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HomeMy WebLinkAbout07-12-2005 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 12, 2005 **~****~~**~**~:~~****~**~:~:~~*~*~:~~*:~~:~~:~***~**~*~:**~************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 530 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, Assistant City Attorney Van Blarcom, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Public Works Manager Payne, Police Lieutenant Koepp, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION -(Subdivision (1) of Gov't Code § 54956.9) Verizon v. County of Riverside, (Riverside Superior Court Case Na RIC 388792). City Attomey Van Blarcom announced the Closed Session discussion item as listed above. THE REGULAR CTTY COUNCIL MEETING WAS RECESSED TO Agenda Item No. Page_ of Page Two - City Council Minutes - July 12, 2005 CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:15 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by former Public Safety Advisory Commission Chairman Lewis. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Brady, City Attorney Van Blarcom, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, City Engineer Moehling, Planning Manager Preisendanz, Public Works Manager Payne, Police Lieutenant Koepp, City Treasurer Weber and Deputy City Clerk Ray. PRESENTATION/CEREMONIALS A. Sister City - Commune Taiarapu-Quest, Tahiti. Information/Communications Manager Dennis gave some background on Commune Taiarapu-Quest, Tahiti, which is Lake Elsinore's Sister City. Mr. Dennis indicated that there was going to be a ceremonial presentation from representatives of our Sister City. Agenda Item No. Page_ of Page Three - City Council Minutes - July 12, 2005 B. Parks & Recreation Month Mayor Magee called Community Services Director Sapp forward for the presentation. Mayor Magee read and presented the Proclamation. Mr. Sapp thanked the Mayor and City Council on behalf of the Community Services Department. He indicated that his staff would like to present Certificates of Recognition to individuals and businesses that volunteered and donated to the Community Services Department. Mr. Sapp called forward Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio and Community Center Program Coordinator Foster. He indicated that the Community Center and Senior Center combined offered over 50 programs per weelc to over 1,100 residents. He encouraged citizens to come and participate in the programs. He indicated that there was 93 acres of developed parks. He noted that there were six lighted soccer fields and nine lighted baseball/softball fields. C. Certificates of Reco ipn'tion Parks & Open Space Manager Fazzio called Chuck Kellar forward for the presentation. He indicated that Mr. Kellar did all the field maintenance for Lake Elsinore Little League. He commented that Mr. Kellar donated countless hours taking care of the fields. He indicated that Mr. Kellar made sure the fields were safe and playable for the youth of Lake Elsinore. He thanked Mr. Kellar for his volunteer services Mr. Kellar commented that he appreciated the help provided to him by the Parks & Open Space Department. He thanked the City for the recognition. Recreation/Tourism Manager Fazzio called Donna Lucas forward for the presentation. She indicated that Ms. Lucas had been a downtown merchant for 11 years. She indicated that Ms. Lucas had donated countless volunteer hours to the City. She had brought events to the downtown area. She was president of the Downtown Merchant Association. She organized the monthly Cruise Nights, Open Air Market and created and headed the Safe Candy Night, which was an annual event. She assisted every year with the Agenda Item No. Page_ of Page Four - City Council Minutes - July 12, 2005 Winterfest event. Ms. Lucas thanked the City and commented that it was her pleasure to be a part of Lake Elsinore. Community Center Program Coordinator Foster called forward Rick Sleuder and Tiny Tot Instructor Lorrana Hancock. She indicated that Mrs. Hancock had been teaching for 4 years. She indicated that last year Rick Sleuder and his wife Jackie had contacted her and informed her that they had computers they would like to donate to the Tiny Tot Program. She thanked Rick and his company DPR Construction. She presented Mr. Sleuder with a Certificate of Recognition and personalized plaque. Mrs. Hancock thanked Mr. Sleuder for the donation. Mr. Sleuder thanked the Community Center staf£ He commented that it was great to be able to help. He thanked his wife for her help in the process. Mayor Magee commented that people that give themselves to help grow our community were truly something special. D. Business of the Ouarter Mayor Magee announced that Lake Car Wash was Spring 2005 Business of the Quarter. He called forward Tom Grady. He commented that Mr. Grady was the owner of Lake Car Wash located on Casino Drive. He noted that the staff was always courteous, responsive and professional. Mr. Grady thanked