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HomeMy WebLinkAbout09-26-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 26,2006 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resource Director Kilroy, Information/Communications Manager Dennis, City Engineer Seumalo, Recreation/Tourism Manager Fazzio, Building & Safety Manager Chipman, Planning Manager Weiner, City Treasurer Weber and City Clerk Ray. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:00 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Axel Zanelli. INVOCATION - MOMENT OF SILENT PRAYER Agenda Item Noo_ Page 1 of_ Page 2 - City Council Meeting Minutes - September 26, 2006 Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: HICKMAN Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Community Services Director Sapp, Community Development Director Preisendanz, Lake & Aquatic Resources Director Kilroy, City Engineer Seumalo, Building & Safety Manager Chipman, Information/Communications Manager Dennis, Planning Manager Weiner, Public Works Manager Payne, Chief of Police Fetherolf, Fire Chief Gallegos, City Treasurer Weber and City Clerk Ray. CLOSED SESSION None. PRESENTATION/CEREMONIALS A. Proclamation - Susan G. Komen - Inland Empire Race for the Cure. Mayor Magee called Jody Nottingham forward to join him at the podium. Mrs. Nottingham was not present when Mayor Magee called her to the podium. Mayor Magee read the Proclamation into the record. A 1. Proclamation - American Cancer Society, Relay for Life. Mayor Magee called Ruben Longoria forward to join him at the podium. Ms. Adams came forward and noted that she would be filling in for Mr. Longoria. Magee read and presented the Proclamation to Ms. Adams. Agenda Item Noo_ Pagel of_ Page 3 - City Council Meeting Minutes - September 26, 2006 Ms. Adams noted that she is the Chairperson for the Relay for Life. She invited the citizens of Lake Elsinore to support the event. She noted that the City of Lake Elsinore has rated among the top 10 cities in the nation for the event. Ms. Adams thanked the City Council for the Proclamation. B. Chamber of Commerce Update. Mayor Magee called President of the Chamber of Commerce, Kim Cousins, to the podium to give the Chamber of Commerce update. Mr. Cousins noted that as of August, they had 3,251 unique visitors. He noted that membership was over 400 members, which has doubled in size over the past 2 years. Mr. Cousins commented on the Chamber of Commerce anniversary luncheon that was held the week prior. Mr. Cousins noted that on September 28th, Southwest Health Care Systems was hosting the next Chamber mixer at Rancho Springs Medical Center in Murrieta. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Viet Tran, Southern California Edison, commented that he would be transferring out of the City. He introduced his replacement Louis Davis. He commented on Mr. Davis' experience. Mr. Davis commented that things will continue to move forward. He noted that he would be scheduling a meeting with staff to find out the City's priorities. Mayor Magee recognized Mr. Tran's efforts for what he had done for the community. Donna Franson, Lake Elsinore Citizens Committee, commented on the Candidate Forum with the City Council Candidates on October 12th at Lakeside High School. She commented that she hoped to see everyone there. Agenda Item No._ Page 3 of_ Page 4 - City Council Meeting Minutes - September 26, 2006 Terry Mount, Lake Elsinore, noted that he lived in the Rosetta Canyon development. He noted that he was interested in obtaining some information on the status of the schools in development, Elsinore Hills Drive and the park status. Mayor Magee directed Mr. Mount to speak with Community Development Director Preisendanz. Garry Grant, Lake Elsinore, noted that he represented the area of Meadow Brook. He noted that development around his area was concerning him. He inquired if there was a method for staff to contact the Meadow Brook residents in order to allow residents to understand what is being done in the area around them. Mayor Magee directed Mr. Grant to speak with Community Development Director Preisendanz. CONSENT CALENDAR ITEMS MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO PULL ITEM NO.8 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR. 1. The following minutes were approved: a. City Council Meeting - August 8, 2006. b. City Council Meeting - August 22, 2006. 2. Ratified Warrant List for September 14, 2006. 3. Received and filed Investment Report for July 2006. 4. Rejected claim against the City. 5. Adopted Resolution No. 2006-153 ordering the vacation of a portion of Joy Street. Directed the City Clerk to record said street vacation with the County Agenda Item Noo_ Page 4 of_ Page 5 - City Council Meeting Minutes - September 26, 2006 Recorder. 6. Authorized the Mayor to execute the Notice of Completion. Directed the City Clerk to file the Notice with the County of Riverside. 7. Approved the lease agreement for Temecula Copiers. Authorized the City Manager to execute the lease agreement with Canon Financial Services, Inc. Approved the service proposal by Temecula Copiers. Authorized the City Manager to execute the Service Agreement with Temecula Copiers. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Resolution by the City Council for the City of Lake Elsinore adopting a fine for violation of Lake Elsinore Municipal Code Section 10.12.130- Oversized Vehicle Parking. Councilmember Buckley noted that it was his understanding that at the 4 0' clock study session, it was discussed to change the fine from $100 per occurrence to $30 for the first violation, $100 for the second and $500 for the third. MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPROVE ITEM NO.8 TO INCLUDE THAT THE FINE CHANGE TO $30 FOR THE FIRST VIOLATION, $100 FOR THE SECOND VIOLATION AND $500 FOR THE THIRD VIOLATION. City Attorney Leibold noted that the proposed fine schedule was within the authority of the City Council. She noted that the L.E.M.C. and applicable State laws establish a maximum fine for infractions at $100 for the first violation, $200 for the second and $500 for the third or subsequent violations within a I-year period. She noted that what Council was proposing was within their discretion to establish the fines by resolution. She inquired if the City had an appropriate mechanism in place to track the number of violations in a l2-month period. Agenda Item Noo_ Page 5 of_ Page 6 - City Council Meeting Minutes - September 26, 2006 Mayor Magee noted that the City had every confidence in the Code Enforcement's Department ability to track the number of violations within a 12-month period. He noted that the idea of the initial $30 fine was not to penalize - but, to encourage compliance. He noted that if someone was a repetitive violator, the Council would work to encourage compliance. He noted that was why there was an escalating fine. He noted that the PSAC concurred with an escalating fine. Mayor Pro Tern Schiffner commented that the item was an "administrative citation". He noted that there was a difference between a "parking fine" and an "administrative citation". He suggested the City Attorney explain the difference. City Attorney Leibold noted that the violations would be processed the same as a parking ticket. She noted that violators were to be cited the same as any parking ticket. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. PUBLIC HEARINGS 21. Mitigated Negative Declaration No. 2006-04, General Plan Amendment No. 2006-05, Pre-Annexation Zone Change No. 2006-05, Zone Change No. 2006-07, Ramsgate Specific Plan No. 89-1 Fifth Revision, Annexation No. 76, Tentative Tract Map No. 33725. Mayor Magee opened the public hearing at 7:22 p.m. Community Development Director Preisendanz commented on the item and noted that the item was titled the "Little Valley Annexation". He noted that the applicant for the project was the ShopoffGroup. He noted the project's location. He noted that the request was to commence with the proceedings to bring in 62.42 acres into the City's boundaries, which is currently in the County of Riverside' s jurisdiction but within the City's Sphere of Influence. He indicated that the Planning Commission was recommending approval. Michael O'Neal, Planning Commission, commented that the Planning Commission unanimously concurred with staff s recommendation. Agenda Item Noo_ Page 6 of_ Page 7 - City Council Meeting Minutes - September 26, 2006 Garry Grant, Lake Elsinore, commented on the density involved with the annexation. He commented on the impact in the surrounding area. He noted that it was the right of the citizens to have pubic comments on the issue, yet the community had no notification of the PC decision. Mayor Magee directed Mr. Grant to forward a letter to Community Development Director Preisendanz outlining the general vicinity of the area that Mr. Grant was most concerned. Mayor Magee requested that Community Development Director Preisendanz address Mr. Grant's concerns that the Environmental Impact Report did not address and cumulative impacts on Highway 74 from traffic generated by the tract. Community Development Director Preisendanz noted that the CEQA document that was prepared was a Mitigated Negative Declaration which addressed traffic issues related to the project. He noted that he had noticed the project adequately per State law with a 300-foot radius package. City Treasurer Weber commented on page 4 of the staff report relating to fiscal impact report. He commented that he did not receive a copy of that report. Mayor Magee closed the public hearing at 7 :30 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-155 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-04. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-156 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-157 APPROVING GENERAL PLAN AMENDMENT NO. 2006-05. Agenda Item No,_ Page? of_ Page 8 - City Council Meeting Minutes - September 26, 2006 MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1195, BY TITLE ONLY, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-05. ORDINANCE NO. 1195 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-05 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, SUBJECT TO THE COMPLETION OF ANNEXATION NO. 76, BRINGING 62.42 ACRES OF LAND INTO THE CITY OF LAKE ELSINORE BOUNDARIES, LOCATED SOUTH OF LITTLE VALLEY ROAD, NORTH AND SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF GRASSY MEADOW DRIVE, CONTIGUOUS TO THE NOTHEASTERLY BOUNDARY OF THE CITY OF LAKE ELSINORE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1196, BY TITLE ONLY, APPROVING ZONE CHANGE NO. 2006-07. ORDINANCE NO. 1196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2006-07 CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE, LOCATED SOUTH OF SCENIC CREST DRIVE, WEST OF GREENWALD AVENUE AND EAST OF Agenda Item No._ Page 8 of_ Page 9 - City Council Meeting Minutes - September 26, 2006 GRASSY MEADOW DRIVE, AND KNOWN AS ASSESSOR'S PARCEL NO. 349-240-006. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1197, BY TITLE ONLY, APPROVING THE RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION WITH SEVEN (7) CONDITIONS OF APPROVAL. ORDINANCE NO. 1197 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING RAMS GATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION, LOCATED APPROXIMATELY ONE MILE EAST OF INTERSTATE 15, SOUTH OF HIGHWAY 74 AND WEST OF GREENWALD AVENUE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION Agenda Item Noo_ Page 9 of_ Page 10 - City Council Meeting Minutes - September 26, 2006 r- NO. 2006-158 TO COMMENCE PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 76 SUBJECT TO SEVEN (7) CONDITIONS OF APPROVAL. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-159 APPROVING TENTATIVE TRACT MAP NO. 33725 SUBJECT TO 117 CONDITIONS OF APPROVAL. GENERAL CONDITIONS - TENTATIVE TRACT MAP NO. 33725 PLANNING DIVISION 1. Tentative Tract Map No. 33725 will expire with the expiration of the applicable Development Agreement for Ramsgate and its accompanying Operating Memorandum(s) of Understanding, unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council. 2. Tentative Tract Map No. 33725 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. 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. 4. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 5. The applicant shall provide to the Community Development Director within 30 days of approval, a final approved version of the project in digitized format. 6. The applicant shall comply with the Mitigation Monitoring and Reporting Agenda Item No._ Page 10 of_ Page 11- City Council Meeting Minutes - September 26, 2006 Program (MMRP) adoptedfor this project, as printed with Mitigated Negative Declaration No. 2006-04 for Ramsgate Specific Plan No. 89-1 Fifth Revision, unless superceded by these Conditions. 7. The applicant shall fund the implementation of the MMRP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 8. This map must comply with the Development Standards and Design Guidelines approved with the Ramsgate Specific Plan No. 89-1 Fifth Revision (SP). Construction of the property is subject to all the Conditions of Approval of the SP unless superceded by these conditions. a. All lots shall comply with the minimum standards contained in the residential Development Regulations contained in the SP, including lot frontage minimums and corner lot requirements. b. Where the SP is silent, Title 16 and 17 of the Lake Elsinore Municipal Code shall apply. 9. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the tentative map approval by the City Council. PRIOR TO FINAL TRACT MAP: 10. The applicant shall comply with the requirements of the Riverside County Fire Department as specified in the Department transmittal dated March 8, 2006, attached. 11. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. - , 12. The applicant's engineer shall coordinate the design of Scenic Crest Drive with development of Tentative Tract Map No. 31370 at the direction of the City Engineer. 13. The applicant shall identify and design a trail access from Scenic Crest Drive Agenda Item No._ Page 11 of_ Page 12 - City Council Meeting Minutes - September 26, 2006 to the Open Space Wildlife Corridor, that includes dimensions, type of materials used, and conceptual interpretive signage to be installed. 14. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 15. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall initiate and complete the formation of a homeowners' association approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC&Rs). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. . The HOA shall maintain or coordinate with an appropriate agency approved by the Community Development Director, for such maintenance. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the HOAfor such service. b. CC&Rs shall prohibit on-street storage of boats, motor homes, trailers, and trucks over one-ton capacity. c. CC&Rs shall prohibit roof-mounted or front-yard microwave satellite antennas. d. The developer shall provide landscaped areas on both sides of any access roadways within the tract, and the landscaped areas shall be maintained by the HOA. 17. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 18. The Final Map shall identify downs lopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Agenda Item No._ Page 12 of_ Page 13 - City Council Meeting Minutes - September 26, 2006 Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 19. Thirty days prior to issuance of a grading permit, the applicant shall submit to the Community Development Department a burrowing owl survey for review and acceptance by the City. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 21. Upon violation by the applicant of the City's Noise Ordinance or the Condition of Approval immediately previous, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and related Condition of Approval. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 22. Prior to the issuance of a building permit, the applicant shall pay the City's Multi-Species Habitat Conservation Plan Local Development Mitigation Fee in effect at that time. 23. The Ramsgate SP project area is not within a Redevelopment Agency designated area. 24. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions ofSB 50, wherein the owner or developer shall pay school fees or enter into a mitigation' agreement prior to the issuance of a certificate of compliance by the District. 25. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the Elsinore Valley Municipal Water District (EVMWD). Agenda Item No._ Page 13 of_ Page 14 - City Council Meeting Minutes - September 26, 2006 26. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 27. The developer shall submit plans to the electric utility company to layout the street lighting system. The cost of street lighting, installation, and energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and installed in accordance with City Standards. 28. The applicant shall meet all requirements of the providing electric utility company. 29. The applicant shall meet all requirements of the providing gas utility company. 30. The applicant shall meet all requirements of the providing telephone utility company. 31. A bond is required guaranteeing the removal of all trailers used during construction. 32. All signage shall be subject to Planning Division review and approval prior to ins tallation. 33. Landscape Plans for the tract shall include vegetative screening of retention basins and both sides of service roads and drainage easements. 34. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts offills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100%for material and labor for one (1) year for erosion Agenda Item No,_ Page 14 of_ Page 15 - City Council Meeting Minutes - September 26, 2006 control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 35. All future structural development associated with this map requires separate Design Review approval. 36. Elevation drawings for Design Review shall include four-sided architectural features for both the first and second story. The applicant may submit to the Community Development Director or his designee, for review and approval, evidence that a particular elevation is hidden from public view and not visible due to elevation changes. In those instances, to be determined by the Community Development Director or his designee on a case-by-case basis, this condition may be waived. 37. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 38. Downslopes adjacent to streets shall be maintained by the HOA. 39. A detailed fencing plan shall be required for review and approval during the Design Review process. a. The applicant shall install walls and fencing along the perimeter of the subdivision in accordance with the approved Design Guidelines for the Ramsgate Specific Plan. b. Where views to open space are important, the applicant shall provide the appropriate view fencing. 40. A detailed phasing plan shall be requiredfor review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. Agenda Item No._ Page 15 of_ Page 16 - City Council Meeting Minutes - September 26,2006 c. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods to the greatest extent possible. For safety purposes construction phasing plans shall also be designed such that new residents can avoid traveling through construction areas. 5 O. Primary and secondary access roads for each phase as identified on the map "Fire Access Table" shall be fully constructed and open to the public prior to the issuance of the Certificates of Occupancy for each phase of the tract. ENGINEERING DIVISION General Requirements: 1. Annexation process shall be completed in order for the City to have regulatory jurisdiction of this project. 2. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existingflow 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. 3. 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. 4. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30ft. in height shall be contoured. 5. This project shall comply with the recommendations of the traffic study prepared by Urban Crossroads dated October 24, 2005. Agenda Item No,_ Page 16 of_ Page 17 - City Council Meeting Minutes - September 26, 2006 6. Provide Tract Phasing Planfor the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 7. An Encroachment Permit shall be obtained prior to any work on City right-of way. 8. 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. Overhead utilities shall be undergrounded. 9. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 10.Applicant shall obtain any necessary County permits and meet all County requirements for any work within County right-ofway. 11. The applicant shall install permanent bench marks per Riverside County Standards and at locations to be determined by City Engineer. 12. Provide fire protection facilities as required in writing by Riverside County Fire. The fuel modification zone shall be maintained by a homeowner's association or other private entity approved by the City. 13.Applicant shall pay all applicable development fees, including but not all inclusive: TUMF, MSHCP, TIF and area drainage fees. 14.10 year storm runoff shall be contained within the curb and the 100 year storm runoffshall be contained within the street right-ofway. When either of these criteria are exceeded, drainage facilities shall be provided. 15.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 16.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 scheduled and approved. 17. Up-slope maintenance along right-ofways shall be maintained by a Agenda Item No._ Page 17 of_ Page 18 - City Council Meeting Minutes - September 26, 2006 - homeowner's association or other private entity approved by the City. 18.All open space and slopes except for public parks and schools andflood control district facilities, outside the public right-of-way shall be owned and maintained by homeowner's association or other private entity approved by the City. 19.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 applicantfor 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. -., 20. Some of the improvements shown on the Map and/or required by these conditions are located in the County of Riverside and/or private property. The developer shall be responsible for obtaining County and/or private permits and approvals needed to complete the required ojJsite improvements. 21. 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. 22.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. 23. Roof drains shall not be allowed to outlet directly through coring in the street curb. Roofs should drain to a landscaped area. 24.Applicant shall comply with all NPDES requirements in effect; including the submittal of an Water Quality Management Plan (WQMP) as required per the Santa Ana Regional Water Quality Control Board. The requirements ofWQMP may affect the overall layout of the project. Therefore, WQMP submittal should be during the initial process of the project. 25.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 18 of_ Page 19 - City Council Meeting Minutes - September 26, 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) 26. 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 orohibit 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. Prior to Approval of final Map, unless other timing is indicated, the subdivider shall complete the following or have plans submitted and approved, agreements executed and securities posted: 27. Construct Little Valley Road per County Standard 104A (60 '/40 '). The horizontal curvature shall be designed at a minimum speed of 35mph. A temporary ac paved turnaround shall be provided at the terminus of Little Valley Road. 28. Construct Scenic Valley Road per County Standard 104A (60 '/40 ') or as shown in the map. 29.Improve the west side of Greenwald Avenue by constructing an additional paved width of 20' per County Standard 102. Adequate transitions shall be provided. Note: Should the existing structural section is found to be substandard for a secondary road, the road improvements shall extend to the centerline of Greenwald A venue. 30. Construct local streets "A" to "N" per County Standard 106A (60/40) or as shown in the map. - , 31. The construction of "A " street also functioning as secondary access road for Tract 25475 shall be approved by the Fire Department. Agenda Item No,_ Page 19 of_ Page 20 - City Council Meeting Minutes - September 26, 2006 32.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. 33. Applicant shall obtain all necessary off-site easements for off-site gradingfrom the adjacent property owners prior to final map approval. 34. Provide street lighting and show lighting improvements as part ofstreet improvement plans as required by the City Engineer. 35. 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. 36. Applicant shall submit signing and striping plans for the required street improvements and a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All signing and striping and traffic control devices shall be installed prior to final inspection of public improvements. This includes Street Name Signs, No Parking and Street Sweeping Signs for streets within the tract. 37.A Calif. Registered Civil Engineer shall prepare street and traffic 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. 38.All Public Works improvements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. The improvements shall include street and drainage improvements, street lighting, and associated traffic improvements related to the project. Prior to Issuance of a Grading Permit 39. 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 Agenda Item No,_ Page 20 of_ Page 21- City Council Meeting Minutes - September 26, 2006 caused by development of the site and/or diversion of drainage. 40. Construction Project access and hauling route shall be submitted and approved by the City Engineer, 41. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 42.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless a registered geologist provides verification that the project is exempt. 43. The applicant shall obtain all necessary off-site easements and/or permits for off-site grading and/or drainage acceptance from the adjacent property owners prior to grading permit issuance. 44.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. 45.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Boardfor the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a sWPPP for post construction, which describes BMP's that will be implemented for the development including maintenance responsibilities. The applicant shall submit the SWPPP to the City for review and approval. Prior to Issuance of Building Permit 46.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. 47. 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 Agenda Item No._ Page 21 of_ Page 22 - City Council Meeting Minutes - September 26, 2006 applying for a building permit. 48.Pay all Capital Improvement TIF and Master Drainage Fees and Plan Check fees (LEMC 16.34). 49.Provide a traffic signal warrant analysis for the intersection of Greenwald and Scenic Crest Drive. If warranted, the developer shall construct a traffic signal at the intersection of Greenwald and Scenic Crest Drive. Prior to Occupancy 50. Pay allfees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC 12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 51.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 112" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of off-site improvements will be scheduled and approved. 52.All public improvements shall be completed in accordance with the approved plans to the satisfaction of the City Engineer. 53. Water and sewer improvements shall be completed in accordance with Water District requirements. 54. The project applicant shall participate in the phased construction of the off-site intersection improvements as listed in their traffic study through payment of TIF and TUMF fees, payment of the project's fair share contribution towards other off-site improvements not included in the active fee programs, or construction of off-site facilities under appropriate fee credit agreements. 55.Ifwarranted, the traffic signal at Greenwald and Scenic Crest Drive shall be operational. 56. TUMF fees shall be paid. The TUMF fees shall be the effective rate at the time when the Certificate of Occupancy is obtained. . DEPARTMENT OF ADMINISTRATIVE SERVICES Agenda Item Noo_ Page 22 of_ Page 23 - City Council Meeting Minutes - September 26, 2006 1. Annex into CFD 2003-1: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shall annex into Community Facilities District 2003-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 2. Annex into LLMD No.1: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable) the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of- way landscaped areas to be maintained by the City, and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 3. Fire Station Impact Fee and Other Impact Fees: Upon completion of the Fire Station Impact Study and other impact fee studies, developer shall pay impact fee. 4. CFD for Park. Parkwav. Open Space and Storm Drain Maintenance: Prior to approval of the Final Map, Parcel Map, Site Development Plan, or Special Use Permit (as applicable), the applicant shallform a Mello-Roos Community Facilities District to fund the on-going operation and maintenance of the new parks, parkways, open space and public storm drains constructed within the development andfederal NPDES requirements to offset the annual negative fiscal impacts of the project. COMMUNITY SERVICES DEPARTMENT 1. The developer shall pay parkfees of$1,600 per unit ($211,200). 2. The developer is required to participate in the "Public Facility" fee program. 3. The developer shall comply with all NPDES storm water requirements. 4. All interior landscape, recreation areas, facilities and/or open space shall be maintained by the HOA. No park credits shall be given. 5. The HOA shall maintain all all park and common landscape areas. Agenda Item Noo_ Page 23 of_ Page 24 - City Council Meeting Minutes - September 26, 2006 - 6. The HOA shall maintain all natural and manufactured slopes. 7. The HOA shall maintain all drainage facilities and structures. 8. The HOA shall maintain all catch basins, collectors, v-ditches or any other related flood control or storm water control device. 9. The HOA to maintain all exterior walls and landscaping. 10. The developer shall participate in the City-wide LLMD. 11. The developer shall annex into LLMD District 1 for all exterior landscaping to be maintained by the City. 12. The developer shall comply with all City ordinances regarding construction debris removal and recycling, per Section 8.32 of the Lake Elsinore Municipal Code. 13. The developer shall provide the City with an inventory of all street signs, street markings, street trees and total square footage of all streets in a digital format acceptable to the City. 14. Secondary access shall be clearly defined as part of the development. 15. The developer shall meet City curb, gutter and sidewalk requirements. 16. The City's Landscape Architect shall review all landscape and/or irrigation plans prior to acceptance by the City. GENERAL CONDITIONS - RAMSGATE SPECIFIC PLAN NO. 89-1 FIFTH REVISION PLANNING DIVISION r 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. Agenda Item Noo_ Page 24 of_ Page 25 - City Council Meeting Minutes - September 26, 2006 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-04. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The SPA shall comply with the terms of the Development Agreement and its Operating Memorandums of Understanding by and between the City of Lake Elsinore and the applicant. 