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Home My WebLink About03-22-2005 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 22, 2005 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5 :20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake Operations Manager Kilroy, Recreation & Tourism Manager Fazzio, Engineering Manager Seumalo, Planning Manager Preisendanz, Information/Communications Manager Dennis, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9 (1 case). (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO Page 1\vo - City Council Minutes - March 22, 2005 - CLOSED SESSION AT 5:21 p.m. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting at 7 :02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chamber of Commerce President Kim Cousins. 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, Administrative Services Director Pressey, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Lt. Koepp, Engineering Manager Seumalo, Information/Communications Manager Dennis, Planning Manager Preisendanz, Recreation/Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. - - Page Three - City Council Minutes - March 22, 2005 PRESENTATIONS/CEREMONIALS A. Presentation - Business of the Quarter - BMW Restaurants. (F:70.1)(X:56.1) Mayor Magee called Sally Meyers forward for presentation. He noted that BMW Management came to town in the late 1980's and built the Sizzler Restaurant. He explained that Mrs. Myers and her husband had put together a program called Student of the Month, and explained the program. He noted that they continue to expand the program with the opening of new high schools. He indicated that he attended the ceremony today and came away with renewed hope for the young people of the community; and a renewed sense of civic pride in Mrs. Myers work and the work of the students. He announced that Mrs. Myers and BMW Management were being recognized as Outstanding Business of the Quarter, but indicated that did not begin to say what she had done. Mrs. Myers indicated that they were delighted to have the Mayor and City Council participate in the program. She noted that the program began in 1996 in Lake Elsinore, and now had been implemented in Perris, Menifee, Murrieta and Temecula. She indicated that about 40 businesses and civic leaders were now part of the program and noted the generosity of other business people. She commented that as a business, one could only be as good as those that work for you. She thanked the Council for this recognition and thanked the other businesses for their contributions. B. Proclamation - Read Across America Day. (F: 122.1) Mayor Magee called forward Tom Thomas, Clerk of the Board, LEUSD, and noted that he was also involved with Cops for Kids and the Student of the Month Program. He read and presented the Read Across America Day Proclamation to Mr. Thomas. Mr. Thomas thanked the Council for this recognition, on behalf of the School Board. He provided a brief history of Dr. Seuss books and explained the involvement of the National Education Association in the Page Four - City Council Minutes - March 22, 2005 - program. He stressed the importance of reading. C. Presentation - Outlet Center Update. (F:70.1) Mayor Magee introduced Lake Elsinore Outlet Center representatives for presentation. Kristen Elfring, Outlet Center General Manager, noted some of the Center's successes for this year, including the installation of the gas line, landscaping on Collier Avenue, 11,400 square feet of new retail and food services., and the opening of the Alberhill Ranch sales office. She indicated that total sales were up $1.1 million, and they had beat their income goal by $10 per square foot. She noted that the local economy had been wonderful for them. She advised that the traffic was up by more than 17,000 vehicles. She indicated that final approvals were received for their renovation project and they had hosted events such as Kids' Safety Day, Ticket to Ride and Shopping Extravaganza. She further indicated that they had their most successful holiday season since the opening of the Center. She advised that their renovation would make for a cooler shopping experience, with shade trees, water features and canopied shade zones. She indicated that they would be bringing the natural gas line into the center, relocating the palm trees, doing hardscape and landscape improvements and developing a south courtyard area near Liz Claiborne. She noted that they would also be doing upgrades such as re-roofing, electrical, lighting and restroom refurbishing. She advised that they hired a Public Relations Agency and were working closely with the City to similarly promote the area. She indicated that they were going after national and name brands, and had plenty of open space to fill. She commented that with the gas line in place, they would be ready to proceed. - CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session regarding two items, one as listed on the agenda and one added by a 4/5ths vote; both items of anticipated litigation under (b) of Government Code Section 54956.9. She indicated that there was no reportable action. - Page Five - City Council Minutes - March 22, 2005 PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE Ruth Atkins, 15237 Lake Trail Circle, reminded the Council of the Historical Society's Street Name Raffle. She indicated that the winner would be announced at Thursday's Chamber of Commerce Mixer at the Diamond Club. She encouraged the purchase of tickets. Mark McDorman, 3740 Ulla Lane, noted that he had been before the Council previously as the representative of Ulla Lane. He stressed their ongoing concern about the future development and indicated that they were still present and interested in how the development was going. He advised that they were working with the developer and hoped to work with the Council. He commented that the cloud of dedication was still over Ulla Lane and they were still asking for action on that matter. He thanked the Council for their assistance. Charlene Cleary indicated that she was present as a representative of the Riverside County Historical Commission, the Lake Elsinore Historical Society and herself. She expressed concern for the deterioration of the military academy, and noted the vandalism that was occurring. She advised that she had spoke with Lt. Koepp at the Sheriff's Department and he had found limited calls in April, 2004, when the alarm went off eight times. She indicated that there was an alarm system on the premises, as well as motion detectors, however the Garrett Corporation had been negligent in paying for alarm system monitoring. She commented that in the past the concerns expressed to Council regarding historic buildings had been ignored, and expressed hopes that the Council recognized that the military academy building needed to be looked after. J.J. Swanson-O'Neal, representing the Historical Society, indicated that she was present regarding the naval academy. She noted that it was recently purchased by a development company, but was currently sitting vacant and being vandalized daily. She noted that three were broken windows and an important part of Lake Elsinore history was being lost every day. She advised that the Garrett Corporation was going to put up a fence around the building to keep this situation from continuing. She requested that resident help to keep her informed of Page Six - City Council Minutes - March 22, 2005 - vandalism activity, to prevent further damage to this exquisite, beautiful, old building. Joel Hyatt, Project Manager for the Garret Group, San Diego, provided a brief update on their plans, and noted that they were in the preliminary stages of concepts for the site. He indicated that they own the academy and about 40 additional acres. He advised that they would be preserving the academy building, and noted that to date they have spent over $200,000 on the project. He indicated that they were studying the history of the building. He shared the concern with vandalism and advised that he had been out there three times, but the vandals are very aggressive. He further noted that the vandals had stolen the security system. He reiterated that they would be putting up a construction fence around the building immediately, but encouraged the Community to help by calling the police when they see illegal activity. He stressed the need to keep the lines of communication open and indicated that he would be providing update on the planning process. He noted that he would be working with Ms. Swanson and the Historical Society. Mayor Magee noted the $200,000 expended on the project and requested that they invest in an alarm system. Mr. Hyatt indicated that they would put up a fence and look at other ways to protect the facility. - Chris Hyland, 15191 Wavecrest, noted her first amendment rights and commented that she would like the City to adopt an ordinance to stop people from parking their boats on the streets. She stressed the danger they created for little children riding bicycles. She noted an incident in the newspaper, where a little boy was hit when he appeared from behind a boat on a scooter. She noted that a boat had been parked in her neighborhood for about a year, and suggested a prohibitive ordinance would be beneficial to the City. She noted that people also tend to park motor homes for weeks at a time. She reiterated her request for adoption of an ordinance, stressing the importance for the welfare of children. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: - Page Seven - City Council Minutes - March 22, 2005 Item Nos. 21, 22, 23, 24, 25 and 34. CONSENT CALENDAR City Attorney Leibold requested continuance of Item No. 14. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 AYES WITH COUNCILMAN BUCKLEY ABSENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED AND CONTINUE ITEM NO. 14 TO THE NEXT MEETING 1. The following Minutes were approved: A. Joint Study Session - February 8, 2005. (F:44.4) B. Joint Study Session - February 22, 2005. C. Joint Study Session - March 8, 2005. D. Regular City Council Meeting - March 8, 2005. The following Minutes were received and ordered filed: E. Public Safety Advisory Commission Meeting - January 12,2005. (F:59.6) 2. Ratified Warrant List for March 15,2005. (F:12.3) 3. Received and ordered filed the Investment Reports for: (F: 12.5) A. January, 2005. B. February, 2005. 4. Approved 10% Salary Upgrade for Technical Positions, including Senior Planner and Senior Civil Engineer to allow for improved recruitment potential. (F: 116.1) 5. Adopted Resolution No. 2005-28 regarding Funding Support for Page Eight - City Council Minutes - March 22, 2005 - Community Development Block Grant Funding, and directed staff to forward copies to the League of California Cities and Senators Boxer and Feinstein. (F:96.1)(X:84.2) RESOLUTION NO. 2005-28 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. 6. Adopted Resolution No. 2005-29, Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as Tract 32670 into the City of Lake Elsinore Landscape and Street Lighting District No. I, as LLMD Annexation No.7 (Belcaro), Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering Scheduling Public Hearing for April 26, 2005. (F:22.2) - RESOLUTION NO. 2005-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 32670 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO.7 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING - Page Nine - City Council Minutes - March 22, 2005 A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 7. Adopted Resolution No. 2005-30 of Intention to Annex Property into Community Facilities District No. 2003-1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 12 (Belcaro). (F:22.3) RESOLUTION NO. 2005-30 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 12 (BELCARO). 