the Mayor and City Council on behalf of his wife and Lake Car Wash employees. He noted that they worked hard to be a part of the community. E. Boat Parade Award of tronhies Mayor Magee called forward the awardees for the 4`h of July Boat Parade. Agenda Item No. Page_ of Page Five - City Council Minutes - July 12, 2005 He recognized the judges of the Boat Parade. He presented the Third Place trophy to Thomas Eckertt and Devon Hanson, Second Place trophy awarded to Ray and Maria O'Connor and First Place trophy awarded to Ryan and Jenny Johnson. F. Chamber of Commerce Ubdate Tom Grady, Chamber of Commerce representative, gave an update of upcoming Chamber events. He complimented the City on the fireworks for the 4`h of July. He noted that the July Business Mixer was scheduled for July 28`n hosted by the Model Home Center, located on Casino Drive. CLOSED SESSION REPORT City Attorney Van Blarcom announced that the City Council met in closed session regarding one item as listed on the agenda. City Attorney Van Blarcom stated that at the last City Council Meeting, Resolutions were adopted approving a Public Hearing for the City Wide Lighting and Landscaping Maintenance District and Landscape and Lighting Maintenance District No. 1 for Fiscal Year 2005-06. He indicated that it was thought that there would be a Public Hearing at this Council Meeting; if there was anyone present to speak on those items they could speak during the public comments on non-agendized items. He indicated that the items would be heard at the next City Council Meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Donna Franson, Lake Elsinore, commented that Pete Dawson had donated 6 to 8 sail boats and 3 or 4 haul boats to the Citizens Lake Recrearion Committee. She further commented that Mr. Dawson requested the boats be used to offer sailing lessons and other lake recreations for the lake. She noted that some were in need of repair. She also indicated that Mr. Dawson had donated several old light standards to be used and he had received phone calls complimenting the City on the fireworks show. Joyce Hohenadl, Lake Elsinore Citizens Committee, commented that the Citizens Committee would be holding its Third Annual General Meeting at 7 p.m., July Agenda I[em No. Page_ of Page Six - City Council Minutes - July 12, 2005 23`d, at the Tuscany Hills Recreational Center. She indicated that Mr. Greg Morrison, EVMWD representative, would be the guest speaker along with Police Officer Beth DeCou. She noted the mission of the Lake Elsinore Citizens Committee. Paula Graver, Lake Elsinore, reminded everyone of the Suppart Our Troops Rally, which were held every Saturday, from 10 a.m. until2 p.m., on the corner of Diamond Drive and Mission Trail Drive. She noted that donarions or care packages could be sent to her at P.O. Box 1498 Lake Elsinore, CA 92530 and far more information to call (951) 805-2878 or email her at Alasl<anan~e1718(a~vahoo.com. She invited the public to join her at the rallies. CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO APPROVE THE CONSENT CALLENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - June 14, 2005. b. Regular City Council Meeting - May 24, 2005. c. Regular City Council Meeting - June 14, 2005. 2. Ratified Warrant List for June 30, 2005.(F:123) 3. Received and filed Investment Reports.(F.12.5) a. Apri12005. b. May 2005. 4. Directed staff to prepare construction contract documents and advertise Poe Street drainage improvements for construction.(F:156.2) - Authorized $80,600 from Public Improvements and In-Lieu Fees. Agenda 1[em No. Page_ of Page Seven - City Council Minutes - July 12, 2005 Approved the disposal of surplus equipment to be scrapped. 6. Adopted Resolution of Intentions No. 2005-62, establishing CFD 2005-2 (Alberhill Ranch). RESOLUTION NO. 2005-62 A RESOLUTION OF INTENTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH); AND DESIGNATING IMPROVEMENT AREAS WITHIN SAID COMMUNITY FACILITIES DISTRICT. Adopted Resolution No. 2005-63, to incur bonded indebtedness. RESOLUTION NO. 2005-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $28,000,000, $36,000,000 AND $26,000,000 WITHIN IMPROVEMENTAREAA, IMPROVEMENT AREA B AND IMPROVEMENT AREA C, RESPECTIVELY, OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNTTY FACILITIES DISTRICT NO. 2005-2 (ALBERHILL RANCH). Scheduled the Public Hearing on the District Formation for August 23, 2005. 7. Adopted Resolution of Intentions No. 2005-64, establishing CFD 2005-4 (Lakeview Villas). RESOLUTION NO. 2005-64 A RESOLUTION OF INTENTION OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS). Agenda Item No. Page_ of Page Eight - City Council Minutes - July 12, 2005 Adopted Resolution No. 2005-65, to incur bonded indebtedness. RESOLUTION NO. 2005-65 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $9,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-4 (LAKEVIEW VILLAS). Scheduled the Public Hearing on the District Formation for August 23, 2005. Adopted Resolution of Intention No. 2005-66, to annex properiy from Annexation Area No. 14 (Lakeview Villas) into the CFD 2003-1. RESOLUTION NO. 2005-66 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. 