6. The applicant shall sign and return an ''Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 7. The applicant shall submit 15 final revised copies upon approval of Ramsgate Specific Plan No. 89-1 Fifth Revision ifnecessary to complete the processing of this application. GENERAL CONDITIONS - LITTLE VALLEY ANNEXATION NO. 76. GENERAL PLAN AMENDMENT NO. 2006-05. PRE-ANNEXATION ZONE CHANGE NO. 2006-05. PLANNING DIVISION 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. Agenda Item No__ Page 25 of_ Page 26 - City Council Meeting Minutes - September 26, 2006 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adoptedfor this project, as printed with Mitigated Negative Declaration No. 2006-04. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The annexation shall comply with the requirements contained in the Cortese- Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 6. All entitlements contained herein are subject to the completion and approval of the annexation. 7. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. 22. Mitigated Negative Declaration No. 2005-12, General Plan Amendment No. 2006-03, Pre-Zoning No. 2006-04, Annexation No. 77. Mayor Magee opened the public hearing at 7:35 p.m. Community Development Director Preisendanz commented on the item. He commented on the change of land use. He commented on the items for Council approval. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staff s recommendation. Agenda Item Noo_ Page 26 of_ Page 27 - City Council Meeting Minutes - September 26, 2006 MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2006-160 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2005-12 AND MITIGATION MONITORING AND REPORTING PROGRAM. City Attorney Leibold noted that as a point of procedure the Council should inquire if there is anyone wishing to speak on the matter before Council should take an action, then close the pubic hearing. 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. Mayor Magee closed the public hearing at 7:39 p.m. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-161 APPROVING GENERAL PLAN AMENDMENT NO. 2006-03. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1198, BY TITLE ONLY, APPROVING PRE-ZONING NO. 2006-04. ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE-ZONING NO. 2006-04 SUBJECT TO THE COMPLETION OF ANNEXATION NO. 77. Agenda Item Noo_ Page 27 of_ Page 28 - City Council Meeting Minutes - September 26, 2006 UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-162 APPROVAL TO COMMENCE WITH PROCEEDINGS FOR THE PROPERTIES DESCRIBED IN ANNEXATION NO. 77. GENERAL CONDITIONS 1. The City of Lake Elsinore shall defend (with counsel), indemnify, and hold harmless City Official, Officers, Employees, Consultants 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 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. ANNEXATION NO. 77 2. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. 23. Mitigated Negative Declaration No. 2006-03, General Plan Amendment No. 2006-01, Pre-Annexation Zone Change No. 2006-03, Annexation No. 78. Agenda Item Noo_ Page 28 of_ Page 29 - City Council Meeting Minutes - September 26, 2006 .".-- Community Development Director Preisendanz commented on the item. He noted that the item was known as the Christensen Annexation. He noted that the annexation consisted of approximately 21.13 acres of land adjacent to the Canyon Hills Specific Plan. He noted that the applicant was requesting that the property be brought into the City's boundaries. He noted that currently, there was no development being proposed. He noted that the Planning Commission had recommended approval of the item. Michael O'Neal, Planning Commission, noted that the Planning Commission unanimously concurred with staff s recommendation for approval. Gary Grant, Lake Elsinore, noted that the item was located within Menifee and that Menifee had plans to become a city. He noted that taking property from Menifee was not a democracy. He noted that the City was doing the annexation for the sake of money to make up for past losses. He commented that Perris and Murrieta were trying to take land from Menifee. ,..- Jon Christensen, 20770 Stonybrook Circle, Riverside, noted that he was the trustee from his grandparent's trust whose property he was representing. He thanked staff for all their hard work on the item. He thanked the Planning Commission for their unanimous recommendation of approval. He commented on his family's history. He noted that he was requesting the land use development of the Canyon Hills Specific Plan. He noted that the property was not owned by Pardee. He noted that he agreed with staff s recommendation. 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. Mayor Magee closed the public hearing at 7:~7 p.m. ,.-- Mayor Magee commented on Mr. Grant's comments. He noted that the Council was not stealing anything. He noted that the Council was responding to a request by a property owner. He noted that was democracy. He noted that the item was not politically motivated and the City of Lake Elsinore was not hurting the "city-hood" chances of Menifee. He read a letter signed by the president of the Menifee Action Group which indicated that they supported the item and that the annexation did not jeopardize the Agenda Item Noo_ Page 29 of_ Page 30 - City Council Meeting Minutes - September 26, 2006 economic base of the future city. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-163 ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2006-03. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-164 ADOPTING FINDINGS OF CONSISTENCY WITH THE MSHCP. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2006-165 APPROVING GENERAL PLAN AMENDMENT NO. 2006-01. Councilmember Buckley noted that the Canyon Hills Specific Plan was the least dense part currently in the county. He noted that it was a I-acre minimum lot size under the Specific Plan that is part of the area. He noted that the item was not a dense plan. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1199, BY TITLE ONLY, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-03. ORDINANCE NO. 1199 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PRE- ANNEXATION ZONE CHANGE NO. 2006-03, CHANGING THE OFFICIAL ZONING MAP OF THE CITY OF LAKE ELSINORE SUBJECT TO THE COMPLETION OF ANNEXATION NO. 78, BRINGING 21.13 ACRES OF VACANT PROPERTY INTO THE CITY OF LAKE ELSINORE. Agenda Item No,_ Page 30 of_ Page 31- City Council Meeting Minutes - September 26,2006 .- UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2006-166 APPROVING ANNEXATION NO. 78 SUBJECT TO SEVEN (7) CONDITIONS OF APROV AL. GENERAL CONDITIONS PLANNING DIVISION 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. 2. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five (5) business days from the approval of this specific plan amendment by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with Mitigated Negative Declaration No. 2006-03. 4. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, Agenda Item No._ Page 31 of_ Page 32 - City Council Meeting Minutes - September 26, 2006 permits issued, and any other pertinent material, in order to monitor and report compliance to the City until the completion of the project. 5. The annexation shall comply with the requirements contained in the Cortese- Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Sections 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 6. All entitlements contained herein are subject to the completion and approval of the annexation. 7. The applicant shall sign and return an ''Acknowledgment of Conditions" to the Community Development Department within 30 days of approval. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1193 - Adopting Specific Plan No. 2005- Oland Zone Change No. 2005-01 (The Village at Lakeshore Specific Plan). MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1193 ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 2005-01 CHANGING THE ZONING DESIGNATION OF THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF GRAND AVENUE AND RIVERSIDE DRIVE FROM C-P COMMERCIAL PARK DISTRICT TO SPECIFIC PLAN UNDER THE ZONING ORDINANCE. Agenda Item No,_ Page 32 of_ Page 33 - City Council Meeting Minutes - September 26, 2006 - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE 32. Second Reading - Ordinance No. 1194 - Amending and restating the Sections in the L.E.M.C. regarding appeal of Nuisance Abatement and Planning Commission decisions. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ADOPT UPON SECOND READING, BY TITLE ONLY, ORDINANCE NO. 1194. ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING AND RESTATING SECTIONS 8.18.100, 14.04.220, 17.70.014, 17.70.038, 17.74.070, 17.76.070, 17.80.020, 17.82.090, 17.82.100, 17.92.050, 17.98.100 AND 17.99.180 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING APPEAL OF NUISANCE ABATEMENT AND PLANNING COMMISSION DECISIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: 33. Cruise Night Reconsideration. BUCKLEY, KELLEY, SCHIFFNER, MAGEE NONE HICKMAN NONE Agenda Item No,_ Page 33 of_ Page 34 - City Council Meeting Minutes - September 26, 2006 City Manager Brady commented on the item. He noted that on August 8, 2006 the Chamber of Commerce and Downtown Merchants Association had requested that the Cruise Night Event be reinitiated and to allow for a closure on Main Street. He noted that the direction was to come back to Council in 3 months after a re-evaluation of the operation of the Cruise Night. He noted that the Chamber of Commerce and the Downtown Merchants Business Association was also requesting additional closure of Main Street based on the number of participants they have had. He noted that stafP s recommendation was to deny the request and to evaluate the request after a 3-month period. Kim Cousins, Chamber of Commerce, commented that the first 2 Cruise Nights have been very successful. He noted that the Chamber did not initiate the petition; he indicated that the Downtown Merchants Association petitioned the business owners and made a request to City Council. He noted that there would not be any car shows for the months of December and January. He suggested letting the Cruise Night continue through the month of November and adjourn the issue during the months of December and January and have a frank discussion about the benefits of Cruise Night and determine during that 2-month period what the course of action will be for 2007. Helen Gross, 201 W. Graham, noted that she was a former resident of Glendora. She noted that while living in Glendora, their main street was consistently occupied with events. She noted that the events provided family togetherness. She noted that the event was for the people of Lake Elsinore and not just for the Merchants. Richard Carpenter, 169 N. Main Street, commented that 90% of the businesses requested that the Cruise Night be allowed to continue. He noted that people were being turned away because there was no parking. He noted that if there was not a place to park them, then it would be likely that they would not come back. He noted that if people did not come to the car show, there would not be a reason to have it. Pat Shepard, 107 E. Graham, noted that she was new a merchant on Main Street. She noted that the event stopped at her comer. She noted that she had to hire people to advertise her business to the people who attended the car show. She noted she would appreciate if she was considered as part of "downtown". She noted that she would like to see support for the opening Agenda Item No,_ Page 34 of_ Page 35 - City Council Meeting Minutes - September 26, 2006 of Main Street. She noted that she and Mr. Carpenter were the two individuals who obtained signatures for their petition from the merchants. She noted comments received from attendants from the last event. She commented that she was in support of the event. Mayor Pro Tern Schiffner inquired on what Council would be discussing regarding the item. Mayor Magee indicated that the item on the agenda was a reconsideration. He noted that the most logical and fair-minded approach would be to look to extend the event for an additional month with the additional area that Ruth Atkin's letter requests and re-evaluate after the holiday season. He noted that Mr. Cousins' recommendation was a reasonable approach. MOVED BY SCHIFFNER TO APPROVE THE REQUEST BY RUTH ATKINS AND RETRACT COUNCIL'S DECISION FROM THE AUGUST 8, 2006 COUNCIL MEETING. Councilmember Buckley inquired if area of the event needed to be identified. AMENDED MOTION MADE BY SCHIFFNER, SECONDED BY KELLEY TO ALLOW ONE ADDITIONAL MONTH OF USE AND EXTENDING THE PHYISCAL LENGTH OF THE EVENT FROM FRANKLIN STREET TO SULPHUR STREET. Mayor Magee noted that Fred Dominguez, former Councilmember and long- time business owner, provided him with an alternative map that is different from what Council was proposing. He noted that he had shared the map with the entire Council and had been advised that businesses that were in opposition of the event, were in favor of Mr. Dominguez's route. He noted that he would like the alternative route discussed at the reconsideration. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT. 34. Ordinance regarding City Councilmember Compensation. City Manager Brady commented on the item. He noted that under the State law, the compensation of the City Council was based on the population. He Agenda Item No._ Page 35 of_ Page 36 - City Council Meeting Minutes - September 26, 2006 also noted that under the State law, the City Council compensation was allowed to be up to $400 a month. He noted that Council's current compensation was $300 a month. He indicated that the increase would take effect in January 2007. Kim Cousins, Chamber of Commerce, noted that as a representative of the business community and the Council was woefully underpaid. He highly encouraged Council to give themselves a raise and that the City Attorney try and figure out how their salary could be raised higher in the future. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1201. Mayor Magee commented that there has not been a raise in compensation for the City Council since 1985. He noted that he did not know of any other position that had not seen its pay increase over the course of the last 21 years. ORDINANCE NO. 1201 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 2.08 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING INCREASING SALARIES OF CITY COUNCILMEMBERS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: 'HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 35. Ordinance repealing Chapter 2.09 of the Lake Elsinore Municipal Code. City Attorney Leibold commented on the ite~. She noted that at the last Council meeting, Council approved an update Code of Ethics in City Agenda Item No,_ Page 36 of_ Page 37 - City Council Meeting Minutes - September 26, 2006 Council Policy No. 100-2. She noted that the existing L.E.M.C. provisions were inconsistent with the newly adopted policy, but they were also inconsistent with applicable State law. She noted that there were numerous State laws that govern the conduct of Councilmembers and other local public officials. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT UPON FIRST READING, BY TITLE ONLY, ORDINANCE NO. 1202. ORDINANCE NO. 1202 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 2.09 CODE OF ETHICS OF THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: 'BUCKLEY, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: HICKMAN ABSTAIN: COUNCILMEMBERS: NONE 36. Washington, D.C. Lobbying Services contract renewal. City Manager Brady commented on the item. He noted the efforts of the Council and the Ferguson Group. He noted that staff believed that the service provided by the Ferguson Group was outstanding. Councilmember Kelley commented that the money spent on the Ferguson Group was a good investment. She noted that she was proud to be represented by the Ferguson Group. She noted comments made by legislators. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE RENEWAL OF THE LOBBYING SERVICES WITH THE FERGUSON GROUP FOR 2006- Agenda Item No,_ Page3? of_ Page 38 - City Council Meeting Minutes - September 26, 2006 2007 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. 37. Investigation of CAL TRANS' relinquishment of State Route 74 to the City of Lake Elsinore. City Manager Brady commented on the item. He noted that the item was a request asking for direction from the Council with regard to looking at the feasibility of taking over the Caltrans State Route 74 in the section that runs through the City. City Engineer Seumalo noted that the item was a request by staff for direction from the Council to research the process of acquiring State Route 74 from Caltrans. He noted that staff was proposing to investigate the costs and benefits of absorbing the roadway segment into the City and providing a summary report at the October 24, 2006 Council meeting. He noted that the summary that staff will be providing will include information on the acquisition procedure, maintenance costs, cost estimate of future costs, limits of acquisition and related details. Kim Cousins, Chamber of Commerce, commented on the importance of State Route 74. He highly encouraged Council to take ownership away from Caltrans. Mayor Magee noted that he requested that staff place the item on the agenda. He noted his points of concern. He noted that the City Engineer was a former Caltrans' employee and was very familiar with the Caltrans' process. Mayor Pro Tern Schiffner commented that State Route 74 would be a great asset to the City. He noted that the City would have control of the highway. He commented on what he would like to see. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE OF THOSE PRESENT TO DIRECT STAFF TO PERFORM AN ANALYSIS TO DETERMINE THE FEASABILITY OF ACQUIRING AND MAINTAINING STATE ROUTE 74 AS A CITY OWNED AND MAINTAINED HIGHWAY, AND PREPARE A REPORT TO COUNCIL FOR REVIEW AND CONSIDERATION. Agenda Item Noo_ Page 38 of_ Page 39 - City Council Meeting Minutes - September 26, 2006 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:23 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:25 P.M. PUBLIC COMMENT No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: October 7th - Household Hazardous Waste Collection October 7th - Canyon Lake Wake board Competition CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Buckley commented on the following: 1) Commented on the Goods Movement signing for the Inland Empire. Councilmember Buckley inquired if any of the Councilmembers were able to attend. Mayor Pro Tern Schiffner noted that he would try to attend. Agenda Item No._ Page 39 of_ Page 40 - City Council Meeting Minutes - September 26, 2006 Councilmember Buckley inquired if Council could authorize staff to draft a letter that the Mayor could sign stating that City would've signed if a Councilmember could've attended the event. Mayor Magee noted that could be done. Mayor Magee commented on the following: 1) Noted that Mr. Mount had some questions at the beginning of the evening in regard to the Rosetta Canyon Development. Mayor Magee responded to Mr. Mount's questions. He deferred Mr. Mount to speak with Community Services Director Sapp for questions regarding parks within the City. The Regular City Council Meeting was ad:urnep~ ~.MAG ,MAYOR CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: (; \,tuCftilie ~ ".--./ MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: ~RI~Y' CITY CLERK CITY OF LAKE ELSINORE Agenda Item Noo_ Page 40 of_