8. Approved Reallocation of Funds for the Interim Interchange Projects at Railroad Canyon Road/I -15 and SR - 74/1-15, approved proj ect budget increase to include administration and inspection costs and authorized staff to make the funding transfers. (F:30.1)(X:82.2)(X:82.3) 9. Approved Final Map 32670, A Condominium Subdivision by D.R. Horton Los Angeles Holding Company, Located West of Lakeshore Drive between Elm Street and Lake Park Street, subject to City Engineer's acceptance; and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. (F:160.2) 10. Approved Final Map 32611, A Residential Subdivision by C & C Collier- Development Partners, LLC located at the Intersection of Collier Avenue and 3rd Street, subject to City Engineer's acceptance; and authorized the City Clerk to accept all dedications, sign the map and arrange for recordation. (F:160.2) 11. Approved License Agreement with Castle & Cooke regarding Temporary Page Ten - City Council Minutes - March 22, 2005 - Road Use Connection between Nichols Road and EI Toro Road. (F:68.1) 12. Accepted Notice of Completion for Swick Matich Restroom/Concession Building from DELT Builders, and authorized signatures and recordation; and approved the transfer of$3,640.89 from the Park Fee Fund to the Project. (F:1l4.6) 13. Authorized City Manager to Approve an Agreement with HDR Engineering, to Prepare CEQA Compliance Documents for Tentative Tract Map No. 32786 for the Project Known as the Lakeside Palms, in the amount of $94,154.00. (F:68.1)(X:160.2) 14. Cooperative Agreement with Riverside County Flood Control and Water Conservation District and Cambern and Central Investors Parcel Map 32369 located between Dexter Avenue and CambernAvenue along a portion of the Costco Site. This item was continued to the next regular City Council Meeting on April 12, 2005. (F:68.1) - PUBLIC HEARINGS 21. A Resolution of the City council of the City of Lake Elsinore to Vacate a Portion of 3rd Street East of Collier Avenue for the Construction of a Water and Sewer Pump Station - Resolution No. 2005-31. (F: 10.1) City Attorney Leibold recommended continuing this item to the next regular City Council Meeting. Mayor Magee noted that he had requests to speak on this item, but deferred to the rest of the Council on the issue of continuing this item. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO CONTINUE THIS ITEM TO APRIL 12, 2005. - Page Eleven - City Council Minutes - March 22, 2005 Mayor Magee offered those requesting to speak, the opportunity to speak at this time. All speakers waived their time until the next consideration of the item. 22. General Plan Amendment No. 2004-05~ Zone Change No. 2004-06~ Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3~ Tentative Tract Map No. 31370~ and Final Subsequent Environmental Impact Report. SCH #2004071082 - Resolution Nos. 2005-32 and 33. Ordinance Nos. 1144 thru 1146. (F:160.2) Mayor Magee opened the public hearing at 7:35 p.m. Planning Manager Preisendanz detailed the project and the recommendations from the Planning Commission. He indicated that there were 37 acres to be incorporated into the specific plan and detailed the proposed project. City Clerk Kasad reported correspondence from Greenwald, LLC and Tuscany Hills Landscape & Recreation Corporation regarding this project, had been distributed to the City Council for review. Robert Hansen, 18 Del Fiore, indicated that he was a homeowner and resident for about 6 years. He expressed concern after the Planning Commission presentation that Centex was going to try to opt out of the existing HOA of about 700-800 other homeowners. He stressed that another association might have the ability to do different things. He indicated that the builders had worked very closely with the Association to date, and the homeowners and builders were happy with the developments. He requested that the same situation continue to allow for consistency and continuity within the specific plan. Planning Manager Preisendanz noted that Centex had agreed to annex into the existing Homeowners Associations. Mayor Magee clarified this point, and Planning Manager Preisendanz reiterated that there was an agreement. Page lWelve - City Council Minutes - March 22, 2005 - Ed Sauls, 742 Summit Drive, Laguna Beach, spoke on behalf of Greenwald, LLC, in support of the project. He noted an area of generosity on the part of Centex, but suggested that there was the potential for misunderstanding. He pointed out issues with the Multi-Species Plan, and noted that there was an interest in a connection between Ramsgate and some of the existing properties. He indicated that the Greenwald property could be developed and was not needed as part of the conservation. He explained that Centex, outside the MSHCP, had agreed to dedicate property as open space; and indicated that while it was generous, it was not required. David Lewis, 29 Corte Madera, indicated that he didn't see a problem with bringing Centex into the community. He noted that there had been no problems with this type of action to date. James Hunt, 1 Corte Straza, President, Tuscany Hills Landscape & Recreation Corporation, noted the letter sent by the Board, and indicated that the only concern was bringing Centex into the HOA. He inquired if there was a need to change Resolution No. 2005-33, Condition No. 15, which reads that the project "shall annex into the HOA or shall initiate formation of a HOA". He suggested that it should be changed to just annexation. - Vida Boice, 17 Ponte Negra, noted that they were very concerned at the Planning Commission meeting, with the possibility that this project would not be included in the HOA. She expressed understanding that they were now in agreement with joining the HOA, but indicated if it was not that way, she would not be very happy living there. She stressed that it was a master planned area, and she bought it with the understanding that it would continue to be planned and part of the HOA. She commented that based on this understanding, she would be happy to welcome them into Tuscany Hills, but stressed her desire to maintain the fine reputation of Tuscany Hills in the area. Councilman Hickman noted that he was also a resident of Tuscany Hills, - Page Thirteen - City Council Minutes - March 22, 2005 and indicated that this project will put in a baseball park, and a traffic light at Via Strada and Summerhill, as well as a Recreation Center. He reiterated that they would be joining the HOA, and noted that Summerhill would be completed in two phases. He indicated that his concern was with the signage and monuments being in compliance and consistent with the rest of Tuscany Hills. Chris Holmquist, representing Centex, indicated that he believed that would be possible. Councilman Hickman questioned the name of the development. Mr. Holmquist indicated that had not been determined, but would be up to the company's marketing people. He expressed appreciation to the Council for their support and to the HOA for their support. He also thanked the City staff and planners at HDR. Councilman Hickman thanked Mr. Holmquist for his work with the HOA. Mayor Magee addressed Condition No. 15, as referenced by Mr. Hunt, and inquired if staff had a comfort level with it as it existed or if it should be edited. City Manager Brady concurred that it could be edited, but noted that the applicant had already agreed to annex to the existing HOA. Mayor Magee also indicated that Condition No. 85 should read subject to approval of "City Council", not "Community Services Director". He commended Centex for rescuing another map with lots below 4,000 square feet and making them an average of 8,000 square feet, with nothing under 5,000 square feet. He noted that they did the same thing in this area, that they did with Ramsgate, to increase the lot sizes and overall value. MOVED BY HICKMAN, SECONDED BY MAGEE TO APPROVE THIS PROJECT AS PRESENTED WITH AMENDMENTS TO CONDITIONS 15 AND 85. City Attorney Leibold requested that the City Council approve each portion of this item by separate vote, as detailed in the staff report. THE FOREGOING MOTION WAS WITHDRAWN. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY Page Fourteen - City Council Minutes - March 22, 2005 - A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-32, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT, SCH #2004071082, ADOPTING THE MITIGATION MONITORING PROGRAM THERETO, THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATION, PREPARED FOR THIS PROJECT. RESOLUTION NO. 2005-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT #SCH2004071082, ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM THERETO, AND ADOPTING THE FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, FOR GENERAL PLAN AMENDMENT NO. 2004-05, ZONE CHANGE NO. 2004-06, AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, AND TENTATIVE TRACT MAP NO. 31370. - MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-41, APPROVING GENERAL PLAN AMENDMENT NO. 2004-05: RESOLUTION NO. 2005-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2005 APPROVING GENERAL PLAN AMENDMENT NO. 2004-05, AMENDING THE GENERAL PLAN LAND USE MAP DESIGNATION ON APPROXIMATELY 37.12+ - Page Fifteen - City Council Minutes - March 22, 2005 ACRES LOCATED WEST OF GREENW ALD AVENUE, APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-390-001 THRU -004, -015 AND -016, FROM "LOW MEDIUM DENSITY RESIDENTIAL, 6 DWELLING UNITS PER ACRE" TO "TUSCANY HILLS SPECIFIC PLAN." MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO APPROVE ZONE CHANGE NO. 2004-06 AND ADOPT ORDINANCE NO. 1145, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-06, CHANGING THE ZONING FROM "R1-SINGLE FAMILY RESIDENTIAL" TO "TUSCANY HILLS SPECIFIC PLAN," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 37.12 + ACRES LOCATED WEST OF GREENWALD AVENUE APPROXIMATELY 3.12 MILES SOUTH OF STATE HIGHWAY 74, EAST OF MARELLI ROAD AND NORTH OF PONTE RUSSO, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-390-001 THRU -004, -015 AND -016. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY Page Sixteen - City Council Minutes - March 22, 2005 - ABSTAIN: COUNCILMEMBERS: NONE MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO APPROVE AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89- 3 AND ADOPT ORDINANCE NO. 1146, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1146 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO.1 TO THE TUSCANY HILLS SPECIFIC PLAN NO. 89-3, LOCATED SOUTH OF GREENWALD AVENUE, NORTH OF THE EXISTING TUSCANY HILLS COMMUNITY, WEST OF THE CANYON LAKE COMMUNITY AND EAST OF UNDEVELOPED LAND WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019, -021, -024 THRU -029, -034; 349- 290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016. - UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE CONDITIONS OF APPROVAL PLANNING DIVISION - Page Seventeen - City Council Minutes - March 22, 2005 1. 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 Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3, 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. 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 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. 3. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with the certified Final Subsequent Environmental Impact Report (State Clearinghouse #2004071082). 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. Construction on the project is subject to the terms and conditions of the Development Agreement by and between the City of Lake Elsinore and Centex Homes and recorded by the Riverside County Recorder on December 8, 2003. 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 Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3. 8. The applicant shall install stamped concrete adjacent to the raised landscaped medians on Page Eighteen - City Council Minutes - March 22, 2005 - Summerhill Drive and "B" Street. The location and width shall be reviewed and approved by the Community Development Department and the City Traffic Engineer. 9. Construction vehicles shall use Greenwald Avenue to "B" Street to access the site, in order to avoid traveling through existing residential neighborhoods. 10. The developer shall provide an educational interpretive sign program along the open space areas for the benefit of families interested in the Multi-Species Habitat Conservation Program. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE TO 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE TENTATIVE TRACT MAP NO. 31370, BASED ON THE FINDINGS AND CONDITIONS, WITH CONDITIONS 15 AND 85 MODIFIED AS DISCUSSED AND ADOPTED RESOLUTION NO. 2005-33. RESOLUTION NO. 2005-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 31370, A SUBDIVISION OF 807 SINGLE FAMILY RESIDENTIAL LOTS, COMMUNITY AND NEIGHBORHOOD PARKS, A RECREATIONAL FACILITY, AND APPROXIMATELY 130 ACRES OF OPEN SPACE, ON APPROXIMATELY 368.4+ ACRES LOCATED WEST OF THE CANYON LAKE COMMUNITY, NORTH OF THE EXISTING TUSCANY HILLS COMMUNITY, SOUTH OF GREENWALD AVENUE, AND EAST OF UNDEVELOPED LAND WITHIN THE RAMS GATE SPECIFIC PLAN, AND KNOWN AS ASSESSOR'S PARCEL NOS. 349-280-017, -019, -021, -024 THRU -029, -034; 347-290-004, -017 THRU -021; 349-390-001 THRU -004, -015 AND -016. Mayor Magee closed the public hearing at 7:53 p.m. FINDINGS - Page Nineteen - City Council Minutes - March 22, 2005 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the proposed subdivision and density of 2.19 dwelling units per acre are consistent with the Tuscany Hills Specific Plan, and therefore with the General Plan. The proposed subdivision reduces the number of dwelling units originally proposed for this area from 906 dwelling units to 807. Thusly, the density is reduced from 2.61 dwelling units per acre which was originally approved. b. The project proposes single family residential lots ranging in size from 5,000 square feet to 24,100 square feet, with an average lot size of 8,131 square feet. The minimum lot size originally approved in the Specific Plan call for 4,000 square feet in the south portion, and 5,000 square feet in the north portion. The proposed map meets this minimum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the originally approved Specific Plan. b. The map provides open space areas that protect the natural topography and views. 3. The effects that this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to 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. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public Page Twenty - City Council Minutes - March 22, 2005 - 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. 4. The proposed division requires the adoption of a Statement of Overriding Considerations pursuant to California Environmental Quality Act compliance. The Planning Commission recommends the adoption of the Statement prepared for this project. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 31370 is conditioned to comply with all development standards of Amendment No. 1 to the Tuscany Hills Specific Plan. These standards have been reviewed and recommended for approval to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. - a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 31370. b. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. CONDITIONS OF APPROVAL PLANNING DIVISION 1. Tentative Tract Map No. 31370 will expire two (2) years from date of approval 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 in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. Should the developer choose to phase the final map, he shall comply with this Condition, shall design the phasing consistent with Amendment No.1 to the Tuscany Hills Specific Plan, and shall comply with the requirements of the SMA. - Page Twenty-One - City Council Minutes - March 22, 2005 2. Tentative Tract Map No. 31370 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. 31370, 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 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 comply with the Mitigation Monitoring and Reporting Program (MMRP) adopted for this project, as printed with the certified Final Subsequent Environmental Impact Report (State Clearinghouse #2004071082). 6. 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. 7. This map must comply with the Development Standards and Conditions of Approval for Amendment No.1 to the Tuscany Hills Specific Plan No. 89-3. 8. Construction on the project is subject to the terms and conditions of the Development Agreement by and between the City of Lake Elsinore and Centex Homes and recorded by the Riverside County Recorder on December 8, 2003. Page Twenty-Two - City Council Minutes - March 22, 2005 - 9. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: 10. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated April 6, 2004 attached. 1. All lots shall comply with minimum development standards approved with Amendment No. 1 to Specific Plan No. 89-3 Tuscany Hills. Wherever the Specific Plan is silent, the standards of the Rl Single Family Residential zone shall apply. 2. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 3. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 4. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. - 5. The applicant shall annex into the existing homeowners' association for Tuscany Hills,.ef shall initiate and complete the f-ormation of a homeo'lmers' association appro'/ed by the City, recorded and in plaee. All.^..ssociation documents shall be reyie\';ed and approved by the City and recorded, sHeh as the ;\rtic1es of Incorporation and Coyenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. The HOA shall maintain or shall coordinate with the appropriate agency approved by the Community Development Director or his designee, for such maintenance. Revised by City Council, March 22, 2005 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 HOA for such service. 6. 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. - Page Twenty-Three - City Council Minutes - March 22, 2005 7. The Final Map shall identify downslopes adjacent to streets as open space lots maintained by the HOA or as HOA Maintenance Easements. These HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. Where such slopes are within MSHCP Conservation areas, the applicant shall confer with the Community Development Director or his designee regarding appropriate methods to re-establish natural vegetation, consistent with the MSHCP Guidelines. PRIOR TO GRADING AND BUILDING PERMITS: 8. 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. 9. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #17, 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 #17. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 10. 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. 11. 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). 12. The applicant shall comply with the requirements set forth by the EVMWD in their transmittal dated March 19, 2004 attached. 13. 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. Page Twenty-Four - City Council Minutes - March 22,2005 - 14. 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. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 18. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. Landscape Plans for the tract shall include vegetative screening of all retention basins. 21. 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 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. - PRIOR TO DESIGN REVIEW: 22. All future structural development associated with this map requires separate Design Review approval. 23. 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. 24. 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 - Page Twenty-Five - City Council Minutes - March 22, 2005 Occupancy. 25. A detailed fencing plan shall be required for review and approval during the Design Review process. 26. 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. 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. d. Greenwald Avenue shall remain open during construction. A Traffic Control Plan shall be submitted for review and approval by the city Engineer prior to work being done on Greenwald Avenue. ENGINEERING DIVISION 1. Dedicate and improve all local streets such that the right-of-way width and street improvements are consistent with the Specific Plan. 2. Construct median islands on "B" Street and Summerhill Drive. Median design shall be coordinated with the City Traffic Engineer. 3. Construct extension of Summerhill Drive from the existing terminus to "A" Street. Construct "A" Street from Summerhill Drive to "B" Street and construct "B" Street from "A" Street to Greenwald Avenue, all as part of the initial backbone roadway system. Two lanes shall be constructed and functioning for Phases I and II. 4. All slopes shall be graded no steeper than 2:1. 5. Cross lot drainage shall not be allowed. Page Twenty-Six - City Council Minutes - March 22, 2005 - 6. All slope drains within lettered or open space lots shall be conveyed to the public right-of- way. 7. All street grades shall not exceed nine percent (9%) unless otherwise approved by the City Engineer. 45. Pay all development fees, including area drainage, TlF and TUMF, unless otherwise described in the Development Agreement pertinent to this project. 46. Provide clean water mitigation for construction activities as well as post construction operations. 47. All right-of-way improvements adjacent to the model homes shall be completed prior to the opening of the model homes to the public. 48. Prior to the issuance of a grading permit provide permission to grade and permission to construct improvements from the adjacent property owner as applicable, unless previously submitted. - 49. Applicant shall provide for detention of storm water run off greater than the existing unimproved condition. Outlet of detention facility shall be consistent with volume, direction and character of the historic flow. 50. 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. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 53. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 54. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to building permit approval. All traffic 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. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by the - Page l\venty-Seven - City Council Minutes - March 22, 2005 serving utility. 56. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California 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. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. 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 study is already on file. 59. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 60. 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. 61. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 62. 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 final map approval. 63. 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). 64. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to City of Lake Elsinore Standards, and City Codes (LEMC 12.04 and 16.34). 65. 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. 66. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall Page Twenty-Eight - City Council Minutes - March 22, 2005 - meet at a maximum grade of 6 %. The "leg" approach at any "T" intersection shall not exceed 6% for a minimum of 50 feet from projected edge of curb. 67. 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). 68. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 WI x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 69. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 70. 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. 71. On-site drainage facilities located outside of road right-of-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". - 72. 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. 73. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 74. Meet all requirements ofLEMC 15.68 regarding floodplain management. 75. Unless reports are already on file, submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 76. 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. 77. Roof and yard drains shall not be allowed to outlet directly through cuts in the street curb. Roof drains shall drain through a minimum 20-feet of landscaped area. 78. Ten (10) year storm runoff should be contained within the curb and the 100 year storm - -- Page Twenty-Nine - City Council Minutes - March 22, 2005 runoff should be contained within the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 79. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 80. Unless previously submitted, the 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 BMP's that will be implemented for the development including maintenance responsibilities. 81. Unless previously submitted, the applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 82. 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. 83. Unless previously completed, the applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 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. COMMUNITY SERVICES DEPARTMENT 85. The developer shall dedicate to the City the turn-key, five (5) acre park on or before the issuance of the 300th building permit. This requirement shall not be amended without the review and approval of the Community Services Director City Council. Page Thirty - City Council Minutes - March 22, 2005 - 86. The City's Landscape Architect shall design the park. Developer shall pay for fees associated with the park design costs. 87. No park credits are given for drainage facilities or retention areas. 88. No retention or drainage facilities shall be placed on or made part of the park land. 89. The applicant shall provide complete inventories (in digital format as required by the City) of all streets, signage, street trees, street lights, storm drain lines and catch basins as well as all pavement markings. 90. The developer shall comply with all City ordinances regarding construction debris and removal. 91. The HOA is to maintain all parkways, manufactured slopes, medians, drainage/retention areas and any and all slopes associated with the park. ADMINISTRATIVE SERVICES DEPARTMENT - 92. Prior to the issuance of the first building permit, the applicant 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. 93. 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. 23. Industrial Proiect No. 2004-05 - Faruk Warehouse Building. (F:86.2) Mayor Magee opened the public hearing at 7:54 p.m. Planning Manager Preisendanz detailed the project for a 20,000 square foot warehouse building at the comer of Collier and Chaney. Kim Quon, Studio 5 Architectural Planning, representing the applicant, indicated that he was present to advise that they had seen the changes made - Page Thirty-One - City Council Minutes - March 22, 2005 per the Planning Commission meeting; and was present to answer questions. He thanked City staff, especially Kirt Coury and Ken Seumalo for their assistance and indicated that the applicant was excited to bring this project and see the City grow. Mayor Magee closed the public hearing at 7:57 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE INDUSTRIAL DESIGN REVIEW NO. I 2004-05, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Industrial Design Review located at APN: 377-151-063 complies with the goals and objectives of the General Plan, in that the approval of this commercial manufacturing complex will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN: 377-151-063 is appropriate to the site and surrounding developments in that the proposed commercial manufacturing complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Page Thirty-1\vo - City Council Minutes - March 22, 2005 - Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN: 377-151-063, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In-Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at 377-151-063 has been scheduledfor consideration and approval by the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at Assessor Parcel Number 377-151-063, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. - INDUSTRIAL DESIGN REVIEW NO. 2004-05 I. Design review approval for Industrial Project No. 2004-05 will lapse and be void unless building permits are issued within one (I) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (I) month prior to expiration. 2. All Conditions of approval shall be reproduced on page one of building plans prior to their - Page Thirty-Three - City Council Minutes - March 22, 2005 acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Structures shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 5. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 8. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type 'A' loading zones (12' x 20') and Type 'B' loading zones (12' x 40'). 9. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. a. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. b. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. Page Thirty-Four - City Council Minutes - March 22, 2005 - c. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. d. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. e. All building signage shall comply with the Sign Program submitted to the Planning Division. f. All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. g. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. h. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 1. Applicant shall meet ADA (Americans with Disabilities Act) requirements. - J. No exterior roofladders shall be permitted. k. All service and loading doors shall be painted to match the building. 1. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS m. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. n. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. - - Page Thirty-Five - City Council Minutes - March 22, 2005 a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree .- pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. -?"- j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. Page Thirty-Six - City Council Minutes - March 22, 2005 - 25. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 26. The Multiple Species Habitat Conservation Fee (MSHCP) will be due upon issuance of each building permit. 27. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 28. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 29. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 30. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. - ENGINEERING 31. Building pads will be required to be I-foot above the 100-year flood plain elevation. 32. Dedicate full half width street right-of-way conforming to the General Plan Circulation Element . Dedication on Collier Avenue shall be such that the full half width measured from the centerline to property line is 50-feet. Dedication along Chaney Street shall be such that the full half width measured from the centerline to property line is 50-feet. 33. Construct full half width street improvements on Collier Avenue and Chaney Street. Half width roadway improvements shall be 40- feet from centerline to curb face for both Collier Avenue and Chaney Street. Construction of sidewalk and landscaping shall also be constructed for the project frontage. Street improvements shall be completed, or cash in lieu shall be submitted (amended at Planning Commission Meeting dated March 1, 2005), prior to certificate of occupancy. 34. Direct access onto Collier Avenue shall not be allowed. 35. Provide a reciprocal access agreement with the existing adjacent property to provide additional circulation and access. The agreement shall be recorded prior to the issuance of building permit. - Page Thirty-Seven - City Council Minutes - March 22, 2005 36. Provide a drive isle stub to the undeveloped property adjacent to the southwest. The drive isle shall be constructed to stub to the property line of the adjacent parcel. A reciprocal access agreement shall be provided to the adjacent property to be processed at the time of their development. 37. The driveway located on Chaney Street shall be a minimum of 40-feet deep clear of drive isles and parking stalls. 38. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map appro';al certificate of occupancy (amended at Planning Commission Meeting dated March 1, 2005). 39. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 40. All street improvements shall be installed and functioning, or cash in lieu shall be submitted (amended at Planning Commission Meeting dated March 1, 2005), prior to certificate of occupancy. 41. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), traffic uniform mitigation fee (TUMF), encroachment permit fees and inspection fees associated with the project and its development. 42. 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. 43. 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). 11. Street improvement plans and specifications shall be prepared by a California Registered Civil EngiFleer. ImprovemeFlts shall be desigFled afld eOFlstrueted to Ri','erside County Road DepartmeFlt Standards, latest edition, and City Codes (LEMC 12.01 and 16.34). (amended at Planning Commission Meeting dated March 1,2005). Page Thirty-Eight - City Council Minutes - March 22, 2005 - 45. 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. 46. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 47. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 48. Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 49. Arrangements for relocation, or post securities (amended at Planning Commission Meeting dated March 1, 2005) , 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. 50. Provide fire protection facilities as required in writing by the Riverside County Fire - Department. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. Applicant shall submit a traffic control plan showing all traffic control devices for the project to be approved prior to issuance of a building permit. All traffic control devices shall be installed prior to final inspection of public improvements. This iFleludes No ParkiFlg and Street Sv;eeping Signs for streets within the de'ielopment. (amended at Planning Commission Meeting dated March 1, 2005). 54. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. - Page Thirty-Nine - City Council Minutes - March 22, 2005 56. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California 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. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. A certified letter from a registered geologist or geotechnical engineer shall be submitted confirming the absence of this hazard. 59. 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. 60. 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 ofthe City Engineer. 61. 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-of-way, subject to the approval of the City Engineer. 62. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 63. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the precise grade plans. A note should be added to the precise grade plans stating: "Drainage easements shall be kept free of buildings and obstructions". 64. 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. Page Forty - City Council Minutes - March 22, 2005 - 65. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements ofLEMC 15.68 regarding flood plain management. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer aad the Riverside C01:lllty Flood Comrol District prior to approval of fiaal map prior to issuance of a building permit (amended at Planning Commission Meeting dated March 1, 2005).. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 68. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. Ten year storm runoff should be contained within the curb and the 1 DO-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. - 71. A notarized drainage acceptance letter will be necessary from the downstream property owners for out-letting the proposed storm water run-off on private property. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater 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. 74. 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 75. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. - Page Forty-One - City Council Minutes - March 22, 2005 76. Ingress/egress site distance shall meet the design criteria of the CAL TRANS Design Manual. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 77. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 78. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 79. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval certificate of occupancy (amended at Planning Commission Meeting dated March 1,2005). 80. In accordance with the City's Franchise Agreement for waste disposal and 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. RIVERSIDE COUNTY FIRE DEPARTMENT 81. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 82. Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 83. Applicant to maintain all on-site landscaping. 84. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 85. Applicant to comply with all NPDES regulations. Mayor Magee thanked the applicant for his investment in the Community. 24. Final Environmental Impact Report. State Clearinghouse (SCH No. Page Forty-Two - City Council Minutes - March 22, 2005 - 2004111053). General Plan Amendment No. 2004-02; Zone Change No. 2004-02. Tentative Parcel Map No. 33056 and Commercial Design Review No. 2004-12 for the Oak Grove Crossing Shopping Center located on the Northwest Comer of Central and Collier Avenues. West of Interstate 15 (l- IS) within the City of Lake Elsinore and Assessor Parcel Numbers 377-120- 007 and 008. Resolution No. 2005-34 thru 2005-36 and Ordinance No. 1147. (F:110.2) Mayor Magee opened the public hearing at 7:58 p.m. Planning Manager Preisendanz indicated that this was a request to approve the Target shopping center, with a 120,000 square foot Target and outlying buildings for a total of 160,000 square feet of retail development. He detailed the recommendations, and noted a new condition for staff to work with the applicant to provide for fee reductions related to relocation of existing power poles not to exceed $260,000. - Glen Daigle, Oak Grove Equities, indicated that they were in agreement with the staff report and conditions of approval as amended. He commented that they appreciated the working spirit of the City and staff. Councilman Hickman inquired if they were happy with the amended condition. Mr. Daigle confirmed. Councilman Hickman commented that the planned building was beautiful. Mayor Pro Tern Schiffner questioned if the new conditions should be included in the motion for approval. Councilwoman Kelley concurred that this was a great looking shopping center, and indicated that she was happy to have it in the community. She noted the high voltage wire discussion; and indicated that the community would benefit nicely. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A - Page Forty-Three - City Council Minutes - March 22, 2005 VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-34, MAKING FINDINGS OF CONSISTENCY WITH THE MSHCP. RESOLUTION NO. 2005-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS THE OAK GROVE CROSSING LOCATED AT ASSESSOR PARCEL NUMBER(S) 377-120-007 AND 008. Mayor Magee thanked the applicant for their continued investment in the community and for working with staff to develop a design to be proud of. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-35 CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT. RESOLUTION NO. 2005-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT SCH NO. 2004111053, ADOPTING MITIGATION MONITORING AND REPORTING PROGRAM THERETO AND ADOPTING FINDINGS OF FACT AND OVERRIDING CONSIDERATIONS FOR PROJECT KNOWN AS OAK GROVE CROSSING LOCATED AT ASSESSOR PARCEL NO(S) 377-120-007 & A PORTION OF 008. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE GENERAL Page Forty-Four - City Council Minutes - March 22, 2005 - PLAN AMENDMENT NO. NO. 2004-02, AND ADOPT RESOLUTION NO. 2005-36. RESOLUTION NO. 2005-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2005 APPROVING OF THE GENERAL PLAN AMENDMENT NO. 2004-02 AMENDING THE GENERAL PLAN WITHIN THE BOUNDARIES OF TENTATIVE PARCEL MAP NO. 33056, ASSESSOR PARCEL MAP 377-120-007 & A PORTION OF 008 FROM BUSINESS PARK AND LIMITED INDUSTRIAL TO GENERAL COMMERCIAL. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE ZONE CHANGE NO. 2004-02 AND ADOPT ORDINANCE NO. 1147, UPON FIRST READING, BY TITLE ONLY: - ORDINANCE NO. 1147 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-02 CHANGING THE ZONING DESIGNATION OF THE PROPERTY CONTAINED WITHIN TENTATIVE PARCEL MAP NO. 33056 ASSESSOR PARCEL NO(S) 377-120-007 & A PORTION OF 377-120-008 FROM M-l (LIMITED MANUFACTURING) TO C-2 (GENERAL COMMERCIAL) UNDER THE ZONING ORDINANCE). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE - _ Page Forty-Five - City Council Minutes - March 22, 2005 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE TENTATIVE PARCEL MAP NO. 33056 AS AMENDED BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS - TENTATIVE PARCEL MAP 10. The proposed subdivision, together with the provIsIons for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of commercial land uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 11. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The City has considered the need for day-to-day shopping, which includes convenience goods, food and personal services, in contrast to the impacts related to the project's implementation and has determined that there are overriding considerations that outweigh the one (1) unavoidable significant impact (air quality). 12. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts, except one (1) unavoidable significant impact (air quality) that cannot be avoided to which the City Page Forty-Six - City Council Minutes - March 22, 2005 recommends adoption of the "Statement of Overriding Considerations". MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE COMMERCIAL DESIGN REVIEW NO. 2004-12 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Magee closed the public hearing at 8:05 p.m. FINDINGS - COMMERCIAL DESIGN REVIEW 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review located within Assessor Parcel Number 377- 120-007 &008 complies with the goals and objectives of the General Plan, in that the approval of this commercial shopping center will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Numbers 377-120- 007 &008 is appropriate to the site and surrounding developments in that the shopping center known as the Oak Grove Crossing has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. - - Pursuant to the California Environmental Quality Act {CEQA}, the proposed Commercial Design Review located at Assessor Parcel Number 377-120-007 &008, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will generally not have a significant effect on the environment pursuant to attached Conditions of Approval except that there is one (1) unavoidable significant impact {air _ Page Forty-Seven - City Council Minutes - March 22, 2005 quality) that cannot be avoided, to which the City recommends adoption of the "Statement of Overriding Considerations". 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number 377-120-007 &008 has been scheduledfor consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Oak Grove Crossing located at 377-120-007 & 008, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of $1,314.00 to the Planning Division within 48 hours of the City Council approval date for the required Environmental Filing. 3. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring and Reporting Plan (SCH No. 2004111053). TENTATIVE PARCEL MAP NO. 33056 4. Tentative Parcel Map No. 33056 will expire two (2) years from date of approval unless Page Forty-Eight - City Council Minutes - March 22, 2005 - within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC). 5. Tentative Parcel Map No. 33056 shall comply with the State of California Subdivision Map Act (CSMA) and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), Title 16 unless modified by approved Conditions of Approval. 6. Prior to final certificate of occupancy of Tentative Parcel Map No. 33056, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 7. Prior to the recordation of a final map, the applicant shall prepare and record CC&R's against the commercial shopping center requested herein. The CC&R's shall be - reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 8. No building in the development shall be sold unless a corporation, association, property management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. - Page Forty-Nine - City Council Minutes - March 22, 2005 9. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Property Management Association shall be mandatory for each buyer and successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 14. The applicant shall comply with those mitigation measures identified in the Draft EIR (SCH No. 2004111053) Mitigation Monitoring and Reporting Program prepared for the project requested herein. DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 2004-12 15. The Design Review approval located at Assessor Parcel No. 377-120-007 & 008 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 16. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. Page Fifty - City Council Minutes - March 22, 2005 - 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 19. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 20. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 21. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. - 22. All building signage shall comply with Uniform Sign Program No. 2004-09 requested herein. 23. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 24. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 25. No exterior roof ladders shall be permitted. 26. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 27. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 28. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. - Page Fifty-One - City Council Minutes - March 22, 2005 29. On-site surface drainage shall not cross sidewalks. 30. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 31. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING/GRADING PERMITS 32. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 33. Pursuant to Ordinance No. 1124, prior to the issuance of a building permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) Fee ($5,620.00 x 14 Acres=$78,680.00). 34. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in SIze. c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. Page Fifty-1\vo - City Council Minutes - March 22, 2005 - f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. - j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 35. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 36. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 37. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 38. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING - Page Fifty-Three - City Council Minutes - March 22, 2005 39. Staff shall work with the applicant to prepare an agreement, which shall provide for any combination of fee credits, fee reduction, or reimbursements for the cost of relocating existing power poles necessary to widen Collier Avenue. Said reimbursements, credits or reductions shall not exceed $260,000. Added per the City Council on March 22, 2005. 40. The applicant shall dedicate a full half-width right-of-way for Collier Avenue consistent with the Recommendations of the approved traffic study. 41. The applicant shall construct full half-width road improvements along the project frontage of Collier A venue consistent with the recommendations included in the approved traffic study. 42. The applicant shall dedicate full half-width right-of-way for Central Avenue. Halfwidth shall be consistent with the recommendations of the approved traffic study. 43. The applicant shall construct full half-width street improvements along the project frontage of Central Avenue consistent with recommendations of the approved traffic study. 44. The applicant shall dedicate full half-width right-of-way for Pasadena Street such that the half width is 30-feet. Street improvements shall be conditioned on the parcel adjacent to Pasadena Street when a submittal is received. 45. All street improvements on State Route 74 (Collier Avenue) shall reqUIre an encroachment permit from CAL TRANS. 