14 (LAKEVIEW VILLAS). Schedule the public hearing on the District Formation for August 23, 2005. 9. Approved Union Bank of California custodial services and also Bank of New York, if Bank of New York can lower the fee to $2,500. Approved the list of certified broker dealers. Approved the proposed investment plan. 10. Adopted Resolution No. 2005-67. Agenda Item No. Page_ of Page Nine - City Council Minutes - July 12, 2005 RESOLUTION NO. 2005-67 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHINGAN INCREASE OF TRAFFIC INFRASTRUCTURE FEE (TIF) FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE. PUBLIC HEARINGS 21. Zone Chan~e No. 2005-OS and Annexarion No 72. Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave some background information on the item. He identified the items as listed in the staff reports. He noted that the Planning Commission had heard the item on June 21S` and approved of staff recommendations. Mayor Magee opened the public hearing at 7:42 p.m., asking those persons interested in this item to speak. There were no public comments. Mayor Magee closed the public hearing at 7:44 p.m. Mayor Pro Tem Schiffner indicated that he was happy to see the annexation into the City that it proposed a fantastic development and would be a big improvement to the City. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT ORDINANCE NO. ll52 UPON FIRST READING APPROVING ZONE CHANGE NO. 2005-05. Age~da Item No. Page_ of Page Ten - City Council Minutes - July 12, 2005 ORDINANCE NO. 1152 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE (PRE-ZONE) NO. 2005-OS CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 391- 170-005, 007, 391-200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390- 160-001, 002, Oll, 012, 391-240-O11, 012, 391-240-001, 390- 170-001,391-260-001,389-020-032,390-190-011,012,013, 389-080-037, and 389-020-036 TO M-3 MINERAL RESOURCES AND RELATED MANUFACTURING UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF THE ANNEXATION NO. 72. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-68. Agenda Item No. Page_ of Page Eleven - City Council Minutes - July 12, 2005 RESOLUTION NO. 2005-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 72 APN(s) 391- 170-005, 007, 391-200-003, 004, 007, 391-230-002, 003, 004, 005, 007, 009, 010, 390-130-006, 015, 016, 020, 021, 024, 390-160-001, 002, Oll, 012,391-240-011,012,391-240-001,390-170-001,391-260-001,389-020- 032, 390-190-O11, 012, 013, 389-080-037, and 389-020-036 INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. GENERAL CONDTTIONS L 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 Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and%or 6649937, 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. ANNEXATION NO. 72 1. The annexation of said property shall comply with the requirements contained in the Cortese-Knox-Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000-56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). Agenda I[em No. Page_ ot Page Twelve - City Council Minutes - July 12, 2005 2. All enritlements contained herein are subject to the completion and approval of the annexation of the subject property. 22. Resolution to approve nlacin~ delinquent refuse bills on FY 2004-2005 taac roll. Mayar Magee introduced the item. Mayor Magee opened the public hearing at 7:45 p.m., asking those persons interested in this item to speak. There were no public comments. Mayor Magee closed the public hearing at 7:46 p.m. Recreation/Tourism Manager Fazzio gave an overview of the item. She indicated that as of July 1, 2005, there were a total of 120 accounts totaling $19,211.96. She indicated that Mr. Fal~rion, CR&R representative, was in attendance to answer questions. Councilman Hickman indicated that there were less accounts on the list than last year. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-69. RESOLUTION NO. 2005-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AFFIRMING THE REPORT OF DELIQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. Councilman Hickman inquired if the option still existed for citizens to place their refuse bill onto their tax bill. Mr. Fahrion advised that process was available to all Agenda I[em No. Page_ of Page Thirteen - City Council Minutes - July 12, 2005 citizens. They would need to call 1-800-755-8112. Councilman Hickman advised that if citizens put their CR&R bill onto their tax bill it was tax deductible. BUSINESS ITEMS 31. Second Reading - Ordinance No. ll 51 - Approvin~ Amendment No. 3 to the Canyon Creek Specific Plan No. 85-1. Mayor Magee introduced the item. MOVED BY KELLEY, SECONDED BY ffiCKMAN AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT ORDINANCE NO. 1151, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1151 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT NO. 3 TO THE CANYON CREEK SPECIFIC PLAN NO. 85-1, LOCATED NORTHEAST OF INTERSTATE 15, APPROXIMATELY ONE MILE WEST OF CANYON LAKE, WEST OF SUMMERHILL DRIVE, SOUTH OF GREENWALD AVENUE, AND SOUTH OF THE EXTENSION OF LA STRADA ROAD, ADJACENT TO THE EXISTING TUSCANY HILLS COMMUNITY TO THE EAST, AND KNOWN AS ASSESSOR'S PARCEL NO. 363-020-008. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY Agenda I[em No. Vage_ of Page Fourteen - City Council Minutes - July 12, 2005 ABSTAIN: COUNCILMEMBERS: NONE 32. Industrial Design Review No. I 2004-04. Mayor Magee introduced the item. Planning Manager Preisendanz gave an overview of the item. He indicated that the Planning Commission had recommended approval. He indicated that staff and the applicant agreed to an additional Condition of Approval to be added to the project. Condition No. 63 - Any grading or drainage onto private offsite or adjacent property shail require a written permission to grade and/or permission to drain letter from the affected land owner. Councilman Hickman questioned if the City was forcing the applicant to put in a retention basin. Mr. Preisendanz advised that staff was not forcing; but merely asking the applicant to obtain a letter of permission from the offsite property owner so that draining could be addressed. He noted that this was a standard Condition of Approval, which would require the applicant to comply with standard drainage laws. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-71. RESOLUTION NO. 2005-71 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 INDUSTRIAL DESIGN REVIEW NO. I 2004-04 TO BE LOCATED AT 32081 CORYDON STREET (APN'S 370-080-017 & 018). MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO ADOPT RESOLUTION NO. 2005-72 WITA THE AMENDMENT TO THE Agenda Item No. Page_ of Page Fifteen - City Council Minutes - July 12, 2005 CONDITIONS OF APPROVAL TO ADD CONDTTION #63. RESOLUTION NO. 2005-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING INDUSTRIAL DESIGN REVIEW NO. I 2004-04 TO BE LOCATED AT 32081 CORYDON STREET (APN'S 370-080-017 & 018). (Nara• Fa~ lzsted in the Conduzons ~Approuzl are the l~st estimzt~ av.~ilable at tlae tirre ~approur~ The ceact fc~ arrn~mts z¢ill l~ reziecaed at the tirre ~buildi~ penrat zssuarae a~al mzy 1~ raiss~) GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the Ciry), indexnnify, and hold harmless the City, its Official, Officers, Employees, and Agenu from any claim, action, or proceeding against the City, its Official, Officeis, 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, Industrial Project which action is bought within the time period provided for in Califomia Govemment Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Ciry will prompdy 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, indeinnify, or hold harn~less the City. PLANNING DIVISION 2. Approval for Industrial Design Review No. I 2004-04 will lapse and be void unless building pemuts are issued within one (1) year of Ciry Council approval. The Community Development Director may grant an e~rtension of time of up to one (1~ year per eactension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of I,ake Elsinore one (1) month prior to the expiration date. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. Conditional Use Pernut No. 2004-41 for the industrial complex shall run with the land and shall continue to be valid upon any change of owne~hip of the site or structure which was the subject of the Conditional Use Pemut (CiJP) application. The CUP shall also be subject to periodic review by the Community Development Director or designee. The CUP can be revoked at any Agenda I[em No. Page_ of Page Sixteen - City Council Minutes - July 12, 2005 time, if after reviewed bythe Plannuig Commission it is found that the applicant has not been in compliance with Condiuons of Approval. The revocauon process shall complywith Section 17.74.110 of the Lake Elsinore Municipal Code (LEMG~. 5. All site improvemenu 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 Communiry 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 Coituivssion/City Council through subsequent action. 6. Structux~es shall be placed on-site as depicted on the site plan and/or as modified by the Community Development Director or designee. 7. Any revisions to the interior floor plans that could cause the requirement for additional parlflng shall be subject to the review and approval of the Communiry Development Director or designee. 8. All roof mounted or ground support air conditioning uniu or other mechanical equipment incidental to development shall be architectiually screened or shielded by landscaping so that they are not visible from neighboring property or public streeu. Any material covering the roof equipment shall match the primary wall color. 9. All e~rterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illuminauon above the horizontal plane of the fixture. All light fiinures shall match the architectural style of the building. 10. All loading zones shall be clearly marked with yellow striping and shall comply with the requiremenu of the LEMC. 11. Applicant shall meet ADA (Americans with Disabilities Act) requiremenu. 12. The applicant shall construct a 6 foot decorative masonry wall with pilasters along the exterior boundary of the project. 13. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates per the review and approval of the CommunityDevelopment Director or designee. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped planter is requu-ed on each side of the trash enclosure. 15. No exterior roof ladders shall be permitted. 16. Applicant shall use roofing materials with Class "A" fire rating. Agenda I[em No. Page_ of Page Seventeen - City Council Minutes - July 12, 2005 17. All ea~terior downspouu shall be architecturally screened to match the building exterior colo~s and architecture. 18. The Plauning Division shall approve the location of any construction traile~ utilized during construction. All construction trailers shall require a$1,000.00 cash bond, submit a site plan and processed through the Plauuuig Division. 19. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved bythe CommunityDevelopment Director or designee. 20. On-site surface drainage shall not cross sidewalks. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. All exposed slopes in excess of three feet (3') in height shall have a permanent urigation system and erosion control vegetation installed, approved by the I.andscape Architectwal Consultant and Planning Division. 23. All drive aisles and loading areas shall be kept free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 24. Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). PRIOR TO BUILDING/GRADING PERMITS 25. Prior to issuance of any grading pemut or building perxniu, 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. 26. Three (3) seu of the Final Landscaping/Imgation Detail Plan shall be submitted, reviewed and approved by the Cit~s Landscape Architect Consultant and the Communiry Development Director or designee, prior to issuance of building pernut. A I,andscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus fortypercent (40%) Ciryfee. a) All planting areas shall have pei•manent and automatic sprinkler system with 100% plant and grass coverage using a combinauon of drip and convenuonal urigauon methods. b) Applicant shall plant street trees, selected from the Cit}~s Street Tree List, maXimum of fortyfeet (40) apart and at least twenry-four-inch (24") box in size. Agenda 1[em No. Page_ of Page Eighteen - City Council Minutes - July 12, 2005 c) All planting areas shall be separated from paved areas with a six-inch (6") high and sui-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 to provide for 50% parking lot shading in fifteen (15) years. ~ Any transforme~s 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 requiremenu of the Cit}~s adopted I,andscape 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 unprovemenu shall be bonded 100% for material and labor for two yea~ from installation sign-off bythe Ciry. 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 Communiry Development Director or Designee. 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 planu. Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and 'urigation details. 27. 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 permiu and final approval. 28. Prior to issuance of building permiu, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 29. Prior to issuance of building pemuu, applicant shall provide assurance that all requiremenu of the Riverside County Fire Depanment have been met (see attached Condiuons of Approval). Agenda [tem No. Page_ of Page Nineteen - CiTy Council Minutes - July 12, 2005 30. Prior to issuance of building pernuu, applicant shall pay park in-lieu fee in effect at time of building pemut issuance. 31. The applicant shall comply with Section 17J8 (Noise Control) of the Lake Elsinore Municipal Code. 32. The Muldple Species Habitat Conservation Fee (MSHQ') shall be due upon issuance of each building permit. ENGINEERING DIVISION 33. All Public Works requiremenu shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMG~ prior to final approval. 34. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMG) and be consistent with the Cit}~s agreement with the Elsinore Valley Municipal Water District. 35. Pay all Capital Improvement, including TIF and TUMP fees, and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, encroachment pernut fees and inspection fees associated with the project and iu development. 36. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to grading plan approval. 37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a licensed geologist or a geotechnical engineer shall prepare a statement, stating there are no known earthquake faulu or liquefaction zones present. 