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HomeMy WebLinkAbout10-24-2006 City Council Minutes MINUTES CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 24, 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: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY 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, City Engineer Seumalo, Building & Safety Manager Chipman 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 Planning Commission Chairman Michael O'Neal. Agenda Item No._ Page 1 of 24 Page 2 - City Council Meeting Minutes - October 24, 2006 INVOCATION -MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, 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, Lieutenant Wilson and City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code g 54956.8): Property: APNs 373-310-007, 373-310-006, 373-300-009, 373-300-015, 373-300-017,373-300-012,371-020-001; southern stub portion of Lucerne Street south of Lakeshore Negotiating parties: City of Lake Elsinore and Watersedge Elsinore Associates, LLC/Watersedge Investment, LLC Under negotiation: price and terms of payment B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code g 54956.8): Property: A portion of Lot 1 of Tract 38314-4 of the Alberhill Community Park consisting of approximately 7,000 square feet underlying the Boys & Girls Club facility presently under construction Negotiating parties: City of Lake Elsinore and Boys & Girls Club of Southwest Riverside County Under negotiation: price and terms of payment Agenda Item No,_ Page 2 of 24 Page 3 - City Council Meeting Minutes - October 24, 2006 C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - (Subdivision (a) of Gov't Code 9 54956.9) Wildomar and Lake Elsinore Residents for Responsible Growth v. City of Lake Elsinore (Riverside Co. Superior Court Case No. RIC 449594) D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) ofGov't Code 9 54956.9: (1 potential case) E. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGA TION - Initiation of litigation pursuant to subdivision ( c) of Gov't Code 9 54956.9: (1 potential case) CLOSED SESSION REPORT City Attorney Leibold announced the Closed Session discussion item as listed above. She noted that items "A", "B", "C", "D" and "E" were discussed and there was no reportable action. PRESENTATION/CEREMONIALS A. Proclamation - National Family Week. Councilmember Kelley called Russell Dix, Robert Wilson and Stanley Crippen forward to join her at the podium. Councilmember Kelley read and presented the Proclamation to Mr. Dix, Mr. Wilson and Mr. Crippen who were representatives of The Church of Jesus Christ of Latter-Day Saints. Mr. Dix thanked the Council for the Proclamation. He presented a piece of literature to the Council which provided information to help guide families. Mr. Crippen gave some background on the piece of literature distributed to the Council. B. Presentation - Lake Elsinore Unified School District. Mayor Magee called Dr. Frank Passarella to the podium. Agenda Item No,_ Page 3 of 24 Page 4 - City Council Meeting Minutes - October 24, 2006 Dr. Passarella gave a presentation of the LEUSD Strategic Plan. He noted that Murrieta and Temecula were also doing a Strategic Plan. He noted that there needed to be better communication with City leaders. He read the LEUSD Mission Statement. He noted that students were the focus of their plan. He commented on the importance of local businesses working with the district. He suggested that Council review the plan and provide comments. Councilmember Kelley noted that it was a pleasure to be a part of the Strategic Plan. She commented that she was pleased that part of the emphasis in the core value statement had to do with the partnership between the LEUSD and building a stronger community. Councilmember Buckley suggested adding to the plan that the School District work with other governmental agencies on facility planning and incorporating the needs of the district and the cities. C. Chamber of Commerce update. Mayor Magee called Nancy Hunzeker to the podium. Ms. Hunzeker noted that the Chamber was having a record breaking year. She noted that the number of unique visitors to their web site reached well over 3,000 per month since April of2006. She noted that the number of unique visitors per month had increased by 300% since August 2005. She commented on upcoming events. She noted that Costco would be hosting one of the events. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Dave Sapp, Community Services Director for City of Lake Elsinore, noted that the Lincoln Street Park construction would start next week. He noted that the construction phase should be completed by the end of February with the maintenance phase ending 3 months after that. He noted that the park would have the City's first ever park sign with the new branding. Reverend Sharon Barnes, The Healing Center Outreach, introduced herself to the community. She noted that her facility helped the community by working with teenage girls by way of encouraging them. She noted that they provided counseling, encouragement and bible study. Agenda Item Noo_ Page 4 of 24 Page 5 - City Council Meeting Minutes - October 24, 2006 Loraine Watts, NAACP, invited everyone to the Cultural Center on October 25th at 7 p.m. for the Multicultural Relations Development Forum. She noted that the forum was intended to be instrumental in providing an environment for thoughtful discussion and respectful sharing of views and opinions about key diversity issues. Jennifer Hogate commented that she still did not have any issues resolved with the lighting at Lake Chevrolet. She noted that she had no privacy. She commented that she would like to meet with Council to resolve the issue. Mayor Magee noted that the next 10 speakers were speaking on Tract Map No. 22626. He noted that the Tract was located in the County of Riverside, adjacent to the City limits. Frank