46. All drive entrances shall be clear of parking stalls and drive aisles for a minimum distance of forty (40) feet. 47. The applicant shall comply with the mitigation described in the approved traffic plan including contribution towards the improvements in the SR74/1-15 interim interchange improvements. 48. All signage and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 49. The applicant shall construct a right-in/right-out driveway at the entrance on Collier Avenue. Page Fifty-Four - City Council Minutes - March 22, 2005 - 50. The applicant shall construct an asphalt transition from the approved street improvements to the existing pavement. The transition shall allow for the conveyance of stormwater and shall be consistent with CAL TRANS' standards for traffic safety. 51. The entrance on Collier shall provide for a dedicated right turn/deceleration lane. 52. The applicant shall pay City TIF and County TUMF fees as well as the appropriate area drainage fee. 53. On site diversion of storm flows greater than one-acre shall not be allowed. 54. The applicant shall provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 55. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation. 56. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. - 57. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 58. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 59. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 60. The applicant shall 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 final map approval. 61. The applicant shall 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). - Page Fifty-Five - City Council Minutes - March 22,2005 62. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 63. The 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. 64. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 W' x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 65. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 66. The applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 67. 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. 68. The applicant shall provide fire protection facilities as required in writing by the Riverside County Fire Department. 69. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 70. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 71. The 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 control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 72. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 73. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Page Fifty-Six - City Council Minutes - March 22, 2005 - 74. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California 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. 75. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 76. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. If the project is outside the Special Study Zone, A letter signed and stamped by a licensed Geotechnical Engineer or licensed Geologist shall be submitted to the City certifying the exemption 77. 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. - 78. 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. 79. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 80. On-site drainage facilities located outside of road right-of-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". 81. 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. 82. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 83. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management. - Page Fifty-Seven - City Council Minutes - March 22, 2005 84. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 85. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 86. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 87. 10-year storm runoff should be contained within the curb and the 1 DO-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 88. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 89. The applicant shall be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 90. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a WQMP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 91. In the event the site is impacted by the FEMA 100-year Flood Plane, the applicant shall process an appropriate letter of map revision with FEMA. All building pads shall be constructed to I-foot above the FEMA 1 DO-year flood plane. 92. 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 meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 93. The applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. Page Fifty-Eight - City Council Minutes - March 22, 2005 - 94. Intersection site distance shall meet the design criteria of the CAL TRANS 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. 95. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 96. The final map shall show the abandonment of dedications of public right-of-way or easements by appropriate certifications on the map. 97. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 98. In accordance with the City's Franchise Agreement for waste disposal and 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. - ADMINISTRATIVE SERVICES DEPARTMENT 99. The applicant shall annex into the Lighting, Landscape, and Maintenance District No.1 (LLMD No.1) if the City will maintain street lights and landscape medians. RIVERSIDE COUNTY FIRE DEPARTMENT 100. The applicant shall comply with all conditions from Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 101. The applicant shall pay park fees of $0.10 per square foot for all interior commercial/industrial space. 102. The applicant shall maintain all dry well systems installed as part of the project. 103. The applicant shall maintain all landscaping installed within the interior of the project and all areas fronting Collier and Central Avenues. 104. The applicant shall maintain all catch basins, storm drains or other related flood control devices generated by the project. - Page Fifty-Nine - City Council Minutes - March 22, 2005 105. The applicant shall comply with all City Ordinances relating to hauling and recycling of construction debris and removal. MINOR CONDITIONAL USE PERMIT 106. Minor Conditional Use Permit No. 2004-38 (Pad "B") approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107.Minor Conditional Use Permit No. 2004-38 shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 108. Minor Conditional Use Permit No. 2004-38 granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 109. Prior to final certificate of occupancy of Conditional Use Permit No. 2004-38, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 110. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code (LEMC). 111. The use of an outdoor public address system shall not be allowed. 112. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. VARIANCE NO. 2004-05 Page Sixty - City Council Minutes - March 22, 2005 - 113. Subject to the approval of the Home Depot Sign Program, Variance No. 2004-05 shall lapse and become void one (1) year following the date on which the Variance became effective, unless prior to the expiration of one (1) year, a building permit related to the Variance is issued and construction commenced and diligently pursued toward completion. The effective date of the Variance is subject to the installation of the most southerly freeway pylon pursuant to Sign Program No. 2005-01. Added per Planning Commission March 1, 2005. 114. The decision of the Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80. 115. An application for modification or other change in the conditions of approval of Variance No. 2004-05 shall be reviewed according to the provisions of this Chapter in a similar manner as a new application. 116. Variance No. 2004-05, upon violation of any applicable provision of this ordinance, or, if granted subject to conditions, upon failure to comply with conditions, shall be suspended as follows: - The Planning Commission shall notify, in writing, the holder of the Variance of its intention to hold a hearing to consider its revocation. Said notice shall be made at least ten (10) days prior to the actual date of the hearing. At the hearing the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the Variance or take such action as may be necessary to ensure compliance with the regulations, general provision or condition. Within five (5) days following the date of a decision of the Commission revoking a Variance, the secretary shall transmit to the applicant and City Council written notice of the decision. The decision shall become final fzfteen (15) days following the date on which the Variance was revoked unless an appeal has been filed. 117. Variance No. 2004-05 granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Variance application. UNIFORM SIGN PROGRAM NO. 2004-09 - Page Sixty-One - City Council Minutes - March 22, 2005 118. Prior to issuance of any sign permit the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 119. The applicant shall apply for a sign permit and pay appropriate fee for any sign installed at the project site. 120. The location, size, style, and color for all signs shall comply with the Uniform Sign Program No. 2004-09 (Approved herein). Any additions or revisions to the Sign Program shall require Planning Division review and approval. 121. The Design Review approval for Sign Program No 2004-09 located at Assessor Parcel No. 377-120-007 & 008 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 122. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 123. All exterior sign lighting shall be reviewed and approved by the Community Development Director. 25. Public Hearing - Authorizing the Issuance of Bonds and Approving bond Documents; Formation ofCFD 2004-3 (Rosetta Canyon); Calling a Special Election: Canvassing Election Results and Authorizing the Levy of Special Taxes. Resolution Nos. 2005-37 thru 2005-40 and Ordinance No. 1148. (F:22.3) Mayor Magee announced that this was Agenda Item No. 25, the Public Hearing on Formation of CFD 2004-3 (Rosetta Canyon); call of a Special Election; canvass of election results, and authorization to levy Special Taxes. He declared the public hearing open at 8:06 p.m. City Manager Brady introduced Administrative Services Director Pressey and Bond Counsel Hunt for presentation but requested a report on the Page Sixty-Two - City Council Minutes - March 22, 2005 - noticing requirements from the City Clerk. City Clerk/Human Resources Director Kasad announced that the Notice of Public Hearing was published in accordance with the Mello-Roos Community Facilities Act of 1982 and proof of such publication was on file in the City Clerk's Office. Administrative Services Director Pressey indicated that Dennis Anderson, who prepared the Engineer's Report was present, as well as Chris Holmquist, representing Centex on this matter. He explained that this was the formation of the District, which would involve 1,012 homes. He indicated that there were two zones, within each of the two planned improvement areas. He advised that bonds were proposed for each improvement area with the first being for $23 million and the second for $28 million. He noted that the facilities to be funded were listed on page 8, while the estimated total costs were included on page 9. He indicated that _ of the estimated $51 million, $41 million was anticipated. He detailed the anticipated special taxes for each improvement area and detailed the square footage of the proposed homes. He advised that the special taxes could increase up to 2% per year for a tax rate of approximately 2% including all taxes. He indicated that the joint financing agreement with EVMWD, was passed by EVMWD on March 10th, and that was the first item for consideration at this meeting. Mayor Magee inquired if there was anyone wishing to speak in favor of the district formation. Hearing no one, Mayor Magee inquired if there was anyone wishing to speak against the district formation. Hearing no one, Mayor Magee inquired if there was anyone wishing to speak at all. There were no public requests to speak. Chris Holmquist, representing Centex Homes, thanked the City Council for their consideration and urged support of this District, as it would provide critical funding for infrastructure. - Page Sixty-Three - City Council Minutes - March 22, 2005 Mayor Magee inquired if there was any City Council discussion. There was no City Council discussion. Mayor Magee inquired before formally closing the hearing, if there were any other property owners subject to the proposed special taxes who wished to file written protests and offered an opportunity for them to be filed with the City Clerk. No protests were filed. Mayor Magee closed the public hearing at 8: 10 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-37. RESOLUTION NO. 2005-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING A JOINT COMMUNITY FACILITIES AGREEMENT AND A FUNDING, CONSTRUCTION AND ACQUISITION AGREEMENT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-38. RESOLUTION NO. 2005-38 A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON). Page Sixty-Four - City Council Minutes - March 22, 2005 - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-39. RESOLUTION NO. 2005-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $23,000,000 AND $28,000,000 WITHIN IMPROVEMENT AREA NO.1 AND IMPROVEMENT AREA NO.2, RESPECTIVELY, OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) AND CALLING A SPECIAL ELECTION. Bond Counsel Hunt requested that the Mayor direct the City Clerk to tabulate the ballots and determine whether two-thirds of the votes cast upon the question of levying the tax were in favor of levying that tax. - Mayor Magee directed the City Clerk to tabulate the ballots and announce if two-thirds of the votes cast upon the questions of levying the special tax, incurring bonded indebtedness in the amount not to exceed $23,000,000 and $28,000,000, respectively, for Improvement Area No. 1 and Improvement Area No.2 and establishing an appropriations limit equal to the maximum amount of bonded indebtedness were in favor of such propositions. City ClerklHuman Resources Director Kasad tabulated the ballots and announced that all votes cast were in favor of the propositions. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-40. RESOLUTION NO. 2005-40 - Page Sixty-Five - City Council Minutes - March 22,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN IMPROVEMENT AREA NO.1 AND IMPROVEMENT AREA NO.2 OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON). MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1148, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1148 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Reading - Ordinance No. 1141- Zone Change No. 2004-07- Woodward Interests. (F:138.2) MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1141, UPON SECOND READING BY TITLE ONLY: Page Sixty-Six - City Council Minutes - March 22, 2005 - ORDINANCE NO. 1141 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-07 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS ASSESSOR PARCEL NUMBER(S) 363-240-005 THRU 007, 363-240-010 THRU 015.363-250- 001 THRU 012 FROM R-l SINGLE FAMILY RESIDENTIAL DISTRICT TO R-2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE - NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1142 - Community Facilities District No. 2003-1. Annexation No. 10 - La Laguna Phase 3.(F:22.3) MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1142, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1142 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) - Page Sixty-Seven - City Council Minutes - March 22, 2005 AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 10 (LA LAGUNA PHASE 3) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1143 - Community Facilities District No. 2003-1. Annexation No. 11 - Alberhill Ranch. (F:22.3) ORDINANCE NO. 1143 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003- 1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 11 (ALBERHILL RANCH) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE Page Sixty-Eight - City Council Minutes - March 22, 2005 - ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 34. Final Report on the Results of the Benefit Audit and Sub-Committee Recommendations for Action. (F: 116.1) Mayor Magee explained that this report was as a result of a sub-committee formed in June, 2004. He noted that the audit specifically looked at July 1, 2003 to June 30, 2004. He advised that following the audit he and Councilman Buckley prepared the staff report, with several recommendations for action this evening. He noted that they had suggested referring most of the items to the City Manager for a new series of policies and procedures. He commented that the audit ultimately found that when procedures were in place and were followed, they worked; however in some cases, there simply were no procedures. He indicated that the intent was to go forward in a positive manner. - City Manager Brady indicated that staff appreciated the opportunity to review the audit and provide input. He advised that staff was currently reviewing the audit and preparing additional information, which they felt would compliment the information in the audit, and provide a more complete and clear picture. He noted that many of the internal controls and procedures had already been put in place. He advised that the intention was that receipts would be required to be turned in, much more stringently in the past. He indicated that if anyone looked at an expenditure, they could see the approval and the expenditure for the whole transaction, so it could now be followed more completely. He indicated that there would be travel policies for reimbursement, where the Ctiy was now following the State per diem policy. He explained that a complete description of the conference, cost of the conference to be approved by the department head, and cost for mileage based on the Mapquest service. He noted that the comparison between airfare and mileage would also be required in the future, and the reimbursement would be at the lesser rate. He further noted that if a - Page Sixty-Nine - City Council Minutes - March 22, 2005 conference provides a meal, the per diem will be reduced accordingly. He advised that people attending conferences will need to provide a written summary of the conference and the benefits of attending the conference. He indicated that in terms of the leave requirements, each department, now has a person that must compare time sheets with leave requests. He noted the use of City credit cards, and indicated that documentation is critical and the Administrative Services Department was looking at the back-up documentation. He also noted that if there are other people involved in the use of the credit card, those people will need to be identified. He indicated that if any charges are not appropriate, they will need to be repaid by the card holder. He commented that there was a general concern about the audit when it was initiated, but at this time, there was an appreciation of what it identified. He stressed that some of the changes had already been initiated, and noted that the burden was on the Administrative Services Department to track the documentation. He indicated that staff was preparing a response and would make it available when it was ready. Mayor Magee reminded the Council that he wanted to amend the recommendation on City credit cards to add a provision that purchases were for City related items and expenditures only, not for other businesses. Bill Tiitto inquired if the audit had reviewed all 1,400 records, as discussed in the newspaper. He also inquired if the bonus program had been deleted, and if the money could be recouped that had been overcharged and was not reasonable. He questioned how much money was involved, and how much was marginal or illegal, etc. He also questioned why when the Grand Jury called for an audit in 2001 or 2002, it was bypassed. Donald Ash requested that the public address system be turned up so the audience could hear what was going on. He indicated that complaints against the City Council and Management had been ignored. He addressed a report that wrongdoing had been going on for years. He commented that there was a City Manager that did not take care of the needs of the community and a Council that did not care about the taxpayers of the Page Seventy - City Council Minutes - March 22, 2005 - community. He commented that the Council finally woke up to the fact that they needed to get rid of the City Manager, but appointed one of his chief deputies, who was part of the "fifedom" of the City Manager that had been going on for years. He stressed the need for the City to protect the taxpayers' money. He suggested that this audit highlighted what he called stealing the taxpayers' money. He suggested that City staff members were thieves and suggested that Mayor Magee wake up and get the money back from the people who had robbed the taxpayers. Sam Romero indicated that he had an opportunity to review the audit and found some questionable items. He suggested that when the Council is looking at funding for streets, people should be looked at to refund money to the City. He addressed page 36, item no. 5, a $450 expenditure for truffles. He also noted page 60, item no. 7, a trip to Washington D.C. He questioned how many days were involved in the meeting, and who and how many attended. He also noted a $32 expenditure for liquor and a $20 tip. He noted that there was a reimbursement for meals, as well as per diem. He inquired when the last audit was done and how many other elected officials and staff members benefit from the trip. He suggested that past actions could not be put in the past, but it was possible to correct them and move forward. He indicated that whether one was a friend of the old City manager or not was immaterial. He indicated he felt the City Manager could help the Council and the City to rectify these problems in the future. - City Treasurer Weber indicated that he had time to thoroughly review the audit; and commented that it was very difficult circumstances for the committee to move this forward. He commented that it took a lot of strength and courage to move it forward. He expressed appreciation for their efforts. He suggested that it was apparent that City Manager Watenpaugh just didn't care what was happening, because everyone had their hand in the kitty. He further suggested that people on staff needed to do some soul searching on what they spent money on and if it was for the City's benefit. He suggested that many things were of no benefit to the City and he would like to see staff evaluate themselves and past behaviors - Page Seventy-One - City Council Minutes - March 22, 2005 and consider giving a check back to the City. He indicated that it would be used for the benefit of the City, not the staff members. He noted that another audit would be very expensive, so he would do an audit on every person, for the last two years and forward it to Council for review. He expressed hopes that staff members would just give some money back. He indicated that there was a need for trust before moving forward. He thanked the sub-committee for moving this item forward and stopping what was going on. He expressed pride in their efforts. Councilman Hickman inquired if this was where the Council should make recommendations or if it should be done later. Mayor Magee indicated that the recommendation was made to go back to the City Manager for a new package in time for the adoption of the new budget. Councilman Hickman questioned if it was time to go through the policies. He addressed the credit cards and noted most people do not have company credit cards. He indicated that he would like to see the elimination of credit cards. He noted an incident he encountered previously with a representative spending $30,000; and indicated since then everyone had to use their own credit cards. He suggested that if someone wanted reimbursement, they would provide the receipts and save on headaches. He recommended that the Treasurer, City Manager and City Council have them if they desired them; and everyone else use their own. He indicated that travel or anything over $400 should come to the Council for approval. He indicated that the City Clerk with a credit card could make the arrangement and education could be worked out. He indicated that he concurred with some of the recommendations. He indicated that the car allowance should be tightened, as not too many people had a car allowance to go to work. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE RECOMMENDATIONS AS PRESENTED. Councilwoman Kelley commented that she would also approve of the recommendations, but requested clarification. She indicated that she was glad the audit was concluded, and had created standards to set up policies. Page Seventy-1\vo - City Council Minutes - March 22, 2005 - She noted the Conrad & Associates findings, and indicated that although the policies and practices were not always followed during the year, they noted no illegal activities, and did not identify any instances of fraud. She noted that they offered improved internal controls, which were used as a springboard for the committee. She indicated that it was time to move ahead for both staff and the City. She clarified that on Item No.2, it would need to be taken up with negotiations. Mayor Magee confirmed. Councilwoman Kelley noted that the City Manager had the new responsibility for drawing up new policies on everything from travel to per diem to petty cash, and inquired if he had a comfort level with that. City Manager Brady confirmed. Councilwoman Kelley indicated that she would support the recommendations and noted that the vote was 5-0 to go out for the audit; and stressed that the entire Council supported it and it was all done. Councilman Hickman addressed the recommendation for Health and Wellness to be abolished immediately and indicated he hoped that was what would come back. He indicated that he thought the committee did a good job. - Mayor Magee noted that ultimately the City Council was responsible for the spending of all public funds, but absent oversight the City Manager's Office became the overseeing authority. He indicated at this point the Council was here to recognize the errors and correct them. He noted that this would require the Council to be more vigilant in their oversight. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO APPROVE THE FOLLOWING RECOMMENDATIONS: · Due to a lack of proper implementation, the lack of any actual City Council approval, the lack of oversight, and the significant difficulty in the creation of future payment monitoring system, the Sub-Committee recommends that the current Health and Wellness Program be abolished _ Page Seventy-Three - City Council Minutes - March 22, 2005 immediately. Pending a review by legal counsel, the City Council may wish to implement a significantly scaled-back and tightly controlled program that would be available to ALL City employees. . That the City's employee leave policies and procedures be reviewed internally to ensure that accrued leave hours match current policy. It is also recommended that the City consider separating how vacation hours (allowing them to be accrued from year-to-year up to a certain point) and sick/floating/administrative leave hours are calculated. Said sick/administrative/leave hours would not be eligible for accrual and should not be eligible for "buy-out." . That an employee who receives either a City vehicle or an automobile allowance not be eligible for mileage reimbursement. Additionally, that only employees who are consistently required to use an automobile for work purposes be eligible for an auto allowance. Finally, that the City designate one or two "pool cars" for use by employees for City business. . That the City Manager's office draw up a new City travel policy consistent with common practices in the industry and applicable state and federal regulations. Said policy should include a transparent expense tracking system and should disallow certain expense for events reasonably close to the City of Lake Elsinore and/or the home of the employee. The policy should also include specific annual budgeting requirements for City Council and City Treasurer travel. . That the City Manager's office create a new per diem eligibility policy consistent with a new travel policy. . That the City Manager's office create a new petty cash policy consistent with common industry practices, including specifically a "two manager approval" disbursement system, proper tracking, and strict limits on expense eligibility. Page Seventy-Four - City Council Minutes - March 22, 2005 - · That all City credit cards be reduced to a $2,500 credit limit, that the use of said credit cards be consistent with industry practice and state and federal regulations, and that a new reporting/receipt system be created to insure that all expenses are proper. It should be made clear that the new policy shall include certain "type of expenditure" restrictions, such as individual meals and/or stand-alone alcohol purchases. While the City Manager or his/her designee may approve these expenditures, the City Manager's expenses shall be reviewed and approved by the City Council. · That the City not pay for such services and/or products as "On-Star" for City vehicles, political publications ("The Limbaugh Letter"), and other expenses clearly not related to City business. · That staff comply with the requirements of policies that are currently in place and not recommended for change (.i.e. Boot Reimbursement program, Education Reimbursement, etc.). - · Direct staff to return with new policies and procedures in time to incorporate them into the budget process for fiscal year 2005-06. 35. Sale of Real Property located at Silver and Minthorn to the Redevelopment Agency. (F :48.1 )(X: 134.1) City Attorney Leibold noted that the City owns 2.15 acres at Silver and Minthorn, in Redevelopment Agency Project Area No.1. She explained that this item would convey the property to the RDA for the appraised value. She offered to answer any questions. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO FIND THE PROPOSED SALE OF REAL PROPERTY TO THE REDEVELOPMENT AGENCY FOR $468,000 IS IN THE BEST INTERESTS OF THE CITY AND ITS RESIDENTS AND WILL FURTHER THE REDEVELOPMENT AGENCY'S EFFORTS TO IMPLEMENT THE REDEVELOPMENT PLAN; AND - Page Seventy-Five - City Council Minutes - March 22, 2005 AUTHORIZED THE MAYOR TO EXECUTE THE GRANT DEED CONVEYING THE PROPERTY TO THE REDEVELOPMENT AGENCY. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:46 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:53 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Donald Ash indicated that it was against the auditors Code of Ethics to render a legal opinion; to the extent that the audit should be voided. He questioned why the City couldn't take action against people who did something wrong. He stressed that the Council was supposed to protect the taxpayers' money. He indicated that honesty was not a high priority today, and suggested that it was important to take a stand. He indicated that people were taking money they did not deserve to have and stressed wrong things should be addressed, not ignored. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER REPORTS City Treasurer Weber commented on a small package he had presented regarding the former Assistant City Manager. He noted that she took back Health & Page Seventy-Six - City Council Minutes - March 22, 2005 - Wellness Benefits a few days before leaving. He noted that the policy was under review and she should not have authorized the payment to herself. He indicated that he was asking that she voluntarily return the funds; but noted that she might or might not do so. He suggested that she needed to do some soul searching, as it was inappropriate the day prior to her leaving. He expressed hopes that she would see the error in her ways, and let conscience be her guide and cause her to send it back. He indicated that she got paid well for what she did and expressed hopes that she would send a check by March 31 st. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: I) Announced that there was an opportunity to bring a new organization to town; and indicated that she was going to try to move forward with a Boys & Girls Club. She indicated that they were currently in Temecula, Murrieta, Perris and French Valley. She suggested that there was a strong need for the services they provide, and noted that she had toured the facilities in Temecula and discussed the issue with several people who received it well. She noted that several people had offered support to the effort and noted that she would bring it to the budget session on March 29th. She advised that there should be a presentation on the Agenda for Aprillih, and noted that she had been speaking with Kim Cousins at the Chamber of Commerce and he had been working on the same thing; so they would be joining forces. - Mayor Pro Tern Schiffner commented on the following: I) Thanked everyone for attending this meeting. Councilman Hickman commented on the following: 1) Questioned the current elevation of the Lake. Lake & Aquatic - Page Seventy-Seven - City Council Minutes - March 22, 2005 Resources Director Kilroy indicated that it was about 1254.77 or 3" from the spillway. 2) Wished everyone a Happy Easter. 3) Noted an April 6th meeting at the Cultural Center regarding the roads to Orange County. Mayor Magee clarified that the meeting would be April 14th at the Cultural Center. Mayor Magee commented on the following: 1) Announced the following upcoming events: March 26th - Children's Fair & Easter Egg Hunt March 26th - 3rd Anniversary of the Alliance Skate Park April 2nd - Storm/Padres Exposition Game at 2:05 p.m. April 2nd - Household Hazardous Waste Disposal April 3rd - Open Air Market - Downtown April 5th - Open House at the new Computer Center at the Tiny Tots Site April 9th - Canyon Lake Wakeboard Contest at the Inlet Channel 2) Requested that Lake & Aquatic Resources Director Kilroy provide a report on the buoy relocation and water quality status. Mr. Kilroy indicated that staff continues to remove storm debris around the Lake, which is a huge job. He noted that a lot of the debris came from shoreline residents. He indicated that with regard to buoys, a major number had been reset, but there were still some in the high speed zone that needed to be moved. He noted that with regard to water quality he was working with the Water District and Environmental Health, with the last sample last Wednesday. He indicated that the results came back last Thursday and all 10 samples were within acceptable guidelines. Page Seventy-Eight - City Council Minutes - March 22,2005 - 3) Thanked staff for taking care of the public nuisance dock on the Lakeshore Drive side of the Lake, noting that it had been an eyesore. 4) Noted that the Council had approved a temporary road improvement agreement for Nichols Road to Temescal High School for an alternative access during construction of the drainage facilities. He indicated that staff was working on a public education program to notify the public of the detours. 5) Recognized the efforts of the residents of Skylark Drive, noting the difficulty the road presented for emergency vehicles, etc. He explained that the residents requested that Supervisor Buster place a "not a thru street" sign, but the request was ignored so the residents purchased and installed the sign themselves. 6) Recognized Mrs. Hyland's comment about boats on streets, and suggested referring the matter to the Public Safety Advisory Commission for consideration. - 7) Addressed the audio system in the building and concurred that there was a problem. He indicated that he had asked several times and at one time it was tested by Comcast. He indicated that at a bare minimum there was a need for a speaker and cord to the microphone. He noted that meetings had been held in this building for eleven years and the problem had not been resolved. He requested that the problem be resolved. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 ~M. ~~ (JI,~. j GEE, MAYOR - Page Seventy-Nine - City Council Minutes - March 22, 2005 CITY OF LAKE ELSINORE AT ST: ~~CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE