Loading...
HomeMy WebLinkAbout02-10-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10,2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5 :00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Director of Lake & Aquatic Resources Kilroy, Information/Communications Manager Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) (3) (C) ofGov't Section 54956.9 (2 cases). (F:40.1)(X:52.1) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager. (F:46.1) City Attorney Leibold announced the Closed Session Items as listed above. Page Two - City Council Minutes - February 10,2004 - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:15 P.M. The Closed Session discussion was completed at 7:05 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:15 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Reverend Don Butenshon. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection and asked everyone to keep in their thoughts Connie Whittaker and Carl Brewster. - PRESENTATIONS/CEREMONIALS a. Chamber of Commerce Update (F:I08.4) Chairman of the Board Jack McColley gave an update. He commented the Chamber of Commerce started the New Year with their annual awards and swearing in of their 2004 Executive Officers and Board of Directors at their recent 55th Annual Installation Dinner. The 2003 Citizens of the Year were Pastors Fred Rodriguez and Russ Stewart of First Assembly Of God Church. The 2003 President's Award winner was Carmen Malone of High Grove Restaurants, 2003 Small Business of the Year winner was Wells Fargo Bank, and 2003 Large Business of the Year winner was High Grove Restaurants. The 2003 John Packman Memorial Award winner was Sonya Wilson. He noted there were new titles for some of the Executive Officers and announced the new office manager was Amy McColley. He congratulated the first new members of the new premier membership program. He noted the first EDC Luncheon and Business Program of - Page Three - City Council Minutes - February 10,2004 2004 would be held February 12,2004, 11 :30 a.m. - 1 :00 p.m. at the Diamond Stadium in the Diamond Club. He announced that the Chamber was hosting a Candidates Forum for Riverside County Supervisors, and reservations were required by noon on February 11,2004. He indicated they would also honor the February Business of the Month (Lake Elsinore Florist and Gifts). Ed Aguirre would be taping the forum and Comcast would be airing the video on channel 29 on 2/18/04 (7p.m.), 2/23/04 (7p.m.), 2/25/04 (7p.m.) and 3/1/04 (7p.m.). He further announced the next Student of the Month Luncheon would be 2/24/04 (noon) at the Lake Elsinore Sizzler. The first Business Mixer would be held on 2/26/04 at the Lake Elsinore Woman's Club at 5:30 p.m. 7:30 p.m. and hosted by the Lake Elsinore Woman's Club, Lake Elsinore Valley Arts Network and Lake Elsinore Historical Society. The annual calendar of events could be accessed online at www.levcc.org. The Chamber was recruiting new members for their Ambassador Committee. He spoke highly of Connie Whittaker and Carl Brewster and indicated they would be sorely missed. He commented that the First Christian Church would be holding a memorial for Connie Whittaker; and Carl Brewster had no local family, but did have family that would be coming from out of town. He noted the Chamber would make every attempt to keep the community updated. Mayor Buckley asked Chairman McColley to post all information on the Chamber website. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE No comments. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4-0, COUNCILMEMBER MAGEE ABSTAINING FROM VOTE TO APPROVE THE CONSENT CALENDAR WITH THE TYPOGRAPHICAL CORRECTIONS TO BE MADE TO ITEMS lA AND IB AND APPROVE FINAL MAP 30492, FINAL MAP 30492-4 AND FINAL MAP 30754. Page Four - City Council Minutes - February 10,2004 - 1. The following Minutes were approved: a. City Council/Redevelopment Agency Study Session- December 9, 2003. b. City Council Study Session - December 17, 2003. c. City Council Study Session - January 22, 2004. d. City Council/Redevelopment Agency Study Session - January 27, 2004. e. Regular City Council Meeting-January 27, 2004. (F:44.4) 2. Ratified the Warrant List of January 29, 2004. (F:12.3) PUBLIC HEARINGS 21. Tentative Tract Map No. 31917 - K. Hovnanian Forecast Homes - North of McVicker Park and West of Grand Avenue and Lincoln Street within the La Laguna Estates Specific Plan Area. (F:160.2) - Mayor Buckley opened the public hearing at 7 :25 p.m. Community Development Director Brady indicated the map was part of the La Laguna Estates Specific Plan Project. The map before Council was to subdivide 51 acres into 98 single family lots and five open space lettered lots; on January 20, 2004 the Planning Commission held a Public Hearing on this item and reviewed the Tentative Tract Map, there were some modifications made to the conditions of approval recommended to the City Council at the 4:00 p.m. Study Session. He noted Condition #16 that addressed the construction hours of operation. Staff had recommended Monday through Friday, but the Planning Commission recommended including Saturday. He indicated that on Conditions #79, 80, and 81 there was inquiry regarding the funding of the signals; he clarified the wording - "said signal may be funded by CFD monies if available and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan", that same wording would be included in #79, 80, and 81. He detailed the location of the project north of McVicker Park. The lots ranged in size from 6,000 sq.ft. to 27,000 sq.ft; and - Page Five - City Council Minutes - February 10,2004 the average lot size was 10,114 sq.ft. The models they would be using were the same models they were currently constructing in their other tracts. Steven Ford, Forecast Homes, indicated that they had read the conditions and mentioned on page 3 of 34 they stated "hauling trucks shall not operate on a Saturday" and it was related to the McVicker roadway by the park and they did not want to preclude any hauling trucks, but it was to facilitate if there was a need for moving dirt on and off the site, but they would not be doing any hauling. Mayor Buckley indicated the page Mr. Ford was referring to was page 6 of34 and it was part of Condition #16. Mr. Ford indicated their understanding was that the traffic signals were a reimbursement through the CFD. Ron Hewison, 35 Villa Val Telena, indicated that he was not there to speak on the Forecast Homes, but was there to speak on Condition #16. He indicated about four years ago he had a similar situation arise with the Community Development Director; and he had obtained an e-mail from him, which categorically confirmed even though the conditions did not include Saturday work, Saturday working would not be permitted because of a City noise ordinance. He indicated that he was surprised to see now there seemed to be flexibility that did permit, despite giving written assurance to residents that this could happen. He commented that the Horton Development worked a full eight to ten hour day on Saturday, February 7, 2004; and on Sunday, February 8, 2004, they were on site before 6:00 a.m. and the final truck was not pulled off the site until 12:00 p.m. He commented they were doing full grading and tunneling and he requested that some attention be given to the cleanliness of the site, as there were no trash cans available onsite. Dan Uh1ry, 103 Flint Street, indicated on the Saturday workday the Developer requested that the Planning Commission add Saturday work. The Planning Commission felt due to the traffic with McVicker Park they did not want any hauling done on McVicker Road on Saturdays. The Planning Commission had no objections because the project was back in the hills. Page Six - City Council Minutes - February 10,2004 - Mayor Buckley closed the public hearing at 7:35 p.m. Councilman Schiffner suggested adding to the Conditions of Approval- The opportunity to work on Saturdays would be dependant upon the Community Development Department, depending on the number of complaints that they received; and they could suspend the Saturday work if the complaints were excessive enough that they felt they should suspend Saturday work. Councilman Magee noted that there was no lot less than 6,500 sq.ft. and the average lot size was over 10,000 sq. ft. He indicated in July, 2003 he attended a Council Meeting were several homeowners came and complained to Council about this particular developer, about the violations in respect to working hours, dust, etc. He indicated that he would feel more comfortable if the developer had complied and if Mr. Woodward and his neighbors had attended the Council Meeting or prepared a letter that indicated they had no problem with this project moving forward on a Saturday. He understood Commissioner Uhlry comment with respect to how far back this site was in the hills, however - he felt it was an ample theater back there, that when the equipment started up, the noise would come right back down the canyon and at 7:00 a.m. on a Saturday the Council would receive complaints. He commented on a weekly memo that was prepared by the City Manager were he indicated, "Forecast Homes had not been willing to work with Staff and will receive daily citation beginning Monday, February 9 until compliant with their conditions of approval." He noted a particular sentence dealt with the developer using an outside trash hauler violating the City's agreement with CR&R. He inquired when the first notice to comply was sent out and when if ever they had complied. City Manager Watenpaugh commented that he was not sure when the first notice to comply went out, but they were currently in compliance and deferred to Community Development Director Brady and Community Services Director Sapp. Community Development Director Brady commented that the conditions of approval required the developer to use CR&R; that was a standard condition, _ Page Seven - City Council Minutes - February 10,2004 because of the requirements the City had to recycle and to meet the City's recycling requirements through the State, or the City would be fined. The developer signs an acknowledgement of those conditions of approval. He did not know when a specific notice was sent to the developer, but it was discussed with them, that they would need to bring this into compliance or they would be shut down. Councilman Magee inquired if the situation had been going on more than 30 days. Community Development Director Brady confirmed. Councilman Magee inquired if longer than six months. Community Development Director Brady commented that probably since the beginning of the project he believed they had used a different trash hauler. Councilman Magee commented that suddenly before the public hearing they were now in compliance. Councilman Magee commented that it was a good project and he liked the lot sizes, however he did not want to receive complaints on Saturday mornings from those same residents that had complained before; and based on the track record he could not support allowing the developer to work on Saturdays. Mayor Pro Tern Kelley agreed with Councilman Magee and recalled that particular Council Meeting. She indicated that based on the compliance issues she could not support working on Saturdays. Councilman Hickman asked Community Development Director Brady to follow up with Horton in Tuscany Hills to make sure they had a contract with CR&R. He asked Mr. Ford if they would be able to comply with getting the traffic signals installed and operating, to remain in compliance. Mayor Buckley inquired when the signals would be operational. Mr. Ford indicated that he had given a memo to the City Engineer regarding the traffic signals. He noted the posts were in place and the electrical was completed, the arms of poles were lying on the ground ready to be raised. He further noted that 2/14/2004 was the scheduled date for the poles to be raised and the controller would be in on 2/13/2004; and installed on 2/17/2004 on the first signal and 2/23/2004 on the second signal. Page Eight - City Council Minutes - February 10,2004 - Mayor Buckley indicated that there had been no other development that he had received more complaints about than this particular development. He commented he did not want to reward poor behavior by allowing extra work on Saturday. He also commented on Horton development in Tuscany working on Sunday and reiterated to Community Development Brady to follow up on that issue. He noted normally when developers worked on a Saturday they would just be shut down and resume business the next day without serious consequences for violating the conditions of approval. He indicated at the 4:00 p.m. Study Session there was discussion on potentially modifying condition #88. He deferred to City Attorney Leibold. City Attorney Leibold indicated that Condition #88 as written required a $5,000 performance bond to guard against any potential future violation of the City's noise ordinance or Condition of Approval #16. She suggested a cash deposit that could be drawn upon in the event of violations and encourage Council to impose that requirement only upon the first violation as opposed to a condition of approval that would go into effect immediately. - Mayor Buckley deferred to City Manager Watenpaugh regarding cost recovery. City Manager Watenpaugh commented that cost recovery was all of the developers putting in a cash deposit; and staff drawing against the deposit; and when it was depleted another deposit was made before services were rendered. City Attorney Leibold inquired if law enforcement costs that were not reasonably part of the Sheriff Office; would customarily be drawn down that activity. City Manager Watenpaugh commented that he was not aware of ever withdrawing for police services. City Attorney Leibold indicated she was referring to community development services not the Sheriff is Department. Page Nine - City Council Minutes - February 10,2004 Community Development Director Brady indicated that cost recovery was for the processing of the project. He noted if Code Enforcement was sent out it would not be charged against the deposit. He indicated the intent of this condition was to have a separate deposit. City Attorney Leibold clarified that it was a deposit separate and apart from the entitlement processing. Mayor Buckley confirmed. He noted essentially it would be money set aside for every time there was a complaint and a City employee had to go to the site to resolve the issue, the money would come immediately out of that deposit. City Attorney Leibold suggested a Condition #88 that read as follows: Upon violation by applicant of the City's Noise Ordinance and for Condition of Approval # 16, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval # 16. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000." Mr. Ford indicated that he agreed with Councilman Magee's statements. He noted the nearby residents of the first site had his home number and he had also received complaints. He commented that they had taken the complaints very seriously and enforced their policies with their suppliers and subcontractors. He indicated their was an awkward situation at Sunswept, which was contingent from the beginning, with people that had an ax to grind and even when there is blowing wind it was their (Forecast Homes) fault. He commented that they had taken care of those issues and posted their bond and no one had asked to go against their $5,000 bond. He noted he took exception to the Council's comments with regards to their character and the way they had handled the complaints. He indicated that Carol Donahoe extended their notice documents and their perimeter, because it was contiguous ownership. He commented that on the trash hauling compliance there was verbiage originally Page Ten - City Council Minutes - February 10,2004 - that they felt if they were hauling things to the dump then they would not need to use CR&R. He noted the City had a memo and there was conference call with their Counsel and Community Development Director Brady discussing CR&R and the conditions and how it was to be handled. He noted other developers were not handling it the same way. He explained their trash hauling went to recycling from where there contractor had it; and they were now using CR&R (which was an extra cost) and were revamping all of their contracts so that they were going to put the trash into the containers, so the City would receive full credit for the reduction of the waste. He commented they were not resolving this issue because of this hearing it had been a long standing issue. They requested a Saturday workday because the City Noise Ordinance allowed for construction work Monday through Saturday; and their Specific Plan reflected construction activity Monday through Saturday. There was special imposition on them on Tract Map 30788 because of the proximity of the homeowners. He noted there had not been one complaint since the second phase had been underway. He did not understand the stipulation for something that was done, acknowledged and resolved. - Mayor Pro Tem Kelley inquired of the other developments in the City, were there any developers allowed to work on Saturdays. City Manager Watenpaugh deferred to Community Development Director Brady. Community Development Director Brady explained that it had been Staff s recommendation because of these issues, if there were any development in close proximity to residential homes Staff recommended that it only be allowed Monday through Friday, but the applicant could request a Saturday workday. He commented it had been Staff s position to only allow Monday through Friday, and normally Staff found out about a developer working on weekends when someone complained to Staff. Councilman Magee addressed Mr. Ford and clarified that he did not use the word character when discussing the issues with his company and if he did he apologized. He explained his issue was performance, and with respect to City _ Page Eleven - City Council Minutes - February 10,2004 Staff expanding the circle of notices; he commended Staff. He commented that Forecast Homes had known for over six months that CR&R was the required hauler, which was in the Conditions of Approval and did not understand why the developer did not use CR&R. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP 31917 SUBJECT TO THE MODIFICATIONS TO CONDITION NO. 88 AS READ INTO THE RECORD BY THE CITY ATTORNEY AND A MODIFICATION TO CONDITION NO. 16 THAT WOULD PRECLUDE CONSTRUCTION ON SATURDAYS, BASED ON EXHIBIT E AND RECOMMENDED FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92-4, and therefore, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The map proposes single family residential lots that exceed the Specific Plan lot size minimum. The map supports the circulation plan outlined in the Specific Plan. The map provides open space areas that protect the natural topography and views. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. The map is consistent with Section 3.1.2.f. - Land Use Guidelines and Standards, and Section 6.2.6.a. - Density Transfer Provisions, of Amendment No. 1 to the Specific Plan. 3. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Such concerns Page Twelve - City Council Minutes - February 10,2004 - were considered in the adopted Environmental Impact Report No. 92-2 (EIR) for the La Laguna Estates Specific Plan. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. Conditions of Approval include adherence to previously adopted mitigation measures for the Specific Plan. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. Such concerns were considered in the adopted Environmental Impact Report No. 92-2 (EIR) for the La Laguna Estates Specific Plan. 6. The design of the proposed division on land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. - Italics indicate verbiage added; strikethrough indicates verbiage deleted. PLANNING DIVISION 1. Tentative Tract Map No. 31917 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 31917 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. Page Thirteen - City Council Minutes - February 10,2004 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 31917, which action is brought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: 5. The applicant shall comply with the requirements of the Elsinore V alley Municipal Water District, as noted in their transmittal dated November 13, 2003 attached. 6. The applicant shall comply with all Conditions of Approval by the Riverside County Fire Department, as listed in their transmittal dated November 19, 2003 attached. 7. All lots shall comply with minimum standards contained in the Development Standards approved with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92-4. Where these standards are silent Title 16 of the Lake Elsinore Municipal Code shall apply. 8. All cul-de-sac streets shall comply with the maximum length of 1,000 feet, as allowed in the La Laguna Estates Specific Plan. Page Fourteen - City Council Minutes - February 10,2004 - 9. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 10. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 11. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 12. The applicant shall comply with the Mitigation Monitoring Program prepared and updated for Amendment No.1 to the La Laguna Estates Specific Plan No. 92-4. 13. The applicant shall provide evidence that the Covenants, Conditions and Restrictions (CC & R's) for the existing Homeowners' Association in La Laguna Estates has been updated to incorporate the boundaries of this map. The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. - 14. The Final Map shall identify the downslopes within Lots # 14 and #78 as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 15. Construction on the property covered by this map is subject to all the Conditions of Approval of the La Laguna Estates Specific Plan, Amendments, and underlying Parcel Map No. 31011, unless superceded by these conditions. 16. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Saturday. Construction activity shall not take place on Sunday or any legal holidays. - Page Fifteen - City Council Minutes - February 10,2004 17. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 18. Prior to issuance of the first building permit, the applicant shall annex into Community Facilities District 2003-1 and Lighting, Landscaping and Maintenance District No.1, to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City, including city-wide improvements and facilities relating to fire and police protection, and to offset the negative fiscal impacts of the project on City maintained lighting and landscaping. 19. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 20. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with City Standards. 21. The applicant shall meet all requirements of the providing electric utility company. 22. The applicant shall meet all requirements of the providing gas utility company. Page Sixteen - City Council Minutes - February 10,2004 - 23. The applicant shall meet all requirements of the providing telephone utility company. 24. A bond is required guaranteeing the removal of all trailers used during construction. 25. All signage shall be subject to Planning Division review and approval prior to installati on. 26. Landscape Plans for the tract shall include vegetative screening of all retention basins. 27. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and - cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 28. All future structural development associated with this map requires separate Design Review approval. 29. Elevation drawings for Design Review shall include four-sided architectural features. 30. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 31. A detailed fencing plan shall be required for review and approval during the Design Review process. _ Page Seventeen - City Council Minutes - February 10,2004 32. A detailed phasing plan shall be required for review and approval during the Design Review process. These plans shall include the location of construction fencing for each phase. ENGINEERING DIVISION 33. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 34. Developer shall construct the circulation element of the Amended Specific Plan as shown in the traffic study. 35. Pay all Plan Check fees (LEMC 16.34, Resolution 85-26). 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 final map approval. 37. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 38. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). ' 39. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 40. Desirable design grade for local streets should not exceed 9%. The maximum grade of 15% should only be used because of design constraints. Page Eighteen - City Council Minutes - February 10,2004 - 41. Design of the cul-de-sac at the end to A Drive and Me Vicker Canyon Park Road shall be approved by the Riverside County Fire Dept. prior to final map approval. 42. F Street shall have a 49-foot right-of-way with a 3-foot parkway on the side of the street without homes. 43. 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). 44. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11 II Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 45. The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. - 46. Applicant shall obtain all necessary off-site easements and/or permission to grade for off-site grading from the adjacent property owners prior to final map approval and/or grading plan approval, whichever occurs first. 47. Applicant shall mitigate any erosion or flooding on Lot #65 which may occur from brow ditches on offsite slopes, or property owner of Lot #65 must execute a drainage acceptance document. 48. Provide fire protection facilities as required in writing by Riverside County Fire. 49. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 50. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. _ Page Nineteen - City Council Minutes - February 10,2004 51. 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. 52. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 53. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54. Apply and obtain a grading permit with appropriate security. A grading plan must signed and stamped by a Calif. Registered Civil Engineer, subject to the approval of the City Engineer. 55. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56. An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 57. 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. 58. Individua110t 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. Page Twenty - City Council Minutes - February 10,2004 - 59. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 60. 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. 61. 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. 62. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 63. 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. 64. Storm drain inlet structures for open space areas shall be provided with a basin to prevent silt and trash from entering into the storm drain pipe. 65. 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. The applicant may submit an alternative drainage system plan for any lot for consideration and approval by the City Engineer. 66. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 67. Verify that the proposed storm drain is connecting to an existing storm drain that has the capacity to accept the additional storm water runoff and provide mitigation if the downstream storm drain does not have the capacity for the - Page Twenty-One - City Council Minutes - February 10,2004 increased runoff. 68. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 69. Construct an emergency spillway for the catch basin at the cul-de-sac on Street F. 70. Construct an emergency spillway for detention basins A and B. 71. Show a detail of the concrete brow ditches that drain from the slope to outletting into the street. From the toe of the slope to the outlet in the street, the drainage facility should be a pipe underground. 