Hoffman, 33370 Westlong Drive, commented that he had spoken to Council in the past regarding the legal and political problems with Tract Map No. 22626. He noted that the Tract impacted City traffic, City property values, City water quality, City public safety and City education. He commented that he hoped Council would take the impact of the Tract into consideration. Ken Niemi, 17032 McBride, commented on the upcoming election. He commented on the connection of Shoreline Drive to Tract Map No. 22626. He noted that the Tract would severely impact Shoreline Drive. He noted that the map had expired in 1992. Bob Lorum, 33185 Shoreline Drive, noted that his house was at the edge of where the proposed development would go. He noted that he opposed the building of the Tract. He commented on the safety issues of the Tract connecting to Shoreline Drive. Don Carter, 15823 Shoreline Drive, commented that there was a lot of traffic on the street already. He suggested having the developer build their own street. Darlene Cavada, 33181 Shoreline Drive, commented on Tract Map No. 22626. She noted that she did not want to ruin her view. She asked that the Council oppose the Tract. She commented on the safety of children in the neighborhood. Jeff Bivens, 15113 Lighthouse Lane, commented that the construction would be in his backyard. He commented on the safety of his son. He commented on his concerns with the traffic from the development. He noted that cars would look for other alternatives to avoid the Ortega and Grand intersection. Agenda Item Noo_ Page 5 of 24 Page 6 - City Council Meeting Minutes - October 24, 2006 Wayne Campbell, 15194 Compass Court, commented that he was opposed to the Tract. He requested that Council assist the homeowners to stop the project. Brenda Dennstedt, commented that she wanted to introduce herself as a candidate for the Western Municipal Water District. She noted that she was a member of the Murrieta County Water District. She noted that she was a resident of Murrieta. She noted some of her accomplishments with the Water District. She encouraged individuals to vote on November 7th. Carole Feeney, 15611 Lake Terrace Drive, commented that she had spoken with the office responsible for the TUMF program and the Parks Capital Improvement Fund. She noted that she felt strongly that the Tract opening up into City streets would be wrong for the families that lived there. She noted that children would no longer be safe with the amount of traffic going through there. Jack Turner, 33157 Shoreline Drive, commented that he highly urged the Council to go against the connection of the road to his neighborhood. He noted that opening Shoreline Drive would be unsafe for the children in the neighborhood. He suggested putting a park at the end of the street. Mayor Magee noted that the item was not on the Council's agenda. He noted that the Tract Map was not within the City's jurisdiction. He noted that the Tract was a County project. He noted that Council could respond to the public comments at the end of the meeting during Council comments. He directed the individuals concerned with the Tract Map to the City's Planning staff to ask questions in regard to the process. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO PULL ITEM NO.5 AND APPROVE THE BALANCE OF THE CONSENT CALENDAR 1. The following minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - September 12, 2006. b. City Council Meeting - September 12, 2006. Agenda Item Noo_ Page 6 of 24 Page 7 - City Council Meeting Minutes - October 24, 2006 c. Joint City Council/Redevelopment Agency Study Session - September 26, 2006. 2. Rejected claim against the City. 3. Approved the disposal of surplus electronic equipment to be scrapped as e- waste. 4. Authorized the City Manager to execute a new Professional Services Contract with Anthony Romero as a Code Enforcement Supervisor. 6. Approved the expenditure plan for 2006-2007 and authorized staff to submit said information to the Riverside County Sheriff s Department Grants Unit. 7. Adopted Resolution No. 2006-177 to annex property from Annexation Area No. 21 into CFD No. 2003-1. Scheduled a public hearing on Annexation Area No. 21 (Riverlake Villas) for November 28, 2006. 8. Approved Deposit and Reimbursement Agreement. Adopted Resolution No. 2006-178 to establish CFD No. 2006-10 and calling a Public Hearing for November 28, 2006. Adopted Resolution No. 2006-179 intent to incur bonded indebtedness with proposed CFD No. 2006-10. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Construction contract award for "City Park" restaurant/restroom building. Gloria Jimenez, EI Unico, congratulated Community Services Director Sapp for his efforts to get the project going. She noted that she was very excited about the changes that were going to occur at the City Park. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY A UNANIMOUS VOTE 1) TO AWARD THE CONTRACT TO 4-CON ENGINEERING, INC FOR $496,032, 2) APPROVE TRANSFER OF $321,000 FROM PARK CIP FUND TO CITY PARK Agenda Item Noo_ Page 7 of 24 Page 8 - City Council Meeting Minutes - October 24, 2006 RESTAURANT/RESTROOM BUILDING PROJECT AND 3) AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT WITH 4-CON ENGINEERING. PUBLIC HEARINGS None. BUSINESS ITEMS 31. Change Order for Professional Engineering Services. City Engineer Seumalo noted that the item was a request for additional money for professional services. He noted that they provided basic engineering services. He noted that a majority of the work would be funded through development fees. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE ADDITIONAL FUNDS IN THE AMOUNT OF $700,000 ($350,000 EACH) FOR THE CONTRACTS WITH HARRIS & ASSOCIATES AND BUREAU VERITAS AND TO AUTHORIZE CITY STAFF TO PROCESS PURCHASE ORDERS IN THE AMOUNT OF $350,000 FOR EACH CONTRACT. 32. Extension of time for Tentative Tract Map No. 32129. Community Development Director Preisendanz commented on the item. He noted that the item was originally approved by Council on October 12,2004. He noted that the applicant had requested a 2-year extension. He noted that it was consistent with the Subdivision Map Act. He noted that staff supported the 2-year extension with the Conditions of Approval that were revised. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-180 APPROVING AN EXTENSION OF TIME FOR TTM NO. 32129 FOR A PERIOD OF TWO YEARS. Agenda Item Noo_ Page 8 of 24 Page 9 - City Council Meeting Minutes - October 24, 2006 GENERAL CONDITIONS PLANNING DIVISION 1. Tentative Tract Map No. 32129 will expire two (2) years from date of the extension approval unless within that period of time a final map has been filed with the County Recorder, or another extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Extensions of time (36 months maximum total per the SMA) may be granted with City Council approval. Amended by the City Council, October 24,2006 2. Tentative Tract Map No. 32129 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 (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 32129, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The applicant shall sign and return an ''Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map extension approval by the City 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. Agenda Item Noo_ Page 9 of 24 Page 10 - City Council Meeting Minutes - October 24, 2006 PRIOR TO FINAL TRACT MAP: 6. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated March 11, 2004 attached. 7. All lots shall comply with minimum standards of the R1 Single Family Residential zone. 8. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 9. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 10.All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 11. The applicant shall comply with the Mitigation Monitoring Program prepared for Mitigated Negative Declaration No. 2004-05. 12. 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 & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. 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 individual property owners for such service. b. 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. 13. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, Agenda Item Noo_ Page 10 of 24 Page 11 - City Council Meeting Minutes - October 24, 2006 irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 14. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. 15. 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. 16. The applicant shall place a weatherproof 3' X 3 ' sign at the entrance to the project site identifying the approved days and hours of construction activity, and a statement that complaints regarding the construction activity can be lodged with the City of Lake Elsinore Code Enforcement Division at (951) 674-3124. 17. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #15, 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 Condition of Approval #14. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. IS.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. 19. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 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. 20. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and Agenda Item No._ Page 11 of 24 Page 12 - City Council Meeting Minutes - October 24, 2006 shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 21.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. 22. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as 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 shall be installed in accordance with City Standards. 23. The applicant shall meet all requirements of the providing electric utility company. 24. The applicant shall meet all requirements of the providing gas utility company. 25. The applicant shall meet all requirements of the providing telephone utility company. 26.A bond is required guaranteeing the removal of all trailers used during construction. 27.All signage shall be subject to Planning Division review and approval prior to installation. 28.Landscape Plans for the tract shall include vegetative screening of all retention basins. 29.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. Agenda Item No._ Page 12 of 24 Page 13 - City Council Meeting Minutes - October 24, 2006 Analysis of impacts of fills 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 control landscaping at the time the site is rough graded. 30.Prior to the approval of any final map, the applicant shall submit a phasing plan if multiple final maps are proposed, which show all phasing lines and the primary and secondary access for each phase. PRIOR TO DESIGN REVIEW: 31.All future structural development associated with this map requires separate Design Review approval. 32.Elevation drawings for Design Review shall include four-sided architectural features. 33.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. 34.A detailed fencing plan shall be required for review and approval during the Design Review process. 35.A detailed phasing plan shall be required for 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. ENGINEERING DIVISION 36.Provide permission to construct and permission to drain onto adjacent property from the affected properties. 37.Process a lot line adjustment to include the boundaries of Lot 27 into this subdivision. Agenda Item Noo_ Page 13 of 24 Page 14 - City Council Meeting Minutes - October 24, 2006 38.Provide documentation that Lot 27 is not a requirement as an open space lot for the adjacent development. 39.Provide drainage information including outlet details for Lots "E" & "F". "C" "D " , , 40.Provide permission to construct the termination point of "B" Street. "B" Street shall be barricaded and signed as the temporary end of the street. 41. Verify that detention and first flush provisions are provided either on-site or accounted for on the adjacent project. 42.Modifications to "J" Street shall require permission from affected property. 43.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 44. 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. 45.Prior to the issuance of building permits, pay all Capital Improvement, TIp, TUMF, Master Drainage Fees and Plan Checkfees (LEMC 16.34) at a rate in effect at the time of building permit issuance. 46.Prior to issuance of building permits, a secondary access road to the project shall be construction to fire department standards. 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. Submit this letter prior to issuance of building permit. 48. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 49.Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed Agenda Item No._ Page 14 of 24 Page 15 - City Council Meeting Minutes - October 24, 2006 to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 50.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 51.Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of6 % 52.Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 53.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. 54. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 55.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 56.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. 57.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 58. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 59. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 60.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic Agenda Item No,_ Page 15 of 24 Page 16 - City Council Meeting Minutes - October 24, 2006 control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 61.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 62.Apply and obtain a grading permit with appropriate security prior to building permit issuance. 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. 63.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 64.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 65.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66.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. 67.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-ol-way, subject to the approval of the City Engineer. Agenda Item No,_ Page 16 of 24 Page 17 - City Council Meeting Minutes - October 24, 2006 68. On-site drainage facilities located outside of road right-oi-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 69.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 70.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 71.Meet all requirements of LEMC 15.68 regarding floodplain management. 72. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 73.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 74.Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 7 5. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 76.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-oi-way. When either of these criteria is exceeded, drainage facilities should be installed. 77. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 78.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. The applicant shall provide a sWPPP for post construction which describes Agenda Item No._ Page 17 of 24 Page 18 - City Council Meeting Minutes - October 24, 2006 BMP's that will be implemented for the development including maintenance responsibilities. 79.If required, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Boardfor 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. 80.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 8].Applicant shall providefirstflush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 83.Arrangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city- wide improvements and facilities relating to fire and police protection and maintenance of roadways. 84.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. Agenda Item Noo_ Page 18 of 24 Page 19 - City Council Meeting Minutes - October 24, 2006 COMMUNITY SERVICES DEPARTMENT 85.The applicant shall pay park mitigation fees of $1,600 per lot, totaling $43,200 for the project. 86. The developer shall comply with the City's Franchise Agreement for waste disposal and recycling. ADMINISTRATIVE SERVICES DEPARTMENT 87.Prior to the issuance of the first building permit, the developer shall annex into Community Facilities District No. 2003-01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 88.Prior to issuance of the first building permit, 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. 33. "No Parking Zone" on Spring Street between Flint Street and Minthom Street. City Engineer Seumalo commented on the item. He noted the location of the no-parking areas. He noted that the item was brought to Council due to several complaints received from the traveling public. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2006-181 PROHIBITING PARKING ON THE EAST SIDE OF SPRING STREET, FROM FLINT TO MINTHORN AND ON THE WEST SIDE OF SPRING STREET, FROM MINTHORN TO APPROXIMATELY 100 FEET SOUTH OF MINTHORN STREET. 34. Tri-Party Agreement and Ground Lease of park property for use as a Boys & Girls Club. Agenda Item No,_ Page 19 of 24 Page 20 - City Council Meeting Minutes - October 24, 2006 Councilmember Kelley noted that since she served as the President of the local board for the Boys & Girls Club, she would be excusing herself from the discussion. Councilmember Kelley left the dias at 7:42 p.m. City Attorney Leibold noted that the item was in relation to 2 agreements for the Boys & Girls Club facility. She noted that the first agreement was a Tri- Party Agreement between the City, Castle & Cooke Community Housing and the Boys & Girls Club which provided for the donation of the Boys & Girls Club building to the Boys & Girls Club and the termination of the existing ground lease between the City and Castle & Cooke Community Housing which was entered into in June. She noted that the second agreement was a Ground Lease between the City and the Boys & Girls Club. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO APPROVE TRI- PARTY AGREEMENT AND GROUND LEASE AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT AND LEASE, SUBJECT TO ANY MINOR MODIFICATIONS AS APPROVED BY THE CITY ATTORNEY. Councilmember Hickman noted that the ribbon cutting ceremony would be held on November 16th. THE FOREGOING MOTION CARRIED BY A UNANIMOUS VOTE WITH COUNCILMEMBER KELLEY ABSENT. Councilmember Kelley returned to the dias at 7:45 p.m. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 7:46 P.M. PUBLIC COMMENT No comments. Agenda Item Noo_ Page 20 of 24 Page 21 - City Council Meeting Minutes - October 24, 2006 CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: October 25th - Multi-Cultural Relationship Development Forum October 27th - Red Ribbon Penny Carnival at the Community Center October 28th - City-wide clean up October 31 st - Safe Candy Night in the Downtown area November 4th - Household Hazardous Waste Collection November 10th - Salute to Veterens Concert at the Cultural Center November 11 th & 12th - Lake Elsinore Grand Prix CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Kelley commented on the following: 1) Commented to the residents of Shoreline Drive. She noted that the Tract was in the County area. She noted that the Tract was a Final Map, which meant that it was already approved and voted on by the County. She inquired when the map was approved. City Manager Brady noted that he understood the Final Map to be approved in April of 2003. City Attorney Leibold commented that normally residents within a 300-foot radius would receive notification of the Tentative Tract Map, but the Final Agenda Item No,_ Page 21 of 24 Page 22 - City Council Meeting Minutes - October 24, 2006 Map did not require a notice. Councilmember Kelley encouraged the residents to speak with the City's Planning Department to get an understanding of the process. She noted that the item did affect the City and the traffic. She noted that Council did not have a vote on the item. 2) Offered her condolences to the City Manager of Temecula on the death of his son. Mayor Pro Tern Schiffner commented on the following: 1) Commented that the residents of Shoreline Drive should have approached the County when the Tentative Map came forward. He noted that it was not the City's jurisdiction. Councilmember Hickman commented on the following: 1) Commented that the City had no jurisdiction with item pertaining to Shoreline Drive. 2) Encouraged everyone to vote on November ih. Councilmember Buckley commented on the following: 1) Commented that he would not be able to attend the NAACP forum on the 25th. 2) Noted that there was a signal being built at Ortega Highway and Grand Avenue. 3) Commented on Shoreline Drive. Noted there was a difference between a cul-de-sac and a stub. He noted stub streets were designed for potential future use. He requested that staff investigate whether or not the whole situation was legal since it had been some time since the Tentative Map had been approved. He suggested that staff get the history of the ownership, the permitting, the history of the prescriptive rights battle, City options in dealing with it and investigate the item going from a Tentative Map to a Final Map after an 18 year gap. He suggested that Council direct staff to bring a report back to Council at the next meeting. Agenda Item No,_ Page 22 of 24 6) Page 23 - City Council Meeting Minutes - October 24, 2006 Mayor Magee commented on the following: 1) Commented, in respect to Shoreline Drive, on the intersection at Grand and Ortega. He noted that Council had been working on that item for more than a year. He noted that the hold up was due to Caltrans. He noted that Council and the Engineering staff were working diligently. He noted that the City was trying to gain control of Highway 74. He noted that he had met with Supervisor Buster regarding the issue. He commented that he relayed the fact that Council did not like the project and additional traffic dumping onto City streets. He noted that he agreed with Councilmember Buckley's comments to ask staff to review the process and have them bring back a report to Council. He suggested sending a letter to Supervisor Buster indicating that as long as they are approving tracts that dump traffic onto City streets, the Transportation and Park Fees need to come to the jurisdiction. He also suggested that the County join the City's Public Safety CFD. 2) Commented on local media. He noted that he was part of a ceremony recognizing Carl and Dwight Johnson. He noted that the Boys Scouts of America awarded them the recognition of "Distinguished Citizens of the Year." He noted that both individuals did so much for the community. He congratulated them on their award. 3) Commented that the Trauma Intervention Programs of Southwest Riverside County would have their annual awards ceremony on Thursday, October 26th at Pechanga to recognize first responders and members of the Law Enforcement community for the heroic acts they perform in the community. 4) Commented on a presentation by LEUSD Superintendent Dr. Frank Passarella on the state of the School District. He noted that LEUSD was making tremendous strides and was ranked no. 6 in test scores in a County with 24 districts. 5) Offered his condolences to the City Manager of Temecula on the death of his son. Offered his condolences to the Mayor of Temecula, Ron Roberts, who lost his brother over the weekend. Agenda Item No,_ Page 23 of 24 Page 24 - City Council Meeting Minutes - October 24, 2006 The Regular City Council Meeting was adjourned at 8:04 p.m. )2~/~ ROBERTE.MAG~R CITY OF LAKE ELSINORE RESPECTFULLY SUBMITTED: (I -j It 7 vti)C~).c ~ MICHELLE SOTO, DEPUTY CITY CLERK ATTEST: FRED~~ITY CLERK CITY OF LAKE ELSINORE Agenda Item Noo_ Page 24 of 24