the spacing of street trees from 40 feet to 30 feet. He questioned if the pedestrian bridge was a phased improvement. Mr. Preisendanz commented that it would be tied to the first certificate of occupancy. Councilmember Buckley commented on the revitalization of downtown. He commented that the proposed development was suburban. He commented that the proposal was not the best use of the site. He further commented that he could not support the project as designed. Agenda Item No. 1 a Page 19 of 39 Page 20 - City Council Meeting Minutes -April 11, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING A DISSENTING VOTE, TO ADOPT RESOLUTION NO. 2006-47 APPROVING MITIGATED NEGATIVE DECLARATION NO. 2005-11. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING A DISSENTING VOTE, TO ADOPT RESOLUTION NO. 2006-48 APPROVING TENTATIVE CONDOMINIUM MAP NO. 33820. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1, WITH BUCKLEY CASTING A DISSENTING VOTE, TO ADOPT RESOLUTION NO. 2006-49 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2005-11 WITH CHANGES TO CONDITION NO. 30B CHANGING 40 FEET APART TO 30 FEET APART AND ADDING A CONDITION RELATING TO MUNICIPAL CODE SECTION 17.78.080F RELATING TO CONSTRUCTION AND DEMOLITION ACTIVITIES NOT PERMITTED ON WEEKENDS AND HOLIDAYS. GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, Conditional Use Permit and Residential Design Review which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will 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 deliver to the Planning Department a cashier's check or money order made payable to the Riverside County Clerk in the amount of One Thousand Three Hundred and Fourteen Dollars ($1,314.00) to enable the City to File the Notice of Determination. Said filing fee shall be provided to, the City within 48 hours of project approval. 3. The applicant shall comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration. Agenda Item No. 1 a Page 20 of 39 Page 21 - City Council Meeting Minutes -April 11, 2006 TENTATIVE CONDOMINIUM MAP NO. 33820 4. Tentative Condominium Map No. 33820 will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate instrument has been flied 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 Condominium Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Tide 16 unless modified by approved Conditions of Approval. 6. Prior to the first certificate of occupancy, the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, the CC&R's shall establish methods to address design improvements. 7. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to fmancially assess all properties individually owned or joindy owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and/ or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 8. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 9. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 10. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 11. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole Agenda Item No. I a Page 21 of 39 Page 22 - City Council Meeting Minutes -April 11, 2006 thereof as provided by law. 12. Each unit owner shall have full access to commonly owned areas, facilities and utilities. RESIDENTIAL DESIGN REVIEW NO. 2005-11 13. Design Review approval for Residential Design Review No. 2005-11 will lapse and be void unless building permits are issued within one (1) year of City Council approval. 14. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 15. All site improvements approved with this request shall be constructed as indicated on the approved site plan, grading plan and elevations. Revisions to approved site plans, grading 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. 16. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 17. 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. 18. No exterior roof ladders shall be permitted. 19. Applicant shall use roofing materials with Class "A" fire rating. 20. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 21. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. , 22. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 23. Decorative paving shall be included at the drive entryways and pedestrian crossings and shall be shown on the construction drawings submitted to Building and Safety. Agenda Item No. 1 a Page 22 of 39 Page 23 - City Council Meeting Minutes -April 11, 2006 24. On-site surface drainage shall not cross sidewalks. 25. Parking stalls shall be double-striped with four-inch'(4") lines two feet (2') apart. 26. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO GRADING PERMITS 27. The applicant shall comply with all requirements established by the Multiple Species Habitat Conservation Plan (MSHCP) and shall pay the Multi Species Habitat Conservation Plan fee of $859.00 per dwelling unit. 28. 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. 29. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 30. 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 :fefty-thirty feet (M) 30) apart and at least twenty-four-inch (24") box in size. (Modified by City Council on 4-11-06) c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Agenda Item No. 1 a Page 23 of 39 Page 24 - City Council Meeting Minutes -April 11, 2006 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 Lan~scape 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. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting. and irrigation details. 31. An Encroachment Permit shall be obtained for any construction related activities occurring within Riverside County Flood Control District right-of-way or facilities. PRIOR TO ISSUANCE OF A BUILDING PERMIT 32. Prior to the issuance of any building permit for the Project, Developer shall enter into an agreement with the City and the Redevelopment Agency of the City of Lake Elsinore to provide (a) 15% of the units constructed in the Project as affordable housing units in accordance with the requirements of Section 33413(b) (2) of the California Community Redevelopment Law (Health and Safety Code Sections 33000 et seq.), or (b) an alternative equivalent action as determined by the City which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee at the rate of $2.00 per square foot as assessable space for each dwelling unit in the Project. For purposes of this condition, "assessable space" means all of the square footage within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, detached accessory structure, or similar area. The amount of the square footage within the perimeter of a residential structure shall be calculated by the building department of the City in accordance with the standard practice of the City in calculating structural perimeters. 33. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. 34. The applicant/developer shall pay the Public Building Impact fee in the amount of $1,234 per dwelling unit. Agenda Item No. 1 a Page 24 of 39 Page 25 - City Council Meeting Minutes -April 11, 2006 35. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING General Requirements: 38. 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. 39. 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. 40. 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. 41. 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. 42. An Encroachment Permit shall be obtained prior to any work on City right-of-way. 43. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. Arrangements for relocation of uti~ity company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 44. 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. 45. The applicant shall install permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 46. Provide fire protection facilities as required in writing by Riverside County Fire. Developer shall provide an approved open space conservation easement for the tracts Agenda Item No. 1 a Page 25 of 39 Page 26 - City Council Meeting Minutes -April 11, 2006 open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. 47. The applicant shall obtain permits from Riversidy County Flood Control District for improvements into flood control facilities or maintenance access road. 48. Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 49. 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. 50. 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. 51. 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. 52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 54. 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. 55. Street lighting and landscaping on public right-of-way shall be maintained by a maintenance assessment district or a homeowner's association. 56. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. An access road for maintenance shall be provided. 57. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR&R Inc. for Agenda Item No. 1 a Page 26 of 39 Page 27 - City Council Meeting Minutes -April 11, 2006 recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R Inc. for recycling services and the recycling material js either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 58. 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. 59. 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. 60. 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. 61. 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. 62. Roof drains shall not be allowed to outlet directly through coring in the street curb. 63. Roofs should drain to a landscaped area. 64. 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. ' 65. 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. 66. A portion of the project site is in the FEMA 100-yr floodplain. The developer shall comply with the provisions of the City of Lake Elsinore Floodplain Management requirements (Chapter 15.64). 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: , 67. Applicant shall record CC & R's for maintenance of slopes, drainage facilities, and street lighting within the project. The CC & R's shall be approved by the Planning Director prior to recordation of final map. Agenda Item No. 1 a Page 27 of 39 Page 28 - City Council Meeting Minutes -April 11, 2006 68. 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. 69. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 70. 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. 71. 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. 72. 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 profiles and contours will extend to 50' beyond the property limits. 73. Unless designated as private streets, interior streets shall be dedicated and improved to public residential street standards (40'/60'). Private streets shall be a minimum of 32' unless other widths are approved by the Fire Department. 74. Construct half-width street improvements on Spring Street (60/40) and on Limited Street (60/40) along the project frontage. The improvements shall include ac pavement, curb and gutter, sidewalk, street lighting, signing a.rld striping, and necessary drainage improvements. Note: The improvements on Limited Street shall extend up to the existing improvements on the bridge 75. Construct full-width street improvements on Lakeshore Drive (60/40) along the project frontage. The improvements shall include ac pavement, curb and gutter, sidewalk, street lighting, signing and striping, necessary drainage improvements, and cul-de-sac. , 76. Construct a pedestrian bridge over the flood control channel on Lakeshore Drive. The specific design details of the bridge shall be approved by the City Engineer. 77. Drainage curb inlets shall be provided at the comer of Lakeshore Drive and Spring Street and at the end of the cul-de-sac of Lakeshore Drive. 78. Traffic Signing and Striping plans shall be required with the street improvement plans. Signing and striping shall be installed in accordance with the plans approved by the City Traffic Engineer. Agenda Item No. 1 a Page 28 of 39 Page 29 - City Council Meeting Minutes -April 11, 2006 79. Contribute on a fair share basis to the cost of traffic improvements on 115 @ Main Street Northbound and Southbound Ramps. Prior to Issuance of a Grading Permit: 80. 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. 81. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 82. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 83. 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. 84. 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. 85. Applicant shall provide the city with proof of his having filed a Notice ofIntent 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: 86. 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. 87. Street dedications and abandonment shall be processed and approved prior to building permit issuance. 88. 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. 89. Pay all Capital Improvement Mitigation Fees and Plan Check fees (LEMC 16.34). Agenda Item No. 1 a Page 29 of 39 Page 30 - City Council Meeting Minutes -April 11, 2006 90. Pay the fair share cost of Traffic Improvements for Main Street and 1I5 northbound and southbound ramps. Prior to Occupancy: 91. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of public works improvements (LEMCI2.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 92. 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. 93. 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. 94. All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 95. All traffic signing and striping shall be completed in accordance with the approved plans to the satisfaction of the City Traffic Engineer. 96. Water and sewer improvements shall be completed in accordance with Water District requirements. 97. The pedestrian bridge as required of this development shall be operational and open to the public. 98. All mitigation fees and fair share costs for traffic improvements shall be paid. COMMUNITY SERVICES DEPARTMENT 99. Developer to pay park fees of $1,600 per unit ($147,200) or receive park credits for channel improvements. 100.All interior landscape, recreation areas, facilities and/or open space to be maintained by the HOA. No park credits. lOI.Developer to comply with all NPDES storm water requirements. Agenda Item No. 1 a Page 30 of 39 Page 31 - City Council Meeting Minutes -April 11, 2006 1 02. Developer to participate in City-wide LLMD. 103.Developer to annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 104.All interior streets and/or roadways to be maintained by the HOA. 105.HOA to maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 1 06. Developer to design a multi-family recycling plan through the City and CR&R. 1 07. Developer to comply with all City Ordinances regarding construction debris removal and recycling as per Section 8.32 of the Lake Elsinore Municipal Code. 108.Developer to install a pre-fabricated steel pedestrian bridge (that meets or exceeds Riverside County Flood Control freeboard requirements) and entry plaza approach to the bridge at the channel. The final bridge design and improvements shall be reviewed and approved by the Community Services and Community Development Departments. 109. Developer to improve both sides of the channel to match existing walkways. Developer to utilize park fee credits for the improvements adjacent to the development. City to fund west side improvements. 110.Developer to meet City curb, gutter and sidewalk requirements for improvements along Spring Street between Limited and Lakeshore and development boundaries along Limited Street. 111.All existing palms (California Fan Palms [12] and Canary Island Date Palms [2]) to be incorporated into the project landscaping or donated to the City and relocated at the developer's expense. 112.0rnamental iron fencing to be consistent with existing wrought iron fencing along the channel between Graham A venue and Sumner Street. 113.City to work with Developer in obtaining Army Corps of Engineers, Fish and Game, and Riverside County Flood Control approvals for channel improvements. City to maintain all channel improvements at its sole expense. 114.Lake Elsinore Historical Society to be contacted during grading to consult on historical artifacts found during construction of the project. Developer agrees to donate all artifacts to the Society in perpetuity. DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item No. 1 a Page 31 of 39 Page 32 - City Council Meeting Minutes -April 11, 2006 115.Prior to approval of the Final Map, Site Development Plan, or Conditional Use Permit (as applicable) the applicant shall annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 116.Prior to approval of the Final Map, Site Development Plan or Conditional Use Permit (as applicable), the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of- way for which the City will pay for electricity and a maintenance fee to Southern California Edison. I 17.Upon completion of the Fire Station Impact Study and other impact fee studies, developer shall pay impact fee. 118.Prior to approval of the Final Map, Site Development Plan, or Conditional Use Permit (as applicable), the applicant shall annex into the Mello-Roos Community Facilities District to fund the ongoing 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. RIVERSIDE COUNTY FIRE DEPARTMENT 119. The applicant shall comply with all Riverside County Fire Department conditions and standards (See attached conditions from Fire Department). CONDITIONAL USE PERMIT NO 2005-10 120.Conditional Use Permit No. 2005-10 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 121. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 122. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 123. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and beLow 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Agenda Item No. 1 a Page 32 of 39 , --~---_.- Page 33 - City Council Meeting Minutes -April 11, 2006 Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on- site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Councilmember Buckley expressed strong objections to the project. BUSINESS ITEMS 31. Report on agreed upon procedures related to certain bond transactions. Administrative Services Director Pressey gave an overview of the item. He commented that the City Treasurer had requested funding for an audit of bond transactions relating to the 2003 Series H and the underlined community development facility district that secured that public financing. He noted that the audit was awarded to Vavrinek, Trine, Day & Company. He also noted that Joe Aguilar, a partner with the firm, was present. Mr. Pressey commented on settlement funds in the amount of $2.5 million received by the City relating to CFD 90-3. He noted that it was for the Southshore development. He noted that the Public Finance Authority (PF A) was holding the funds along with funds from the Wasson Canyon Hill settlement. Joe Aguilar commented on the procedures they had performed. He noted that the procedures were in regard to compliance provisions with the Abbacy Holding Company. He commented that the City and developer were in compliance with the agreement provisions. He indicated that his firm was recommending that the City consider policy for component unit financial statements on the larger assessment districts and mello-roos districts. He noted that this would allow for financial tracking of transactions that would occur. City Treasurer Weber gave a presentation regarding the audit. He gave some background information on the history of the bonds. He commented that all the documentation was provided. He noted that the agreements and bond disbursements were in compliance with the law. He thanked the Council for their support. William Arnold, 31556 Sagecrest Drive, thanked the Council for conducting an audit. He noted that people needed to understand what took place. He Agenda Item No. 1 a Page 33 of 39 Page 34 - City Council Meeting Minutes -April 11, 2006 commented that future record keeping will be very important to maintain an audit trail. He commented that the equitable thing to do would be to resolve the bond debt in favor of the Summerhill residents. Councilmember Buckley indicated that the component unit financial statements were a good idea. Mr. Pressey indicated that he had contacted the audit firm to coordinate an agreement to be brought before Council and/or the Public Finance Authority. Councilmember Buckley commented that as the PF A Chairman he would like to meet with the City Treasurer, Mayor and the City's financial team to draft a report to bring forward to the second meeting in Mayor first meeting in June. Councilmember Hickman commented that he would like the exact cost brought back to Council. He noted it would help them with their judiciary responsibility to help the Summerhill homeowners. Councilmember Kelley thanked the City Treasurer for completing the audit. MOVED BY KELLEY SECONDED BY HICKMAN TO RECEIVE AND FILE THE AUDIT REPORT. Mayor Magee thanked Administrative Service,S Director Pressey and his staff for their hard work. He also thanked City Treasurer Weber for his efforts. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 32. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2005-6 (City Center). Administrative Services Director Pressey commented on the item. He noted that the average special tax in this district was $1,611 and the combined tax rate was 1.8%. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-50 APPROVING THE ISSUANCE OF CFD 2005-6 (CITY CENTER TOWNHOMES) 2006 SERIES A BONDS, FISCAL AGENT AGREEMENT, Agenda Item No. 1 a Page 34 of 39 Page 35 - City Council Meeting Minutes -April 11, 2006 CONTINUING DISCLOSURE AGREEMENT, PURCHASE CONTRACT AND FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT AND PRELIMINARY OFFICIAL STATEMENTS. 33. Conceptual Plan of the proposed Boys & Girls Club. Community Development Director Preisendanz gave an overview of the item. He gave a description of the facility to be constructed. He noted the location of the proj ect. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE IN CONCEPT THE PROPOSED BUILDING WITHIN THE FUTURE ALBERHILL RANCH SPORTS PARK. 34. Ordinance amending Sections 2.46.030 through 2.46.050 of the Lake Elsinore Municipal Code relating to the term of office of the Public Safety Advisory Commission. ' Mayor Magee introduced the item and deferred to City Manager Brady. MOVED BY HICKMAN SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1176, UPON FIRST READING, BY TITLE ONLY AND APPROVE ALTERNATIVE B TO PROVIDE THE THREE PSAC MEMBER'S TERMS SET TO EXPIRE THIS YEAR WILL BE EXTENDED THREE YEARS UNTIL 2009. SUBSEQUENT TERMS WILL BE FOUR YEARS. THE TWO APPOINTMENTS SET TO EXPIRE IN JULY 2007 WILL REMAIN UNCHANGED. Councilmember Buckley gave an explanation for the Ordinance change. He noted that the next vacancy for PSAC would' be 2007. ORDINANCE NO. 1176 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTIONS 2.46.030 THROUGH 2.46.050 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO THE MEMBERSHIP, APPOINTMENT AND TERM Agenda Item No. 1 a Page 35 of 39 Page 36 - City Council Meeting Minutes -April 11, 2006 OF OFFICE OF THE PUBLIC SAFETY ADVISORY COMMISSION UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: 'NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Public Safety Advisory Commission recruit~ent and appointment process. City Attorney Leibold explained that the appropriate course of action would be for Council to direct staff to postpone any advertisement for available seats until the two member's terms expire in 2007. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO POSTPONE ANY ADVERTISEMENT FOR A V AILABLE SEATS UNTIL THE TWO MEMBER'S TERMS EXPIRE IN 2007. PUBLIC COMMENTS Mayor Magee commented that Jim Anders and Paul Maseca representatives of Home Depot were present to explain the status of road improvements at Central Avenue and Collier Avenue. Mr. Maseca explained the cause of the delays with the improvements. He commented that asphalt was currently on allocations and due to some weather conditionss they had missed several allocations. He commented that there was a 300-foot waterline added during mid construction ~ecause of a request from EVMWD. He also commented on a well that was discovered. He indicated that conflicts with the street signals and powerlines. He also indicated that they had to Agenda Item No. 1 a Page 36 of 39 Page 37 - City Council Meeting Minutes -April 11, 2006 receive additional redesign permitting for the street signal. Mr. Anders indicated that he had met with City Engineer Seumalo. He noted the paving on the north side of Central Avenue and the east side of Collier Avenue was completed on April 8th. He noted that the cap paving was completed today. He indicated they met with Caltrans today to develop a plan to completely remove the center section of Central Avenue to be completed on April 18th. He commented that they were committing to an April 28th completion date with striping included. Mayor Magee commented that on January 25th staff allowed Home Depot to open without the street improvements being completed. He indicated that he had met with Mr. Anders on January 25th. He also indicated that Mr. Anders had committed to him a three week period to have the street improvements completed. He noted that after 11 weeks Home Depot was pushing the completion date to April 28th. Mayor Magee commented that he receive daily phone calls and visitors at his place of business regarding the improvement delays. He expressed his disappointment with Home Depot in relation to the street improve~ents. He indicated there had been long periods of time in which no work had been done in the public right-of- way. He requested staff provide Council with an enforcement tool, should the project not be completed by April 28th. Councilmember Buckley inquired what action would Council take on April 28th. Mayor Magee reiterated that staff provides Council with proper enforcement action to be taken if the improvements were not completed. He thanked Home Depot representatives for their update. CITY MANAGER COMMENTS 1) Announced the following upcoming events: April 14th and 15th - April 15th April 22nd April 23 rd Christian Concert at the Diamond Stadium Children Fair at McVicker Park Unity in the Community 5K walk/run Open Air Farmer's Market CITY ATTORNEY COMMENTS Agenda Item No. 1 a Page 37 of 39 Page 38 - City Council Meeting Minutes -April 11, 2006 No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Finance meeting scheduled for April 20th. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: No comments. Mayor Pro Tern Schiffner commented on the following: - 1) Thanked everyone for coming. Councilmember Hickman commented on the following: 1) Wished everyone a Happy Easter. Councilmember Buckley commented on the following: , 1) Requested anyone involved with the Transitional Housing Committee contact Riverside County or Supervisor Buster's Office, to find out if the facility was still scheduled to be built in Lake Elsinore to contact the Council. Agenda Item No. 1 a Page 38 of 39 Page 39 - City Council Meeting Minutes -April 11, 2006 Mayor Magee commented on the following: 1) Thanked everyone for attending. The Regular City Council Meeting was adj:~r ~;d ay'1~. ~ r-; C7, f ROBERTE.MAG ,MAYOR CITY OF LAKE E SINORE - Agenda Item No. 1 a Page 39 of 39