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HomeMy WebLinkAbout04-25-2006 City Coundil Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 25, 2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Information/Communications Manager Dennis, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Community Development Director Preisendanz, City Engineer Seumalo, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, 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 Tom Franson. Agenda Item No._ Page_of_ Page 2 - City Council Meeting Minutes - April 25, 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 (Councilmember Buckley was not present for the roll call) ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Preisendanz, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Lieutenant Bates, 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 S 54956.9: (2 potential cases). B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Initiation of litigation pursuant to subdivision (c) of Gov't Code S 54956.9: (1 potential case). C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Gov't Code S 54957): City Manager. 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. She noted that item c was discussed and the City Council provided the City Manager with a strong vote of confidence, in addition to a $15 thousand a year salary increase and 13 additional administrative leave days. She noted that Agenda Item Noo_ Page_ of_ Page 3 - City Council Meeting Minutes - April 25, 2006 she had been directed to prepare an amendment to his employment contract which would be on the next City Council agenda. PRESENTATION/CEREMONIALS A. Proclamation - Motorcycle Awareness Month Mayor Magee called Russ Howard forward to receive the Proclamation. Mayor Magee read and presented the proclamation to Mr. Howard. Mr. Howard thanked Mayor Magee and the Council for the Proclamation. He noted that Motorcycle Awareness had to do with sharing the road. He commented on the Motorcycle Regional Rally that was held every year. He thanked the Council and staff for helping put the event on. B. Proclamation - Mental Health Month Mayor Magee called Ms. Lynnee Overturf forward to receive the Proclamation. He noted that Ms. Overturf was with the County office of Mental Health. Mayor Magee read and presented the proclamation to Ms. Overturf. Ms. Overturf thanked the Council for the Proclamation. She commented on what Mental Health month stood for and the services that were available. C. Certificate of Recognition - Temescal Canyon High School's Girls Basketball Team Mayor Magee called Coach Cari Strange forward for the Certificate. Ms. Strange introduced herself in addition to her Senior All-League Captains Michelle Cleary and Alisha Heguland. Mayor Magee noted that Temescal Canyon High School's Girls Basketball Team won the 2006 Southwestern League Championship. He noted that it was an impressive achievement. Ms. Strange thanked the Mayor and the Council for the recognition. Ms. Cleary thanked the Council on behalf of her team for the honor of being Agenda Item No._ Page_of_ Page 4 - City Council Meeting Minutes - April 25, 2006 recognized. She noted that they were both honored and proud to represent Lake Elsinore. D. Certificate of Recognition - Richard Gramata Richard Gramata was not in attendance to receive the Certificate of Recognition. E. Certificate of Recognition - Sonya Matthies Mayor Magee called Sonya Matthies forward to receive the Certificate of Recognition. He noted that Ms. Matthies was the former President of the Lake Elsinore Woman's Club. He indicated that Ms. Matthies was now the incoming President for the De Anza District for the California Federation of Woman's Clubs. Ms. Matthies thanked the Council for the recognition. She noted that she was the third President of the Lake Elsinore Woman's Club to move on to the De Anza District. She noted that the De Anza district oversaw 18 clubs. She noted that she appreciated the support from the City. Mayor Magee noted the benefits of what the Woman's Club did for the community. He asked that Anne Marshal and Barbara Kady stand and be recognized for their work with the Woman's Club. F. Presentation - Rice Canyon Elementary School Councilmember Kelley introduced Ilene Moore and the cast of The Magical Land of Oz. Councilmember Kelley noted that the play was going to be presented at Rice Canyon Elementary School on May 4t\ 5th, 6th and 7th. Ms. Moore noted that she had worked for the LEUSD for the past 14 years. She introduced the members of The Magical Land of Oz. She noted that their next performances would be May 4t\ 5th, 6th and 7th, The cast of The Magical Land ofOz performed several songs from their play. Agenda Item Noo_ Page_of_ Page 5 - City Council Meeting Minutes - April 25, 2006 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Thomas Rock, Lions Club, noted that the Lake Elsinore Lions Club would be holding their annual Community Open House on Tuesday, May 2nd from 6-8 p.m. He noted that the meeting would be held at the Lake Elsinore Library's multi- purpose room. He noted that they were looking forward to presenting how their projects were affecting Lake Elsinore and other communities nationally and internationally. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Councilmember Buckley inquired if there was a need to modify the motion concerning Item No.3. City Attorney Leibold noted that it was not a new request since the disbursement had already been allocated. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 1. The following Minutes were approved: a. Joint City CouncillRedevelopment Agency Study Session - March 28, 2006. b. Regular City Council Meeting - March 28, 2006. 2. Ratified Warrant List for April 13, 2006. 3. Approved $5,000 donation for H.O.P.E. 4. Approved waiver of fees and co-sponsorship for the Lake Elsinore Rod Run and Kulture Show. PUBLIC HEARINGS 21. Approval of Joint Community Facilities Agreement and a Funding, Agenda Item Noo_ Page_of_ Page 6 - City Council Meeting Minutes - April 25, 2006 Construction and Acquisition Agreement approving the formation of CFD 2006-2 (Viscaya). Mayor Magee introduced the item. Mayor Magee opened the public hearing at 7:32 p.m. City Manager Brady commented on the item. He requested that the City Clerk announce the notice of the item. City Clerk Ray announced that the notice had been published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted on February 9, 2006 the Council approved a Resolution of Intention to form CFD 2006-2, Viscaya. He noted that there were 168 single-family homes proposed in that development. Administrative Services Director Pressey commented on the Resolutions before Council for their approval. Administrative Services Director Pressey noted that the Mello-Roos tax would range from $2,600 to $2,900. He noted that the district had already had the park, open space and storm drain portion built into it. He noted that the bond for the issue was not to exceed $7.5 million. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the district formation. He also inquired if there was anyone that wished to speak at all. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION 2006-51 APPROVING JOINT FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. Mayor Magee inquired if there were any property owners subject to the proposed special taxes who wish to file a written protest. He noted that if there were any property owners who wished to file a written protest, they Agenda Item Noo_ Page_of_ Page 7 - City Council Meeting Minutes - April 25, 2006 must file it with the City Clerk at that time. He noted that for the purpose of a majority protest, only written protests were to be considered. Mayor Magee closed the public hearing at 7:38 p.m. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2006-52 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION 2006-53 TO INCUR BONDED INDEBTEDNESS AND CALLING A SPECIAL ELECTION. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if two-thirds of the votes cast were in favor of the propositions. City Clerk Ray tabulated the ballots and announced that two-thirds of the votes cast were in favor. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION 2006-54 ORDERING THE CANVASSING OF THE ELECTION RESULTS. MOVED BY KELLEY, SECONDED BY HICKMAN TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1177. ORDINANCE NO. 1177 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Agenda Item Noo_ Page_of_ Page 8 - City Council Meeting Minutes - April 25, 2006 UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 22. Ordinance amending Section 16.83.030 and Section 16.83.040 subpart A of the LEMC, regarding adoption of the fees for the Transportation Uniform Mitigation Fee (TUMF) Program. Mayor Magee introduced the item. City Engineer Seumalo commented on the item. He noted periodically WRCOG would adjust the TUMF fees based on construction costs and other variables to keep up with inflation. City Treasurer Weber noted that the City had not received anything from TUMF. He noted that $7.2 million had been given to date. He requested that the funds be returned to the City. Mayor Magee noted various projects that would be taken care of by TUMF. WRCOG representative Ms. Taylor commented that the City needed to request the funds. She noted that Lake Elsinore had not requested any funding from TUMF to date. She noted that there were several projects that would be moving forward once the agreements had been executed. City Treasurer Weber inquired how long it would take, once the funds were requested, until the City received funding. Ms. Taylor noted the process that WRCOG took to disburse funding. She noted that they were waiting for requests from the City. Agenda Item No._ Page_of_ Page 9 - City Council Meeting Minutes - April 25, 2006 City Treasurer Weber inquired what the repercussions would be if the extra $2 thousand per house was not paid. Ms. Taylor indicated that the City could up with the additional dollars from the developer. City Treasurer Weber inquired if the City would be able to get their money back if they did not pay the extra $2 thousand per house. Ms. Taylor indicated that if the City did not wish to participate in the program they would lose their money. Mayor Magee noted that he did share some of the frustrations that City Treasurer Weber commented on. He inquired what WRCOG was doing to help streamline the paperwork process. Ms. Taylor indicated that WRCOG was the financial side ofTUMF. She noted that WRCOG did not work with Caltrans or any agency for processing the City's projects. She noted that WRCOG believed that City staffknew how to best process the City's projects. She noted that WRCOG assisted in paying for the projects. She further noted that WRCOG did not help to expedite projects. Councilmember Buckley noted that in the next 5 years the City could expect to receive $50 million from Caltrans in TUMF dollars. He commented on the amount of money spent from TUMF to date. Mayor Pro Tern Schiffner noted that he was not pleased with the TUMF program. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO CONDUCT THE FIRST READING OF ORDINANCE NO. 1178. Councilmember Hickman inquired on the status of the 1-15/Railroad Canyon Road project. City Engineer Seumalo indicated that the City was in the pre-design stage, step 2 of3 steps, with the 1-15/Railroad Canyon project. Agenda Item Noo_ Page_ of_ Page 10 - City Council Meeting Minutes - April 25, 2006 Councilmember Kelley noted that she was not in favor of these kinds of programs. Mayor Magee commented that he was uncomfortable raising the fee. He noted that he would rather push the agenda item off for one year. He noted that the residents had only seen 1 sign that TUMF had provided. He noted that he could not support increasing the fee. ORDINANCE NO. 1178 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 16.83.030 AND SECTION 16.83.040 SUBPART A, OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ADOPTION OF FEES FOR THE TRANSPORTATION UNIFORM MITGATION FEE PROGRAM. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER NOES: COUNCILMEMBERS: MAGEE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Commercial Design Review No. 2005-06 - Holiday Inn Express Hotel. Mayor Magee introduced the item. Community Development Director Preisendanz commented on the item. He noted that 9 Conditions of Approval had been added to the project. He commented on the Conditions of Approval that had been added. Ron Yarris, 31580 Canyon View Drive, noted that he objected to the elements that the hotel would bring. He commented on the additional 9 Agenda Item Noo_ Page_of_ Page 11- City Council Meeting Minutes - April 25, 2006 Conditions of Approval. He indicated that Condition of Approval No. 27 to pay all Capital Improvement and Plan Check fees was very important. Renie Skaaden, 31504 Stoney Creek, commented on the project. She noted her concerns with traffic that the project would bring. She inquired who would respond to citizens who called the 800 phone number. Mayor Magee indicated that as the Condition of Approval was written, the hotel security guards would be the ones to respond. Ms. Skaaden expressed her concerns with the project. Jason Leinen, 31520 Sagecrest Drive, thanked everyone that had been involved with the project. He noted that a lot of time and effort had been put forth to satisfy most of the concerns the residents had with the project. He indicated that Mr. Trivedi went above and beyond to respond to the residents concerns. Mr. Leinen noted that he supported the project. Lorn Bike, 23905 Clinton Keith Road, noted that he was the architect for the project. He indicated that he was available to answer any questions from the design or planning standpoint. He noted that his company had worked very hard with staff to design a project that the City would be proud of. Sachin Trivedi, Shiva Management, commented that he felt most of the issues were resolved. He noted that the security guard for the hotel would not be armed. Councilmember Hickman inquired if the applicant would be paying into the assessment district. Administrative Services Director Pressey noted that the applicant would be paying into the district. Councilmember Buckley suggested the CFD contribution be $10 thousand. He commented that he would not be in favor of placing another hotel in that location. He indicated his concerns about the project's current location. Councilmember Kelley commented that she had supported the design of the Agenda Item Noo_ Page_of_ Page 12 - City Council Meeting Minutes - April 25, 2006 project. She indicated that she was happy to see that there was a compromise between the applicant and the residents. She thanked Mayor Magee for playing a vital role in the communication between all parties. Mayor Pro Tern Schiffner indicated that he was in favor of the project. He noted that he respected the opinions of the residents in the area. He commented that the hotel was a project that the City was in need of. Councilmember Buckley commented that he would like to see the CFD contribution be $10 thousand without a 2% escalator. Councilmember Hickman noted that he agreed with Councilmember Buckley about the $10 thousand CFD contribution without a 2% escalator. Mayor Pro Tern Schiffner noted that he would not be in favor of a flat $10 thousand assessment. Councilmember Kelley inquired what the applicant's position was on that proposal. Mr. Trivedi noted that $5 thousand was the number that he came up with upon talking with the residents. He indicated that dollar amount was fair. He noted that they were paying quite a bit in occupancy tax. He noted that the 5,000 with 2% compounded for 30 years was fair. Councilmember Kelley commented on the 2% escalator with $5 thousand versus the flat $10 thousand. Don Hunt, Harris and Associates, commented that either would be acceptable and appropriate under the Mello-Roos Act. Mayor Magee thanked staff for working through the issues on the project. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-1 WITH BUCKLEY ABSTAINING TO ADOPT RESOLUTION 2006-55 APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-06 WITH CONDITION NO. 27 TO REFLECT AN ANNUAL TAX PAYMENT OF $5,000 WITH A 2010 ESCALATOR. Agenda Item Noo_ Page_of_ Page 13 - City Council Meeting Minutes - April 25, 2006 Community Development Director Preisendanz indicated that Condition of Approval No. 27 should reflect that the bond would be satisfied in September 2033 rather than 2030. THE FOREGOING MOTION WAS AMENDED TO REFLECT THE CORRECTION TO CONDITION NO. 27. CONDITIONS OF APPROVAL GENERAL CONDITIONS 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the commercial project, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Approval for Conditional Use Permit No(s). 2005-15 and 2005-22 Commercial Design Review No. C 2004-06 will lapse and be void unless building permits are issued within one (1) year following the date of approval. An extension of time, up to one year per extension, may be granted by the Community Development Director prior to the expiration or the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. 4. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 5. 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. Agenda Item No._ Page_of_ Page 14 - City Council Meeting Minutes - April 25, 2006 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. 7. The onsite public meeting room shall only be used between the hours of 9:00 a.m. and 7:00p.m. Monday thru Friday. 8. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 9. 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. 10. 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. 11. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee prior to issuance of Certificate of Occupancy. 13. No exterior roofladders shall be permitted. 14. All exterior downspouts shall be concealed within the building. 15. 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. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 17. On-site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 19. 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. 20. The property owners of APNs 363-670-006 and 007 ("Hotel Property") and the property owners of APN 363-670-005 (collectively, the "Parties") are currently negotiating a Agenda Item Noo_ Page_of_ Page 15 - City Council Meeting Minutes - April 25, 2006 Reciprocal Access and Parking Agreement ("Agreement") wherein the property owner of APN 363-670-005 (Medical Property) agrees to remove and relinquish two (2) parking spaces in the parking lot which services the Medical Property and in place of the two parking spaces erect a driveway swale which would join the parking lot for the Medical Property to the parking lot which services the abutting Hotel Property. Given the alternate peak hours of operation for each use, the parking lot for the Medical Property will serve as overflow parking for the Hotel Property during the Hotel's peak hours of operation; likewise, the Hotel parking lot will serve as overflow parking for the Medical Property during the Medical Property's peak hours of operation. Should the Parties formally execute an Agreement, the Parties shall cause a copy of the Agreement to be delivered to the Community Development Department for review and comment prior to recordation. Notwithstanding the foregoing, this condition of approval shall not delay, interfere with, or otherwise obstruct the Parties' right to secure building permits or certificates of occupancy should the Parties decide not to enter into and execute an Agreement. (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06) 21. The applicant shall require a refundable three hundred dollar ($300.00) cash deposit from any guest who pays for accommodations in cash. (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06) PRIOR TO BUILDING/GRADING PERMITS 22. 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. 23. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of thirty-feet (30) apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Agenda Item Noo_ Page_of_ Page 16 - City Council Meeting Minutes - April 25, 2006 d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. g) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. h) All landscaping and irrigation shall be installed within affected portion of any 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. i) Final landscape plan must be consistent with approved site plan. j) Final landscape plans to include planting and irrigation details. 24. 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. 25. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 26. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 27. The developer shall participate in Community Facilities District ("CFD") 98-1 ("Summerhill") through the creation of a new improvement area within the CFD. Prior to issuance of a building permit, applicant shall make a fifteen thousand dollar ($15,000) non-refundable deposit into CFD 98-1 for the formation of the improvement area. Following successful formation of the improvement area, applicant shall pay an annual tax payment of $5,000.00 with a 2% escalator into CFD 98-1 and shall be paid annually until such time that the bond is satisfied in September 2033. (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06) Agenda Item Noo_ Page_of_ Page 17 - City Council Meeting Minutes - April 25, 2006 28. A Performance Bond, in the amount of $22,000.00, or other security approved by the Director of Community Development and the City Attorney, securing perpetual performance of the security patrol in accordance with Condition of Approval No.32, shall be executed and secured by the applicant prior to the issuance of a Building Permit. (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06) 29. Prior to the issuance of a Building Permit, the applicant shall provide an emergency "Hot Line" phone number to the City of Lake Elsinore Community Development Department and to all the existing residents within Tract Map No. 20705, adjacent to the project site. (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06) PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 30. The applicant shall not permit Semi-Trucks or Recreational Vehicles (RVs), as such terms are defined within the California Vehicle Code, to park upon the Holiday Inn Express Hotel (hereinafter the "Hotel") parking lot which is located at 31573 Canyon Hills Estates Drive (APNs 363-670-006 and 007). (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06). 31. Prior to issuance of a certificate of occupancy, the applicant shall cause to be posted in a conspicuous place at each entrance to the on-site parking lot, and 100 feet before the entrance to the on-site parking lot in both directions along Ridgecrest, Saddle Ridge, and Boulder Vista Streets, a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that Semi-Trucks and RVs are prohibited from parking in the Hotel parking lot. (Added per City Council Reconsideration of Design Review No. 2005-06 on 4-25-06) 32. Prior to issuance of a Certificate of Occupancy, the applicant shall obtain Director of Community Development approval of a handout, to be provided to each Hotel guest upon registration, which includes: (1) encouraging the use of Summerhill Drive for ingress and egress, (2) prohibiting Hotel guest parking on adjacent streets, and (3) discouraging excessive noise in the hotel parking lot. (Added per City Council Reconsideration of Design Review No. 2005-06) 33. Applicant shall employ a nighttime security guard to patrol the Hotel property, the Hotel parking lot, and surrounding neighborhood streets within an 800 foot radius of the Hotel property for a continuous period of at least five (5) hours per night seven (7) days a week. It shall be within the discretion of the applicant, or applicant's successor in interest, to schedule the exact hours of patrol for the security guard so long as the security guard's shift falls within nighttime hours as defined in this condition of approval. The applicant shall provide and maintain a video surveillance of the proposed site. Prior to issuance of the first certificate of occupancy for the Hotel project, and thereafter upon request by the City, applicant shall provide the Community Development Department with written documentation verifying the employment of the nighttime security guard. The term "night" or "nighttime" as used in this condition of approval shall mean the hours between Agenda Item No._ Page_of_ Page 18 - City Council Meeting Minutes - April 25, 2006 7:00 p.m. and 6:00 a.m. (Added per City Council Reconsideration of Design Review No. 2005-06) ENGINEERING GENERAL CONDITIONS 34. 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. 35. Commercial project 2005-06 shall be subject to all applicable conditions of approval for Parcel Map 30832 at the appropriate development phase. The Railroad Canyon Road fee is $40,336.00 as provided in Conditions of Approval for Parcel Map 30832. 36. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 37. 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. 38. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 39. Provide, in writing, approval of fire protection access and facilities as required by Riverside County Fire Department. 40. Pay all fees and meet requirements of encroachment permit issued by the City of Lake Elsinore Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 41. All compaction reports, grade certifications (with tie notes delineated on 8 1/2" xlI Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 42. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. GRADING: 43. Developer shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 44. Apply and obtain a grading permit with appropriate security prior to any grading activity. Agenda Item Noo_ Page_of_ Page 19 - City Council Meeting Minutes - April 25, 2006 45. A grading plan stamped/signed by a California Registered Civil Engineer is required since the grading exceeds 50 cubic yards and the existing flow pattern is substantially modified as determined by the City Engineer. The grading plan shall show volumes of cut and fill, adequate counters and/or spot elevations of the existing ground as surveyed by a licensed surveyor or civil engineer. Contours shall extend to minimum of 15 feet beyond property lines to indicate existing drainage pattern. Apply and obtain a grading permit with appropriate security prior to grading permit issuance. 46. Provide soils, geology and seismic report, as part of this report address the requirement of the Alquist-Priolo Earthquake Fault Zoning Act. Provide final soils report showing compliance with recommendations. 47. 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. 48. 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. 49. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. DRAINAGE 50. 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. 51. Submit Hydrology and Hydraulic Reports per Riverside County Flood Control District for review and approval by City Engineer. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 52. All drainage facilities in this project shall be constructed according to Riverside County Flood Control District Standards. 53. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 54. A drainage acceptance letter will be necessary from the downstream property owners for out-letting the proposed storm water run-off on private property. 55. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance Agenda Item Noo_ Page_of_ Page 20 - City Council Meeting Minutes - April 25, 2006 of grading permits. The applicant shall provide a SWPPP for construction period and a project-specific WQMP for post construction including its maintenance implementation. The project-specific WQMP shall demonstrate that discharge flow rates, velocities, duration, and volume, for the post construction condition, from a -2-year and 1 a-year, 24- hour rainfall event will not cause significant adverse impacts on downstream erosion and receiving waters, or measures are implemented to mitigate significant adverse impacts to downstream public facilities and water bodies. 56. Developer shall use Site Design BMPs such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge areas, and conserving natural areas, and allow runoff to sheet-flow through landscaped swales or natural drainage channels. 57. Developer shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from internal local and collector streets prior to entering into outside street drainage facilities (MS4). 58. The project-specific WQMP shall provide measures to minimize the impact from the Pollutants of Concern and Hydrologic Conditions of Concern identified for the Project. Where Pollutants of Concern include pollutants that are listed as causing or contributing to impairments of Receiving Waters, BMPs must be selected so that the project does not cause or contribute to an exceedance of water quality objectives. The WQMP shall incorporate the applicable Source Control, and treatment Control BMPs as described in the Santa Ana River Region WQMP and provide information regarding design considerations, and the long-term operation and maintenance requirements for BMPs requiring long-term maintenance, as well as the mechanism for funding the long-term operation and maintenance of the BMPs requiring long-term maintenance. 59. Prior to issuance of any building or grading permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder to inform future property owners of the requirement to implement the approved project-specific WQMP. The project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project's Storm Water Pollution Prevention Plan as the Post-Construction Management Plan. 60. Education guidelines for Water Quality Management Practices (WQMP) shall be provided to the tenants, operators and owners of the businesses of the development, regarding the environmental awareness on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the WQMP in the Riverside County NPDES Drainage Area Management Plan. 61. Prior to building permit close-out or the issuance of a certificate of occupancy or certificate of use, the applicant shall: A- Demonstrate that all structural BMPs described in the project-specific WQMP have been constructed and installed in conformance with approved plans and specifications; Agenda Item No._ Page_of_ Page 21 - City Council Meeting Minutes - April 25, 2006 B- Demonstrate that applicant is prepared to implement all non-structural BMPs described in the approved project-specific WQMP; and c- Demonstrate that an adequate number of copies of the approved project-specific WQMP are available for the future owners/occupants. 62. Developer shall pay Master Planned Drainage fees of$3,330.00 per gross acre of the lots. FEES 63. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). Pay Parkland, Master Drainage, TIF and TUMF and Kangaroo Rat Fee fees prior to issuance of building permit. The Parkland is $0.10 per square feet of enclosed space; Master Drainage Plan Fee for San Jacinto No.2 District is ($2,265.00 per acre x 1.47 acre) $3,330.00. The TIF amount is $3.84per square foot of building; TUMF amount is $3.52 per square foot of building; Kangaroo Rat Fee is ($500.00 per acre x 1.47 acre) $735.00; RIVERSIDE COUNTY FIRE DEPARTMENT 64. The applicant shall comply with all Riverside County Fire Department conditions and standards (see attached conditions from Fire Department). 32. Authorization to prepare CEQA compliance documents for Specific Plan Amendment, Residential Design Review No. R-2005-27, Tentative Tract Map No. 34346 and CUP 2005-26 for Mission Trail Condominium Complex (Ari Lake Elsinore LLC). Mayor Magee introduced the Item and deferred to Community Development Director Preisendanz. Community Development Director Preisendanz gave an overview of the Item. He noted that the Item required the preparation of CEQA documents. He noted that the project was currently in the process of being reviewed by staff. He noted that the Item before Council was only a request to prepare CEQA documents. Agenda Item Noo_ Page_ of_ Page 22 - City Council Meeting Minutes - April 25, 2006 MOVED BY BUCKLEY, SECONDED BY HICKMAN TO TABLE THE ITEM. Mayor Pro Tern Schiffner stated that the project itself was not before Council. He noted that the Item was solely to prepare CEQA documents which were paid for by the land owner. Mayor Pro Tern Schiffner made the following substitute motion. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE AGREEMENT WITH HDR ENGINEERING TO PREPARE CEQA COMPLAINCE DOCUMENTS. City Attorney Leibold requested clarification if Councilmember Buckley's motion was a continuance for 2 weeks. Councilmember Buckley confirmed. Councilmember Hickman stated that he would have liked the applicant for the Item available so they could hear Council's discussion first hand. He noted that his concern had to do with the project the applicant wanted to go forward with once CEQA compliance documents were prepared. Mayor Magee noted that there was a lot of discussion entertained by every member of Council during the Study Session. He indicated that during that discussion, he did not hear any Councilmember say that they would be in support of the project to be studied. Mayor Magee noted that the City Clerk had been directed to take meticulous notes for the meeting minutes so they could be reviewed by the applicant so they knew clearly before they began spending money on an environmental document which would ultimately go to evaluate a project that currently did not have a single vote of support by Council. He noted one of the issues that Council had was that the applicant seriously reconsider their proposed density. THE FOREGOING SUBSTITUTE MOTION FAILED BY A 2-3 VOTE WITH BUCKLEY, HICKMAN AND KELLEY CASTING THE DISSENTING VOTE. Agenda Item Noo_ Page_of_ Page 23 - City Council Meeting Minutes - April 25, 2006 THE FOREGOING MOTION TO TABLE THE ITEM FOR TWO WEEKS WAS APPROVED WITH A 3-2 VOTE WITH SCHIFFNER AND MAGEE CASTING THE DISSENTING VOTE. 33. Second Reading - Ordinance No. 1174 - Granting a Non-Exclusive Franchise to provide cable service to Verizon California. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT, BY SECOND READING, ORDINANCE NO. 1174. 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 CALFORNIA INC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 1175 - Approving Zone Change (Pre- Zone) No. 2005-09 - Annexation No. 75. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO ADOPT, BY SECOND READING, ORDINANCE NO. 1175. ORDINANCE NO. 1175 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE Agenda Item No,_ Page_of_ Page 24 - City Council Meeting Minutes - April 25, 2006 (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 SPECIFIC PLAN (SP) SUBJECT TO COMPLETION OF THE ANNEXATION NO. 75. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. Second Reading - Ordinance No. 1176 - relating to the membership, appointment and term of office of the Public Safety Advisory Commission. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT, BY SECOND READING, ORDINANCE NO. 1176. 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 OF OFFICE OF THE PUBLIC SAFETY COMMISSION. Agenda Item No._ Page_of_ Page 25 - City Council Meeting Minutes - April 25, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:33 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:35 P.M. PUBLIC COMMENTS No comments. CITY MANAGER COMMENTS 1) Announced the following upcoming events: April 28th - Deadline for Planning Commission Applications April 29th - City wide clean up May 6th - Household hazardous waste collection facility would be open from 9 a.m. to 2 p.m. 2) Thanked Council for their support and vote of confidence. CITY ATTORNEY COMMENTS 1) Noted that the City filed its' comments to the LEAPS projects. Agenda Item Noo_ Page_of_ Page 26 - City Council Meeting Minutes - April 25, 2006 2) Reminded Council and Commissioners that April 27th was the AB1234 ethics training. 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: 1) Thanked everyone for coming. Councilmember Hickman commented on the following: 1) Thanked everyone for coming. Councilmember Buckley commented on the following: 1) Commended staff, the developer of the Holiday Inn Express and residents surrounded by the project on their excellent work. Mayor Magee commented on the following: 1) Noted that Friday, April 28th was the deadline for Planning Commission Applications. 2) Thanked Planning Commission Chairman O'Neal for reviewing the applications. Agenda Item No,_ Page_ of_ Page 27 - City Council Meeting Minutes - April 25, 2006 3) Noted that there would be a presentation at 6 p.m. on April 26th at the Cultural Center regarding the proposal of an 1,800-unit apartment complex adjacent to the Summerhill area. 4) Commended the City Manager on his performance. He noted that he was proud of the City Manager's performance as well as the changes and advancements he had made within the community. RESPECTFULLY SUBMITTED: ~ckcL& ~1-c MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FRE~ RA ,CITY CLERK CITY OF LAKE ELSINORE . Agenda Item No._ Page_of_