72. The inlet storm drain facility at the end of A Drive shall be owned and maintained by the HOA. 73. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 74. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 75. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 76. 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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Page Twenty-Two - City Council Minutes - February 10,2004 - Drainage Area Management Plan. 77. Intersection site distance shall meet the design criteria of the CAL TRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 78. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 79. Developer shall design and construct a traffic signal at the intersection of Lincoln St. and Westwind Drive. The traffic signal shall be installed and operational at the first certificate of occupancy. Said signal shall be funded by CFD monies and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan. - Revised by the Planning Commission, January 20, 2004. 80. Developer shall design and construct a traffic signal at the intersection of Grand Avenue and McVicker Canyon Park Road. The applicant shall install the traffic signal and it shall be operating prior to the issuance of the first certificate of occupancy. Said signal shall be funded by CFD monies and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan. 81. Developer shall design and construct a traffic signal at the intersection of Grand Avenue and Audelo Street. The applicant shall install the traffic signal and it shall be operating prior to the issuance of the first certificate of occupancy. Said signal shall be funded by CFD monies and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan. 82. No residential lot shall front and access shall be restricted on McVicker Park - Page Twenty-Three - City Council Minutes - February 10,2004 Road and so noted on the final map. 83. Applicant shall record CC & R's for the tract prohibiting on-street storage of boats, motor homes, trailer, and trucks over one-ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 84. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and concrete brow ditches. 85. Developer shall provide an approved open space conservation easement for the tract's open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. 86. All open space and slopes except for public parks and schools, outside the public right-of-way will be owned and maintained by either a home owner's association or private property owner. Concrete brow ditches on slopes will be owned and maintained by a HOA or private property owner. 87. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 88. Upon violation by applicant of the City's Noise Ordinance and for Condition of Approval # 16, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval # 16. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. Page Twenty-Four - City Council Minutes - February 10,2004 - COMMUNITY SERVICES DISTRICT 89. The applicant shall provide information on the District's "Project Inventory" list. 90. Applicant shall pay $156,800 in Park fees. 91. The HOA shall maintain all drainage facilities, culverts, retention areas, trail, public parkways, slopes, entry monuments and open space. (End of Conditions) 22. Tentative Parcel Map No. 29996. Mitigated Negative Declaration No. 2003- 04 and Design Review of Industrial Proiect No. I 2003-05-Southwest of Collier Avenue on Hunco Way within the Collier Avenue Business Park. (F: 11 0.2) - Mayor Buckley opened the public hearing at 7:56 p.m. Community Development Director Brady gave an overview of the item. He explained the item presented to the Council was a subdivision of 10 acres of land into eight parcels. The total square footage of buildings being proposed was 131,770 sq.ft. and the buildings would range in size from 9,270 sq.ft. to 27,000 sq.ft. The design was similar to the existing buildings along Hunco Way. The Planning Commission did review the item on January 20, 2004 and recommended approval of the Tentative Parcel Map No. 29996, the Mitigated Negative Declaration No. 2003-04 and the Design Review to the City Council; they also approved a conditional use permit for outdoor storage which would be associated with the outdoor areas of the industrial buildings themselves. He indicated there was a clarification regarding the staff report; the conditions indicated there was a storm drain that needed to be installed from Collier Avenue through Hunco Way, passing through Pasadena and into the Outflow Channel, and the condition read "The construction of the storm drains shall be completed prior to the issuance of any certificates of occupancy". The staff report indicated it had to be completed prior to the start of construction. He - Page Twenty-Five - City Council Minutes - February 10,2004 commented he wanted to clarify that condition, so the condition reflected the correct requirement. Mayor Buckley indicated he was concerned about the back wall with a couple of loading docks and Mr. Brady explained that would be facing the back of another building. He inquired if it would be visible from the streets. Mr. Wakefield advised it would not be visible from the streets. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE MITIGATED NEGATIVE DECLARATION NO. 2003-04, BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 29996 BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT NO. I 2003-05 BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. FINDINGS Tentative Parcel Map 29996 1. The proposed subdivision, together with the proVlsiOns for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Twenty-Six - City Council Minutes - February 10,2004 - The project as designed assists in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element). Furthermore, industrial land uses are encouraged to add to the City's economic base. All design and improvement are consistent with the General Plan and Zoning Ordinance. 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The development of an Industrial project can have indirect effects on the housing needs of the region. Again Staff finds that the affects this project is likelY to have upon the housing needs of the region will contribute to achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. _ Mitigated Negative Declaration No. 2003-04 has been completed and mitigation measures required. The project has been adequatelY conditioned by all applicable departments and agencies including all mitigation measures, therefore staff finds that the project will no result in any significant environmental impacts. PLANNING DIVISION (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approvaL The exact fee amounts will be reviewed at the time of buildingpermit issuance and mcry be raised.) 1. Tentative Parcel Map No. 29996 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Parcel Map No. 29996 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. _ Page Twenty-Seven - City Council Minutes - February 10,2004 3. Approval of this subdivision is subject to the mitigations measures listed within the Mitigated Negative Declaration No. 2003-04 4. 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 Tentative Parcel Map No. 29996, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Parcel Map approval. 6. Prior to final map approval of Tentative Parcel Map No. 29996, the improvements specified herein and recommended approved by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 7. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page Twenty-Eight - City Council Minutes - February 10,2004 - 8. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 10. Pay all applicable park fees in force at time of issuance of building permits. 11. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and proftles for submittal to the EVMWD. 12. Meet all requirements of the providing electric utility company. 13. Meet all requirements of the providing gas utility company. - 14. Meet all requirements of the providing telephone utility company. 15. The applicant shall comply with all requirements of the Riverside County Fire Department. 16. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. 17. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. ENGINEERING 18. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 19. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- - Page Twenty-Nine - City Council Minutes - February 10,2004 26). The traffic mitigation fee is $0.71 per sq. foot for industrial building area and the drainage fee is $4,660 per acre. 20. Submit a "Will Serve" letter to the City Engineering Department from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 21. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 22. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 23. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 24. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 25. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 26. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V2" x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. 27. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 28. Arrangements for relocation of utility company facilities (power poles, vaults, Page Thirty - City Council Minutes - February 10,2004 - etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Construction shall be completed prior to issuance of building permit. Construction shall comply with Title 16 regulations. 29. Provide fire protection facilities as required in writing by Riverside County Fire. 30. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 31. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 32. 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. 33. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. - 34. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 35. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Calif. Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 36. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. - Page Thirty-One - City Council Minutes - February 10,2004 38. 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. 39. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating "Drainage easements shall be kept free of buildings and obstructions". 40. 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. 41. 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. 42. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 43. 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. 44. Roof drains shall outlet onto landscaped areas where ever feasible. 45. Applicant shall construct a storm drain from Collier Ave. to Outlet Channel and be reimbursed from the drainage district any costs that exceed their drainage fees. Construction shall comply with Title 16 regulations. Construction of the storm drain improvements shall be completed prior to issuance of any Certificate of Occupanry. Added at Planning Commission January 20,2004 46. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. Page Thirty-Two - City Council Minutes - February 10,2004 - 47. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 48. Applicant shall provide the city with proof of his having f1led a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for outdoor storage, and vehicle maintenance. And provide other education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP's in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 49. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. - 50. 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. 51. Applicant shall cause to be recorded a CC&R which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney prior to final map approval. The CC&R shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 52. Developer shall contribute $22,500 towards the design and construction for a future traffic signal at the intersection of Collier Ave. and Hunco Way. This - Page Thirty-Three - City Council Minutes - February 10,2004 development will necessitate the need for a traffic signal at this intersection in the future and should contribute their fair share. 53. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 54. Development shall dedicate and construct full ha!f width street improvements for the prq/ect frontage of Pasadena Street. The improvements shall be designed and constructed to compfy with the general plan circulation ha!f-width of 45feet from the centerline of Pasadena Street to the project propertY line. Development shall provide for a transition between the frontage improvements and the existing road width. Added at Planning Commission January 20,2004 INDUSTRIAL PROJECT 2003-05/CUP NO. 2003-09 PLANNING 1. Design Review approval for Industrial Project No. I 2003-05 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. 2. 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. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Page Thirty-Four - City Council Minutes - February 10,2004 - Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/ City Council through subsequent action. 4. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 5. 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. 6. 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. - 7. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 8. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 9. The applicant shall construct a 6 foot decorative masonry wall with pilasters along the exterior boundary of the project. 10. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates. If precision block is used, the block shall be painted a color to match the associated building per the review and approval of the Community Development Director or designee. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped planter is required on each side of the trash enclosure. - Page Thirty-Five - City Council Minutes - February 10,2004 12. No exterior roofladders shall be permitted. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All exterior downspouts shall be painted to match with building exterior color. 15. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 16. 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. 17. On-site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 19. 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 Landscape Architectural Consultant and Planning Division. PRIOR TO BUILDING/GRADING PERMITS 20. 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. 21. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. Page Thirty-Six - City Council Minutes - February 10, 2004 - 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. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. - g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval! acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occunancv is reauested for any - Page Thirty-Seven - City Council Minutes - February 10,2004 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. 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION 5. Industrial project I 2003-05 will be required to meet all applicable conditions of approval for Parcel Map 29996 at the appropriate development phase. 6. All Public Works applicable requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) at the appropriate development phase. 7. 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. SIGN PROGRAM 8. The Sign Program shall add the following change in text, "All wall signs shall not exceed one square foot of sign area per one linear foot of building frontage. Any Page Thirty-Eight - City Council Minutes - February 10,2004 - other changes to the Sign Program will require review and approval by the Community Development Director or Designee. 9. The applicant shall apply for a sign permit and pay appropriate fees for any sign installed at the project site. * Italics indicates addition to text, strikethrough indicates removal from text. Mayor Buckley closed the public hearing at 8 :00 p.m. BUSINESS ITEMS 31. July 4th Fireworks. (F:62.1) City Manager Watenpaugh gave an overview of the item and deferred to Community Services Director Sapp. - Community Services Director Sapp explained over the past several years the Lake Elsinore Storm had provided fireworks displays on July 4th primarily because the scheduler had the Storm at home on this date; however this year they would be out of town. The Community Services Department along with Lake & Aquatic Resource Department and Lake Patrol collaborated the idea of having a fireworks display on the Lake and resurrecting the boat parade of lights. The fireworks would be shot from the "T" peninsula, which would provide a better vantage point for residents and tourists. He indicated that Staff contacted three pyrotechnic providers; San Diego Fireworks; which was booked for that date, Pyro Spectaculars located in Rialto and Fireworks America located in Lakeside. Staff requested three different estimates $15,000, $20,000 and $25,000. Pyro Spectacular provided estimates at $17,000, $20,000 and $25,000. Fireworks America provided estimates $15,000 and $20,000. He indicated Staff was proposing a showing at $20,000; the difference in the proposal was Pyro Spectacular show would be simulcast, broadcast over KOLA Radio 99.9 and offered free advertisement for the show, it would be a 20 minute show and would provide 1,136 shells or approximately - Page Thirty-Nine - City Council Minutes - February 10,2004 one shell per second. Fireworks America did not offer simulcast and would provide 694 shells or approximately one shell per 1.7 seconds. He noted there was cost estimated for Staff; which was all of Community Services and Lake Staff for a 12 hour day would be a little under $10,000. Staff recommendation was that Council authorize a $10,000 expenditure for the deposit for the fireworks and staffing be addressed as part of the 2004/2005 Fiscal Year Budget and request Council to exempt Staff from LEMC Chapter 3.08.070 (formal bidding process), due to the unique nature of the service being provided. He indicated that there were not a lot of Pyrotechnic companies in the area. Mayor Pro Tem Kelley commented she was pleased to see that Staff brought back the boat parade. She felt it was a wonderful location and this was the type of event that citizens expected from their community. She commented part of the discussion during the Study Session was to encourage individuals to park at Diamond Stadium as part of the promotion material. Councilman Hickman commented that it was an excellent idea and wanted to inform boaters that when they bring their boats in and put lights on their boats they could be included in the boat parade. Councilman Magee commented he was concerned about the amount of money being requested; however the funds spent would be offset by the economic gain that the community could gamer from this type of event, he felt it would bring more commerce into the valley and that was the benefit. He thought it was great to bring focus back to the Lake. He stressed adding into the recommendation that Staff worked particularly close with our local merchants, specifically the boat oriented community and the campground community. He commented that he had spent a great deal of time with Mr. Pete Dawson and had the opportunity in the past to be a passenger on his boat during the past boat parades and felt it was an excellent opportunity to show community pride. Councilman Schiffner commented that the majority of the perimeter of the Lake was private property and moved to approve the event. Page Forty - City Council Minutes - February 10,2004 - MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATIONS FOR THE JULY 4TH EVENT, AND EXEMPT STAFF FROM THE FORMAL BIDDING PROCESS AND AUTHORIZE THE CITY TO ENTER INTO A CONTRACT WITH PYRO SPECTACULARS. 32. Consideration of State Proposition 57 and Proposition 58. (F:96.1) Mayor Buckley indicated that he had asked City Manager Watenpaugh to have this item on the agenda for the City Council to approve a letter of support for Propositions 57 and 58. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LETTER AS WRITTEN. 34. Resolution of Support for EVMWD's LEAPS Proiect. (F:164.2) - Councilman Schiffner moved to have the item continued. Mayor Buckley explained that discussion from the Study Session revealed that EVMWD in some capacity contacted the City and asked that the item be pulled. He commented that he would allow residents to speak on the issue. Lee Roberts, 17431 Custer, objected to the proposed hydroelectric plant. She noted the preferred location was near Butterfield Elementary School. She urged Council to research the item further. JoAnn McCracken, 33040 Dowman Street, commented that she was a Lakeland Village resident and any project affecting their side of the Lake should be presented to those residents for their input. Barbara Dye, 33127 Dowman Street, indicated that recently the City voted on the habitat plan and the Cleveland National Forest made the list for 1 of the top 10 threaten wildlife areas for the second year. She suggested the Council - Page Forty-One - City Council Minutes - February 10,2004 become aware of the major impact this project would have in the community of Lakeland Village and Butterfield Elementary School. Mike Palmer, 33281 Ortega Highway, indicated he was involved in this project since 1996; back when his son was a senior in high school, they spoke with Boardmembers that were pushing for this project. They decided to go along with the project and applied $1 million towards the project. He noted safety was big issue. Chris Hyland, 15191 Wavecrest, commented that she served on the LEAPS Committee in the past and strongly recommended that the City studied this project carefully. She believed the power lines would be close to homes and to the elementary school in that area. She indicated that she was against power lines in the National Forest; and noted that she had 25 acres bum next to the National Forest on her property in Arizona because of power lines. She also commented that Mr. Alongi asked her to inform Council that he was also against this project. She noted the EVMWD to date had spent $1,397,552 to pay consultants and for trips to Washington D.C. Councilman Schiffner commented that he had requested to table the item because the Water District had asked for the opportunity to make a presentation which they were not able to do at this Council Meeting. The reason it was on the Agenda was that it had come before LESJW A and they passed a resolution supporting this project; and being that he represented the City of Lake Elsinore on that committee, he felt it was not proper to recommend without the vote of the City Council. Councilman Magee requested that when the item came back before Council with the presentation from the Water District, that City Staff notified the Supervisor's Office and the Congressman's Office to obtain a written statement or attend a Council Meeting regarding the issue. He commented there was a noticed business item on the Agenda and he did not hear anyone speak in favor of the item. Page Forty - Two - City Council Minutes - February 10,2004 Mayor Buckley commented that there was potential good from the City's financial point of view and potential bad from a good neighbor point of view. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO TABLE THE ITEM. 34. Annual Financial Reports for Fiscal Year Ended June 30. 2003. (F:24.1) City Manager Watenpaugh gave an overview of the item. He noted there would be a Study Session on March 4, 2004 on Bond Debt. He deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave a brief overview of what was before Council. He commented that Finance Manager Kim Magee did an outstanding job of coordinating the audit schedule and the whole audit process; and did an excellent job at closing the books while assisting and preparing the annual budget at the same time. He introduced Mr. Rich Teaman the auditor contracted by Staff. He noted there was a new accounting and reporting called the Government Accounting Standard Boards Statement (GASBY 34) that had come out. He noted it changed the way the City reported the CAFR. He commented that GASBY 34 provided a consolidated look at the City and gave an indication of the financial condition of the City and how the City improved or how the financial condition deteriorated from one year to the next. The statement provided a long term perspective of the City; and the old reporting model gave a current perspective and focus. The purpose it served was to account for the financial flows of the City through the City during the year; which was needed for budget compliance. The legal level of budgetary control existed under the old method. The new reporting model looked beyond the current focus and in the new CAFR both were presented the new model required the City's infrastructure be reported in the financial statements; where before it was buildings, improvements, equipments and other fixed assets, it now included all of the City's infrastructure. In 2001/2002 the City contracted with a consultant to do an inventory of all infrastructure, the process included placing value, determining its' useful and then depreciating it. As the years progress those - - - Page Forty - Three - City Council Minutes - February 10,2004 assets are depreciating in value and represent a certain level of deterioration; and if the City was not applying new money to rehab those assets, slowly the financial condition in the reporting model would deteriorate. He felt as though GASBY 34 was a healthy improvement in the reporting. The City ended the year with approximately $2.5 million of revenue greater than expenditures and was able to put a $1 million of that in the reserves and go forward into this fiscal year in a good position. Administrative Services Director Pressey explained the Redevelopment Agency budgeting. He noted there were three project areas in the low/ moderate housing fund. Project area one was on the road to becoming healthy, the property tax went up about $700,000 during the year and there was a $2 million deficit fund balance, but the future outlook was good. Project area two was very healthy and would continue to be healthy. Project area three was still struggling and there was some development in the planning stages; and when the development came forward it would increase the property value in the area. Administrative Services Director Pressey commented on the PF A and the Recreation Authority. The PF A was there to purchase public infrastructure and all debt service payments were made, all the reserve requirements were met and operating as planned. There was one major bond issue with the Recreation Authority and the City had made all the payments, it was a variable rate bond, the variable rate at that time was under 1 %. The average rate for the year was 1.19%. Administrative Services Director Pressey commented that the last two reports, briefly the Agreed-upon Procedures was nothing to speak of, there was no exceptions noted from their audit and the Management Letter was a house cleaning item Staff had plan to implement. He deferred to Richard Teaman ofTRS Certified Public Accountants. Mr. Teaman commended City Staff on their professionalism. He commented it was a challenge with the implementation of GASBY 34. He explained it was a requirement to implement GASBY 34 this year; and noted the Page Forty-Four - City Council Minutes - February 10,2004 - financial statement from the year before looked dramatically different than this year's statement. He commented that the City, as in the past had submitted its financial statements of the City (CAFR) to the California Society of Municipal Finance Officers for what was considered to be an award program