38. All street unprovemenu and street lighting along Corydon Street shall be installed a functioning prior to certificate of occupancy. Corydon Street is designated as a Major Highway (100/80) on the Master Plan of Streeu. Also, the Counry of Riverside is currently constnxcting roadway improvemenu along this property frontage. As such, the applicant shall obtain these plans and revise the precise grading to show the e~sting (after county construcuon) and proposed street frontage improvemenu. Highway stripping on Corydon Street shall also be shown. 39. Construct all public works improvemenu on Corydon Street per approved street plans (LEMC 12.04). Plans must be approved and signed by the Ciry Engineer pnor to grading plan approval (LEMC 1634). 40. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside Counry Road Department Standards, latest edition, and Ciry Codes (LEMC 12.04 and 16.34~. Agenda Item No. Page_ of Page Twenty - City Council Minutes - July 12, 2005 41. All compacuon reports, grade certifications, monument certificauons (with ue notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvemenu will be scheduled and approved. 42. Provide final soils report showing compliance with recommendations. 43. The applicant shall install permanent survey monumenu in compliance with the Cit}~s municipal code. 44. All improvemenu plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compadble with City's ARC Info/GIS or developer to pay $300 per sheet for Ciry digitizing. 45. The finish floor elevation of the building shall not be less than 1267 feet. No import material from outside the "lake zone" shall be brought in and placed. 46. Applicant shall obtain all necessary off-site easemenu for off-site grading or constnzction from the adjacent property owners prior to issuance of grading pernut. 47. Apply and obtain a grading permit prior to building pemut issuance. A grading plan signed and stamped by a Califomia Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards of the existing flow pattern is substantially modified as determuied by the City Engineer. If the grading is less that 50 cubic yards and a grading plan is not required, a grading pernut shall still be obtained so that a cursory drainage and flow pattem inspection can be conducted before grading begins. 48. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stabiliry and proper erosion control. 49. If applicable, 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 import/e~ort material. Such routes shall be subject to the review and approval of the CityEngineer. 50. Applicant to provide to the City a photographic baseline record of the condition of all proposed public Ciry 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 CityEngineer. 51. All waste material, debris, vegetauon and other rubbish generated during cleaning, demoliuon, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR&.R, Inc., for recycling and storage container seroices, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid Agenda 1[em No. Page_ of Page Twenty-one - City Council Minutes - July 12, 2005 waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verificauon of tonnage by certified weigh master tickets. 52. Arrangemenu for relocation of utiliry company facilities (power poles, vaulu, etc.) out of the roadway or alley shall be the responsibiliry of the property owner or his agent. 53. Provide fire protection facilities as required in writing bythe Riverside CountyFire Department. 54. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 55. A hydrology and hydraulic study and calculations for the proposed on site storm drainage system shall be submitted and approved prior to issuance of a grading pernut. 56. Meet all requirements of LEMC 15.68 regarding flood plain management. 57. The Riverside County Water Quality Management Plan requires this project to prepare a project specific Water Quality Management Plan (WQMP). As such the applicant will be required to prepare a WQMP install BMP's using the best available technology to mitigate any urban pollutanu from entering the watershed. The plan shall identify "pollutanu of concern" and "hydrologic conditions of concern", and miugate in accordance with the Rive~ide County Water QualityManagement Plan. Said plan shall be approved prior to the issuance of a grading or site development permit. 58. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutanu from parking areas and driveways. This would include the use of a biofilter swale or other BMP techniques. Education guidelines and Best Management Practices (BMP) shall be provided to the properry owner and/or tenant 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 BMI' in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 59. All drainage facilides in this site shall be constructed to Riverside County Flood Control District Standards. 60. Storm drain inlet faciliues shall be appropriately stenciled to prevent illegal dumping in the drain system; City Engineer shall approve the wording and stencil. 61. 10-year storm runoff should be contained within the curb and the 100-year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. Agenda Item No. Page_ of Page Twenty-two - City Council Minutes - July 12, 2005 62. 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 pernuts. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 63. Arry gradiy~g ar draina~e orno prizttte y~f site ar adjua~a propeny shall requim a zeritteri perrmssion to grade and/ar a perrrassion to drain leuer from tlae affectal larnlararx~: C.orulixian addxl at City Cw~~l M~tingJuly 12, 2005 '~Italia indicates addiuon to teat, ~k indicates removal from text. 33. Washin~ton, D.C. Lobbvin~ Services Reauest For Pro op sals. Mayor Magee introduced the item. City Manager Brady gave an overview of the item. Information/Communications Manager Dennis gave more in depth overview of the item. He noted that the scope of work was based on an actual working contract. Mayor Magee indicated that there were comments made at the 4:00 p.m. Study Session in regard to the scope of work language. He indicated that Mr. Dennis had incorporated those changes into the RFP. Councilman Hickman commented that this was an important issue. He noted that there were federal dollars that the City had never applied for. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0 WITH COUNCILMEMBER BUCKLEY ABSENT TO AUTHORIZE THE CITY MANAGER OR HIS DESIGNEE TO PUBLISH THE REQUEST FOR PROPOSALS FOR WASffiNGTON, D.C. LOBBYING SERVICES. Mayor Magee indicated that this was the City's opportunity to seek and obtain the City's fair share of federally earmarked funds, something Lake Elsinore Agenda Item No. Page_ of Page Twenty-three - City Council Minutes - July 12, 2005 had never aggressively pursued in the past. He indicated that it was worth the initial investment to gain the benefits as neighboring cities. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:58 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES No comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Announced the following upcoming events: July 14`h - Chamber Pirates Treasurer Reverse Drawing July 30th - INT Waterski/Wakeboard Competition Aug 6t" - Household Hazardous Waste Collection Aug 6`h - Ophelia Theatre Group and the Elsinare Valley Arts Network Presents "Jakes Women" by Neil Simon Aug 7th - Open Air Market CITY ATTORNEY COMMENTS City Attorney commented on the following: 1) Thanked the City Council and staff for their support while he filled in far City Attorney Leibold. He indicated that she would be at the next City Council Meeting. COMMITTEE REPORTS None. Agenda Item No. Page_ of Page Twenty-four - City Council Minutes - July 12, 2005 CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) He noted that Administrative Services Director Pressey had found $9 million that the City could invest a lot wiser than in the past. He indicated that it was a possible net of $140,000. He indicated that he appreciated the work Mr. Pressey had done. Mayor Magee thanked the City Treasurer for recognizing staf£ He indicated that the $140,000 was annual estimate of increased revenue. He thanked Mr. Pressey. CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She noted that there were flyers by the door for the Music With A View Concert Series. Mayor Pro Tem Schiffner commented on the following: 1) He thanked the citizens for coming out. Councilman Hickman commented on the following: 1) He thanked Administrative Services Director Pressey for his work. 2) He noted that Pulte development in Tuscany Hills area had sold 6 out of their 10 phases. 3) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674-2526. 4) He congratulated Beverly Mumphrey for being selected a Champion of Justice for 2005. He indicated that there were only 6 people in the state that were elected. Agenda I[em No. Page_ of Page Twenty-five - City Council Minutes - July 12, 2005 Mayor Magee commented on the following: 1) He recognized Mr. Pete Dawson for his donation to Mrs. Franson's group far the light standards. He indicated that Mr. Dawson had also donated the light standards at Fire Starion No. 11. He requested that Mrs. Franson coordinated her efforts with the Lake Elsinore Historicai Society. 2) He commented on the Poe Street drainage improvements. He noted that some of the residents had suffered significant flooding concerns from the winter season. He indicated that the City was going to improve that area and fix the drainage problem. 3) He commented that the 4t" of July fireworks were great; although he did receive several complaints about illegal firewarks. He requested that the Police Department, in cooperation with the Public Safety Advisory Commission, come up with an idea to limit illegal fireworks next year. He indicated that there was a significant danger of fire and injuries. ADJOURNMENT The Regular CiTy Council Meeting was adjourned at :. p.m. ~ ~ ~ .YOR CITY OF LAKE CITY OF -Y, DEPUTY CITY CLERK ELSINORE Agenda Item No. Page_ of ATTEST: