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HomeMy WebLinkAbout07-26-2005 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 26, 2005 *~:~*~~:~~***~~:~~~:*~:~:~*:~~:~:~*:~~:~~*:~*****~*~~~******:~~~:~~~:~~*:~***~:~~** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 537 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Aiso present were: City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Police Chief Fetherolf, City TYeasurer Weber and Deputy City Clerk Ray. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LTTIGATION -(Subdivision (1) of Gov't Code § 54956.9) Verizon v. County of Riverside, (Riverside Superior Court Case Na RIC 388792). (F:40.1)(F52.1) b. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to subdivision (b) of Gov't Code § 549569 (1 potential case). (F:40.1)(F52.1) Agenda I[em No. Page_ot= Page Two - City Council Minutes - July 26, 2005 c. CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code § 54957.6) City negotiator: Ciry Council Unrepresentedemployee: CityAttorney(F:40.1) City Attorney Leibold announced the Closed Session discussion item as listed above. THE REGULAR CTTY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:38 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:05 P.M.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Manager Preisendanz. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in 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, Lake & Aquatic Resources Director Kilroy, Information/Communications Manager Dennis, Community Services Director Sapp, City Engineer Moehling, Planning Manager Preisendanz, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Police Chief Fetherolf, City Treasurer Weber and Deputy City Clerk Ray. Agenda I[em No. Page_of Page Three - City Council Minutes - July 26, 2005 PRESENTATION/CEREMONIALS A. Introduction of new City employees.(F116.1) City Manager requested that each Division Manager introduce the new personnel assigned to their Division. Planning Manager Preisendanz introduced Senior Planner Matthew Harris and Community Development Technician Sonia Salazar to the City Council and citizens of Lake Elsinore. He also announced that a third addition to the Community Development Department Office Specialist I Cindy Schmidt was not able to attend the meeting. City Engineer Moehling introduced Senior Civil Engineer Ed Basubas. He listed the cities Mr. Basubas had previously worked. Mr. Basubas addressed the City Council and gave a little background of his work experience. He noted that he had 16 years of city experience. Information/Communications Manager Dennis introduced Information System Analyst Toby Soto. Mr. Soto addressed the City Council and gave littie baclcground of his wark experience. He noted that he had 15 years of Information Systems experience. Public Works Manager Payne introduced Maintenance Warker I Romero Delgado. He indicated that Mr. Romero was a resident of Lake Elsinore. Mr. Romero addressed the City Council and expressed his hopes to make a difference as an employee. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in closed session regarding three items as listed on the agenda. City Attorney Leibold reparted that Item a, was a Settlement Agreement in which the Council approved along with a mutual release. She advised that there was no financial responsibility or obligation on the part of the City. City Attorney Leibold reported that there was no reportable action on Items b and c. Agenda Item No. Page_of Page Four - City Council Minutes - July 26, 2005 PUBLIC COMMENTS - NON-AGENDIZED ITEMS -1 MINUTE Jeanie Corral, Parade Chairman, EVCAP, commented that the 9th annual "Put the Unity in Community Parade" was in the process of being organized. The theme was "Celebrating Families". She requested that the City allowed EVCAP to use the City streets on the third Saturday of November, 2005. She noted that there was no funding for the parade that it was totally voluntarily. Mrs. Corral also noted that this year marked the 100`h anniversary of Elsinore Woman's Club. She noted it was the oldest service club for women in the area. She requested that the City presented the club with a proclamation. She thanked the Council and staff for the reopening of Dexter Road. Ruth Atkins, Lake Elsinore, suggested that the Council considered an ordinance that governed the types of businesses in the historic downtown area. She questioned if it was a RDA issue. JJ Swanson, representative of Lake Elsinore Historical Society, invited everyone to attend the Historical Society Estate Sale on August 4`n 5`h 6th 7a.m. - 12 noon, at the Historical Society Research Library located in the basement of the Cultural Center, 183 N. Main Street. Pete Dawson, Lake Elsinore, commended the Council on the July 4`h event. He congratulated City Manager Brady. He commented that the Lake Elsinore Princess had new windows. He indicated that volunteers were needed to help restore the Princess. He commented to Councilwoman Kelley that he had all the street lights ready that she had requested a few years back. He commented that he also had seven to eight sail boats ready for donation. He requested that nonprofit organizations contact him at (951) 202-1584. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3 & 8. Agenda Item No. Page_of Page Five - City Council Minutes - July 26, 2005 MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO CHANGE ITEM NO. 6 TO REFLECT THE DISCUSSION AT THE STUDY SESSION AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Special City Council Meeting - June 15, 2005. b. Special City Council Meeting - June 20, 2005. a Joint City Council/Redevelopment Agency Study Session - June 28, 2005. d. Regular City Council Meeting - June 28, 2005. 2. Ratified Warrant List for July 15, 2005.(F:12.3) 4. Approved the recommendations listed in the staff report for a Senior Human Resources Analyst; Part time Office Specialist I; and reclassify the Payroll Specialist to a Management Analyst position. (F:116.1) 5. Adopted Resolurion No. 2005-75, dissolving CFD No. 2004-1. Directed the City Manager to record a Notice of Cessation of Special Tax with the County Recorder.(F22.3) RESOLUTION NO. 2005-75 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, DISSOLVING THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES) 6. Adopted Resolution of Intentions No. 2005-76, establishing CFD 2005-6 (City Center Townhomes).(F:22.3) Agenda 1[em No. Page_of'_ Page Six - City Council Minutes - July 26, 2005 RESOLUTION NO. 2005-76 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE, CALIFORNIA, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES) Adopted Resolution No. 2005-77, to incur bonded indebtedness. RESOLUTION NO. 2005-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-6 (CITY CENTER TOWNHOMES) Scheduled the Public Hearing on the District Formation for September 13, 2005. Adopted Resolution No. 2005 - 78, confirming the special tax rates for CFD 88-3.(F:223) RESOLUTION NO. 2005-78 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 88-3 Adopted Resolution No. 2005 - 79, confirming the special tax rates for CFD 95-1. Agenda Item No. Page_of Page Seven - City Council Minutes - July 26, 2005 RESOLUTION NO. 2005-79 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 95-1 Adopted Resolution No. 2005 - 80, confirming the special tax rates for CFD 98-1. RESOLUTION NO. 2005-80 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING TAE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 98-1 Adopted Resolution No. 2005 - 81, confirnung the special tax rates for CFD 2003-1. RESOLUTION NO. 2005-81 RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003-1 Adopted Resolution No. 2005 - 82, confirming the special tax rates for CFD 2003-2. RESOLUTION NO. 2005-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003-2 Agwda I[em No. Page_of Page Eight - City Council Minutes - July 26, 2005 Adopted Resolution No. 2005 - 83, confirnung the special tax rates for CFD 2004-3. RESOLUTION NO. 2005-83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2004-3 Adopted Resolution No. 2005 - 84, confirming the special tax rates for CFD 2005-1. RESOLUTION NO. 2005-84 RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2005-1 ITEMS PULLED FROM THE CONSENT CALENDAR Extension of Term of Franchise for cable television.(F:68.1) City Manager Brady gave an overview of the item. Vida Boice, Lake Elsinore, commented that not all City residents had cable. She noted that a number of her neighbors had satellite. She suggested a share of the communication system between cable and satellite. Councilman Buckley indicated that he agreed with Mrs. Boice, but unfortunately the Council could not regulate the satellite. He explained that was an FCC issue. He indicated that the City received franchise funds from Comcast and that they put on the public access. He reiterated that the Council could not force Direct TV or Dish to air the Lake Elsinore public access. Agenda I[em No. Page_of Page Nine - City Council Minutes - July 26, 2005 Mayor Magee commented that County Supervisar Stone had formed a committee to work with a station in the Hemet area to bring a local station to the valley; and they were warking with the City local cable provider. He noted that there was a meeting scheduled next month. MOVED BY SCHIFFNER, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-73, AMENDING RESOLUTION NO. 89-11 REGARDING TERM OF NON-EXCLUSIVE FRANCHISE. RESOLUTION NO. 2005-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CITY OF LAKE ELSINORE RESOLUTION NO. 89-11 REGARDING TERM OF NON- EXCLUSIVE FRANCHISE. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-74, PROVIDING APPROVAL FOR A TRANSACTION INVOLVING COMCAST CORPORATION AND TIME WARNER CABLE INC. RESOLUTION NO. 2005-74 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, PROVIDINGAPPROVAL FORA TRANSACTION INVOLVING COMCAST CORPORATION AND TIME WARNER CABLE INC. Resolution authorizing the issuance of bonds and approving bond documents for CFD No. 2004-3 (Rosetta Canyon).(F:223) City Manager gave an overview of the item and deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave an in-depth overview of the item. He noted the number of homes involved and the dollar amount for Agenda ftem No. Page_of Page Ten - City Council Minutes - July 26, 2005 each Improvement District. He noted the documents befare Council. MOVED BY SCHIFFNER, SECONDED BY BUCKLEYAND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-85, APPROVING ISSUANCE OF CFD 2004-3 (ROSETTA CANYON) 200 SERIES A BONDS, FISCAL AGENT AGREEMENT, PURCHASE CONTRACT, PRELIMINATRY OFFICIAL STATEMENTS. RESOLUTION NO. 2005-85 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE ISSUANCE OF THE CTTY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYOl~ SPECIAL TAX BONDS (IMPROVEMENT AREA NO.1) 2005 SERIES A AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A PURCHASE CONTRACT, AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH PUBLIC HEARINGS 21. Citvwide Lighting and Landsca~g Maintenance District and the Landsca~e and Lightine Maintenance District No. 1 for the Fiscal Year 2005-06. (F:22.2) Mayor Magee introduced the item and opened the public hearing at 7:25 p.m. Mayor Magee deferred to City Manager Brady. City Manager Brady requested that City Attorney Leibold announce the notice far the item. City Attorney Leibold advised that notice of the item had been published in accordance with the Landscape and Lighting Act of 1972 and proof of such publication was available in the City Clerk's Office. Mayor Magee requested testimony from the public. There was no public testimony on this item. Agenda 1[em No. Page_of Page Eleven - City Council Minutes - July 26, 2005 Councilman Buckley clarified that although the report did not list funding for the lights along Lakeshore Drive, there was funding available. MOVED BY BUCKLEY, SECONDED BY AICKMAN TO ADOPT RESOLUTION NO. 2005-86, SETTING THE FY 2005-06 BENEFIT ASSESSMENT FOR THE CITYWIDE LLMD. Mayor Magee inquired if there were any property owners subject to the proposed assessment that wished to file written protests. He advised that only a written protest could be considered. Mayor Magee closed the public hearing at 7:28 p.m. Mayor Magee instructed Deputy City Clerk Ray to tabulate the vote. Deputy City Clerk Ray commented that there was no majority protest that existed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2005- 06. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-87 FOR LLMD NO. 1. Agenda Item No. Page_of Page Twelve - City Council Minutes - July 26, 2005 RESOLUTION NO. 2005-87 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2005- 06. 22. Mitigated Negative Declaration No. 2005-03/Mitigation Monitoring Program, General Plan Amendment No. 2005-02, Zone Chan~e No. 2005-03 -APN 373-071-018.(F:83.2)(F:172.2) Mayor Magee indicated that staff was requesting a continuance of Item Nos. 22 and 23. MOVED BY SCHIFFNER, SECONDED BY KELLEYAND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NOS. 22 AND 23 TO THE AUGUST 9TH CITY COUNCIL MEETING~ 23. Mitigated Ne~ative Declaration No. 2005-04/Mitieation Monitoring Program, General Plan Amendment No. 2004-10, Tentative Parcel Map (for condominium purposesl No. 32674 and Residential Desie,n Review No. 2004-11-APN 379-315-044. (F:110.2)(F:172.2) MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NOS. 22 AND 23 TO THE AUGUST 9TH CTTY COUNCIL MEETIN~ 24. Public Hearine for consideration of objections and to the confirmation and placement of char es on propertv tax bills. (F:163.1)(F:166.1) Mayar Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Parks & Open Space Manager Fazzio. Agenda I[em No. Page_of Page Thirteen - City Council Minutes - July 26, 2005 Parks & Open Space Manager Fazzio commended his staff on their efforts. He indicated that they had cleared a total of 706 private parcels, which equated to 260 acres, trimmed over 600 trees, and removed 4,070 tons of trash and debris, which included 500 tons of hazardous waste. He noted the billing was $428,397.2L He noted that 95% of the property owners billed lived outside of the City limits. Mayor Magee opened the public hearing at 7:31 p.m. Vida Boice, Lake Elsinore, commented that she had seen a lot of improvement in regards to weed abatement. She noted that there were commercial properties that needed abatement. She questioned the City's efforts to clean up those areas and questioned the policy as it referred to commercial properties. Mayor Magee directed Mrs. Boice to staff, so staff could locate the sites in question and deternune if it they were located in City limits and if it was a code enforcement or weed abatement matter. Councilman Hickman requested that staff view the bungalows on Franlclin Street and Ellis Street. He indicated that he had received commendable remarks from residents on the progress and the beautification Mr. Fazzio's division was doing. Mayor Magee closed the public hearing at 7:33 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-88 FOR WEED ABATEMENT COST RECOVERY. RESOLUTION NO. 2005-88 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF Agenda I[em No. Page_of Page Fourteen - City Council Minutes - July 26, 2005 THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING TfIAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-89 FOR NUISANCE ABATEMENT COST RECOVERY. RESOLUTION NO. 2005-89 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 25. Residential Design Review Project No. 2004-14.(F:110.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He advised that the Planning Commission was recommending approval of the Design Review. Agenda 1[em No. Page_of Page Fifteen - City Council Minutes - July 26, 2005 Mayor Magee opened the public hearing at 7:35 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-90, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-14, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OFAPPROVALAND EXHIBITS. Mayor Magee closed the public hearing at 736 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-90 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-14 FOR THE PROJECT LOCATED AT THE NORTHWEST CORNER OF MOUNTAIN AVENUE AND RAVETTA LANE WITHIN TENTATIVE PARCEL MAP NO. (S) 31357 AND 31685. GENERAL The applicant shall defend (with counsel acceptable to the Ciry), indemnify, and hold harmless the City, iu Official, Officers, Employees, and Contract Agents from any claiin, action, or proceeding against the Ciry, 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 conceming the subject project located at the northwest and northeast comers of Mountain Street and Raveta Lane, which action is bought within the time period provided for in Califomia Government Code Sections 65009 and/or 6649937, and Public Resources Code Secuon 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 Ciry fails to prompdy notify the Applicant of any such clairn, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indenuiify, or hold harmless the Ciry. Agenda Item No. Page_ot Page Sixteen - City Council Minutes - July 26, 2005 PLANNING DIVISION 2. The project shall comply with all conditions of approval associated with Tentative Parcel Map No. (s) TPM 31357 and TPM 31685. 3. Design Review approval for Residential Design Review No. 2004-14 will lapse and be void unless building permits are issued within one (1) year of Planning Commission approval date. An extension of time (up to one year per extension) may be granted by the Community Development Director priar to expiration of the initial Design Review approval. The applicant must submit an application one month prior to expiration. 4. Conditions of approval shall be reproduced upon 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. 5. Prior to issuance of any grading or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. ~ 6. 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 through subsequent action. 7. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 8. Applicant is to meet all applicable City Codes and Ordinances. 9. Applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday and no construction activity shall occur on Saturday, Sundays or legal holidays. 10. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 11. Applicant is to meet all applicable County Fire Department requirements for fire protection. Agenda [tem No. Page_of Page Seventeen - City Council Minutes - July 26, 2005 12. Applicant is to meet all applicable Building and Safety Division requirements. 13. A cash bond of $1,000 shall be required for any construction trailers used during construction. Bonds will be released after removal of trailers subject to the approval of the Community Development Director or Designee. 14. The applicant shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 15. Any exteriar air conditioning units or other mechanical equipment shall be ground mounted and screened so that they are not visible from neighboring property or public streets behind the rear fence. The air conditioning unit may not encroach more than two feet into the required minimum side setback. 16. Garages shall be constructed to provide a minimum of 10'-0" x 20'-0" of interior clear space far two cars for a total interior clear space of 20'-0" x 20'-0". 17. A final Landscaping and Irrigation Plan shall be submitted for review and approva] by the City's Landscape Architect Consultant and the Community Development Director or designee prior to building permits. A Landscape Plan Check fee and Inspection fee shall be paid for the entire project at the time of submittal. 18. All front yards and side yards on corner lots shall be properly landscaped and irrigated with automatic underground irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. a) The applicant shall plant street trees to match existing street trees a maximum of thirty feet (30') apart and at least twenty-four-inch (24") box in size. b) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty- six-inches (36"). c) 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 ar drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. d) All landscape improvements shall be bonded with a 100 percent Faithful Performance Bond for labor and materials for two years from Certificate of Occupancy. e) All landscaping and irrigation shall be installed within an affected portion of any phase at the time a Certificate of Occupancy is requested for any building. Agenda Item No. Page_of Page Eighteen - City Council Minutes - July 26, 2005 fl Final landscape plan must be consistent with approved site plan. 19. All exposed slopes in excess of three feet in height within the subject tract and within private lots shall have permanent irrigation system and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. 20. Driveways shall be constructed of concrete per Building and Safety Division standards. 21. Fences located in any front yard shall not exceed 36 inches in height with the exception that wrought iron fences may be five feet in height. Chain link fences shall be prohibited. 22. The applicant shall submit a final wall and fence plan subject to review and approval of the Community Development Director or designee, prior to approval of the precise grading plan. All walls and fences adjacent the public right-of-way and return walls between the proposed houses shall be constructed of decorative material. 23. Priar to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinare Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall pay park-in-lieu fees in effect at the time of building permit issuance. 25. 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. 26. The address (in numerals at least four inches high) shall be displayed near the entrance of the residence and be visible from the street. 27. Applicant shall provide a flat concrete pad a minimum area of 3'0" by TO" adjacent to the dwelling for the storage of the City trash barrels. The storage pad or area shall be concealed from public view. 28. When an elevation faces a public right-of-way additional architectural treatments shall be required. Enhanced Architectural treatments shall include surrounds for windows, shutters or other architectural features per the approval of the Community Development Director or designee. 29. Prior to issuance of a Certificate of Occupancy for any home, the applicant shall join the appropriate Landscaping and Lighting Maintenance District. Agenda Item No. Page_of Page Nineteen - City Council Minutes - July 26, 2005 ENGINEERING DIVISION 30. The project shall comply with all conditions of approval associated with Tentative Parcel Map No. (s) TPM 31357 and TPM 31685). 31. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMG~ prior to Building Pemut issuance. 32. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resoluuon 85-26). The Traffic Impact Fee is ('ITF fee per unit~; the Drainage Fee (Appropriate Drainage District~, the K-Rat fee and the 'I'UMF (per unit) are due at the tune of Building Permit issuance. 33. 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. 34. Construct all public works improvements per approved street plans (I.EMC 12.04~. 35. Pay all fees and meet requirements of encroachment pemut issued by the Engineering Division for construction of public works improvemenu (LEMC 12.08 and Resolution 83-78). 36. All compacaon reports, grade certifications shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway shall be the responsibility of the property owner or his agent. 38. Provide street lighting and show lighting unprovements as part of street improvement plans as required bythe CiryEngineer. 39. Developer shall install blue reflecuve pavement markers in the street at all fire hydrant locauons. 40. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utiliry. 41. Provide soils, geology and seismic repon including street design recommendarions. Provide final soils report showing compliance with recommendations. 42. An Alquis-Priolo study shall be perforxned on the site to identify any hidden earthquake faults andlor liquefaction zones present on-site. 43. 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. Agenda Page_of Page Twenty - City Council Minutes - July 26, 2005 44. 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. 45. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed bya method approved bythe CityEngineer. 46. All drainage facilities in this tract shall be constructed to Riverside Counry Flood Control District Standards. 47. 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 Czry Engineer. 48. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 49. A drainage acceptance letter will be necessary from the downstream properry owners for out letting the proposed stormwater run-off on private propeny. 50. Applicant shall provide first blush BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 51. 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 permiu. The applicant shall provide a SWPPP for post construction which describes BNII"s that will be implemented for development. 52. Applicant shall obtain and maintain 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 pernuu. The applicant shall provide a SWPPP for post construction which describes BMI''s that will be implemented for the development and mcluding maintenance responsibilities. 53. 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. 54. In accordance with the Cit~s Franchise Agreement for waste disposal & recycling, the applicant shall be requu-ed to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Agenda I[em No. Page_of Page Twenty-one - City Council Minutes - July 26, 2005 Provide a reciprocal access easement that will serve as vehicular and utility access to all parcels created to the satisfaction of the City Engineer; easement shall be recorded as part of the final map approval process (Amended at the July S, 2005 Planning Commission Meeting). 26. Tentative Parcel Map no. 33635 (for condominium purposesl and Residential Desien Review No. 2004-23 for Brookside Terrace.(F 110.2) Mayor Magee introduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He advised that the Planning Commission had recommended approval. He indicated that Condition of Approval No. 48 was going to be changed to read, "Pay all development fees, consistent with the terms of the development agreement." He noted that the applicant concurred with the change. Mayor Magee opened the public hearing at 7:37 p.m. David Dunham, representative of Pardee Homes, commented that he was available to answer any questions. Councilwoman Kelley questioned if there was a timeframe for the first models to open. Mr. Dunham indicated that pending the building permit they would start immediately. She questioned if there was a price range. Mr. Dunham indicated that they were considering the high $200,000 to the mid $300,000. Mayor Pro Tem Schiffner commented that he had reviewed the documents and it was a beautiful plan and was a nice addition to Lake Elsinore. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT RESOLUTION NO. 2005-91, APPROVING TENTATIVE PARCEL MAP NO. 33635, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL AND EXHIBITS. Mayor Magee closed the public hearing at 7:40 p.m. Agenda Item No. Page_of Page Twenty-two - City Council Minutes - July 26, 2005 FOREGOING MOTION CARRIED BY UNANIMOUS VOTE RESOLUTION NO. 2005-91 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 33635 (FOR CONDOMINIUM PURPOSES) FOR THE PROJECT KNOWN AS "BROOKSIDE TERRACE" LOCATED WITHIN PLANNING AREA NO. 5 OF THE CANYON HILLS SPECIFIC PLAN. MOVED BY KELLEY, SECONDED BY ffiCKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2005-92, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-23, BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND EXHIBITS, AND INCLUDING THE AMENDMENT TO CONDITION OF APPROVAL NO. 48. RESOLUTION NO. 2005-92 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING RESIDENTIAL DESIGN REVIEW NO. 2004-23 FOR THE PROJECT KNOWN AS `BROOKSIDE TERRACE" LOCATED WITHIN PLANNING AREA NO. 5 OF THE CANYON HILLS SPECIFIC PLAN. GENERAL CONDITION The applicant shall defend (with counsel acceptable to the Cityj, indenuiify, and hold harmless the City, iu Official, Officers, Employees, and Agents from anyclaim, action, or proceeding against the Ciry, its Official, Office~, Employees, or Agents to attach, set aside, void, or annul an approval of the Ciry, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the tune period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The Ciry will promptly notify the Applicant of any such claim, acuon, or proceeding against the Ciry 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 harmless the Ciry. Agenda Item No. Page_ol_ Page Twenty-three - City Council Minutes - July 26, 2005 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of sixty-four dollars ($64.00) to the Planning Division within 48 hours of the approval date for the required Environmental Filing. TENTATIVE CONDOMINILJM MAP NO. 33635 3. Tentative Parcel Nlap No. 33635 will e~ire two (2) yea~ from date of approval unless within that period of time the CC&R's and an appropriate instrument has been filed and recorded with the County Recorder, or an e~;tension of time is granted by the Ciry of Lake ELsinore City Council in accordance with the Subdivision Map Act. 4. The Tentative Parcel Map shall complywith the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, T"itle 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of Tentauve Parcel Map, the improvemenu specified herein and approved by the Plamiuig Cominission and the Ciry Council shall be installed, or agreemenu for said improvements, shall be submitted to the City for approval by the Ciry Engineer, and all other stated conditions shall be complied with. All uncompleted improvemenrs must be bonded for as part of the agreemenu. 6. Prior to the first certificate of occupancy the applicant shall prepare and record CC&R's against the condominium complex. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the Ciry Attorney. The CC&R's shall include methods of maiutaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all undeiground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&1Z's shall established methods to address design improvemenu. The applicant shall incorporate specific language into the CC&R's which restrict exiting at the secondaryaccess to emergencies only. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or joindy owned which have any righu 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 entiry shall operate under recorded CC&R's which shall include compulsory membership of all owners of lou and/or dwelling uniu and flexibility of assessments to meet changing cosu of maintenance, repairs, and services. Recorded CC&.R's shall pemut enforcement bythe Cityfor 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 applyto land dedicated to the Ciryfor public purposes. Agenda Item No. Page_of Page Twenty-four - City Council Minutes - July 26, 2005 9. Provisions to restrict parlflng upon other than approved and developed parking spaces shall be wriaen into the covenanu, conditions and restrictions for each project. 10. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreemenu shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association 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 mauner as to cause same to consutute a public nuisance, said City may, upon proper notice and hearing, institute sui7unary abatement procedures and impose a lien for the cosu of such abatement upon said common area, individual uniu or whole thereof as provided by law. 13. Each unit owner shall have full access to commonlyowned areas, facilities and utiliues. 14. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report prepared forthe CarryrmHills SpecificPlan 15. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable uniu in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. RESIDENTIAL DESIGN REVIEW NO. 2004-23 16. Design Review approval far Residential Design Review No. 2004-23 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 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. 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 Agenda I[em No. Page_of Page Twenty-five - City Council Minutes - July 26, 2005 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 Counci] through subsequentaction. 19. 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. 20. All exteriar 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. 21. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 22. No exterior roof ladders shall be permitted. 23. Applicant shall use roofing materials with Class "A" fire rating. 24. The Planning Division shall approve the location of any conshuction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 25. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Directar or designee. 26. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 27. On-site surface drainage shall not cross sidewalks. 28. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 29. 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 30. 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. Agenda I[em Na. Page_of Page Twenty-six - City Council Minutes - July 26, 2005 31. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right-of -way, subject to the approval of the City Engineer. 32. 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 priar to final landscape approval based on the ConsultanYs 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 to provide for 50% parking lot shading in fifteen (15) years. fl 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. Agenda Item No. Page_of Page Twenty-seven - City Council Minutes - July 26, 2005 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. 33. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Officia] prior to issuance of building permits and final approval. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 36. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time oFbuilding permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 37. ~ Deletedperthe Planning Cornmission onJune 21, 2005. 38. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. 39. Construct vehicle turn-around at each gated location. Turn-around shall be constructed outside the gate. Agenda Item No. Page_of Page Twenty-eight - City Council Minutes - July 26, 2005 40. Convey all slope drainage to street or storm drain system. System shall intercept significant storm run-off from encroaching onto the 15-foot building set-back or private driveway `A'. 41. All private drives shall meet with fire requirements with respect to road width, street slope and curve radius. 42. Landscaping adjacent to Canyon Hills Road shall be placed so as not to interfere with the sight distance of exiting vehicles. 43. On site storm run-off shall be detained unless otherwise provided for by the underlying project map. 44. Slope adjacent to Private Drive `A' shall be planted to reduce erosion. Drainage along the slope adjacent to Private Drive `A' shall be constructed to convey storm flows and nuisance imgation flows to an established drainage course. 45. Additional median cuts shall not be allowed unless otherwise approved by the City Engineer. 46. Parking shall not be allowed in any of the drive aisles except at designated spaces. 47. Project shall install provisions to convey off-site water to the public storm drain system. 48. Pay all development fees, including area drainage fee, TIF and Ti.JMF. 49. Provide drainage plan including hydrology and hydraulic information. 50. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). 52. 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. 53. 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 1634). Agenda I[em No. Page_of Page Twenty-nine - City Council Minutes - July 26, 2005 54. Street improvement plans and specifications shall be prepared by a Cali£ Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 1634). 55. 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). 56. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 58. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 59. 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. 60. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer unless otherwise provided. 61. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 62. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 63. 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 tract. 64. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Agenda I[em No. Page_of Page Thirty - City Council Minutes - July 26, 2005 65. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Cali£ 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. 66. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless provided by underlying subdivision map. 68. 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. 69. 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. 70. 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 obshuctions". 71. 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. 72. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 73. Meet all requirements of LEMC 15.68 regarding floodplain management. 74. The applicant to provide FEMA elevation certificates as applicable prior to certificate of occupancies. 75. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Agenda Item No. Page_of Page Thirty-one - City Council Minutes - July 26, 2005 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 connect directly through cuts in the street curb. Roof drains shall drain through a minimum 20-feet of landscaped area prior to entering into a closed drainage system. 78. 10 year storm runoff should be contained within the curb and the 100 year storm runoff shall 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. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board far 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 WQMP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 81. 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. 82. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 83. 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. COMMUNITYSERVICES DEPARTMENT 84. Applicant shall pay applicable park fees. 85. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. Agenda Item No. Page_of Page Thirty-two - City Council Minutes - July 26, 2005 86. The developer shall utilize CR&R for all construction debris removal, hauling, and recycling as per City ordinance. 87. The City landscape architect shall review and approve all landscaping plans. 88. The Home Owner's Association (HOA) shall maintain all landscaped areas including landscaping fronting Lakeshore Drive, open space, water quality basin and all interior plantings. 89. The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. 90. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). 91. Water quality basin outlet to meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRATIVE SERVICES 92. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-O1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 93. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.l 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. RIVERSIDE CO UNTY FIRE DEPARTMENT 94. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ardinances and/or recognized fire protection standards. 95. Blue retro-reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. Agenda Item No. Page_of Page Thirty-three - City Council Minutes - July 26, 2005 CONDITIONAL USE PERMIT NO 2005-08 96. Conditional Use Permit No. 2005-08 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 yeaz, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 97. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 98. The Conditional Use Permit granted herein shall nxn 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. 99. The applicant shall defend (with counsel acceptable to the Cityj, indenuiify, and hold harmless the City, iu Official, Officers, Employees, and P,gents from any claim, action, or proceeding against the Ciry, its Official, Officers, Employees, ar Agenu to attach, set aside, void, or annul an approval of the Ciry, iu advisory agencies, appeal boards, or legislative body conceming the Conditional Use Pemut/Design Review C 2003-07, which acuon is brought forward 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 Ciry fails to promptly notify the Applicant of any such claixn, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 100. Prior to final certificate of occupancy of the Conditional Use Pernut, the unprovements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvemenu, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements mtut be bonded for as part of the agreemenu. 101. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hou~ of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 102. Security lighting shall be required. All exterior on-site lighting shall be shielded and d'u-ected on-site so as not to create glare onto neighboring propeny and streeu or allow illumination above the horizontal plane of the fixture. Agenda Item No. Page_of Page Thirty-four - City Council Minutes - July 26, 2005 27. Commercial Design Review No. 2005-04 for EZ Lube at Lake Elsinore Market Place.(Fll0.2) Mayor Magee iniroduced the item and deferred to Planning Manager Preisendanz. Planning Manager Preisendanz gave an overview of the item. He indicated that they were relocating the building to a preferable location. He noted that it would still be on the same pad and lot. He advised that the Planning Commission was recommending approval. Mayor Magee opened the public hearing at 7:42 p.m. MOVED BY HICKMAN, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2005-93, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-04, BASED ON THE FINDINGS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL AND EXHIBITS. Mayor Magee closed the public hearing at 7:44 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2005-93 A RESOLUTION OF THE CITY OF LAKE ELSINORE CALIFORNIA, APPROVING COMMERCIAL DESIGN REVIEW NO. 2005-04, FOR THE DESIGN AND DEVELOPMENT OF A 1,854 SQUARE FOOT EXPRESS AUTOMOTIVE LUBRICATION FACILITY LOCATED ON PAD "T" OF THE LAKE ELSINORE MARKET PLACE, ASSESSOR PARCEL NO. 377-040-027 ON TPM NO. 23269. Agenda Item No. Page_of Page Thirty-five - City Council Minutes - July 26, 2005 GENERAL 1. The applicant shall defend (with counsel acceptable to the Cit}~, indemuify, and hold harmless the Ciry, iu Official, Officers, Employees, and Agenu from any claim, action, or proceeding against the City, iu Official, Officers, Employees, or Agenu to attach, set aside, void, or annul an approval of the Ciry, iu advisory agencies, appeal boards, or legislative body concerning the subject project known as"EZ Lube" at the Lake Elsinore Market Place located at 377-040-027, which action is brought within the tune period provided for in California Govemment 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, thereafrer, be responsible to defend, indemnify, or hold harmless the Ciry. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004021018). COMMERCIAL DESIGN REVIEW NO. 2005-04 3. The Design Review approval located on Pad "T", Parcel No. 377-040-027 of TPM No. 23269 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless priar to the expiration of one (1) 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. 4. 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. 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. 6. 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, ar the Planning Commission/City Council through subsequent action. Agenda Item No. Page_of Page Thirty-six - City Council Minutes - July 26, 2005 Any alteration or expansion of this Design Review approval shall be reviewed accarding to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinare Municipal Code. 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. 9. The applicant shall provide supplementary landscaping as shown on the site plan and the landscape plan in the form of ground cover and shrubs along the Northeast Elevation as wall as to provide the required screening of inechanical and electrical equipment from the drive aisle, pursuant to Section 1738.110.D of the Lake Elsinore Municipal Code. 10. 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. 11. All building signage shall comply with the Sign Program submitted to the Planning Division as well as Chapter 17.94 of the LEMC. The applicant shall apply for the appropriate permit with the Community Development Division. 12. Flagpole as noted on the site plan shall be no taller than twenty feet (20') and shall only be used to fly the American flag. 13. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 14. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 15. No exterior roof ladders shall be permitted. 16. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 17. 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. 18. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 19. On-site surface drainage shall not cross sidewalks. Agenda 1[em No. Page_of Page Thirty-seven - City Council Minutes - July 26, 2005 20. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. PRIOR TO BUILDING/GRADING PERMITS 21. Prior to issuance of any grading permit ar 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. 22. 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. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEER/NG 26. Clearly post directional signs to the service bay entrance. Show sign locations on a signing and striping plan to be approved by the City Traffic Engineer. 27. Comply with the developmenYs underlying Conditions of Approval. 28. Landscaping along northeasterly landscape island shall not obstnxct view of traffic exiting the proposed project parking lot. 29. Trash enclosure shall be situated such that trucks attempting to empty the bins do not block the traffic circulation of the adjacent business's parking or drive-through. 30. Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 31. Stacking for drive-through traffic on any pad shall not obstruct drive aisle circulation. 32. Pay all Capital Improvement and Plan Check fees (LEMC 1634, 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. Agenda 1[em No. Page_of Page Thirty-eight - City Council Minutes - July 26, 2005 33. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer anangements have been made for this project. Submit this letter prior to final map approval. 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8%" x 11 ° Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 36. Applicant shall submit a traffic control plan showing all traffic control devices for the project. All traffic control devices shall be installed prior to final inspection of public improvements. 37. 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 pattem 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. 38. Provide soils, geology and seismic report unless otherwise provided. 39. 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. 40. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 41. 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. 42. 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. Agenda ltem No. Page_of Page Thirty-nine - City Council Minutes - July 26, 2005 43. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 44. 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 COUNTYFIRE DEPARTMENT 45. The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Fire Department, dated May 23, 2005 and June 16, 2005. CONDITIONAL USE PERMIT 46. The Conditional Use Pemut approved herein shall lapse and shall become void one (1) year following the date on which the use pernut became effective, unless prior to the eapiration of one year a building pernut is issued and construction commenced and diligendy pursued toward completion on the site. 47. The Conditional Use Pemut shall comply with the all applicable requirements of the I.ake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 48. The Conditional Use Perxnit 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. 49. Prior to final certificate of occupancy of the Conditional Use Pernut, the improvements specified herein and approved by the Planning Coixunission and the City Council shall be installed, or agreemenu for said improvemenu, shall be submitted to the City for approval by the Ciry Engineer, and aU other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreemenu. 50. The hours of operation for the automotive express lubrication facility shall be limited to the hours of operation eapressed within the Business Plan submitted. 51. The applicant shall at all times comply with Secrion llJ8 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 52. The use of an outdoor public address system shall not be allowed. Agenda Item No. Page_of Page Forty - City Council Minutes - July 26, 2005 53. Security lighting shall be required. All ea~terior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring propeny and streeu 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 D'u-ector or designee. OUTSIDE AGENCIES LAKE ELSINORE POLICE DEPARTMENT 54. The applicant shall comply with all the conditions referenced in the attached letter from the Lake Elsinare Police Department, dated June 8, 2005. RIVERSIDE COUNTYHAZARDOUS MATERIALS DIVISION SS.The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Hazardous Materials Division, dated Apri120, 2005. BUSINESS ITEMS 31. Second Readine - Ordinance No. 1152 - A~ rp oving Zone Chanee No. 2005- O5.(F172.2) Mayar Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT ORDINANCE NO. ll52, UPON SECOND READING BY TITLE ONLY: 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- Agenda I[em No. Page_of Page Forty-one - City Council Minutes - July 26, 2005 001,002,011,012,391-240-011,012,391-240-001,390-170-001,391-260- 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 32. Branding subcommittee recommendation: Consideration of Branding Project alternatives and consultin~ services.(F:44.1)(F:70.1) Mayor Magee introduced the item and deferred to Branding subcommittee member Hickman. Councilman Hickman gave an overview of the item. He deferred to Information/Communications Manager Dennis and George Bloomfield of the George Bloomfield Group, Inc. for a presentation. George Bloomfield gave a more in depth overview of the item. He indicated that there were two altematives as listed in the staff report in which he felt were considerable. Kim Cousins, President of the Lake Elsinore Chamber of Commerce, commented that the he was in favor with the Council moving forward. He advised that it was a critical point in the venture of the City to invest in the future. He indicated it would give a more positive and clarified position with the community. He noted that currently there was no clear message for Age~da ltem No. Page_of Page Forty-two - City Council Minutes - July 26, 2005 the City. He suggested that Altemative 2 would be a more favorable decision. Councilman Buckley commented about the Murrieta logo. He indicated that people did not know if it was the mountain sides or the connection between 215 Freeway and 15 Freeway. He indicated that external research would help avoid those types of problems. Councilman Hickman noted that developers were willing to contribute $40,000 towards this project. He thanked Mr. Stringer of Pardee Homes far being one of the contributors. He suggested Alternative 2. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE ALTERNATIVE 2 AND AUTHORIZE THE CITY ATTORNEY TO PREPARE A PROFESSIONAL SERVICES AGREEMENT WITH GEORGE BLOOMFIELD OF THE BLOOMFIELD GROUP, INC FOR THE BRANDING PROJECT AND AUTHORIZE THE CITY MANAGER TO EXECUTE SAID PROFESSIONAL SERVICES AGREEMENT IN AN AMOUNT NOT TO EXCEED $53,000. Councilwoman Kelley indicated that when this first started she had vision just the branding, not a complete markering plan. She indicated that she could support Alternative 2, keeping in mind the price was $53,000; which was only for the design, not the implementation. Councilman Buckley suggested taking the opinion research-telepoll of $25,000 out of Alternative 1 and have it placed into Alternative 2 and removed the Alternative 2 focus group and used an informal focus group in the City. Mayor Magee indicated that he could not support the addirional funding for an opinion research-telepoll. He indicated that he could support the motion on the table, with the understanding that the Bloomfield Group would report back to the full Council with the results of the branding package. Mayor Pro Tem requested clarification that alternate logos would be part of the report. Mr. Bloomfield clarified that would be included in the report. Agenda [tem No. Page_of Page Forty-three - City Council Minutes - July 26, 2005 33. Animal Shelter O tions.(F:18.3)(F:18.4) Mayor Magee introduced the item and deferred to City Manager Brady. City Manager Brady gave an overview of the item and deferred to Community Services Director Sapp. Community Services Director Sapp explained that the staff had viewed three separate properties owned by the City that would be ideal for construction of a shelter. He referred Council to page 4 of 38, which reflected Exhibit "A". He noted the cost for three different temporary sites and the cost for a permanent facility, in comparison to the proposed cost for the Animal Friends/JPA; he recommended that staff continued participation with the JPA and move forward with the construction of the shelter. Ace Vallejos, 15231 Cobre Street, commented that he would recommend the City Council move forward with Animal Friends/JPA. He indicated that it would be more efficient, rather than the City taking on the full responsibility. Councilman Buckley commented that modern animal shelters were built essentially to hospital standards and the City was required by law to have a animal shelter. He indicated that the JPA would be having a tour of the San Diego facility and the public was invited to attend. Councilman Hickman indicated that $9 million was expensive and hoped that the JPA brought back a lower figure to the Council. Mayor Pro Tem Schiffner indicated that he was in favar of an animal shelter. He indicated that he wanted to know the exact cost before he committed. Councilwoman Kelley commented that the City was in need of a animal shelter. She concurred with other members of the Council that $9 million was expensive and urged the Councilman Buckley make sure that the Council's feelings were well voiced and they would like to see the budget trimmed where possible. She noted that Lake Elsinore would be responsible for paying 28.1 % of the shelter's cost, based on the amount of animals hzmed in from the Lake Elsinore area; and the Council had been assured that percentage wouid Agenda Item No. Page_of Page Forty-four - City Council Minutes - July 26, 2005 drop if the animals were not turned in from the Lake Elsinore area. She questioned who would be responsible for all of the calculations and make sure the numbers were accurate. Mayor Magee commented that from what he understood it to be, Animal Friends of the Valley audited annually and the numbers would be adjusted annually. Mrs. Anderson, representative of Animal Friends confirmed that Mayor Magee was correct. Councilman Buckley advised that the JPA would meet with each of the City's before there was any final commitment for funding. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO CONTINUE ITS PARTICIPATION AS A MEMBER OF TAE JOINT POWERS AUTHORITY (JPA) FOR THE SOUTHWEST COMMUNITIES FINANCING AUTHORITY FOR THE CONSTRUCTION OF A NEW ANIMAL SHELTER. Mayor Magee indicated that the City had not only a legal, but a moral obligation to provide humane treatment and shelter to domesticated animals that could not take care of themselves. He further indicated that Council had directed staff to come up with altematives to joining the JPA; and staff had brought back a very good report and commended Community Services Director Sapp on the staff report. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 34. Selection and Appointment of Public Safety Advisory Commissioners and Planning Commissioner.(F:44.1)(F:59.6)(F:60.2) Mayor Magee gave an overview of the item. He commented that he and Councilwoman Kelley were the subcommittee that reviewed the applications and conducted the interviews. He further commented that they have brought recommendations forward to the full Council. He noted that they had received a total of 20 applications for the tYu~ee positions. He introduced Valerie Sund and Axel Zanelli for the appointees to the Public Safety Advisory Commission and Fred Francia for the appointee to the Planning Commission. Agenda I[em No. Page_of Page Forty-~ve - City Council Minutes - July 26, 2005 MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT VALERIE SUND AND AXEL ZANELLI TO THE PUBLIC SAFETY ADVISORY COMMISSION. Mayor Magee invited Mrs. Sund and Mr. Zanelli to speak to the public. Mrs. Sund thanked the Council for the appointment. She noted that she was a 14- year City resident and had been involved with volunteer work in the community. Mr. Zanelli thanked the Council for the appointment. He noted that he was a 5-year City resident and was a retired Fireman. Mayor Magee introduced Mr. Francia and invited him to speak to the public. Councilman Buckley noted that consistent with City Policy 200-Sb, Section b, sub-paragraph 2, he would be happy to move the approval of Mr. Francia to the Planning Commission, but he would request that Mr. Francia step down from the General Plan Advisory Committee. Mr. Francia commented that he would step down from the GPAC. He thanked Council for the appointment. He indicated that the GPAC was doing an excellent job and he would not be missed. He also thanked his wife for her support. MOVED BY BUCKLEY, SECONDED BY KELLEY TO APPOINT FRED FRANCIA TO THE PLANNING COMMISSION AND ACCEPT HIS RESIGNATION FROM THE GENERAL PLAN ADVISORY COMMITTEE; AND APPOINT THE CITY RESIDENT THAT WAS LISTED AS AN ALTERNATE TO THAT SEAT. Mayor Magee explained that Mr. Tim Fleming would no longer be an alternate member, but a full member of the GPAC. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:19 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:41 P.M. Agenda I[em No. Page_of Page Forty-six - City Council Minutes - July 26, 2005 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 30th - INT Waterski/Wakeboard Competition Aug 6`" - Household Hazardous Waste Collection Aug 6`h - Ophelia Theatre Group and the Elsinore Valley Arts Network Presents "Jakes Women" by Neil Simon Aug 13th - Music With A View Concert Series - Brian Lynn Jones and the Misfit Cowboys Aug 13`h - Canyon Lake Wakeboard Club Wakeboard Competition CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS No comments. Agenda I[em No. Page_of Page Forty-seven - City Council Minutes - July 26, 2005 CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) She encouraged everyone to attend the Music With a View Concert Series. Mayor Pro Tem Schiffner commented on the following: 1) He expressed his appreciation for the appointees to the Commissions. Councilman Hickman commented on the following: 1) He thanked the Chamber of Commerce for the reverse drawing. 2) He thanked Jerry Hortmaz and Ruth Atkins for the money they donated to H.O.P.E. from the reverse drawing. 3) He suggested that all senior citizens interested in the rent and property rebate contact the Senior Citizen Center at 674-2526. Councilman Buckley commented on the following: 1) He welcomed the new City employees and appointees 2) He announced the Historical Society would be having an estate sale in the basement of the Cultural Center on August 4`", Sth, and 6`h, 7 a.m. until noon. Mayor Magee commented on the following: 1) He scheduled a Joint Study Session for the City Council, Planning Commission and Public Safety Advisory Commission for Tuesday, August 30`h at 4 p.m. at the Cultural Center. He requested staff contact the commissioners. Agenda I[em No. Page_of Page Forty-eight - City Council Minutes - July 26, 2005 ADJOURNMENT The Regular City Council Meeting was adj ROBERT E. MA(~EE, MAYOR CITY OF LAKE ELSINORE ATTEST: ~'REDERIC~:iC~: Y, DEPUTY CITY CLERK CITY OF L ELSINORE Agenda Item No. Page_of