for CAFR presentation. He explained that by law they were required to perform a financial audit, in doing so their objective was to state an opinion that those financial statements were fairly presented. He indicated that through this process they were able to come up with an unqualified opinion for all four entities, which was the highest level of opinion that could be issued. They were able to accomplish this through testing, substantiating certain balances, and testing other balances. City Treasurer Weber recited a statement on the report that read: Weare not engaged and did not perform an audit. He inquired what that statement meant. Mr. Teaman explained that particular document City Treasurer Weber was referring to was an Agreed-upon Procedures report relating to the appropriation limits, under the State Constitution each year as a result of Proposition 13, and Proposition Ill, you are required to issue an appropriations limit, that limited how much of your appropriation of taxes could be used each year. As part of the audit under the State Constitution, auditors had to issue a report in relation to that appropriation limit and that particular type of report was not an audit it was an Agreed-upon procedure, the remaining documents in the package were full audits. - City Treasurer Weber indicated that the auditor was confusing him. He inquired where an individual would find statements on a CFD. Mr. Teaman explained that essentially they did not issue a financial statement on CFD's, they issued financial statements on each legal entity within the City that included: City, Redevelopment Agency, Public Finance Authority and Recreation Authority. The document City Treasurer Weber was relating to was a very specific aspect of the City, just the appropriations - Page Forty-Five - City Council Minutes - February 10,2004 limit of the City, and the auditor had to perform certain procedures on that document and issue a report. City Treasurer Weber indicated that he did not want to get into bond issues at this time and thanked City Manager Watenpaugh for scheduling the March 4th Study Session. However he did inquire about the health of the RDA as far as bonds and bond payments. Administrative Service Director Pressey explained that with the RDA, all debt service payments were made during the year. He noted on page 73 of 250 it described all of the long term debt of the City meaning all of the components of the City combined. City Treasurer Weber indicated that on page 24 of 250 on the bottom of the page read: We issued a report dated December. He inquired if this was the supplement, because last year there was a supplemental report. Mr. Teaman explained that under government auditing standards there was a report that related to internal controls and as part of the audit report it referred to that and was tied in also with what was called a single audit. This type of audit was on federal assistance and had not been completed at this point. City Treasurer Weber inquired on the status of that particular audit. Mr. Teaman indicated it was good so far. City Treasurer Weber inquired if there were other audits that were more detailed. He commented it sounded as though Mr. Teaman was getting most of his information from the City Manager. Mr. Teaman indicated that was not correct, as the best source for audit information was from outside sources. He commented that when talking about cash and being Mr. Weber was the City Treasurer, he assumed Mr. Weber was mostly talking about cash, to keep in mind there was a lot more in the report than just cash, but in relation to cash all of your cash was confirmed with each bank, the balance they are holding as of June 30th, This Page Forty-Six - City Council Minutes - February 10,2004 - report was June 30, 2003; those balances are confirmed by the institution holding the securities. Councilman Magee indicated that he read every page and referred to page 16 of 250, under revenue sources fines and forfeitures there was an increase of over 79% and inquired if that was a one time thing or was it a direct result of some special program. Administrative Services Director advised that he did not know offhand what that increase was exactly. City Manager Watenpaugh indicated it was possibly a combination of Code Enforcement, street sweeping citations and the Lake. Councilman Magee indicated that under expenditures, general government decreased by 17% which seemed fairly significant and asked Mr. Pressey to elaborate. Mr. Pressey explained it was combination of a number of things, specific to which department he did not recall. City Manager Watenpaugh indicated Staff would research and report back to Councilman Magee. Councilman Magee inquired about the 124% in Community Services. City Manager Watenpaugh explained a part of that was that the Lake was rolled into Community Services. - Councilman Magee read verbatim from page 26 pf250- City of Lake Elsinore total debt had a net decrease of$19,909,724, a decrease of 10.0% during the current fiscal year. He noted that was significant. Councilman Magee commented on the RDA financial report page 163 of 250, under liabilities there were advances from other governments. He asked Mr. Pressey to explain the total $9 million plus. Mr. Pressey explained that was an advance from the City's general fund. Councilman Magee commented on page 187 of250 there was loan payable to the County of Riverside over $500,000; he inquired if those were the funds RCTC advanced the RDA. City Manager Watenpaugh explained that those funds came from the County and are a debt to pay back. Mr. Pressey commented there was a separate RCTC figure for about the same amount. - Page Forty-Seven - City Council Minutes - February 10,2004 Councilman Magee commented on the PFA page 211 of250, total net assets, noting there was a negative number and inquired if he should be concerned about that number. Mr. Pressey explained this was the long term perspective and anything with a negative number was a flag. The PF A was operating in a positive condition the revenues received were making debt services. He noted the changes in net assets were $5.2 and if that continued at that rate the ending amount would change next year into the positive. Councilman Magee commented on the Recreation Authority document page 240 of250, total net assets were in the negative $15.5 million and inquired if that was debt transferred from the Stadium. Mr. Pressey confirmed it was the debt from the Stadium. Councilman Magee requested elaboration on the Capital Outlay Section under Staff recommendation on page 6 of 250. Mr. Pressey explained it was the auditors recommendation, that the City had a separate account setup to track only capital outlay, expenditures that got capitalized and added as a fixed asset for the City. Councilman Hickman commented the City was on the right track going back to where the City should be. He was concerned that the City had few problems, but was working its way out. He suggested forecasting out 5 years. Mayor Pro Tern Kelley commented that there was over a $6 million loan that was forgiven from the State Water Resources Control Board from the agreement she and Councilman Schiffner hammered out with EVMWD. Mayor Buckley commented that part of $94 million in assets included the Stadium, which was valued at about $14 million. Mr. Pressey confirmed. Mayor Buckley reiterated that the RDA owed $9 million to the City and $3 million to itself. Mr. Pressey confirmed. Mayor Buckley addressed the bonds the PF A was repaying, noting the cost of those bonds was going to go up and inquired on making those payments in the future. Mr. Pressey explained the PFA was a conduit the RDA was Page Forty-Eight - City Council Minutes - February 10,2004 - making payments at a higher rate than what the PF A paid, so the PF A should be solvent at all times in theory. The structure of the PFA debt was such that there was a match. MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDED JUNE 30, 2003. 35. General Plan Update. (F:83.1) City Manager Watenpaugh gave an overview of the item. He noted Staff had presented Council an outline of how to potentially proceed with the General Plan Updates. He deferred to Community Development Director Brady. Community Development Brady indicated the items before Council were general background information regarding the General Plan. He noted each City and County jurisdiction in the State of California was required by law to - have a General Plan. The City did have a General Plan and the last time the General Plan was comprehensively updated was in 1990, the Housing Element was updated in 2002 the Circulation Element was updated 1995. The housing element was the only element of the General Plan that was required to be updated on a regular basis which would be due again in 2007. He indicated by law there were seven required elements that had to be included in the General Plan; Land Use Element, Circulation Element, Housing Element, Conservation Element, Open Space Element, Noise Element and Safety Element. The time frame to update a General Plan was between 18 months and 2 years, and to do a comprehensive overview including the environmental documentation and the seven mandated elements along with possibly additional elements the City might want to require; such as a Tourist Economic Development or maybe a Lake Management Element. The cost was about $850,000 to $1 million to do a comprehensive update of the General Plan. The Council might also want to review the City's zoning regulations. The General Plan could be amended each year and could be changed to address various changes in the community. He noted that since 1990 the population has more than doubled. - Page Forty-Nine - City Council Minutes - February 10,2004 Councilman Magee indicated that the original process for the 1990 General Plan began in 1986 with the selection of the first consultant. He noted this process needed strong staff, Council, Planning Commission and a strong General Plan Advisory Committee. He noted the element of Historic Preservation was one area that Lake Elsinore clearly had Murrieta and Temecula beat, with over 100 years of incorporated history; and he would like to see that as part of one of the elements that would be modified in the General Plan. He complimented Community Development Director Brady and his Staff on the draft "Request for Proposals". He suggested some revisions to Item 5.0, the language needed to be strengthen to indicate the special sensitivity the V alley has to its' immediate neighbors. Under Item 5c he suggested adding a line item that provided for periodic budget reviews as the consultant reached certain task thresholds; this would allow the City to keep the project on time and on budget. Under Item C4 there should be something included to provide for change orders and have those change orders come before Council before money was expended. He hoped to move through the schedule with a slight modification of the suggested revisions and have it executed by May, 2004 or June, 2004. Community Development Director Brady indicated that Housing Clerk Lisa Alexen played a major part in compiling and putting this draft together. Councilman Schiffner commented that Councilman Magee had made some worthwhile additional request and he agreed with those requests. Mayor Pro Tern Kelley commented that with the adoption of the MSHCP, Council needed to go back and look at the General Plan and the transportation element with the growth coming to the area. Councilman Hickman inquired if this was allocated in the budget for next year. Page Fifty - City Council Minutes - February 10,2004 - Administrative Services Director Pressey commented that it was not in the budget for next year. City Manager Watenpaugh explained the intent was to bring it forward for Council to allocate a portion of the funds in this fiscal year and a portion next fiscal year. Councilman Hickman inquired if there were particular elements that should be handled first. Community Development Director Brady explained the most important element that drove a lot of this was the Land Use Element. Mayor Buckley indicated this had been overdue. He noted there should be a sentence included that would remove the scream factor out of potential annexation on a Lake Elsinore document. He suggested adding a sentence to stress to consultants the importance of public participation. - MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO MAKE THE REVISIONS SUGGESTED BY COUNCIL AND BRING THE PROPOSAL BACK TO COUNCIL ON THE CONSENT CALENDAR. Public Comments - Non-Agendized Items - 3 minutes Tim Fleming, 17970 Lakeshore Drive, thanked the new Council majority for finally directing City Staff to address the annoying issue of Lake front property. He indicated as owners received letters to clean up their property there was a brief moment of hope as some began to clean up years of stored trash and motor homes and vehicles that had been stored on the properties for years. He further indicated that within the past two weeks what was removed was now back on their property and he hoped the enforcement of these violations would have some "teeth"; and questioned if the citation carried a low fine, what was to prevent the owner from paying the fine and keeping the - Page Fifty-One - City Council Minutes - February 10,2004 vehicles or motorhomes stored on their property. Mr. Fleming indicated when he ran for City Council he signed a Code of Fair Campaign Practices. In the Lake Elsinore packet binders section 7 it was clear of the size of the signs and the time limits to have a sign removed, on August 6,2003, Councilman Schiffner's signed the same agreement as other candidates. He inquired how Councilman Schiffner had signage larger than allowed and how was it that his billboard was still up. Edith Stafford passed on public comment. Ron LaPere, 16867 Wells Street, indicated as the Chairman of the Planning Commission that he applauded the action of the City Council for bringing the General Plan up to speed. He noted several months back at a Planning Commission Meeting he raised a question regarding the General Plan. He thanked Mayor Buckley and Councilman Magee for visiting their Planning Commission Meeting and observing. Chris Hyland, 15191 Wavecrest, commented that the area between Riverside Drive and Chaney on Lakeshore Drive was becoming violently dangerous. She noted there was only one sign indicating the speed limit and no passing sIgns. Tom Solak, 33609 View Point Drive, indicated he was proposing to the City to have a manufacturing facility to distribute auto repair equipment to all auto repair facilities in Southern California. There was a 10 acre parcel zoned M-l located at Collier Avenue and Riverside Drive available for lease and the adjacent 6 acres was available for sale. He noted his intentions were to bring 400 to 500 employees to Lake Elsinore. He commented he would like to request the Planning Commission requirements on those parcels. Mayor Buckley inquired if he spoken with Assistant City Manager Best regarding his plans. He confirmed he had spoken with Assistant City Manager Best. Page Fifty-Two - City Council Minutes - February 10,2004 - CITY MANAGER COMMENTS No comments. CITY ATTORNEY COMMENTS City Attorney Leibold indicated that the City Council had three items of Closed Session. Two circumstances of anticipated litigation identified as Item A on the Agenda and Item B Public Employment Evaluation - City Manager. Those items were discussed and there was no reportable action. COUNCILMEMBER COMMENTS Mayor Pro Tern Kelley congratulated the Chamber award winners and gave her condolences to Connie Whittaker's family. Councilman Hickman gave his condolences to the Whittaker family and Brewster family. He indicated he took a trip to Martha's Kitchen and received an education. He noted they had 120 beds, 8 for women, 8 for men and the 104 for families. He thanked the City for the money donated to purchase cameras for student; and noted there were 150 cameras purchased and cameras were given to the kids to go out and take pictures of what they thought was right with Lake Elsinore. He complimented all the ladies that were at the Chamber Dinner. - Councilman Schiffner apologized for not being able to attend the Chamber Dinner due to being under the weather. Councilman Magee reminded everyone of the EDC Luncheon, Thursday, February 12,2004 at II :30 a.m. and the program would feature a candidate forum for County Supervisor. He commented that he had installed a new phone line that was listed in the phone book and the number was (909) 678- 4515 he encouraged all citizens to call him anytime. He also encouraged individuals that were interested in serving on the Public Safety Commission to contact City Hall or contact one of the Councilmembers. He commented - Page Fifty-Three - City Council Minutes - February 10,2004 that earlier there were two development projects going through the development process and they went through in different ways. He noted the type of project had nothing to do with it, but the applicant had everything to do with it. He noted both companies had been before the Council before and both companies had a track record, one not so good. The message was that the City and City Staff needed to be taken seriously, he noted the appreciation of the development in the community, but with that come responsibility to respect the citizens and the Staff of this town; and to come in and disregard our conditions, laws and ordinances until the night before a public hearing was offensive. He commented on Code Enforcement in regard to Mr. Fleming's comments, and explained the initial letter generated activity people rushing trying to comply and then there would be a protracted malaise. He noted that he had been assured by Staff they would remain diligent and had a schedule and program, and reassured Mr. Fleming ifhe was patient he believed there would be results that would please Mr. Fleming. Mayor Buckley announced the Friends of the Library Annual Book Sale, Saturday at the Library. He reminded everyone Thursday, February 12,2004, 5 :00 p.m. there would be a Study Session on Railroad Canyon Interchange and Thursday, February 19,2004 at 6:00 p.m. there would be a Study Session on the Country Club Heights Overlay District. ADJOURNMENT MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:10 P.M. Page Fifty-Four - City Council Minutes - February 10,2004 - ReS~;~UJIY SUbmitte; / ~~ /~ // - Fiede~y, Deputy City Clerk A 11 )L) CKI KASAD, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE - -