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HomeMy WebLinkAbout08-08-2006 City Council MinutesMINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 8, 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: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Brady, City Attorney Leibold, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Building & Safety Manager Chipman, City Engineer Seumalo, Information /Communications Manager Dennis, Recreation/Tourism Manager Fazzio, Assistant Planner Resendiz 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 Donna Franson. Agenda Item No. Page 1 of 29 Page 2 — City Council Meeting Minutes — August 8, 2006 INVOCATION — MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE rLT1 ►`i Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Information /Communications Manager Dennis, Public Works Manager Payne, Chief of Police Fetherolf, Fire Chief Gallegos and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION — Initiation of litigation pursuant to subdivision (c) of Section 54956.9. (1 potential case) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: A.P.N. s 3 89-100-015, 3 89-100-016, 3 89-100-019, 3 89-100-024 and 389 -100 -025 comprising five vacant parcels located Northwest of Coal Avenue and Meridian Street Negotiating Parties: City of Lake Elsinore and property owners Wanda Myers & Tyra L. Elliotte, Connie B. Nelson, Karren L. Crocker, and Michael P. & Elene F. Mackey Trust Under negotiation: price and terms of payment Agenda Item No. Page 2 of 29 Page 3 — City Council Meeting Minutes — August 8, 2006 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code § 54956.8) Property: A.P.N.s 371 - 050 -001, 371- 050 -002, 371- 050 -006, 371- 050 -007, 371- 060 -006, 371- 060 -007 and 371- 060 -008 comprising seven vacant parcels in the Back Basin area of the East Lake Specific Plan. Negotiating Parties: City of Lake Elsinore as property owner and Wildlands, Inc. Under negotiation: price and terms of payment CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion items as listed above. She noted that items "A ", `B" and "C" were discussed and there was no reportable action. PRESENTATIONXEREMONIALS A. Presentation — Elsinore Valley Arts Network. Mayor Magee called Barbara Cady forward to join him and Councilmember Kelley at the podium. Councilmember Kelley gave some background on the Elsinore Valley Arts Network. Councilmember Kelley read and presented the Proclamation to Ms. Cady. Ms. Cady introduced the members of the Elsinore Valley Arts Network. She noted upcoming events that they would be hosting. PUBLIC COMMENTS — NON- AGENDIZED ITEMS —1 MINUTE Kim Cousins, Chamber of Commerce, commented on an upcoming blood drive sponsored by the Chamber. Donna Franson, Lake Elsinore Citizen's Committee, thanked Mayor Magee and Councilmember Kelley for their assistance with clean up efforts in the inlet channel. She commented on an upcoming RTA meeting to get a commuter bus that would hold more people. Agenda Item No. Page 3 of 29 Page 4 — City Council Meeting Minutes — August 8, 2006 CONSENT CALENDAR ITEMS MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NO. 5 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following minutes were approved: a. City Council Meeting — June 13, 2006. 2. Ratified Warrant List for July 17, 2006. Rejected claim against the City. 4. Approved Task Order No. 2 and authorized the City Manager to execute the document. 6. Adopted Resolution No. 2006 -137 for Weed Abatement Cost Recovery and directed staff to cause the assessments against the properties listed in the itemized reports, in custody of the City Clerk's Office, to be placed on the property tax rolls. ITEMS PULLED FROM THE CONSENT CALENDAR Monthly Car Cruises — Request for street closure and City assistance. City Manager Brady commented on the item. He noted that there was a request for funding to help assist with the event and to have a road closure at Main Street. Recreation/Tourism Manager Fazzio noted that the Chamber of Commerce and the Downtown Merchants submitted a Special Events Application. She noted that they were asking to reinstate the monthly car cruises on Main Street. She noted that previous monthly car cruises were very successful. She commented on the date and time of the event. She further commented on where the road closure would take place. She noted the assistance that was needed from the City. Mayor Magee noted that Elsinore Barber & Beauty, La Unica and Guadalajara were not in support of the event. He suggested that the event be Agenda Item No. Page4 of 29 Page 5 — City Council Meeting Minutes — August 8, 2006 moved toward the City Park. He commented on patrons using the restrooms of local businesses. He noted that he could not support the item. MOVED BY SCHIFFNER TO APPROVE THE ITEM WITH AN ADDED CONDITION THAT THE EVENT BE DISCONTINUED IF IT PROVED TO BE A DISADVANTAGE TO DOWNTOWN MERCHANTS. Councilmember Hickman suggested running the event for 3 months instead of 10 months. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO AMEND THE MOTION TO INCLUDE A CONDITION THAT THE EVENT BE DISCONTINUED IF PROVED TO BE A DISADVANTAGE TO DOWNTOWN MERCHANTS OVER THE NEXT 3 MONTHS. COUNCILMEMBER BUCKLEY MADE THE FOLLOWING SUBSTITUTE MOTION: MOVED BY BUCKLEY, SECONDED BY MAGEE TO CONTINUE THE ITEM UNTIL AUGUST 22ND AND NOTIFY DOWNTOWN BUSINESSES, IN WRITING, THAT THE ITEM WILL BE GOING BEFORE COUNCIL AND THE EVENT WILL MOVE FROM MAIN STREET, FROM GRAHAM AVENUE TO LIBRARY STREET. Councilmember Kelley requested to hear from the Chamber of Commerce President and the Downtown Business Merchants President. Kim Cousins, Chamber of Commerce President, commented on a discussion he had with Mr. Fred Dominguez. Mr. Cousins stressed his concern that there was not an attraction to the alternate location. Councilmember Kelley inquired if there was any evidence that the event had been lucrative to the downtown merchants. Mr. Cousins commented that a few of the local businesses were able to receive new business from patrons. Councilmember Kelley noted that closing Main Street had always been a concern of Council. Agenda Item No._ Page 5 of 29 Page 6 — City Council Meeting Minutes — August 8, 2006 Councilmember Kelley noted that she would support continuing the item in order to allow Mr. Cousins to show the support level of the event among downtown merchants. Ruth Atkins, Downtown Merchants Association, commented that she had spoken to a few of the merchants on Main Street. She noted that the merchants see a great increase in the amount of business that they received when a car show is going on. THE FOREGOING SUBSTITUTE MOTION FAILED WITH BUCKLEY, SCHIFFNER AND KELLEY CASTING THE DISSENTING VOTES. THE FOREGOING AMENDED MOTION CARRIED BY A VOTE OF 3 -1 -1 WITH MAGEE CASTING THE DISSENTING VOTE AND BUCKLEY ABSTAINING. PUBLIC HEARINGS 21. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 11 (Tract 31957). Mayor Magee opened the public hearing at 7:35 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Administrative Services Director Pressey commented on the item. He noted that the item was the 1 lt' annexation into the City's LLMD District No. 1. He noted the total yearly cost of the landscape and the lighting. He noted that Dennis Anderson from Harris & Associates was present and available for questions. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. Agenda Item No. Page 6 of 29 Page 7 — City Council Meeting Minutes — August 8, 2006 Councilmember Hickman inquired about the dollar amount that each dwelling unit was to pay. Administrative Services Director Pressey noted that in the first year it would be $78 for the lighting. He noted that for each year thereafter it would be $330 per dwelling unit. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 -1, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-128 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. 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 purpose of a majority protest, only written protests were to be considered. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. Mayor Magee closed the public hearing at 7:42 p.m. 22. Resolution approving the annexation of territory and the levy of assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 12 (Tessera). Mayor Magee opened the public hearing at 7:44 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. City Attorney Leibold announced that the notice had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was on file in the City Clerk's office. Agenda Item No. Page 7 of 29 Page 8 — City Council Meeting Minutes — August 8, 2006 Administrative Services Director Pressey commented on the item. He noted that the item was the 12`h annexation into the LLMD No. 1. He noted that the development included 90 homes. Mayor Magee requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the annexation. He also inquired if there was anyone that wished to speak at all. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 -1, WITH BUCKLEY ABSENT, TO ADOPT RESOLUTION NO. 2006-129 APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1. Mayor Magee inquired if there were any property owners subject to the proposed assessments who wished to file a written protest. 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 7:46 p.m. Mayor Magee directed City Clerk Ray to tabulate the ballots and announce if a majority protest had been made. City Clerk Ray tabulated the ballots and announced that a majority protest did not exist. 23. Resolution detennining the validity of prior proceedings relating to annexation of property into City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services); Authorizing the levy of special taxes for CFD 2003 -1, Annexation Area No. 20 (Tessera). Mayor Magee opened the public hearing at 7:44 p.m. City Manager Brady commented on the item. He requested that the City Attorney announce the notice of the item. Agenda Item No. Page 8 of 29 Page 9 — City Council Meeting Minutes — August 8, 2006 City Attorney Leibold 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 item was the City's 201h annexation into the Police, Fire and Paramedic CFD. 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 HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-130 DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS. 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. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-131 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. 2006-132 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1188. Agenda Item No. Page 9 of 29 Page 10 — City Council Meeting Minutes — August 8, 2006 ORDINANCE NO. 1188 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 20 (TESSERA) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 24. Approving the formation of CFD 2006 -6 (Tessera); authorizing levy of special taxes. Mayor Magee opened the public hearing at 7:51 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 item before Council was a Facilities CFD which was not to exceed $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 Agenda Item No. Page 10 of 29 Page 11— City Council Meeting Minutes — August 8, 2006 inquired if there was anyone that wished to speak at all. Councilmember Hickman inquired why the bond indebtedness was not to exceed $5 million, but the cost estimates were $6.5 million. Administrative Services Director Pressey noted that anything short of the bond issue would be the developer's responsibility. 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 opened the public hearing at 7:56 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-133 APPROVING THE FORMATION OF THE DISTRICT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-134 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. 2006-135 ORDERING CANVASSING OF THE ELECTION RESULTS. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1189. Agenda Item No. Page I I of 29 Page 12 — City Council Meeting Minutes — August 8, 2006 ORDINANCE NO. 1189 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading — Ordinance No. 1185 — Authorizing the levy of a services special tax and a special tax. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1185. ORDINANCE NO. 1185 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LEVY OF A SERVICES SPECIAL TAX AND A SPECIAL TAX. Agenda Item No. Page 12 of 29 Page 13 — City Council Meeting Minutes — August 8, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading — Ordinance No. 1186 — acting as the legislative body of City of Lake Elsinore Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) authorizing the levy of a special tax within Annexation Area No. 19 (Tract 3 1957) annexed to said district. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1186. ORDINANCE NO. 1186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 19 (TRACT 31957) ANNEXED TO SAID DISTRICT. Agenda Item No._ Page 13 of 29 Page 14 — City Council Meeting Minutes — August 8, 2006 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading — Ordinance No. 1187—repealing Chapter 10.40 of the Lake Elsinore Municipal Code and amending and restating Chapter 10.12 of the Lake Elsinore Municipal Code regarding parking. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1187. ORDINANCE NO. 1187 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 10.40 OF THE LAKE ELSINORE MUNICIPAL CODE AND AMENDING AND RESTATING CHAPTER 10.12 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING PARKING. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Agenda Item No. Page 14 of 29 Page 15 — City Council Meeting Minutes — August 8, 2006 34. Cooperative Agreement with Riverside County Flood Control and Water Conservation District and KB Home Coastal, Inc. City Engineer Seumalo commented on the item. He noted that the agenda item was a 4 -party Cooperative Agreement between Riverside County Flood Control and Water Conservation District, Riverside County, KB Homes and the City of Lake Elsinore. He noted that the agreement was for the design, construction and maintenance of the flood control facility. Mayor Pro Tem Schiffner noted that he was in favor of the item. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO AUTHORIZE THE MAYOR TO EXECUTE THE COOPERATIVE AGREEMENT FOR THE DESIGN, CONSTRUCTION AND MAINTENANCE OF THE PALOMAR AND CORYDON CHANNELS WITH RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND KB HOME COASTAL, INC. Councilmember Buckley inquired if the item before Council was a standard agreement. City Attorney Leibold confirmed that it was a standard agreement. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE. 35. Consideration of Residential Design Review No. 2004 -24; for four (4) tri- level duplexes. Community Development Director Preisendanz commented on the item. He noted that the item was a reconsideration of Residential Design Review No. 2004 -24. Michael O'Neal, Planning Commission, noted that the Planning Commission concurred with staff's recommendation to approve the Residential Design Review. Kim Quon, Architect for the project, noted that he was representing the applicant. He commented that he would like Council to approve the project. Agenda Item No. Page 15 of 29 Page 16 — City Council Meeting Minutes — August 8, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-136 APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-04. Councilmember Buckley commented that since no changes were made to the project since the last time it came before Council, he would not be voting in favor of the item. Councilmember Hickman inquired if street improvements were a part of the Conditions of Approval for the project. City Engineer Seumalo indicated that the Conditions of Approval gave the property owner the alternative of doing construction. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 -1 WITH BUCKLEY CASTING THE DISSENTING VOTE. 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. Agenda Item No._ Page 16 of 29 Page 17 — City Council Meeting Minutes — August 8, 2006 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. 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 IO.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 Agenda Item No. Page 17 of 29 Page 18 — City Council Meeting Minutes — August 8, 2006 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. 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. Agenda Item No._ Page 18 of 29 Page 19 — City Council Meeting Minutes — August 8, 2006 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. 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. Agenda Item No. Page 19 of 29 Page 20 — City Council Meeting Minutes — August 8, 2006 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 Agenda Item No._ Page 20 of 29 Page 21— City Council Meeting Minutes — August 8, 2006 building permits. 39.The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 40.The applicant shall pay the Multi Species Habitat Conservation Plan Fee (MSHCP) 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 issuance. 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 California 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 Agenda Item No. Page 21 of 29 Page 22 — City Council Meeting Minutes — August 8, 2006 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. 50.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, Agenda Item No._ Page 22 of 29 Page 23 — City Council Meeting Minutes — August 8, 2006 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 material, 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. 56.0n -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/or a permission to drain letter from the affected landowner. 59.Roof drains shall not be allowed to outlet directly 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 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. 62.Work done under an encroachment permit for off -site improvements shall be Agenda Item No._ Page 23 of 29 Page 24 — City Council Meeting Minutes — August 8, 2006 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. Agenda Item No. Page 24 of 29 Page 25 — City Council Meeting Minutes — August 8, 2006 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) 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 8 1/2" x I1" 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 in 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 Agenda Item No._ Page 25 of 29 Page 26 — City Council Meeting Minutes — August 8, 2006 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 Title 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 shall show existing and future profiles at centerline of street, at top of curb and at centerline of the alley. The profiles and contours will extend to 50' beyond the property limits. 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 Agenda Item No. Page 26 of 29 Page 27 — City Council Meeting Minutes — August 8, 2006 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. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:06 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:08 P.M. PUBLIC COMMENT Jeanie Corral, Lake Elsinore, commented on the Unity in the Community Parade. She noted that the theme for this year's parade was "Celebrating California History ". She requested Council's consideration to continue the event. She thanked Council for their consideration. Machiko Hinata, Lake Elsinore, commented that her house had been raided. She noted that she felt that the raid was not needed since she did nothing wrong. She noted that she had been away in Japan. She commented about her concerns with law enforcement. Agenda Item No. Page 27 of 29 Page 28 — City Council Meeting Minutes — August 8, 2006 Mayor Magee directed Ms. Hinata to speak with City Manager Brady so she could discuss exactly what happened. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: August 12`h — Canyon Lake Wakeboard Club Competition August 121h — "Music with a View" concert, Porterhouse Bob & Down to the bone August 191h — "Music with a View" concert, Brian Jones and the Misfit Cowboys CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Hickman commented on the following: 1) Noted that the Property Tax Rebate and Rental Assistance Programs were still available for anyone over 62 years of age. 2) Thanked Supervisor Buster and his assistant, Dave Stahovich, for the money the City received for the swim program. Agenda Item No._ Page 28 of 29 Page 29 — City Council Meeting Minutes — August 8, 2006 Councilmember Buckley commented on the following: 1) Encouraged everyone to pick up a flier for the "Music with a View" concerts. The Regular City Council Meeting was adjourned--jat 8:1 ROBERT E. M ' GEE, MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: MI HELLE SOTO, DEPUTY CITY CLERK ATTEST: ZR�AtEVR'IC, RAY , CITY CLERK CITY OF LAKE ELSINORE Agenda Item No. Page 29 of 29