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HomeMy WebLinkAbout03-28-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 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, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN 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, RecreationlTourism 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 City Engineer Seumalo. Page 2 - City Council Meeting Minutes - March 28, 2006 INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director 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 A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code S 54956.8): Property: A.P.N. 377-040-023,024 and 025 Negotiating parties: City of Lake Elsinore and MPJ 76, Inc Under negotiation: price and terms of payment B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code S54957): City Attorney CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items a and b were discussed and there was no reportable action. Page 3 - City Council Meeting Minutes - March 28, 2006 PRESENTATION/CEREMONIALS A. Retirement Recognition - Senior Code Enforcement Officer Carol Gordon Mayor Magee called Ms. Gordon forward. Mayor Magee commented that Carol had been in the community for more than 20 years. He commented on Carol's compassion for animals and her kind hearted nature. He commented that Carol started her career as an Animal Control Officer. He reiterated that Carol had served the Elsinore Valley for more than 20 years. Mayor Magee presented Senior Code Enforcement Officer Carol Gordon with a gift from Council and staff. Carol commented on her service to the community. Carol reflected upon the hard work the Council did for the community to ensure affordable housing and competitive wages for people like her who want to live and work in the City. She commented that the City had grown so big and.strong that Lake Elsinore could finally hold its head up next to the neighboring cities. She thanked the Council for her 20 plus years as a City employee. B. Certificate of Recognition - Elsinore High School Wrestling Team Mayor Magee called Mr. Jeff Hickok forward to receive the Certificate. Mr. Hickok commended the team on their achievement and thanked the City Council for the recognition. C. Proclamation - Boys & Girls Club Week Councilmember Kelley called Lake Elsinore Boys & Girls Club Director Angela Fox forward to receive the Proclamation. Councilmember Kelley noted some of the supporters of the Boy & Girls Club. Councilmember Kelley read and presented the proclamation to Mrs. Fox. Mrs. Fox thanked Councilmember Kelley and the Council for the proclamation. She commented that they were looking forward to beginning their operation in the City. Page 4 - City Council Meeting Minutes - March 28, 2006 D. Chamber of Commerce Update Chamber President Cousins gave an update on the chamber. He noted the significant increase in requests for relocation packages from both businesses and individuals looking to relocate to the City. He commented that the Chamber was co-sponsoring legislation with Assemblyman John Benoit to address the transportation issues specifically in the surrounding area. He noted the 11 Oth anniversary of the chamber building would be held on Saturday, April 1st. He commented that it was community event with numerous activities. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Pete Dawson, 18010 Grand Avenue, commented that he was speaking on behalf of Lake Elsinore Marine Search and Rescue. He commented that there would be speed racers on the lake this weekend and that they would be assisting the police department. Donna Franson, LE Citizen Committee, commented that the committee would be holding its' 2nd quarterly meeting at 7 p.m. on April 13th at the Tuscany Hills Recreation Center. She noted that Chamber President Kim Cousins would be the guest speaker. David Chaney, Vice President of the Lake Elsinore NAACP, invited everyone to attend the scholarship banquet from 4 p.m. to 6 p.m. on April 8th at the Diamond Club. He noted that there would be a silent auction. He also noted that the NAACP Regional Director was the guest speaker. Phil Williams, EVMWD, announced that the Federal Energy Regulatory Commission (FERC) would be holding an Environmental Impact Scoping meeting at 4 p.m. on April 5th at the Lake Elsinore Cultural Center. He indicated all citizens were invited to voice their opinion and could also submit comments online at www.evmwd.com. Viet Tran, Southern California Edison Regional Manager, commented that he was the new regional manager and looked forward to working with City staff and the community. Page 5 - City Council Meeting Minutes - March 28, 2006 CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO PULL ITEM NO.8 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - January 24, 2006. b. Special City Council Meeting - February 9, 2006. c. City Council Study Session - February 23,2006. d. Joint City Council/Redevelopment Agency Study Session - February 28, 2006. 2. Ratified Warrant List for March 15,2006. 3. Received and filed Investment Report for January 2006. 4. Adopted Resolution No. 2006-39, approving the request for grant funding. (F:92.5) 5. Approved the exception to bid procedures and authorized staff to proceed with the purchase of engineered sign poles and brackets for shoreline zone identification. (F:92.1) 6. Approved the license agreement for Floating Food Vendor.(F:68.1) 7. Approved the request by the Western States Cup/Pacific Coast Entertainment to sell alcohol on the levy during the Lake Elsinore Action Sports Fest. (F:64.1) 9. Adopted Resolution No. 2006-40 to annex property into CFD No. 2003-1 and authorized the levy of a Special Tax within Annexation Area No. 18. Scheduled the public hearing for May 9,2006. (F:22.3) 10. Adopted Resolution No. 2006-41 establishing CFD No. 2006-5 and authorized the levy of a Special Tax within said District. Scheduled the public hearing for May 9, 2006. (F:22.3) Page 6 - City Council Meeting Minutes - March 28, 2006 11. Authorized the City Manager to execute a Personal & Professional service contract with the Interim Planning Manager. (F:68.1) 12. Authorized the City Manager to execute a Personal & Professional service contract with the Planning Division contract staff. (F:68.1) ITEM PULLED FROM THE CONSENT CALENDAR 8. 2005 Public Safety Advisory Commission Annual Report. City Manager Brady gave an overview of the item and deferred to PSAC Chairman Hewison. Chairman Hewison gave a brief overview of the report presented to Council. He commented that the Commission was attempting to be focused. He commented that the web page was completed and they regularly received comments from the residents. He noted that there were brochures available to the public. He commented on shoreline safety. He noted that the levy shoreline was the next element. He noted that the PSAC had attended 3 neighborhood meetings over the past 9 months varying in topics. He commented on the Emergency Preparedness Study Session held in October 2005. He noted that they were currently working on a large party ordinance. He commented on PSAC terms of office. Mayor Magee commended the PSAC for their work and thanked staff; including Police Chief Fetherolf and Fire Chief Gallegos for the time they provide to the Commission. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RECEIVE AND FILE THE PSAC ANNUAL REPORT. PUBLIC HEARINGS 21. Formation ofCFD 2006-2 (Viscaya). Mayor Magee introduced the item. Page 7 - City Council Meeting Minutes - March 28, 2006 City Manager Brady noted the recommendation. Mayor Magee opened the public hearing at 7 :29 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE PUBLIC HEARING TO APRIL 25, 2006 22. Formation on CFD 2006-3 (La Strada). Mayor Magee introduced the item. City Manager Brady noted the recommendation. Mayor Magee opened the public hearing at 7:30 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE PUBLIC HEARING TO JUNE 13, 2006. 23. 2006 Justice Assistance Grant. Mayor Magee introduced the item. City Manager Brady gave a overview of the item. Administrative Services Director Pressey gave an in-depth overview of the item. Mr. Pressey commented that it was a public safety grant. Mayor Magee noted that the grant was for over $15,000 to fund holiday enforcement programs, City enhancement and safety programs; and off road vehicle enforcement programs. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE USE OF THE 2006 JUSTICE ASSISTANCE GRANT. City Manager Brady noted that Business Item No. 31 was being moved to Page 8 - City Council Meeting Minutes - March 28, 2006 Public Hearing Items as Item No. 24. 24. Adoption of Ordinance granting a Non-Exclusive Franchise to provide cable service to Verizon California, Inc. City Manager Brady gave an overview of the item and deferred to Administrative Services Director Pressey. Administrative Services Director Pressey commented that it was a Franchise Agreement that would allow Verizon to provide a fiber optic network within the City to provide data service, phone service and a new product of home cable service to residents. He commented that it would provide a significant increase of competition within the City. He commented that staffs recommendation was to continue the Item until the issues discussed at the 4 p.m. study session had been resolved. Mayor Magee opened the public hearing at 7 :34 p.m. David Chaney, Lake Elsinore, commented that competition drove the cost of products down. He noted Comcast had never lowered their prices because they never had to. He commented that as Lake Elsinore grew, it would need moderate equipment and service; and Verizon would be able to provide that equipment and service. Diane Sessions, Economic Development Corp. of Southwest California read and submitted a letter from the EDC Board of Directors addressed to the Lake Elsinore City Council. She noted that the Board strongly supported business environments that offered competitive pricing of goods and services. She commented that competition was needed. She commented that the EDC strongly believed that competition would improve services in Lake Elsinore. She noted the EDC respectfully requested that the Council approve the agreement. Kim Cousins, Lake Elsinore Valley Chamber of Commerce, commented that the Chamber Board of Directors was in support of the Verizon agreement. He noted that competition drove the technology. He commented that it provided residents with a choice. Del Heintz, Comcast/Time Warner, commented that their franchise with the City had been extended to June 14, 2006. He commented that they were Page 9 - City Council Meeting Minutes - March 28, 2006 looking forward to meeting with staff and Council to provide their thoughts in regard to the Verizon deal. He noted that competition had been in the area since 1994. He noted that they also provided digital telephone service. He indicated that their renewal with the City would try to mirror V erizon' s deal. Councilmember Buckley inquired about the connection speed on Comcast high speed. Mr. Heintz commented that it was currently as high as 10 megabytes. He noted that they could go much higher. He noted that they had raised the speed without the price being raised. Herman Galiudo, 15140 Teakwood Street, commented that he was a Verizon employee. He commented that he dealt with consumers on a daily basis and he had been asked "when the technology would be available as it was in the surrounding cities". He commented that he was in support as an employee and a resident. Jonathan Fleischmann, 29108 Sunswept Drive, commented that he was a Verizon employee. He commented that he was in support of the Verizon agreement. He commented that customers wanted Verizon in the community. He noted that competition was important. He noted that they were offering fiber optic, not cable. Mayor Magee noted staff s recommendation and that the item would be brought back at the April 11 th meeting. He noted he had heard 3 areas of concern at the 4 p.m. study session. He noted the areas of concern were the inclusion of local station KZSW, a provision to provide a local service office and an execution of an agreement with Comcast to provide public education and government programming. MOVED BY KELLEY, SECONDED BY BUCKLEY TO CONTINUE THE ITEM TO APRIL 11TH. Councilmember Buckley noted that he hoped the issue of local channels would be addressed with Comcast during the negotiation of their Franchise Agreement. He commented that he was in favor of competition. Page 10 - City Council Meeting Minutes - March 28, 2006 Mayor Magee noted that Mr. Heintz had commented that Comcast would provide the same agreement if the City approved a contract with Verizon. Mayor Pro Tern Schiffner noted that competition was good for the community. Mayor Magee noted the EDC statement and the Chamber of Commerce statements. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. BUSINESS ITEMS 31. Commercial Design Review No. 2005-09 known as Viscaya Village Center. (F:58.2) Mayor introduced the item and deferred to Community Development Director Preisendanz. Community Development Director Preisendanz gave an in-depth overview of the item. He noted the location of the project. He indicated that the Planning Commission had recommended approval of the item. Councilmember Buckley commented that it was a good design. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-42 APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-09. Mayor Magee commented that Corman Leigh had been an excellent economic partner and a good neighbor. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. Page 11 - City Council Meeting Minutes - March 28, 2006 CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as the Viscaya Village Center located the southeast corner of Lakeshore Drive and Viscaya Street, 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 promprly 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 promprly 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 comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within Mitigated Negative Declaration No. 2003-03, which was prepared for the Lakeshore Village Specific Plan. DESIGN REVIEW FOR COMMERCIAL PROJECT NO 2005-09 3. The Design Review approval located at the southeast comer of Lakeshore Drive and Viscaya Street shall lapse and become void two (2) years following the date on which the Design Review became effective, unless prior to the expiration of two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this two (2) year period and shall continue to be valid upon a change of ownership of the site. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto, or a construction/site improvement phasing plan as otherwise approved by the Community Development Director. 6. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans Page 12 - City Council Meeting Minutes - March 28, 2006 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. 7. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 8. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 9. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 10. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. This may require increased parapet height. 11. 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. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee 12. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 13. All cornice elements and back sides of parapets exposed to public view shall be architecturally enhanced, subject to the review and approval of the Community Development Director or Designee. 14. All building signage shall comply with Uniform Sign Program No. 2005-02. 15. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 16. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 17. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). Page 13 - City Council Meeting Minutes - March 28, 2006 18. On-site landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or Designee. 19. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 20. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 21. No exterior roofladders shall be permitted. 22. All service and loading doors shall be painted to match the building. 23. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 24. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 25. 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. . 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. . 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. . All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. . Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). . Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. . Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Page 14 - City Council Meeting Minutes - March 28, 2006 . 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. . All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. . All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. . Final landscape plan must be consistent with approved site plan. . Final landscape plans to include planting and irrigation details. 26. 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. 27. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 28. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 29. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. CONDITIONAL USE PERMIT NO. 2005-20 30. The Conditional Use Permit approved herein shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. 31. 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. 32. 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 Page 15 - City Council Meeting Minutes - March 28, 2006 approval. 33. Prior to fmal certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 34. The hours of operation for the project shall be limited to the hours of operation expressed within the Business Plan submitted. 35. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 36. No outdoor food vending shall be permitted with the proposed project. 37. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. DESIGN REVIEW FOR UNIFORM SIGN PROGRAM NO. 2005-02 38. The decision ofthe Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80. 39. The applicant shall apply for a sign permit and pay appropriate fee for any sign installed at the project site. 40. The location, size, style, and color for all signs shall comply with the Sign Program (Approved herein). Any additions or revisions to the Sign Program shall require Planning Division review and approval. 41. The Design Review approval for Sign Program No 2005-02 for the project known as the Viscaya Village Center shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. Page 16 - City Council Meeting Minutes - March 28, 2006 42. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 43. All exterior sign lighting shall be reviewed and approved by the Community Development Director. ENGINEERING 44. All drive entrances shall be clear of parking stalls and drive aisles for a distance of forty (40) feet. 45. Applicant shall comply with the mitigation and conditions of approval identified in Mitigation Negative Declaration No. 2003-03, Tract Map No. 32008 and the Lakeshore Village Specific Plan.. 46. All signage and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 47. Applicant shall pay City TIF and County TUMF fees as applicable. 48. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 49. 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. 50. All street improvements, including traffic signals, shall be installed and functioning prior to first certificate of occupancy. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), traffic uniform mitigation fees, encroachment permit fees as applicable along with inspection fees associated with the project and its development. 52. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. The letter provided to the underlying developer may be substituted as long as this parcel is identified in the document. 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 54. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Page 17 - City Council Meeting Minutes - March 28, 2006 55. 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. 56. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners if applicable. 57. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 58. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Prior approvals through the underlying developer may be used to satisfy the condition. 59. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 60. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 61. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 62. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously provided by the underlying developer. 63. 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. 64. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 65. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. Page 18 - City Council Meeting Minutes - March 28, 2006 66. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 67. Meet all requirements ofLEMC 15.68 regarding flood plain management. 68. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to issuance of a building permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 69. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 70. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 71. Education guidelines and Best Management Practices (BMP) shall be provided to management of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 73. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to the issuance of a building permit. 74. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant shall contract with CR&R, Inc., in accordance with the City's Franchise Agreement. RIVERSIDE COUNTY FIRE DEPARTMENT 75. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 76. Applicant shall pay park-in-lieu fees for all proposed commercial buildings. Page 19 - City Council Meeting Minutes - March 28, 2006 77. Applicant to maintain all on-site landscaping. 78. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 79. Applicant to comply with all NPDES regulations. 32. Branding recommendations and consideration of a new City Logo and Slogan. Mayor Magee introduced the item and deferred to Information/ Communications Manager Dennis. Information/Communications Manager Dennis gave some background on the item. Mr. Dennis introduced Mr. George Bloomfield the project consultant. Mr. Bloomfield noted the study session held on February 23,2006. He noted the basis for logo selection. He commended the advisory panel for their work on the project. Mr. Bloomfield deferred to Mr. Kim Cousins. Mr. Cousins requested that the advisory panel stand and be recognized. He noted that they spent over 30 hours working on the item. He commended the panel on their hard work and efforts. Mr. Bloomfield thanked the panel. He noted the items for Council's consideration. He presented the logo options to the community. He indicated that the panel was recommending Option A. Gary Knapp, Lake Elsinore Soaring Club, invited the Council and City Manager to a no-charge silent flight over Lake Elsinore. He indicated that the Soaring Club was part of the extreme sports. He indicated that they would like to be made aware of any issues taking place with the airport. He noted his support of the new logo. Mayor Magee directed Mr. Knapp to speak with Community Development Director Preisendanz to receive the status of the airport. Councilmember Buckley commented that Option B had a bolder presence. He commented on the budget and noted it would be a small amount of Page 20 - City Council Meeting Minutes - March 28, 2006 general fund dollars to redo the current logo around the City. MOVED BY BUCKLEY TO ADOPT OPTION B. Mayor Pro Tern Schiffner noted that he also liked Option B. He questioned why the advisory panel selected Option A. Mr. Bloomfield noted that Option B would work somewhat better with other text, but as a stand alone it competed with the lake and mountains. Councilmember Kelley thanked the panel. She commented that she liked the "Dream Extreme" and the mountains and water, but was not fond of the style of the "E". She indicated that she could go with A or B. Councilmember Buckley noted Option A was softer and Option B was a stronger image. He asked Mr. Bloomfield to offer the option he would choose. Mr. Bloomfield noted that he would choose Option A. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO SELECT OPTION A AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AGREEMENT WITH A QUAIFIED CONSULTANT TO CONDUCT A PROFESSIONAL TRADEMARK SEARCH, SUCH AGREEMENT TO BE APPROVED AS TO FORM BY THE CITY ATTORNEY AND NOT TO EXCEED $25,000 AND AUTHORIZE THE CITY ATTORNEY TO COMMENCE PRELIMINARY TRADEMARK APPLICATION TO PROTECT THE LOGO AND SLOGAN BRAND ASSETS ON BEHALF OF THE CITY IN ACCORD WITH THE TRADEMARK SEARCH. Mayor Magee commended Mr. Bloomfield, the advisory panel and staff for their hard work. The first motion died for lack of a second. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 33. Public Safety Advisory Commission Recruitment and Appointment process. Page 21 - City Council Meeting Minutes - March 28, 2006 Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. He noted that staff was recommending to continue the item to the April 11 th meeting. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE THE ITEM TO THE APRIL 11TH MEETING AND DIRECT STAFF TO BRING BACK AN ORDINANCE TO MODIFY THE MUNICIPAL CODE TO CHANGE THE LENGTH OF THE TERMS OF THE PUBLIC SAFETY ADVISORY COMMITTEE AND COUNCIL TO CONSIDER EXTENDING THE TERMS OF THE EXISTING MEMBERS WHOSE TERM END THIS YEAR. PUBLIC COMMENTS Linda Villalobos, 207 Prospect Avenue, commented that Prospect Avenue was deteriorating and there were empty lots not being maintained by the property owners. She requested assistance from Council to help her neighborhood. Mayor Magee stated that he had spoken with the City Manager about the conditions of the streets in that area. He deferred to City Manager Brady. City Manager Brady noted that he had spoken with Mrs. Villalobos and the issues would be taken care of. He stated that EVMWD would be repaving Prospect Avenue. He stated that there was a fire hydrant covered with plastic and that it would be inspected. He indicated that Code Enforcement would be enforcing the area. Eddie Villalobos Sr., 207 Prospect Avenue, commented on the unsafe pedestrian crossing due to parked vehicle in front of Gearhart Garage. He noted that the business parked cars on the streets and sidewalks. He noted the left view was obstructed. He noted that Main Street was going to be very busy with the construction scheduled to take place on Railroad Canyon Road. Mayor Magee thanked Mr. Villalobos for his comments and noted the issue would be addressed with Code Enforcement. Page 22 - City Council Meeting Minutes - March 28, 2006 CITY MANAGER COMMENTS 1) Announced the following upcoming events: April 1 st April 1 st April 1 st & 2nd April 6th April 8th April 15th Planet Youth Career Job Fair Household hazardous waste collection National Water-ski Racing Association scheduled races Lake Elsinore Storm's first game of the season Lake Elsinore opening day for the lake Lake Elsinore Children's Fair CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) The Boys & Girls Club's first fundraiser would be at Diamond Stadium, May 20th, beginning at 6 p.m. Mayor Pro Tem Schiffner commented on the following: Page 23 - City Council Meeting Minutes - March 28, 2006 1) Thanked everyone for coming. Councilmember Buckley commented on the following: 1) Thanked everyone for coming. Mayor Magee commented on the following: 1) Thanked Mr. Knapp for the generous offer of a free ride. He requested to donate the offer to Trauma Intervention Program (TIP) of Southwest Riverside County at the next silent offer. Mr. Knapp, Lake Elsinore Soaring Club, agreed. 2) He indicated that the Special meeting scheduled for March 30th, was cancelled. He indicated that the WIN Committee and the Chamber of Commerce declined to participate in the meeting. The Regular City Council Meeting was adjou ATTEST: ~ Y, CITY CLERK CITY OF LA E ELSINORE