HomeMy WebLinkAbout06-13-2006 City Council Minutes
MINUTES
CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JUNE 13,2006
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Magee at 5 :00
p.m.
ROLL CALL
PRESENT:
COUNCILMEMBERS:
HICKMAN, KELLEY,
SCHIFFNER, MAGEE
ABSENT:
COUNCILMEMBERS: BUCKLEY
(Councilmember Buckley arrived at 4:15 p.m.)
Also present were: City Manager Brady, City Attorney Leibold,
Administrative Services Director Pressey, Community Services Director Sapp,
Community Development Director Preisendanz, City Engineer Seumalo,
Information/Communications Manager Dennis, Building & Safety Manager
Chipman, 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 6:00 P.M.
RECONVENE IN PUBLIC SESSION (7:00 P.M.)
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Brady.
Page 2 - City Council Meeting Minutes - June 13, 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 during 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 & Aquatics Resources
Director Kilroy, City Engineer Seumalo, Building & Safety Manager
Chipman, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer
Weber and City Clerk Ray.
CLOSED SESSION
None.
PRESENTATION/CEREMONIALS
A. Proclamation - Eagle Scout Daniel Gregory
Mayor Magee called Daniel Gregory forward to join him at the podium.
Mayor Magee read and presented the Proclamation to Mr. Gregory.
Mr. Gregory spoke of his experience in the scouting program. He noted that
he was happy to help and be a part of the community.
B. Certificate of Recognition - Kom Memorial Scholarship recipients
Mayor Magee called Da'Shea McClough, Ryan Konecni and Jeslyn Kolling
forward to the podium. Mayor Magee noted these individuals were the
recipients of the Kom Scholarship. Mayor Magee gave a brief background
Agenda Item No,_
Page 2 of 42
Page 3 - City Council Meeting Minutes - June 13,2006
on the scholarship. Mayor Magee presented the scholarship recipients with
their certificates.
C. Presentation - LESJW A - Mark Norton, Executive Administrator
Mayor Magee introduced Mark Norton from LESJW A.
Mr. Norton noted the close of the funding from Prop 13. Mr. Norton
provided some background on the formation of the JP A. He commented on
the goals of the Watershed. He commented on the historical water quality
issues. He commented on the carp removal and that over 1.1 million pounds
of carp had been removed. He commented on the destratification system.
He noted LESJW A's future tasks. He indicated that LESJW A JP A would
continue to support LESJW A through the year 2010.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE
Donna Franson, Lake Elsinore Citizens Committee, commented that Bob
Buster would be the guest speaker at the 3rd quarterly meeting of Lake
Elsinore Citizens Committee. She noted the date and location of the
meeting.
Ms. Franson thanked all the volunteers that 4elped with the beer and wine
booths at the Western States Ski Cup Festival.
Pete Dawson, 18010 Grand Avenue, commented on the Lake Elsinore
Princess and the sister ship, Phoenix. He noted that he tried to buy the sister
ship, Phoenix, but someone had purchased it before he had the chance. He
noted that the boat sank while traveling up to San Francisco. He noted the
importance to preserve the Princess.
Dan Uhlry, 137 E. Graham Avenue, commented on Item No. 25, the
Commercial Design Review that was placed under Public Hearing.
City Attorney Leibold noted that Commercial Design Reviews were
normally placed under Business Items. She noted that there was an error
with Item No. 25 since it was published as a Public Hearing item.
Tom Grady, Chamber of Commerce, commented on the Lake Elsinore Rod
Agenda Item No._
Page 3 of 42
Page 4 - City Council Meeting Minutes - June 13,2006
and Kulture Show. He noted the time and location, sponsors and the
activities that would take place. He invited people to attend.
Alicia Garcia, 708 W. Heald Street, commented on the death of her son
Enrique Garcia. She noted that he was gunned downed and killed in
Wildomar. She requested that the City donate money toward the reward
fund to catch his killer and solve the case. S~e noted that her son grew up in
Lake Elsinore and worked for the LEUSD.
Jose Cassialls, Mission Trail, noted that he graduated from Elsinore High
School. He commented on gang violence. He noted that Enrique Garcia
was not a gang member. He noted that Enrique was a loving and caring
individual. He requested that Council support raising funds for the capture
of Enrique's killer.
CONSENT CALENDAR ITEMS
MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO PULL ITEM NO.6 AND APPROVE THE
BALANCE OF THE CONSENT CALENDAR AS PRESENTED, WITH
MAGEE ABSTAINING FROM ITEM NO.5
1. The following Minutes were approved:
a. City Council Meeting - May 9, 2006.
b. Joint City Council/Redevelopment Agen~y Budget Study Session - May
18, 2006.
c. Joint City Council/Redevelopment Agency Study Session - May 23,
2006.
2. Ratified Warrant List for May 31, 2006.
3. Received and filed Investment Report for April 2006.
4. Rejected claims against the City.
5. Approved Final Map No. 30698.
Agenda Item No._
Page 4 of 42
Page 5 - City Council Meeting Minutes - June 1,3, 2006
Authorized the City Clerk to accept dedications, sign the map and arrange
for the recordation.
7. Adopted Resolution No. 2006-75 approving Joint Community Facilities
Agreement, two Fee Deposit and Reimbursement Agreements and a Deposit
and Reimbursement Agreement relating to City of Lake Elsinore
Community Facilities District No. 2006-4 (Tract Nos. 30698 and 32129).
Adopted Resolution No. 2006-76 to establish CFD No. 2006-4 (Tract Nos.
30698 and 32129) and calling a public hearing for July 25, 2006.
Adopted Resolution No. 2006-77 to incur bonded indebtedness in the
amount not to exceed $10,000,000 within the proposed City of Lake
Elsinore Community Facilities District No. 2006-4 (Tract Nos. 30698 and
32129).
ITEMS PULLED FROM THE CONSENT CALENDAR
6. Resolution of Intention to annex property into CFD No. 2003-1 and to
authorize the levy of a Special Tax within Annexation Area No. 19 (Tract
No. 31957).
Brian Oakes, 29019 Avocado Way, noted that Tract No. 31957 was located
along the backside of his house. He noted that he had submitted pictures to
the City Clerk to show how the 18 feet of area between his property line and
the new property currently looked. He requested that the property owner for
Tract No. 31957 cover up the levy as part of his project. He noted that he
was paying taxes on the 18 feet of property. He requested the 18 feet of
property be graded to where it was usable so that he and his neighbors can
extend their fences to the end of that property line.
Mayor Magee directed Mr. Oakes to Community Development Director
Preisendanz.
MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-74 AND
SCHEDULE A PUBLIC HEARING ON ANNEXATION AREA NO. 19
(TRACT NO. 31957) FOR JULY 25, 2006.
Agenda Item Noo_
Page 5 of 42
Page 6 - City Council Meeting Minutes - June 13,2006
PUBLIC HEARINGS
21. Public Hearing, approving a Joint Community Facilities Agreement and a
Funding, Construction and Acquisition Agreement approving the formation
of CFD 2006-3 (La Strada); calling a special election, canvassing election
results and authorizing the levy of special taxes.
Mayor Magee opened the public hearing at 7,:50 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
that the special tax would be subject to a maximum 2% increase. He noted
that the bond issue for the district was in an amount not to exceed $12.8
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.
Mayor Magee inquired if there were any property owners subject to the
proposed special taxes who wished to file a written protest. He noted that if
there were any property owners who wished to file a written protest, they
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 7:54 p.m.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-78
APPROVING THE JOINT FACILITIES AGREEMENT AND A FUNDING,
CONSTRUCTION AND ACQUISITION AGREEMENT.
Agenda Item No,_
Page 6 of 42
Page 7 - City Council Meeting Minutes - June 13,2006
MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-79
APPROVING THE FORMATION OF THE DISTRICT.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-80 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 SCHIFFNER, SECONDED BY HICKMAN AND CARRIED
BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-81
ORDERING CANVASSING OF THE ELECTION RESULTS.
MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON
FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1182.
ORDINANCE NO. 1182
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF
A SERVICES TAX AND A SPECIAL TAX.
UPON THE FOLLOWING ROLL CALL VOTE:
A YES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
'MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
,NONE
Agenda Item No._
Page 7 of42
Page 8 - City Council Meeting Minutes - June 13,2006
22. General Fund and LLMD Operating Budget for Fiscal Year (FY) 2006-07 &
2007-08 and Capital Improvement Projects (CIP) Budget for FY 2006-07
through 2010-11.
City Manager Brady noted that they were pleased to present a balanced
budget.
Administrative Services Director Pressey commented on the LLMD, CIP
and the General Fund budget. He noted the increases for each budget. He
noted that the emphasis of the budget was to ,address the growing needs of
the community. He commented on new positions and services.
Councilmember Buckley requested clarification on certain budget items. He
commented on a job description for the RDA position. He further
commented on the dirt road paving program.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO ADOPT THE
PROPOSED GENERAL FUND AND LLMD OPERATING BUDGET FOR
FISCAL YEAR 2006-07 AND THE 5- YEAR CIP BUDGET FOR FISCAL
YEARS 2006-07 THROUGH 2010-11.
Mayor Pro Tern Schiffner indicated that the budget had been discussed very
thoroughly.
Mayor Magee commented on the dirt road paving program. He noted that
the program needed Councilmember Buckley's hands-on approach. He
noted that the item could be brought back in August for a possible
amendment.
THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE.
23. Residential Design Review (RDR) No. R 2004-24. (Formerly Business
Item No. 34)
Community Development Director Preisendanz commented on the item. He
noted that the Planning Commission had recommended approval.
Kim Quon, Architect for the project, noted that he was available for
questions. He commented on the owner of the project. He noted that he was
Agenda Item No._
Page 8 of 42
Page 9 - City Council Meeting Minutes - June 13, 2006
a resident of Lake Elsinore. He noted some of the projects that he had been
a part of in Lake Elsinore.
Phil McElhinney, applicant for the project, noted that he had been working
on this project since 2004. He noted that he was trying to do a nice job on
the proj ect.
Councilmember Buckley commented that it met the minimum requirements.
He noted that he could not vote for approval.
MOVED BY SCHIFFNER, SECONDED BY MAGEE AND FAILED TO
CARRY BY A VOTE OF 2-3; WITH BUCKLEY, HICKMAN AND
KELLEY CASTING THE DISSENTING VOTE, TO ADOPT
RESOLUTION NO. 2006-83 APPROVING RDR NO. 2004-24.
,
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant shall defend, indemnify, and hold harmless the City, its officials, officers,
employees, and/or agents from any claim, action, or proceeding against the City, its officials,
officers, employees, or agents concerning the project attached hereto, which action is brought
forward within the time period provided for in California Government Code Section 65009 and
Public Resources Code Section 21167.
2. The decision of the Planning 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 of the Lake Elsinore Municipal Code.
PUBLIC WORKS DIVISION
3. 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.
CITY OF LAKE ELSINORE COMMUNITY SERVICES DEPARTMENT
4. The Developer to pay park fees of $1,600 per unit.
5. The Developer will be required to participate in the "Public Facility" fee program.
6. The Developer is to participate in the City-wide LLMD.
Agenda Item No,_
Page 9 of 42
Page 10 - City Council Meeting Minutes - June 13,2006
7. The Developer is to comply with all City Ordinances regarding construction debris removal and
recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
LAKE ELSINORE UNIFIED SCHOOL DISTRICT
8. Under the provisions of SB 50, the owner or developer ,will be required to pay school fees or
enter into a mitigation agreement prior to the issuance of a certificate of compliance by the
district.
LAKE ELSINORE POLICE DEPARTMENT
9. The Applicant shall provide assurances, prior to building permit, that all requirements of the
Lake Elsinore Police Department have been met.
RIVERSIDE COUNTY FIRE DEPARTMENT
10. The applicant shall provide assurances to the City that all requirements of the Riverside County
Fire Department have been met.
PLANNING DIVISION
11. Minor Design Review approval of a residential duplex located at APN 373-040-006 thru 373-
040-009; will lapse and be void unless a building permit is issued within one (1) year of the
approval date.
12. Conditions of Approval shall be reproduced upon page one of building plans submitted to the
Building and Safety Division for Plan Check. All Conditions of Approval shall be met prior to
the issuance of a Certificate of Occupancy and release of utilities.
13. Prior to issuance of any grading or building permits, the applicant shall sign and complete an
"Acknowledgement of Conditions," and shall return the executed original to the Community
Development Department for inclusion in the case records.
14. Prior to the issuance of a building permit the applicant shall obtained and submit a "will serve"
letter from Elsinore Valley Municipal Water District to the satisfaction of the Director of
Community Development. The "will serve" letter shall specifically indicate the specific water
flow volumes for both domestic and fire protection water-supply.
15. All site improvements shall be constructed as indicated on the approved site plan and elevations,
with revisions as noted herein. The applicant shall meet all required setbacks pursuant to the
Historic Elsinore Architectural Design Guidelines and the Lake Elsinore Municipal Code
(LEMC). Any other revisions to the approved site plan or building elevations shall be subject to
the review of the Community Development Director or his designee. All plans submitted for
Building Division Plan Check shall conform to the submitted plans as modified by Conditions
of Approval.
Agenda Item Noo_
Page 10 of 42
Page 11- City Council Meeting Minutes - June 13,2006
16. Materials and colors depicted on the plans and materials board shall be used unless modified by
the applicant and approved by the Community Development Director or designee.
17. All windows shall use foam surrounds and/or other architectural-type features approved by the
Community Development Director or designee.
18. Roofing materials shall have a minimum Class "A" Fire rating, and so noted on the construction
plans.
19. Applicant is to meet all applicable City Codes and Ordinances.
20. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and
used during construction. Bonds will be released after removal of trailers and restoration of the
site to an acceptable state, subject to the approval of the Community Development Director or
designee.
21. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be
limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction
activity shall occur on Saturdays, Sundays or legal holidays.
22. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction
generated dust and erosion shall be mitigated in accordance with the provisions of Municipal
Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures
shall be provided thirty (30) days after the site's rough grading, as approved by the City
Engineer.
23. Any exterior air conditioning or other mechanical equipment shall be ground mounted and
screened so that they are not visible from neighboring property or public streets. Air
conditioning units and related equipment may not encroach more than two-feet (2') into the
required minimum side yard setback.
24. Garages shall be constructed to provide a minimum interior clear space of twenty feet (20') x
twenty feet (20') for two cars.
25. The Applicant shall plant street trees, selected from the City Street Tree List, a maximum of
thirty feet (30') apart and twenty-four inch (24") box along all street frontages. Planting is subject
to the approval of the Community Development Director or designee prior to issuance of a
Certificate of Occupancy.
26. The Applicant shall provide shrubs and plant materials as shown on the landscape plan. Any
changes to this plan shall be subject to the approval of the Community Development Director
or designee. The landscape plan improvements and plantings shall be fully installed prior to
issuance of a Certificate of Occupancy.
27. Planting within fifteen feet (15') of ingress/egress points shall be no higher than 36 inches.
Agenda Item No,_
Page II of42
Page 12 - City Council Meeting Minutes - June 13,2006
28. The Applicant shall provide an irrigation system for landscaped areas onsite as shown on the
landscape plans. The irrigation system shall be fully installed and operational prior to the
issuance of a Certificate of Occupancy.
29. The Applicant shall provide a rain sensor as shown on the landscape plan. The rain censor shall
be installed prior to the issuance of a Certificate of Occupancy.
30. All exposed slopes in excess of three feet (3') in height shall have permanent irrigation system
and erosion control vegetation installed, as approved by the City's Landscape Architect. A
Planting and Irrigation Plan shall be submitted, approved and planted prior to the issuance of a
Certificate of Occupancy. Fees are required for review of plans and inspections.
31. Driveways shall be constructed of concrete per Building and Safety Division standards.
32. Walls or fences located in any front yard shall not exceed thirty-six inches (36") in height with
the exception that wrought-iron fences may be five feet (5') in height. Chain link fences shall be
prohibited.
33. All walls and/or fencing need to be located off the property line. If the Applicant proposes to
place any walls and/or fencing on the property line he/she must submit a notarized agreement
between the subject property owner and the adjacent property owner to the Planning
Department prior to installation.
34. The applicant shall construct a six foot (6') split face "CMU" block wall along the sides and rear
property line, as indicated on the site plan. Where views exist, the applicant shall have the
option of constructing a tubular steel fence. The applicant shall be required to remove and
replace any existing chain link fencing and any fencing that is in poor condition. It will be the
responsibility of the applicant to contact the effected neighboring property owners. If the
existing fencing is in good condition, this requirement may be waived per the approval of the
Community Development Director or Designee.
35. The building address shall be a minimum of four inches (4") high and shall be easily visible from
the public right-of-way. Care shall be taken to select colors and materials that contrast with
building walls or trim.
36. The applicant shall provide a trash area minimum of 3'- 0" by 7'- 0" for the storage of the trash
barrels for each unit within the limits of the garage, without interfering with the 20'x20' interior
dimensions.
37. The applicant shall provide assurance that all required fees to the Lake Elsinore Unified School
District have been paid prior to issuance of building permits.
38. The applicant shall pay park-in-lieu fees in effect at the time prior to issuance of building
permits.
39. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of
Occupancy and release of utilities.
Agenda Item No._
Page 12 of42
Page 13 - City Council Meeting Minutes - June 13,2006
40. The applicant shall pay the Multi Species Habitat Conservation Plan Fee (M:SHCP) Local
Development Mitigation Fee of $1,651.00 (fee for density less than 8 du/ac) prior to obtaining
building permits.
41. The applicant shall submit a check in the amount of $64.00 made payable to the County of
Riverside for a Notice of Exemption. The check shall be submitted to the Planning Division for
processing within 48 hours of the projects approval.
42. The applicant shall pay all applicable Library Capital Improvement Fund fee.
43. CC & R's for the project shall be submitted and indicate provisions for maintaining common
area amenities, site maintenance and parking access to the satisfaction of the City Attorney.
44. A lot line adjustment reflecting an appropriate layout of property lines for the duplex project
shall be approved and finalized prior to building permit is:;mance.
45. Decorative stamped concrete shall be provided in all driveway areas. The final design/color
shall be approved by the Director of Community Development or his/her designee.
46. 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 Califo1;nia Community Redevelopment Law
(Health & 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 of 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.
ENGINEERING DIVISION
General
47. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the
grading exceeds 50 cubic yards or the existing flow, pattern is substantially modified as
determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is
not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern
inspection can be conducted before grading begins.
48. An Encroachment Permit shall be obtained prior to any work on City right-of-way.
49. The zero setback portion of this project shall be approved by Planning Department.
Agenda Item Noo_
Page 13 of42
Page 14 - City Council Meeting Minutes - June 13, 2006
SO. Applicant shall record CC & R's for maintenance of shared landscape areas and structures and
drainage facilities, within the project. The CC & R's shall be approved by the Planning Director.
51. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property. owner or his agent.
52. Provide fIre protection facilities as required in writing by Riverside County Fire.
53. 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 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 is 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.
54. 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 materia~
debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing
or all other phases of construction.
55. 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.
56. 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.
57. 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.
58. 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/0r a permission to drain letter from the
affected landowner.
59. Roof drains shall not be allowed to oudet direcdy through coring in the street curb.
60. Roofs should drain to a landscaped area.
Street Improvements
61. If the existing street improvements are to be modifIed, the existing street plans on @e shall be
modifIed accordingly and approved by the City Engineer prior to issuance of building permit.
Agenda Item Noo_
Page 14 of42
Page 15 - City Council Meeting Minutes - June 13, 2006
An encroachment permit will be required to do the work.
62. Work done under an encroachment permit for off-site improvements shall be delineated on the
street improvement plans and approved and signed by the City Engineer prior to issuance of
building permits.
63. Pay all fees and meet requirements of an encroachment permit issued by the Engineering
Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All
fees and requirements for an encroachment permit shall be fulfilled before Certificate of
Occupancy.
64. 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.
Prior to Issuance of a Grading Permit
65. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that shows
proposed project improvements and drainage patterns 'shall be submitted so that a cursory
drainage and flow pattern inspection can be conducted before grading begins.
66. Submit grading plans, Soils Report, 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.
67. The grading plan shall show natural drainage conveyed through the site, or collected and
conveyed by a method approved by the City Engineer.
68. 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.
69. A Water Quality Management Plan (WQMP) shall be submitted for review and approval.
70. 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.
71. Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination System
(NPDES) program with a storm water pollution prevention plan prior to issuance of grading
permits.
72. Applicant shall obtain approval from Santa Ana Regional'Water Quality Control Board for their
storm water pollution prevention plan including approval of erosion control for the grading plan
prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction,
which describes BMP's that will be implemented for the development and including
maintenance responsibilities. (Required for lot of one acre or more)
Agenda Item No._
Page 15 of42
Page 16 - City Council Meeting Minutes - June 13,2006
Prior to Occupancy
73. Pay all fees and meet requirements of an encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees and
requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy.
74. All compaction reports, grade certifications, monument certifications (with tie notes delineated
on 81/2" x 11" Mylar) shall be submitted to the Engineering Division.
75. All public improvements shall be completed in accordance with the approved plans to the
satisfaction of the City Engineer.
76. Water and sewer improvements shall be completed ill accordance with Water District
requirements.
77. Applicant shall provide a homeowner's association with a recorded CC & R's for maintenance of
shared landscape areas, structures, and drainage facilities. '
Prior to Issuance of Building Permit
78. 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.
79. 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.
80. Dedicate additional right-of-way on Graham Avenue such that the centerline to property line is
30 feet.
81. Dedicate additional right-of-way on Maroni Avenue such that the centerline to property line is
30 feet. Provide in-lieu payment for future half-width' street improvements (includes street
lighting and signing and striping) prior to building permit (Res. 86-35).
82. Public right-of-way dedications shall be prepared by the applicant or his agent. Deeds shall be
submitted to the Engineering Division for review and approval prior to issuance of building
permit.
83. Construct half-width street improvements, and pavement transitions on Graham Street per
approved street plans (LEMC Tide 12). The street improvements shall include street lighting
and traffic signing and striping. Plans must be approved and signed by the City Engineer prior to
issuance of building permit (LEMC 16.34).
84. A Calif. Registered Civil Engineer shall prepare street 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
Agenda Item No,_
Page 16 of42
Page 17 - City Council Meeting Minutes - June 13, 2006
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 SO' beyond the property limits.
85. If the existing street improvements are to be modified, the existing street plans on file shall be
modified accordingly and approved by the City Engineer prior to issuance of building permit.
An encroachment permit will be required to do the work.
86. Work done under an encroachment permit for off-site improvements shall be delineated on the
street improvement plans and approved and signed by the City Engineer prior to issuance of
building permits.
87. 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 and met the goals of the BMP in Supplement "A" in the Riverside County
NPDES Drainage Area Management Plan. (Required for lot of one acre or more)
88. Applicant shall provide BMP's that will reduce storm water pollutants from parking areas and
driveway aisles. (Required for lot of one acre or more)
FEES
89. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee of
$1,369.00 and the TUMF amount of $7,248.00.
STORMATER/CLEANWATER PROTECTION PROGRAM
90. City of Lake Elsinore has adopted ordinances for storm water management and discharge
control. In accordance with state and federal law, these local storm water ordinances prohibit
the discharge of waste into storm drain system or local surface waters. This includes non-storm
water discharges containing oil, grease, detergents, trash; or other waste remains. Brochures of
"Storm water Pollution, What You Should Know" describing preventing measures are
available at City Hall.
PLEASE NOTE: The discharge of pollutants into street, gutters, storm drain system, or waterways
-without Regional Water Quality Control Board permit or waver - is strictly prohibited by local
ordinances and state and federal law.
24. Tentative Parcel Map (TPM) No. 33182. (Formerly Business Item No. 35)
Community Development Director Preisendanz commented on the item. He
noted that the Planning Commission had recommended approval.
Agenda Item No,_
Page 17 of42
Page 18 - City Council Meeting Minutes - June 13, 2006
MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A
UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-84
APPROVING TPM NO. 33182.
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold
harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any
claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to
attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards,
or legislative body concerning implementation and construction of Tentative Parcel Map
No. 33182, which action is bought within the time period provided for in California
Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section
21167. The City will prompdy notify the applicant of any such claim, action, or proceeding
against the City and will cooperate fully with the defense.
TENTATIVE PARCEL MAP NO. 33182
2. The Tentative Parcel Map will expire two (2) years from date of approval unless within that
period of time an appropriate instrument has been filed and recorded with the County
Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in
accordance with the Subdivision Map Act and the LEMC.
3. The Tentative Parcel 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.'
4. Prior to final approval of any building or structures and/or approval of the Tentative Parcel
Map, the improvements specified herein and approved by the Planning Commission and the
City Council shall be installed, or an 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.
5. All lots shall comply with minimum standards contained in the LEMC.
6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC.
7. The applicant shall comply with all conditions of the Riverside County Fire Department.
8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District
(EVMWD).
Agenda Item No._
Page 18 of42
Page 19 - City Council Meeting Minutes - June 13,2006
9. All future structural development associated with this map requires separate Design Review
approval.
10. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and
complete an "Acknowledgment of Conditions" and shall return the executed original to the
Community Development Department.
11. The applicant shall comply with the following City programs: the City Source Reduction
and Recycling Element and Household Hazardous Waste Element, the County Solid Waste
Management Plan and Integrated Waste Management Plan.
12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-
serve letter) to the City Engineer, for all required utility services.
13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore
Unified School District (LEUSD) prior to issuance of building permits.
14. Pay all applicable fees including park fees.
15. The applicant shall meet all requirements of the providing electric utility company.
16. The applicant shall meet all requirements of the providing gas utility company.
17. The applicant shall meet all requirements of the providing telephone utility company.
18. A bond is required guaranteeing the removal of all trailers used during construction.
19. All signage shall be subject to Planning Division review and approval prior to installation.
20. The City's Noise Ordinance shall be met during all site preparation activity. Construction
shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday.
Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays.
ENGINEERING
21. Dedicate full half-width cross section of thirty 30-feet for the project frontage on Kevin
Place; this will require a curb to be installed at twenty 20-feet from centerline.
22. Subject to the City Engineer approval, the typical ten 1 a-foot parkway and sidewalk width
may be placed in a ten la-foot wide public utility easement, rather than being dedicated as
street right-of-way.
23. 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.
24. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to final map approval.
Agenda Item Noo_
Page 19 of42
Page 20 - City Council Meeting Minutes - June 13,2006
25. 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.
26. 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. Note that the 50' access
easement on Parcel 1 may be reduced subject to Fire Department approval. The reduction
could provide additional property for residential use f<;>r Parcell.
27. All existing and proposed easements and dedications shall be properly noted in the map.
28. The remainder parcel shall be shown in the final map.
29. 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. Note: The palm trees along
Kevin Place may be affected with this project. Relocation or preservation of the palm trees
shall be borne by the developer. .
30. A Calif. Registered Civil Engineer shall prepare street 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).
31. All property taxes shall be paid prior to recordation of the final map.
PRIOR TO ISSUANCE OF A GRADING PERMIT
32. Please contact the U.S. Army Corps of Engineers, to discuss the potential discharged fill
material into, including any redeposit of dredged material within "waters of the United
States" and adjacent wedands pursuant to Section 404 of the Clean Water Act of 1972.
33. If the grading is less than 50 cubic yards and a grading plan is not required, a site plan that
shows proposed project improvements and drainage patterns shall be submitted so that a
cursory drainage and flow pattern inspection can be c~nducted before grading begins.
34. 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.
35. Provide soils, geology and seismic report. Provide final soils report showing compliance with
recommendations. .
36. The applicant shall ensure that the minimum pad elevation be 1267 to meet the City's
Floodplain Management requirements.
37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake
faults and/or liquefaction zones present on-site.
Agenda Item No._
Page 20 of 42
Page 21 - City Council Meeting Minutes - June 13, 2006
38. 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.
39. 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 Dr~age Area Management Plan.
40. 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.
41. Applicant shall provide the city with proof of his having filed a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance of
grading permits.
42. Applicant shall submit a Water Quality Management Plan (WQMP) as required per the Santa
Ana Regional Water Quality Control Board.
43. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for
their storm water pollution prevention plan including approval of erosion control for the
grading plan prior to issuance of grading permits. The applicant shall provide a 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
44. 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.
45. 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 9uilding permit.
46. Pay all Capital Improvement Impact/Mitigation Fees and Plan Check fees (LEMC 16.34).
PRIOR TO OCCUPANCY
47. Prior to the issuance of occupancy the applicant shall construct street and sidewalk
improvements and associated traffic signing and striping along the project frontage on Kevin Place such that the centerline to property line is 30 an~ centerline to curb line is 20'.
Agenda Item No._
Page2Iof42
Page 22 - City Council Meeting Minutes - June 13,2006
48. Prior to the issuance of occupancy the applicant shall construct the street knuckle on Kevin
Place and Mark Avenue per City and/or County Standard. (Note that this will require the
modification of the existing driveway at the knuckle area).
49. Prior to the issuance of occupancy the applicant shall install public street lighting along
Kevin Place per City and/or County Standards.
50. All compaction reports, grade/elevation certifications, monument certifications (with tie
notes delineated on 81/2" x 11" Mylar) shall be submitted to the Engineering Division.
51. All public improvements shall be completed in accordance with the approved plans to the
satisfaction of the City Engineer.
52. Pay all fees and meet requirements of an encroachment permit issued by the Engineering
Division for construction of public works improvements (LEMC12.08, Res.83-78). All fees
and requirements for an encroachment permit shall be fulfilled before Certificate of
Occupancy.
53. All traffic signing and striping shall be completed in accordance with the approved plans to
the satisfaction of the City Traffic Engineer.
54. Water and sewer improvements shall be completed in accordance with Water District
requirements.
55. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if
the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as
determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan
is not required, a grading permit shall still be obtaincrd so that a cursory drainage and flow
pattern inspection can be conducted before grading begins.
56. 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.
57. 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 p1;oper erosion control.
58. An Encroachment Permit shall be obtained prior to any work on City right-of-way.
59. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the
roadway or alley shall be the responsibility of the property owner or his agent.
60. Underground water rights shall be dedicated to the City pursuant to the provlSlons of
Section 16.52.030 (LEMC) , and consistent with th~ City's agreement with the Elsinore
Valley Municipal Water District.
Agenda Item No._
Page 22 of 42
Page 23 - City Council Meeting Minutes - June 13, 2006
61. Applicant shall pay all applicable development impact/mitigation fees, including but not all
inclusive: TUMF, MSHCP, TIF and area drainage fee~.
62. 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.
63. All compaction reports, grade certifications, monument certifications (with tie notes
delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final
inspection of public works improvements will be sche~uled and approved.
64. 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 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 is either sold or dot;lated to another vendor, the applicant
shall supply proof of debris disposal at a recycling center, including verification of tonnage
by certified weigh master tickets.
65. 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.
,
66. 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.
67. 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.
68. Roof drains shall not be allowed to oudet direcdy through coring in the street curb.
69. Roofs should drain to a landscaped area.
70. 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.
71. City of Lake Elsinore has adopted ordinances for storm water management and discharge
control. In accordance with state and federal la"\y, these local storm water ordinances
prohibit the discharge of waste into storm drain system or local surface waters. This
includes non-storm water discharges containing oil, grease, detergents, trash, or other waste
remains. Brochures of "Storm water Pollution, What You Should Know" describing
preventing measures are available at City Hall.
Agenda Item No,_
Page 23 of42
Page 24 - City Council Meeting Minutes - June 13,2006
25. Commercial Design Review (CDR) No. 2005-08 for the project known as
"Medical Office Building". (Formerly Business Item 37)
Community Development Director Preisendanz commented on the item. He
noted that the Planning Commission had recommended approval.
Lon Bike, Architectural Team Three, noted that he was the architect for the
project. He noted that the project had met City guidelines. He noted that the
applicant was in agreement with all the Conditions of Approval except for
Condition No. 61. He noted that they would like to have that condition
removed from the list.
Dr. Danesh, 31740-3 Railroad Canyon Road, commented on the project. He
noted that there would be a maximum of 2 et,nployees per office.
Councilmember Hickman noted that his concern was the parking. He
inquired if the applicant did not want to pay the $15 thousand toward CFD
98-1 as part of Condition of Approval No. 61.
Mr. Bike noted that he had just learned of the condition that afternoon. He
noted that they had not had enough time to study the impact to the project.
He noted that if it was Council's desire to leave that condition in, he would
respectively request a continuance.
Mayor Pro Tern Schiffner commented that it was total unusual for that kind
of assessment to be placed on commercial property. He noted that to impose
the tax on other developments near the hotel was unprecedented.
Councilmember Kelley noted that she agreed with Mayor Pro Tern
Schiffner.
Counci1member Buckley noted that the hotel was trying to be a good
neighbor. He inquired if the applicant would be willing to voluntarily
contribute to the CFD.
Dr. Danesh noted that his answer would have to be no.
Councilmember Kelley noted that it was inappropriate for Council to try and
negotiate.
Agenda Item No._
Page 24 of42
Page 25 - City Council Meeting Minutes - June 13, 2006
MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT
RESOLUTION NO. 2006-85 APPROVING CDR NO. 2005-08, DELETING
CONDITION NO. 61.
Mayor Magee inquired if Condition of Approval No. 61 was presented to the
Planning Commission. '
Community Development Director Preisendanz indicated that the condition
had not been presented to the Planning Commission. He noted that the
reasoning for not presenting it to the Planning Commission was because he
understood it not to be applicable to the Commercial Design Review and
more applicable to the hotel project. He noted that upon speaking to
Administrative Services Director Pressey and City Manager Brady he was
able to confirm that all the projects in that area would need to contribute to
the CFD.
City Manager Brady indicated that he requested the condition be added in
order to allow the property owner the opportunity to donate to the CFD.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3-2 WITH
BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES.
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 eooperate 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 Commercial Design Review No. 2005-08 will lapse and be void unless building
permits are issued within one (1) year following the date of approval.
3. Any alteration or expansion of a project for which there has been a "Design Review"
Agenda Item No,_
Page 25 of 42
Page 26 - City Council Meeting Minutes - June 13,2006
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. ,
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. Applicant shall comply with all mitigation measures associated with the Environmental
Impact Report for the Canyon Creek Specific Plan and Mitigated Negative Declaration for
Canyon Creek Specific Plan Amendment No. 1 as applicable.
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. All light fixtures shall compliment the architectural
style of the building.
11. Applicant shall comply with all ADA (Americans with Disabilities Act) requirements.
12. Trash enclosures shall be constructed per City stan<;Jards 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.
Agenda Item No._
Page 26 of 42
Page 27 - City Council Meeting Minutes - June 13, 2006
16. Materials and colors depicted on the plans and materials board shall be used unless modified
by the Community Development Director or designee. The colors and materials include the
following:
Building Walls -
Dunn Edwards DE 127 "Tan"
Dunn Edwards DE 130 "Light Tan"
Dunn Edwards DE 126 "Dark Tan"
Accent Colors Dunn Edwards "Forest Green"
Roofing -
US Tiles
Storefront -
Aluminum with PPG Green Glass
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 currendy negotiating a
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.
PRIOR TO BUILDING/GRADING PERMITS
21. 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.
Agenda Item No._
Page 27 of 42
Page 28 - City Council Meeting Minutes - June 13, 2006
22. 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. All planting areas shall be separated from paved areas with a six inch (6") high and
six inch (6") wide concrete curb.
c. Planting within fifteen feet (15') of ingress/egress points shall be no higher than
thirty-six inches (36").
d. Any transformers and mechanical or electrical' equipment shall be indicated on
landscape plan and screened as part of the landscaping plan.
e. 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.
f. 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.
g. 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. Final landscape
plan must be consistent with approved site plan.
h. Final landscape plans to include planting and irrigation details.
23. Prior to issuance of building permits, applicant shall provide assurance that all required fees
to the Lake Elsinore Unified School District have been paid.
24. Developer shall pay a Public Building Impact Fee of $180.00 per 1,000 square feet of office
space.
ENGINEERING DEPARTMENT
Agenda Item Noo_
Page 28 of 42
Page 29 - City Council Meeting Minutes - June 13, 2006
General:
25. All Public Works requirements shall be complied with as a condition of development as
specified in the Lake Elsinore Municipal Code (LEMC) prior to grading plan approval.
26. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). The
Rail Road Canyon Road fee is $21677.00 as provided in Conditions of Approval for Parcel
Map 30832.
27. Commercial project 2005-08 shall be subject to all applicable conditions of approval for
Parcel Map 30832 at the appropriate development phase.
28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26).
29. 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 Grading Plan approval.
30. 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.
31. Provide, in writing, approval of fire protection facilities as required by Riverside County Fire
Department.
32. 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).
33. All compaction reports, grade certifications (with tie notes delineated on 8 1/2" xll Mylar)
shall be submitted to the Engineering Division before final inspection of public works
improvements will be scheduled and approved.
34. All utilities except electrical over 12 kv shall be placed underground, as approved by the
serving utility.
35. Show full course of the proposed handicap access path from public and private roads to the
building entrance, including the slope of the path.
Grading:
36. Developer shall obtain all necessary off-site easements for off-site grading from the adjacent
property owners prior to Grading Plan approval.
37. Apply and obtain a grading permit with appropriate security prior to any grading activity.
Agenda Item Noo_
Page 29 of 42
Page 30 - City Council Meeting Minutes - June 13, 2006
38. 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. '
39. Provide soils, geology and seismic report, prepared by a registered geologist, as part of this
report the requirement of the Alquist-Priolo Earthquake Fault Zoning Act, and the effect of
the building surcharge on the Geo Grid wall system will be addressed. Provide final soils
report showing compliance with recommendations.
40. 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, clearing
and grubbing or all other phases of construction.
41. All grading shall be done under the supervision of a geotechnical engineer. In addition, the
engineer shall certify all slopes steeper than 2 to 1 for stability and proper erosion control.
Drainage:
42. 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.
43. 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.
44. All drainage facilities in this project shall be constructed according to Riverside County
Flood Control District Standards.
45. 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.
46. A drainage acceptance letter will be necessary from the downstream property owners for
out-letting the proposed storm water run-off on private property.
47. Applicant shall provide the city with proof of his having f1led a Notice of Intent with the
Regional Water Quality Control Board for the National Pollutant Discharge Elimination
System (NPDES) program with a storm water pollution prevention plan prior to issuance of
grading permits. 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 10-year, 24-hour rainfall
event will not cause significant adverse impacts on downstream erosion and receiving waters,
Agenda Item No,_
Page 30 of 42
Page 31- City Council Meeting Minutes - June 13,2006
or measures are implemented to mitigate significant adverse impacts to downstream public
facilities and water bodies.
48. Developer shall use Site Design BMPs such as minimizing impervious areas, maximizing
permeability, minimizing direcrly 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.
49. Developer shall provide first flush BMP's using the best available technology that will reduce
storm water pollutants from on site and private streets prior to entering into outside street
drainage facilities (MS4).
50. The project-specific WQMP shall provide measures to rrunuruze 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.
51. 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.
52. Trash Enclosure shall have solid roof to prevent rain entering the enclosure.
53. 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. '
54. 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;
b. Demonstrate that applicant is prepared to implement all non-structural BMPs
described in the approved project-specific WQMP; and
Agenda Item No._
Page 31 of42
Page 32 - City Council Meeting Minutes - June 13, 2006
c. Demonstrate that an adequate number of copies of the approved project-specific
WQMP are available for the future owners/occupants.
55. Developer shall be subject to all Master Planned Drainage fees of $2,265.00 per gross acre of
the lots.
FEES:
56. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). Pay Parkland, Master
Drainage, TIF and TUMF and MSHCP and Kangaroo Rat Fee fees prior to issuance of
building permit.
Master Drainage Plan Fee for San Jacinto No.2 District is $2,265.00 per acre;
The TIF amount is $1.45 per square foot of building;
TUMF amount is $3.52 per square foot for building;
MSHPC Local Development Mitigation Fee is $5,620.00 per acre.
Kangaroo Rat Fee is $450.00 per acre based on gross acreage.
Library Capital Improvement Fund Fee is $150.00 per unit.
,
COMMUNITY SERVICES DEPARTMENT
57. Developer to pay park fees of$0.10 per square foot for all interior commercial space.
58. Developer to comply with all City Ordinances regarding construction debris removal and
recycling as per Section 8.32 of the Lake Elsinore Municipal Code.
RIVERSIDE COUNTY FIRE DEPARTMENT
59. The applicant shall comply with all Riverside County Fire Department conditions and
standards (see attached conditions from Fire Department).
BUILDING AND SAFETY DEPARTMENT
60. ADA Path of Travel to the public right-of-way shall be completed prior to issuance of
Certificate of Occupancy. '
ADMINISTRATIVE SERVICES
61. Prier to issuance of a building permit, the developer shaH PMticipate in Community P acilitics
District ("CPD") 98 1 ("8Uft111lerhill.") through the creation of a new improvement Mea
within the CPD. Applicant shaH make a fifteen thousand doHM ($15,000) non refundahle
deposit into CPD 98 1 to eO'Ver the eost of the creation of the improvement Mea. PoH(y~;ing
creation of the improvement area, the pl'Opcrt)T shill he subject to an annual special tax
paymcnt, amount of such payment to be determined, with a 2% annnM cscalator, which sall:-H
be pftid until such time that the hand is satisfied in September 2033. (Deleted per City
Council on 6-6-06)
Agenda Item No._
Page 32 of 42
Page 33 - City Council Meeting Minutes - June 13, 2006
BUSINESS ITEMS
31. Second Reading - Ordinance No. 1181 - Ordinance amending Chapter
16.74 of the Municipal Code.
MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT UPON
SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1181.
ORDINANCE NO. 1181
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 16.74 TO
TITLE 16 OF THE LAKE ELSINORE MUNICIPAL CODE
ESTABLISHING A FIRE FACILITIES'FEE FOR DEVELOPMENT
PROJECTS WITHIN THE CITY OF LAKE ELSINORE.
UPON THE FOLLOWING ROLL CALL VOTE:
A YES:
COUNCILMEMBERS:
BUCKLEY, HICKMAN,
KELLEY, SCHIFFNER,
'MAGEE
NOES:
COUNCILMEMBERS:
NONE
ABSENT: COUNCILMEMBERS:
NONE
ABSTAIN: COUNCILMEMBERS:
,NONE
32. Sub-committee recommendation for Planning Commission.
Mayor Magee noted that the appointed sub-committee consisted of
Councilmember Hickman and Mayor Pro Tern Schiffner. He noted that they
had interviewed 21 applicants over a 3-day period. He noted that they had
recommended 3 individuals for the position. '
Councilmember Hickman noted that all of the applicants interviewed were
very qualified. He noted that it was a very difficult decision. He noted that
the sub-committee recommended Jimmy Flores, Phil Mendoza and Axel
Agenda Item No._
Page 33 of 42
Page 34 - City Council Meeting Minutes - June 13, 2006
Zanelli. He noted that 4-year terms would be given to Mr. Flores and Mr.
Zanelli and a 2-year term would be given to Mr. Mendoza.
Mayor Pro Tern Schiffner noted that all the applicants interviewed were very
qualified.
MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED
BY A UNANIMOUS VOTE TO APPROVE APPOINTMENTS
RECOMMENDED BY THE SUB-COMMITTEE.
Councilmember Buckley inquired if it would be wise to contact the other
individuals who applied for the Planning Commission to see if they would
be interested in the Public Safety Advisory Commission.
Mayor Magee suggested asking the sub-committee to come back at the next
meeting with a recommendation based on the applicants they interviewed.
Councilmember Buckley suggested that Loraine Watts be considered for the
PSAC opening.
THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE.
Mayor Magee requested that newly appointed Planning Commissioners
introduce themselves.
Axel Zanelli introduced himself and thanked'the Mayor and City Council for
their support. He noted that he would be resigning from his seat on the
PSAC.
Phil Mendoza introduced himself and noted his background. He noted that
he had been a resident of Lake Elsinore for 6 years. He commented that he
was a very proud member of the community.
Jimmy Flores introduced himself and thanked Council and City staff for an
opportunity to serve the community. He noted that he would do the best he
could.
Mayor Magee congratulated and welcomed the newly appointed
Commissioners.
Agenda Item No._
Page 34 of42
Page 35 - City Council Meeting Minutes - June 13,2006
33. Appropriation limits for FlY 2005-06 and 2006-07 (Proposition 4).
Administrative Services Director Pressey commented on the item. He noted
that the appropriations limit was going from $4.1 million to $45 million.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-82,
ADJUSTING THE CITY'S 2005-06 APPROPRIATION LIMIT TO
$41,133,387 AND SETTING THE CITY'S 2006-07 APPROPRIATION
LIMIT AT $45,773,233.
34. Residential Design Review (RDR) No. R 2004-24. (Presented as Public
Hearing Item No. 23)
Business Item No. 34 was taken as Public Hearing Item No. 23.
35. Tentative Parcel Map (TPM) No. 33182. (Pr.esented as Public Hearing
Item No. 24)
Business Item No. 35 was taken as Public Hearing Item No. 24.
36. Commercial Design Review (CDR) No. 2005-08 for the project known as
"Medical Office Building". (Presented as Public Hearing Item No. 25)
Business Item No. 36 was taken as Public Hearing Item No. 25.
37. Continuation of appeal of structure abatement and administrative
proceedings.
Community Development Director Preisendanz commented on the item. He
noted that the property was originally placed' on the City's Structure
Abatement Program in March 2006. He noted that the property owner had
filed an appeal and provided Council with the requested paperwork. He
noted that it was staff s recommendation to deny the request for the appeal.
MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY
A UNANIMOUS VOTE TO CONTINUE TO UPHOLD THE STRUCTURE
ABATEMENT ACTION AND ADMINISTRATIVE PROCEEDINGS AND
DENY THE REQUEST FOR APPEAL.
Agenda Item No,_
Page 35 of 42
Page 36 - City Council Meeting Minutes - June 13, 2006
38. Continuation of Modifications to Condition of Approval (COA) No.1 02 for
Vesting Tentative Tract Map (VTTM) No. 28214 and COA No. 90 for
VTTM No. 30836 (Murdock Alberhill Ranc~ Specific Plan).
Community Development Director Preisendanz commented on the item. He
noted that the applicant had requested modifications to the Conditions.
City Engineer Seumalo noted that staff met with the applicant to review the
Conditions of Approval. He commented on the trigger points and the
sequence of development.
Councilmember Buckley commented on the projects to be completed with
the development.
MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPROVE
MODIFICATION TO COA NO. 102 FOR VTTM NO. 28214 AND
APPROVE MODIFICATION TO COA NO. 90'FOR VTTM NO. 30836
CONDITIONS OF APPROVAL
GENERAL CONDITIONS
90 and 102 The mitigation measures noted in the traffic study from page 1-5 through page I-
n (attached) shall be incorporated into these conditions and are modified, refined,
corrected and/ or added as follows.
Phase 1 Improvements
· Lake Street curve alignment improvement north of Coal Road shall have a minimum design
speed of 55 mph and a minimum radius of 1,750 feet and be completed by 240th C of O.
· Lake Street and the north/southbound ramps, the improvements shall be completed by the
240th C of 0 or at a later date as dete17JJined try the Ciry Engineer and approved try CALTRANS.
· Lake Street and Temescal Canyon Road, interim signalization and intersection the improvements
shall be completed by the 240th C of 0, and the ultimate intersection improvements try the 65(jh C of
O.
· Lake Street and Collector "A", the improvements shall be completed by the 240th C of O.
· Lake Street and Mountain Street, the improvements shall be completed by the 240th C of O.
Agenda Item No._
Page 36 of 42
Page 37 - City Council Meeting Minutes - June 13, 2006
Phase 2 Improvements
· Lake Street curves, north of the curve improved in Phase 1, shall be realigned and improved
to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 464th C of 0
of Phase 2.
· Lake Street interim roadway improvements may be reduced to 62 feet of R/W to
accommodate a 1,750 ft. radius. Interim roadway improvements may include a super
elevation design to be approved by the City Engineer and shall include a reconstruction
replacement cost.
· Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by
the 464th C of 0 of Phase 2. The curves shall be realigned and improved to a design speed
of 55 mph minimum and 1,750 foot minimum radius.
· Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 464th
C of 0 of Phase 2.
· Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2-lane
divided road indudiflg a. To minimize the effects of a significant flood event, should one occur during this
one year extension, a section of the existing Nichols Road west of Collier Avenue (approximatelY 400 feet in
length,) as identified by the CifY Engineer, will be raised two (2) feet in elevation. The two lane road and
gradingflr elevation is to be completed by April 01, 2007. The 2-lane bridge over Temescal Creek shall
be completed by Alberhill Creek December 31,2008 or by the the 464tft C of 0 of Phase 2 95(jh C of
o whichever occurs first.
· Collier Avenue and Nichols Road, construct intersection improvements by the 6Wtft 95(jh C
of 0 in co,!junction with the construction of the Temescal Creek Bridge of Phase 3. (moved from Phase 3
requirements)
· Developer shall work with the City in the event the CifY proceeds with 6fHl design prior to the
commencement ofDeveloper's Phase 2, to realign Collier Avenue at Nichols Road to the west away
from the freeway allowing more storage for entry to the freeway ramps.
· Nichols Road and the northbound 1-15 ramps, construct a traffic signal by the 464th C of 0
of Phase 2 or at a later date as determined by the CifY Engineer and approved by Caltrans.
· Nichols Road and the southbound 1-15 ramps, construct a traffic signal by the 464lh C of 0
of Phase 2 or at a later date as determined by the City Engineer and approved by Caltrans.
· Nichols Road and Lake Street, signal and widening improvements shall be completed when
Nichols Road is extended to Collector "A".
· Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to
"A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836.
Agenda Item Noo_
Page37of42
Page 38 - City Council Meeting Minutes - June 13, 2006
Phase 3 Improvements
· Lake Street from 1-15 Freeway to Nichols Road, construct interim 4-lane section by the 650th
C of 0 of Plum; 3 or at a later date as determined l?Y the Ciry Engineer, pending the potential realignment
of Lake Street in this segment. An updated traffic analYsis shall be required at the conclusion of the Phase 2
improvements noted above to examine the appropriate timing of this street segment.
· Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east
boundary to its ultimate full section prior to the last C of 0 for Lot 974.
· Terra Cotta Road from Nichols Road to south project boundary, construct by the 1 st C of 0
in lot 974.
· Lake Street and 1-15 Freeway SB-ramps, install NB right turn lane by 650th C of 0 of Pha:'lc
~ unless delqyed pursuant to updated traffic stucfy for Phase 3 i';1provements as noted above.
· Collector "A" and Nichols Road construct traffic signal by the 650th C of 0 of Ph8:3c 3.
· "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the
school :'lite or by the 100th C of 0 of Tr. 30836 '~;hichc-.'er is f1r3t.
39. Continuation of Alberhill Ranch Park Land Reimbursement.
Administrative Services Director Pressey commented on the item. He noted
that staff was comfortable with the request.
Dan Uhlry, 137 E. Graham Avenue, commented that he was against the
project at the last meeting. He noted that upon learning the expenditure that
Castle & Cooke was putting toward the deve'lopment of the park, he was
now in favor of the project.
City Treasurer Weber commented on taxes for the project. He noted that the
mechanism for the developer was to get money up front.
MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO DIRECT
STAFF TO PROCESS THE REIMBURSEMENT REQUEST FOR THE
FAIR MARKET VALUE OF THE PARK LAND WITH CFD 2005-2
(ALBERHILL RANCH) BOND PROCEEDS.
Agenda Item Noo_
Page 38 of 42
Page 39 - City Council Meeting Minutes - June 13, 2006
Councilmember Buckley commented on past developer agreements. He
noted that he was concerned with setting a precedence.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4-1, WITH
BUCKLEY ABSTAINING.
40. Continuation of Park Site Implementation Agreement for the Community
Park located within the Alberhill Ranch Specific Plan.
City Manager Brady commented on the item. He noted that the Specific
Plan was modified in October 2005. He noted that the developer would
construct the park. He indicated that the Community Center would be at the
City's expense.
MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE
IMPLEMENTATION AGREEMENT AND AUTHORIZE THE MAYOR TO
EXECUTE THE AGREEMENT, SUBJECT TO ANY MINOR
MODIFICATIONS AS APPROVED BY THE GITY ATTORNEY.
41. Continuation of Lease of Park Property for Boys and Girls Club.
City Attorney Leibold commented on the item. She noted that the item
related to the ground lease of a portion of the community park property that
Castle & Cooke would be dedicating to the City. She noted that once the
City owned that property, the proposal was to ground lease a portion of the
park to a non-profit entity. She noted that the entity was Castle & Cooke
Community Housing, Inc. She noted that the entity had agreed to the
construction of a 5,520 square feet Boys and Girls Club. She noted that at
the completion of construction, the Boys and Girls Club would be offered
for donation to the City and the ground lease would be terminated.
Dan Uhlry, 137 E. Graham, commented that 'he was in favor of the item.
Councilmember Buckley noted that Castle & Cooke would be paying a lease
while the building was being constructed.
Bob Parmele, Castle & Cooke, commented that they wanted to ensure that
they were doing was not inappropriate.
Agenda Item No,_
Page 39 of 42
Page 40 - City Council Meeting Minutes - June 13,2006
Councilmember Kelley commented that she was looking forward to the
ribbon cutting to be held in September.
Councilmember Buckley suggested creating a dedicated savings account for
the first 3 months rent payments.
MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A
UNANIMOUS VOTE TO CREATE A DEDICATED SAVINGS ACCOUNT
FOR THE FIRST 3 MONTHS RENT PAYMENTS, APPROVE THE LEASE
AND AUTHORIZE THE MAYOR TO EXECUTE THE LEASE, SUBJECT
TO ANY MINOR MODIFICATION AS APPROVED BY THE CITY
ATTORNEY.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:17
P.M.
THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT
9:24 P.M.
PUBLIC COMMENTS
Brian Oakes, 29019 Avocado Way, commented on Tract No. 31957. He requested
assistance from Council. He commented on problems with motorcycle riders in
that area. He indicated that he was not in favor of the development.
CITY MANAGER COMMENTS
1) Announced the following upcoming events:
June 14th - Temescal Canyon High School Graduation at 3 p.m. &
Elsinore High School Graduation at 7 p.m.
June 17th - Canyon Lake Wakeboard Club Competition
June 24th - Lake Elsinore Rod & Kulture Show
June 25th - Oren Air Farmer's Market
June 22nd_25t - World Sports Marketing Wake Games
Agenda Item No,_
Page 40 of42
Page 41- City Council Meeting Minutes - June 13,2006
CITY ATTORNEY COMMENTS
No comments.
COMMITTEE REPORTS
None.
CITY TREASURER COMMENTS
City Treasurer Weber commented on the following:
1) Commented on an article from the newspaper. He noted that a poker star
was the victim of an alleged scam. He noted that one of the individuals
arrested was once involved in negotiations with Diamond Stadium.
CITY COUNCIL COMMENTS
Councilmember Kelley commented on the following:
1) Congratulated all Graduates.
2) She noted that the design for residential developments were not appreciated
by the Council. She suggested a joint study session with the Planning
Commission to revisit the City's design standards.
Mayor Pro Tem Schiffner commented on the following:
No comments.
Councilmember Hickman commented on the following:
1) Commented on rental and property tax rebates for senior citizens.
Councilmember Buckley commented on the following:
1) Agreed to the joint study session with the Planning Commission to revisit
the City's design standards.
Agenda Item Noo_
Page 41 of42
Page 42 - City Council Meeting Minutes - June 13, 2006
2) Commented on the 3 new Commissioners for the Planning Commission. He
inquired if the subcommittee for the Planning Commission could make a
recommendation on 3 people for an Ad-Hoc LEAPS Committee.
3) Commented on Enrique Garcia's reward fund. Noted that donations may be
made at the World Savings facility on Grape, Street.
Mayor Magee commented on the following:
1) Commented on the Action Sports Festival. He noted that the event was very
successful. He noted that the vendors at the event inquired about the Grand
Prix and the new alignment. He inquired if there was a new alignment.
Community Services Director Sapp indicated that he was extremely close to
having a new alignment. He noted the new route may affect 2 or 3
residences.
The Regular City Council Meeting was adja S.m.
ROBERT E. MAG
CITY OF LAKE
RESPECTFULLY SUBMITTED:
\ . L Lidu1fJ 23du
MICHELLE SOTO, DEPUTY CITY CLERK
ATTEST:
~
:;
Y, CITY CLERK
ELSINORE
CITY OF L
Agenda Item Noo_
Page 42 of 42