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HomeMy WebLinkAbout07-13-2004 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 13,2004 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:30 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, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (2 cases). (F:40.10)(X:52.1) City Attorney Leibold announced the Closed Session discussion items as listed above. Page Two - City Council Minutes - July 13,2004 - THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:35 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:05 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, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Police Chief Fetherolf, Lake & Aquatic Resources Director Kilroy, Finance Manager Magee, Information/Communications Manager Dennis, and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Max Aragon. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection for Justin Hunt and his family, noting that Mr. Hunt was a Marine, recently killed in Iraq. - Page Three - City Council Minutes - July 13, 2004 PRESENTATIONS/CEREMONIALS a. Presentation - July 4th Boat Parade Awards. (F:56.1) Mayor Buckley noted that Lake & Aquatic Resources Director Kilroy and Donna Lucas (from Collector's Corral) would be presenting the awards. Lake & Aquatic Resources Director Kilroy explained that as part of the July 4th celebration, there was a Boat Parade of Lights with fifteen participants. He noted that each participant received a commemorative ribbon. He further noted that the City sponsored a friendly boat judging competition and advised that Donna Lucas from Collector's Corral, Elsa LaMore, Manager of Elsinore West Marina and Frank & Fran McChrystal, Managers of the LERA Campground served as judges for the competition. He introduced Donna Lucas for presentation of the awards. Ms. Lucas noted that everyone had a lot of fun and questioned how many people saw the Boat Parade. She indicated that the next day she heard that people really liked it, and noted that the fireworks were spectacular. She recognized and introduced the Parade Winners as follow: 3rd Place - Ted Evans & Diane Roberts on Teddy Bear 2nd Place - Emily Cruzan, Teri Brigitel and Mark Piasik 1 st Place - Lake Elsinore Historical Society She noted that the I st place boat was magnificent, and commended everyone on their participation. Mayor Buckley thanked all of the participants and noted that he had ridden on the boat that won 1 st place. b. Presentation - Parks & Recreation Month. (F:122.1) Recreation & Tourism Manager Fazzio, suggested that anyone viewing the boat parade next year, should bring binoculars to fully enjoy the detail on the boats. She advised that in July, the City was celebrating Parks & Page Four - City Council Minutes - July 13, 2004 - Recreation Month. She indicated that the annual celebration was held in July each year, as school is generally out and families are vacationing. She introduced the Community Services staff and indicated that their department provided most of the Recreation Programs, Special Events and Classes; and maintained the streets and parks. She displayed the Recreation Brochure noting that it is mailed to every house in the City, and contains information on classes, lake use, etc. She presented a power point presentation on the services provided by Community Services, highlighting some of the classes, league activities and programs. Mayor Buckley questioned the ability to link this information to the website. Staff confirmed. Ms. Fazzio introduced staff members from various aspects of Community Services to introduce members of the Community who interact with the department on a regular basis. Community Services Coordinator Maureen Foster-Davis, representing the - Community Center introduced Max Aragon, as a positive person for the City, who recognized the positive possibilities; and noted that he served as the Acting Workshop Coach and helped coordinate the Adult Softball Leagues. Mr. Aragon thanked the Community Services staff for their efforts and contributions to the success of the programs. He noted the growth of the Adult Softball Program and the Acting Workshops, and noted that on Discovery Channel on July 22nd, many local residents would be included as extras on the D.B. Cooper Story. He stressed that the staffwas doing their best to make everything work well. Parks & Open Space Manager Fazzio introduced Ian & Samantha Haskins, noting that Ian was the President of the Lake Elsinore Soccer Club, which utilizes Summerlake Park. He indicated that without Mr. Haskins' assistance he could not do his job as well. He expressed appreciation for his assistance and support. - Page Five - City Council Minutes - July 13,2004 Mr. Haskins indicated that they were excited about their new grass in the park. He detailed the programs at Summerlake Park and noted that in addition to the two Adult Soccer Leagues, they had over 700 kids playing every week. Mr. Haskins' daughter, Samantha, read a statement detailing her participation in sports in City parks. Mr. Haskins reiterated that the fields had just been repaired. He noted his past work with the Little League at Swick-Matich park and stressed the ongoing progress with the parks, and the need to push for continued growth. He stressed that the Council should push the developers to provide more parks for youth sports. Community Services Coordinator Arline Gulbransen, representing the Senior Center, noted the services and programs provided by staff and volunteers at the Senior Center. She introduced Sally Coleman, who provides many of the exercise programs at the Center, as well as the Arthritis Support Group. Ms. Coleman stressed the importance of exercise for Seniors, and noted the success of the programs. She stressed the positive attitude of staff toward the helpers at the Center, and stressed their efforts to keep the facility clean and the air conditioning available. She further stressed the benefits of Seniors working together and spending time together. She expressed appreciation to the City for making the Center available to them, and complimented the City on great programs. Recreation & Tourism Manager Fazzio thanked everyone for their comments and thanked Information/Communications Manager Dennis for his assistance with the power point presentation. c. Presentation - Chamber of Commerce Update. (F:108.4) Jack McColley, Chairman of the Board, Lake Elsinore Valley Chamber of Commerce thanked the Council for the opportunity to provide an update on Chamber activities. He advised that on July 15th, the Lake Elsinore Storm Page Six - City Council Minutes - July 13, 2004 - would be hosting the Sixth annual event with the Lake Elsinore Chamber and other Chambers of Commerce at the Diamond, and detailed the event. He reminded the community that the Area Code would be changing on July 17th from 909 to 951; and advised that their website included a list of the areas in which the change would occur. He advised for the Chamber Members with Internet billboards, they would be changed automatically to reflect the new Area Code. He announced that the next Chamber Mixer would be hosted by the City, in the Cultural Center on July 21st, from 5:30 to 7:30, to celebrate the City's sisterhood with a Tahitian City. He invited everyone to attend. He also invited everyone to participate in the Annual Reverse Drawing on July 29th and explained the event and prizes. He thanked the event sponsors including Abbacy Development, Lake Chevrolet, Lake Elsinore Ford, Near Cal Corporation and the City of Lake Elsinore. He advised that Congressman Darryl Issa would be the speaker at the August EDC Meeting on August 12th at the Diamond Club, and detailed the topics for the EDC Meetings for the remainder of the year. - CLOSED SESSION REPORT City Attorney Leibold reported that the items as listed on the Agenda were discussed in Closed Session with no reportable action. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 1 MINUTE David Cooper, 32900 Riverside Drive, addressed the council on the matter of prayer in public meetings. He noted that he attended meetings in the past and stressed that religious freedom should be the first and most fundamental right of all Americans. He indicated that while he understood the use of the Moment of Silence was due to the threat of being sued by the ACLU if there was a prayer. He commented that the ACLU was an atheist organization and expressed concern with payer being taken out of the schools, commencement ceremonies and City Council meetings. He suggested that it was getting to the point that Christians would not be able to make statements. He noted that there were several members Page Seven - City Council Minutes - July 13,2004 of the church present to support him; and expressed hopes that it could be reinstituted in City Council meetings. Frank Estrada, 31036 Nebraska Street, indicated that he was present to thank the City Manager for his assistance with neighborhood problems, noting that the area was cleaned up in three days and the "dead" car was removed. He thanked Councilman Hickman for encouraging him to speak out He commented that there was a bad image about the City Manager, but stressed that he was out there doing the work. He indicated that it got done very quickly and had changed the area. He stressed the efforts to clean up the community for visitors. He commented that he felt good about living here and calling this his City. He stressed the quality of City workers and noted the heat in which they worked on the day they were cleaning up his neighborhood. He stressed that they did a super job, and suggested that the entire Council should feel good about it. Mary Lewis, 3820 Ulla Lane, indicated that their road is a small, private road, and expressed concern that Wesco Development had been moving hundreds of trucks of dirt down their road. She advised that they had been dumping dirt at the end of the road, and it was a major concern to the neighborhood. She indicated that she would like to know whether they have a permit, and if they have the right to move this amount of dirt over the last few days. Community Development Director Brady indicated that he had been made aware of the situation and sent out the Public Works Inspector. He advised that the developer was stopped, as they did not have a permit. Paula Graver, 218 Ellis Street, noted that she was soon to be ex-tenant at Ellis Street. She indicated that her landlord, Charles Gifford had kicked her out, although her rent was paid, and Section 8 housing was in place. She indicated that there was non-existent low income housing in Lake Elsinore, especially with provisions for Section 8. She expressed concern with the lack of housing and noted that she was about to be put out on the street, and was looking for a place to rent. Page Eight - City Council Minutes - July 13, 2004 - Jim Savage, 663 La Harve, expressed concern with the Council decision to discontinue Invocations. He noted the pressure from the ACLU, but indicated that he could not comprehend why that would be allowed to prevent the Council from doing the right thing. He noted that the Constitution allowed for the "blessings of liberty"; and the Declaration of Independence referenced rights "endowed by the Creator". He commented that he understood that it was politically incorrect, but he was not suggesting a single religion over others. He stressed that the Council should do what was right, and a short prayer would not hurt. He urged each Councilmember to do something to send a message to those who would remove all traces of God from our lives. Councilman Schiffner noted that the one minute Public Comments were not limited, so they could be used for a short prayer by any member of the public. Chris Mellor, 18311 Walnut, noted his past as a drunk and drug addict and stressed the benefit of religion in his life. He indicated that he was now clean and sober for eight years and was an example of God's grace. He commented that his life had been hopeless and wicked, but his prayers were answered. He stressed that God answers prayers. - Kim Alexander, 111 N. Lindsay, addressed the issue of prayer in public meetings, and noted the impacts on Christians around the world. She suggested that to give up prayer voluntarily was a step in the wrong direction; and stressed that this was a bad time to fall away from God, with the state of the world. She encouraged the Council and community to pray and keep on praying. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 5, 8 and 9. CONSENT CALENDAR - Page Nine - City Council Minutes - July 13,2004 The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 8, 9. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE MINUTES AMENDED AS DISCUSSED DURING THE 4 P.M. STUDY SESSION. 1. The following Minutes were approved: a. City Council Study Session - May 20, 2004. b. Regular City Council Meeting - May 25, 2004. c. Regular City Council Meeting - June 8,2004. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - June 15,2004. (F:60.3) 2. Ratified the following Warrant Lists: a. June 15, 2004. b. June 30, 2004. (F:12.3) 3. Approved Fiscal Year 2004-05 Budget Adjustments as presented, in the amount of$27,100, adjusting the unallocated revenue balance for June 30, 2005 from $2,195,706 to $2,168,606. (F:30.1) 4. Approved Funding Allocation for the Interim Improvements at 1-15 and Railroad Canyon Road, in the amount of $850,390. (F:82.2) 6. Approved Consultant Contract Award for the Interstate 15IRailroad Canyon Page Ten - City Council Minutes - July 13,2004 - Road Project Report to SC Engineering, in the amount of $299,274, for a Project Report/Preliminary Environmental Document (F;68.1 )(X:82.2) 7. Approved Agreement by and between County of Riverside and City of Lake Elsinore for Traffic Signal at Grand Avenue and Ontario Way, Authorized the Mayor to execute the Contract and Authorized Staff to transfer $60,000 from AB 2766 for the City's portion of the project costs. (F:68.1)(X:162.4) PUBLIC HEARINGS 21. Final Environmental Impact Report No. 2004-05. State Clearinghouse No. 2004031090; Tentative Parcel Map No. 31983; Commercial Design Review Nos. 2003-12 and 2004-05; and Conditional Use Permit Nos. 2003-17 and 2004-20 thru 2004-23 for the Lake Elsinore Square - Resolution No. 2004- 44. (F:58.2) - Mayor Buckley opened the public hearing at 7:55 p.m. Community Development Director Brady detailed this item for the Home Depot project at Central and Collier. He indicated that the location was a 21.2 acre site, and was currently proposed to be developed with a Home Depot and other retail shops. He displayed the site plan and detailed the site configuration, with the primary access at Hunco Way. He noted the other access points. He addressed that the traffic circulation to the area would also be significantly impacted by the Costco/Lowe's center. He advised that staff was working on interim improvements for the freeway access. He detailed the items for consideration and advised that the matter went to the Planning Commission and approval was recommended. He further advised that the applicant was present at this meeting, and noted that the on-site parking was planned for 129 more spaces than would be required by the Code. Mayor Buckley asked those persons interested in this item to speak. No one spoke. - Page Eleven - City Council Minutes - July 13, 2004 Mayor Buckley requested clarification that the distance was about 1,000 feet from Collier to the light. Community Development Director Brady detailed the traffic light locations. Mayor Buckley inquired if the project had been designed so the interchange could be expanded without too much hassle. Community Development Director Brady confirmed that staff had been working with Caltrans, and the configuration of the ramps should not impact the project. Mayor Buckley commented that he did not want another Railroad Canyon, and noted that funding had been approved this evening to start fixing that problem. Councilman Hickman inquired if the Home Depot project would bring widening of Collier all the way to Riverside Drive. Community Development Director Brady indicated that it would not at this point, as they would only improve the area adjacent to the site. He clarified that there would be a transition from the improved area to the area adjacent to the cemetery. Councilman Schiffner inquired if the applicant was able to share the names of any other site occupants. Community Development Director Brady deferred to the applicant. Frank Coda, representing the applicant, indicated that the deals were speculative, but they were talking to Petco, Michael's and Farmer Boys Restaurant. He stressed that they were still finalizing deals. Councilman Hickman indicated that he would love to have a Trader Joe's. Mayor Pro Tern Kelley concurred with the suggestion of a Trader Joe's. She questioned the eight foot wall, and if there would be landscaping along it. Community Development Director Brady confirmed. Mayor Pro Tern Kelley questioned if it would help prevent graffiti. Mr. Brady confirmed. Mayor Pro Tern Kelley indicated that this was a wonderful project, and commented that she was happy to have it in the community. She noted that it would generate $500,000 to $700,000 in tax revenues in the first year, and provide a substantial number of jobs. She noted that the concerns with the Page Twelve - City Council Minutes - July 13,2004 - traffic were discussed in the study session; and stressed that the Council was watching that very closely. She indicated that she was hoping that Caltrans would expedite the processes. Councilman Magee thanked the applicant for having the faith and courage to make this substantial investment in the community. He indicated that he was very impressed by the materials provided. Mayor Buckley noted that they would be opening the doors on the project in about a year. The applicant confirmed, noting that it was dependent on Caltrans. Mayor Buckley closed the public hearing at 8:05 p.m., and noted that there were four things to be voted on. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-44, CERTIFYING FINAL EIR NO. 2004-05 (SCH NO. 2004031090), BASED ON THE FOLLOWING FINDING: - RESOLUTION NO. 2004-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-05. FINDING - FINAL ENVIRONMENTAL IMPACT REPORT 1. Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. Based on the information provided in the Draft EIR prepared for the subject project known as the Lake Elsinore Square, it was concluded that specific - Page Thirteen - City Council Minutes - July 13, 2004 overriding economic, legal, social, technological or other benefits of the project outweigh the one (1) unavoidable impact (air quality) that cannot be avoided and that with the recommended mitigations, the proposed project will not have a significant effect on the environment._ MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 31983, BASED ON THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS - TENTATIVE PARCEL MAP 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of commercial land uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 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 City has considered the need for day-to-day shopping, which includes convenience goods, food and personal services, in contrast to the impacts related to the project's implementation and has determined that there are overriding considerations that outweigh the one (1) unavoidable significant impact (air quality). Page Fourteen - City Council Minutes - July 13,2004 - 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts, except one (1) unavoidable significant impact (air quality) that cannot be avoided to which the City recommends adoption of the "Statement of Overriding Considerations ". MOVED BY MAGEE, SECONDED HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT DESIGN REVIEW NOS. 2003-12 AND 2004-05, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPRO V AL: FINDINGS - DESIGN REVIEW(S) 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. The proposed Commercial Design Review(s) located within Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 comply with the goals and objectives of the General Plan, in that the approval of this Commercial Shopping Center will assist in achieving the development of a well-balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review(s) located at Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, Page Fifteen - City Council Minutes - July 13, 2004 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 are appropriate to the site and surrounding developments in that the Shopping Center known as the Lake Elsinore Square has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review(s) located at Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will generally not have a significant effect on the environment pursuant to attached Conditions of Approval except that there is one (1) unavoidable significant impact (air quality) that cannot be avoided, to which the City recommends adoption of the "Statement of Overriding Considerations ". 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review(s) located at Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, Page Sixteen - City Council Minutes - July 13,2004 - 024, 025, 026, 027, & 028 has been scheduled for consideration and approval of the Planning Commission. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CONDITIONAL USE PERMITS 2003- 17 AND 2004-20 THROUGH 2004-23, BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A" THRU "S" AND THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley welcomed the applicant to the community. FINDINGS - CONDITIONAL USE PERMIT(S) - 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit(s) for the outdoor display of merchandise, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377-060- 009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. - Page Seventeen - City Council Minutes - July 13, 2004 In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed outdoor display of merchandise, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and/or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed outdoor display of merchandise, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377-060- 009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate commercial and industrial areas. Further, the project as proposed, will complement the quality of existing development and will create a visually pleasing, non-detractive relationship between the proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of screening from the public rights-ol-way or adjacent properties. Page Eighteen - City Council Minutes - July 13, 2004 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed outdoor display of merchandise, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377-060- 009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number(s) 377-060- 009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed outdoor display of merchandise, drive-thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005, 006,007,008,011,012,019,020,021,022,023,024,025, 026, 027, & 028 - - - Page Nineteen - City Council Minutes - July 13, 2004 has been scheduledfor consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL FOR THE PROJECT KNOWN AS THE LAKE ELSINORE SQUARE LOCATED AT ASSESSOR PARCEL NUMBER(s) 377-060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012,019,020,021,022,023,024,025,026,027,&028 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Lake Elsinore Square located at Assessor Parcel Number(s) 377-060-009, 010, 011, and 377-070-004, 005,006,007,008,011,012,019, 020,021,022, 023,024,025,026,027, & 028, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004031090). TENTATIVE PARCEL MAP NO. 31983 3. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC&R's and an appropriate Page Twenty - City Council Minutes - July 13,2004 - instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 4. The Tentative Parcel Map 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. 5. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. - 6. Prior to issuance of a grading permit, the applicant shall prepare and record CC&R's against the commercial shopping center requested herein. The CC&R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC&R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC&R's shall established methods to address design improvements. 7. No building in the development shall be sold unless a corporation, association, property management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC&R's which - Page Twenty-One - City Council Minutes - July 13,2004 shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 8. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 9. Membership in the Property Management Association shall be mandatory for each buyer and successive buyer. 10.Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. ll.In the event the association or other legally responsible person( s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 12.Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 13. The applicant shall comply with those mitigation measures identified in the Qmft Final EIR (SCH No. 2004031090) Mitigation Monitoring Program prepared for the project requested herein. Page Twenty-Two - City Council Minutes - July 13, 2004 - (Amended at the June 15, 2004 Planning Commission Meeting) DESIGN REVIEW FOR COMMERCIAL PROJECT(S) 14.The Design Review approval located at Assessor Parcel Number(s) 377- 060-009, 010, 011, and 377-070-004, 005, 006, 007, 008, 011, 012, 019, 020,021, 022, 023, 024, 025, 026, 027, & 028 shall lapse and become void two (2) years following the date on which the Design Review became effective, unless prior to the expiration of two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this two (2) year period and shall continue to be valid upon a change of ownership of the site. 15. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of - Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 16.Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto, or a construction/site improvement phasing plan as otherwise approved by the Community Development Director. 17.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. - - Page Twenty-Three - City Council Minutes - July 13, 2004 18.Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 19.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 20. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 21.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. This may require increased parapet height given the elevation of Interstate 15 (I-15) and freeway off-ramp located to the east. 22.Materials stacked within the garden center shall not exceed the height of the garden center walls nor be visible from surrounding streets or properties. 23.No outdoor storage of materials/merchandise is permitted, including temporary storage in the off-loading area on the north side of the garden center and east side of the major buildings, with the exception of the outdoor trailer sales area, the sidewalk sales area, and the seasonal sales area, as noted on the Site Plan (Exhibit B) associated with this project. Materials/merchandise unloaded shall be immediately moved inside the building. The garden center is not considered outdoor storage so long as it complies with the condition noted above. Page Twenty-Four - City Council Minutes - July 13,2004 - 24.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. 25.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 26.All cornice elements and back sides of parapets exposed to public view shall be architecturally enhanced, subject to the review and approval of the Community Development Director or Designee. 27.The applicant shall add the proposed stone veneer to the cart corral pilasters and to the columns identified on the Outdoor Garden Center perimeter to match the main building, subject to the review and approval of - the Community Development Director or Designee. 28.The applicant shall add architectural enhancements to the south and west elevations of the buildings identified for Pad(s) "B" and "D" (i.e. fabric awning, tile inset with concrete frame, stone veneer columns, etc.), subject to the review and approval of the Community Development Director or Designee. 29.The applicant shall significantly enhance the architecture of the proposed building identified on Pad E, as it is positioned in a highly visible location at the comer of Collier and Central Avenues. The enhancements shall be incorporated to all elevations of the building, and shall be subject to the review and approval of the Community Development Director or Designee, and may be brought back to the Planning Commission at the discretion of the Community Development Director. 30. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. - Page Twenty-Five - City Council Minutes - July 13,2004 31.All building signage shall comply with the Sign Program submitted to the Planning Division. 32.All drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct on-site circulation and deliveries. 33.Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 34.Provide a 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 35. The applicant shall provide supplementary landscaping in the form of larger trees and shrubs along the southbound Interstate 15 (I-IS) freeway off-ramp at the rear of Majors "1" thru "6" to further screen the loading areas from the public right-of-way, pursuant to the approval of the Community Development Director. 36.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 37.0n-site landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or Designee. 38.Provide a decorative fountain or artwork at the terminus of the main east/west drive aisles from Collier Avenue. Any future artwork shall be subject to the review and approval of the Community Development Director or Designee. 39.The applicant shall construct an eight (8') foot high block wall along the north property line adjacent to the Elsinore Valley Cemetery property. Page Twenty-Six - City Council Minutes - July 13, 2004 - 40.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 41. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 42.No exterior roof ladders shall be permitted. 43.All service and loading doors shall be painted to match the building. 44.0n-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING/GRADING PERMITS 45.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. 46.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty- four-inch (24") box in size. - Page Twenty-Seven - City Council Minutes - July 13, 2004 c) All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. Page Twenty-Eight - City Council Minutes - July 13,2004 - k) Final landscape plans to include planting and irrigation details. 47.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. 48.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 49.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 50.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. - CONDITIONAL USE PERMIT(S) 51. The Conditional Use Permit approved herein shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. 52. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 53. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. - - Page Twenty-Nine - City Council Minutes - July 13,2004 54.Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 55. The hours of operation for the project shall be limited to the hours of operation expressed within the Business Plan submitted. 56. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. - 57. The use of an outdoor public address system shall not be allowed, with the exception of the Outdoor Garden Center. 58.No outdoor food vending shall be permitted with the proposed project. 59. Security lighting shall be required. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match shall be consistent with the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. (Amended at the June 15,2004 Planning Commission Meeting) ENGINEERING 60.Dedicate a full half-width right-of-way for Collier Avenue consistent with the circulation element of the General Plan. 61.Construct full half-width road improvements along the project frontage of Collier Avenue consistent with the General Plan. Page Thirty - City Council Minutes - July 13, 2004 - 62.Dedicate a full half-width right-of-way for Central Avenue consistent with the circulation element of the General Plan. 63.Construct full half-width street improvements along the project frontage of Central Avenue consistent with the General Plan. 64.The applicant shall deposit cash in lieu for construction of half width median improvement required on Central Avenue and Collier Avenue. 65.All street improvements on State Route 74 (Collier Avenue and Central Avenue) shall require an encroachment permit from CAL TRANS. 66.All drive entrances shall be clear of parking stalls and drive aisles for a distance of forty (40) feet. 67.Applicant shall comply with the mitigation described in the approved traffic plan. - 68.All signage and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 69.Construct a signalized intersection at Hunco Way and Collier Avenue, the main entrance of the project. 70.Construct an asphalt transition from the approved street improvements to the existing pavement. The transition shall allow for the conveyance of storm water and shall be consistent with CAL TRANS' standards. 71. The main entrance on Collier Avenue and the entrance at Central Avenue shall provide for a dedicated right turn/deceleration lane. 72.Applicant shall pay City TIF and County TUMF fees. - - Page Thirty-One - City Council Minutes - July 13,2004 73.Applicant shall provide for detention of the incremental increase in stormwater runoff, or provide documentation that the size of the storm drain pipe can accommodate the drainage for the area. Calculations shall be consistent with Riverside County Flood Control standards. 74.Provide for compliance with the Santa Ana Regional Clean Water Run-off Permit. 75.The southerly driveway located on Collier Avenue shall be right in and right out only. 76.The structure on Pad "B" shall be located such that sight distance for vehicles exiting the drive-through is maintained. - 77.Stacking for drive-through traffic at Pad "C" shall not obstruct drive aisle circulation. 78.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. 79.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 80.All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. - 81.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. Page Thirty-Two - City Council Minutes - July 13, 2004 - 82. 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. 83. 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). 84. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 85.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. - 86.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ~" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 87. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 88.Applicant shall obtain all necessary off-site easements for off-site grading or construction from the adjacent property owners prior to final map approval. 89.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. - Page Thirty-Three - City Council Minutes - July 13,2004 90.Provide fire protection facilities as required in writing by the Riverside County Fire Department. 91.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 92.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 93.Applicant shall submit a traffic control plan showing all traffic control devices for internal circulation 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 Signs for streets within the proj ect. 94.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 95.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 96.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Page Thirty-Four - City Council Minutes - July 13,2004 - 97.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 98.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 99.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. 100. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. - 101. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 102. 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. 103. 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". - Page Thirty-Five - City Council Minutes - July 13,2004 104. 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. 105. Meet all requirements ofLEMC 15.64 regarding flood hazard regulations. 106. Meet all requirements of LEMC 15.68 regarding flood plain management. 107. 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. - 108. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 109. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 110. 10-year storm runoff should be contained within the curb and the 100- year storm runoff should be contained with the street right-of-way. When either of these criteria is exceeded, drainage facilities should be installed. 111. A drainage acceptance letter will be necessary from the downstream property owners in the event outletting the proposed stormwater run-off impacts private property. 112. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 113. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of Page Thirty-Six - City Council Minutes - July 13, 2004 - 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. 114. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "I(' in the Riverside County NPDES Drainage Area Management Plan. 115. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 116. 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. 117. All parcels shall have direct access to public right-of-way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 118. The final map shall show the abandonment of dedications of public right- of-way or easements by appropriate certifications on the map. 119. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 120. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The - Page Thirty-Seven - City Council Minutes - July 13, 2004 applicant should contract with CR&R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR&R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR&R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. - 121. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 122. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 123. Applicant shall pay park-in-lieu fees for all proposed commercial buildings. 124. Applicant to maintain all on-site landscaping. 125. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 126. Applicant to comply with all NPDES regulations. OUTSIDE AGENCIES Page Thirty-Eight - City Council Minutes - July 13,2004 - 127. The applicant shall comply with all recommendation and requirements identified in the attached letter from Riverside Transit Agency dated December 8, 2003. 22. Tentative Tract Map No. 30496 (Canyon Hills Specific Plan). (F: 160.2) Mayor Buckley opened the public hearing at 8:07 p.m. Community Development Director Brady explained this project and detailed the location. He noted the commercial sites and multi-family uses within the project. He advised that the Planning Commission had recommended approval of the project; and noted that it was under the EIR for the entire Specific Plan area. He indicated that the applicant was present at this meeting, and noted that there were not specific plans or design review considerations at this time, other than the fire station. - Jim Stringer, Pardee Homes, indicated that they had reviewed and agreed to all of the Conditions of Approval; and explained that this map was for financing and leasing purposes. He indicated that there would be ample time to review the project. There were no additional comments from the public regarding this project. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE TENTATIVE TRACT MAP NO. 20496, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. Councilman Magee commented that Pardee Homes first approached the City in 1988 and waited for the market to come to them. He indicated that they had been a good partner for growth and thanked them for their participation in the community. Councilman Hickman commented that he was amazed with how quickly the fire station was moving. Mr. Stringer indicated that there was a - Page Thirty-Nine - City Council Minutes - July 13,2004 construction meeting tomorrow and construction would start next week. Councilman Hickman thanked Mr. Stringer for coming to the community. Mayor Buckley closed the public hearing at 8: 11 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS: - 1. The proposed subdivision, together with the provIsIOns for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. 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 General Plan designates the project site as "Canyon Hills Specific Plan ". The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the Canyon Hills Specific Plan. 3. The effects this proposed subdivision 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 project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Page Forty - City Council Minutes - July 13, 2004 - 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30496- PARDEE HOMES PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 30496 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30496 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, CommerciallInstitutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 30496 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon - Page Forty-One - City Council Minutes - July 13, 2004 Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and prOVISIOns contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement; and Community Facilities District (CFD) No. 2003-02. 6. The applicant shall participate. in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project-related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 30496. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from Fire Department dated October 1,2003). 11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, Agents, or Consultants to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Page Forty-Two - City Council Minutes - July 13,2004 - Hills Specific Plan, 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. pmORTOFmALTRACT~ 12.All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14.Street names within the subdivision shall be approved by the Community Development Director or Designee. - 15.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). pmOR TO DESIGN REVIEW APPROVAL I 8. Construction of multi-family units require approval of Condominium Planes). 19.All future structural development associated with this map requires separate Design Review approval. 20.Prior to Design Review approval, the applicant shall provide the following: - Page Forty-Three - City Council Minutes - July 13, 2004 . Design of bus shelter( s) along Railroad Canyon Road. Said design shall comply with design standards of the Riverside Transit Agency and City. . Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. . Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. . Those side and rear elevations that are within the public view will be - provided with additional architectural enhancements and articulations. . Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. . All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. . Perimeter walls around the subdivision shall be of decorative masonry concrete block. 21.Design for all drainage basins proposed with Tentative Tract Map No. 30496 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain-link fencing is prohibited. PRIOR TO BUILDING PERMIT/GRADING PERMIT Page Forty-Four - City Council Minutes - July 13,2004 - 22.Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23.The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 24. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 2S.Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineering Manager, for all required utility services. - 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27.All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29.Pay all applicable fees including park fees. 30.The applicant shall submit a street improvement plan which describes proposed street and right-of-way improvements along Railroad Canyon Road and Canyon Hills Road, subject to approval by the City Engineering Manager. Said street improvement plan shall show design of proposed deceleration lanes, - Page Forty-Five - City Council Minutes - July 13,2004 roadway widening, driveways and approaches, median breaks, traffic signal, etc. 31. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 32.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: . Show that a masonry or decorative block wall will be constructed along the entire tract boundary. . Show materials, colors, and heights of rear, side and front walls/fences for proposed lots. . Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. . Show that side walls for comer lots shall be decorative masonry block walls. . Show that those materials provided along the front. elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33.The applicant 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. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Page Forty-Six - City Council Minutes - July 13,2004 - 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36.The applicant shall meet all requirements of the providing telephone utility company. 37.A bond is required guaranteeing the removal of all trailers used during construction. 38.All signage shall be subject to Planning Division review and approval prior to installati on. 39.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 Engineering Manager and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 40.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7 :00 AM and cease at 5 :00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 41. The applicant for future commercial development shall prepare CC&Rs to describe methods for maintaining common areas, parking and drive aisle areas, landscaped areas, parkways, and all underground and above ground utility infrastructure improvements. - Page Forty-Seven - City Council Minutes - July 13, 2004 42. The applicant for future commercial development shall establish a reciprocal access and parking agreement with all prospective tenants. ' 43.The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 44. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 45. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 46.0pen space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/or HOA. ENGINEERING 47.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. 48. Tentative Tract Map 30496 shall be subject to all applicable conditions of approval of Tract Map 23848 and the approved Canyon Hills Specific Plan. 49.Applicant shall provide access for all parcels in Tentative Tract Map 30496. Page Forty-Eight - City Council Minutes - July 13,2004 - 50.0n-site roadway system shall be consistent with proposed alignments on Tentative Tract Map 30496. 5l.All open space and slopes except for public parks and schools, outside the public right-of-way shall be owned and maintained by either a homeowner's association or private property owner. 52.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 53.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site or a statement by a registered Geologist stating that this project is outside the study zone. 54.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. 55.0n-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". 56.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineering Manager. 57.All parcels that border the San Jacinto River shall be protected from a 100 year storm event and a dam failure. 58.Applicant will be required to install first flush BMP's using the best available technology to mitigate any urban pollutants from entering the Cottonwood Creek and the San Jacinto River. - Page Forty-Nine - City Council Minutes - July 13,2004 59.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. 60.Applicant shall provide a traffic study prepared by a registered engineer to determine the need for access, traffic signals on Canyon Hills Road and Railroad Canyon Road and the timing for the installation prior to final map approval. If the traffic signal is needed, the applicant will install the traffic signal at the appropriate certificate of occupancy subject to the approval of the City Engineering Manager. 61.Access points to Railroad Canyon Road for Lots 1-3 and 4-11 shall provide for deceleration lanes at the project entrances. 62.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains shall drain to a landscaped area when ever feasible. 63.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. 64. The landscaping in the median of Canyon Hills Road and Railroad Canyon Road shall not block site distance. 65.No residential lot shall front and access shall be restricted on Railroad Canyon Road and so noted on the final map. 66. The applicant shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program Page Fifty - City Council Minutes - July 13, 2004 - shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists where required by the EIR. In the event significant historic material is discovered, it shall be removed before grading occurs. 23. Resolution No. 2004-45. to Approve Placing Delinquent Refuse Bills on FY 2003-2004 Tax Rolls. (F:163.1) Mayor Buckley opened the public hearing at 8: 12 p.m. Parks & Open Space Manager Fazzio explained this item and noted that David Fahrion was present to answer questions. - David Fahrion, representing CR & R, noted that this was the annual item for the fees that were not paid. He clarified that while there was a total of 1,620 parcels, most were from past years, or by request of the property owners, with only about 60 being delinquent. He offered to answer questions. There were no further comments. Mayor Buckley closed the public hearing at 8: 13 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-45. RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. - Page Fifty-One - City Council Minutes - July 13,2004 24. Public Hearing on the proposed Street Vacation of Flint Street - Resolution No. 2004-46. (F:I0.l) Community Development Director Brady noted that this was a request by the property owner, and related to the area between Lowell and Kellogg. He explained that Flint Street was only on paper in that area, due to the topography. He indicated that there was no need for that portion of Flint to be developed or improved and recommended the vacation. Mayor Buckley opened the public hearing at 8:14 p.m., asking those persons interested to speak. No one spoke. The public hearing was closed at 8: 15 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-46, AND DIRECTED CITY CLERK TO RECORD THE STREET VACATION. RESOLUTION NO. 2004-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF A PORTION OF FLINT STREET. 25. Multi-Species Habitat Conservation Program Fees - Ordinance No. 1124. (F:76.4) Mayor Buckley opened the public hearing at 8:16 p.m. - City Attorney Leibold indicated that the last two pieces of the puzzle were the issuance of the Take Permit, which was just done on June 22nd; and the adoption of the Fee Ordinance by the City. She indicated that the proposed Ordinance was consistent with the form used by the County. She clarified that two readings were required, and the fees would be implemented sixty days later. Page Fifty-Two - City Council Minutes - July 13, 2004 - Vida Boice inquired if this Ordinance would impact the public or only the builders. Mayor Buckley indicated that it was like the TUMF fee, which is paid at building permit on new development only. Mayor Pro Tern Kelley commented that the builders only means to pay this was to tack in onto the cost of the house. She detailed the costs associated with this program and indicated that she was not in favor of the MSHCP and would be voting no. Councilman Schiffner indicated that he would vote in favor of this item with great reservation, as he did not favor the MSHCP plan, but felt there was hardly any choice. Mayor Buckley closed the public hearing at 9: 17 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1124, UPON FIRST READING BY TITLE ONLY: - ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. UPON THE FOLLOWING ROLL CALL VOTE: A YES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY - Page Fifty-Three - City Council Minutes - July 13,2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Unallocated Revenue Policy. (F: 120.1 )(X:30.1) Administrative Services Director Pressey explained that this policy was presented as a best business practice. He detailed the factors included being scope, objectives, calculation of un allocated revenue balances, reporting, and allocation of unallocated revenues. He explained that it clarified what the balances could be used for, and recommended adoption. He concurred with a recommendation of Councilman Magee during the agenda review study session, with regard to the calculation and the inclusion of unanticipated savings in that number. City Manager Watenpaugh noted that another piece to include was the anticipated savings minus the savings going to the reserves. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE UNALLOCATED REVENUE POLICY AS PRESENTED. 32. Increase of Traffic Infrastructure Fee (TIF) for Development Projects- Resolution No. 2004-47. (F:162.1) Community Development Director Brady explained that this item was fur an adjustment to the Traffic Impact Fee which was adopted by the City Council several years ago, on new development for the improvement of roads in the City. He commented that it was used for specifically identified projects. He noted detailed the current fees and the new fees as proposed. He advised that the proposed increase was for a two year period at 7.6% or about $91 dollars per unit. He indicated that it would increase the funding available for improvements to circulation and traffic signals. He explained Page Fifty-Four - City Council Minutes - July 13,2004 - that there was an opportunity once a year to review the fees, and staff was recommending an increase. Councilman Magee commented that the increase reflected the increase in the construction cost index. He explained that it was like the cost of living, to keep pace with inflation. Councilman Hickman clarified that this was only added to new homes, so it was just a housekeeping item. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-47: RESOLUTION NO. 2004-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE - ELSINORE, ESTABLISHING AN INCREASE OF TRAFFIC INFRASTRUCTURE FEE (TIF) FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE. 33. Developer Agreement Fee Policy. (F:120.1) Administrative Services Director Pressey indicated that as part of the annual budget adoption process, unallocated revenues and developer agreement fees had been discussed. He advised that the proposed policy would provide parameters on what those funds could be used for. He noted that the Government Code and Municipal Code both addressed Developer Fees, so there might be restrictions within the agreement with the developer, or the issue might not be addressed. He indicated that this would provide guidance toward the use of any unrestricted funds. He stressed that they were not routine operating costs, and were required to be used for public facilities or for the City residents in general. Page Fifty-Five - City Council Minutes - July 13,2004 Councilman Schiffner commented that it sounded like they would apply to almost any public purpose. Mayor Buckley stressed that they were focused on one time issues. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE DEVELOPER AGREEMENT POLICY AS PRESENTED. 34. Economic Development Contracts. (F:68.1) City Manager Watenpaugh deferred to Assistant City Manager Best, noting that the funding for these items had already been approved. Assistant City Manager Best explained that this was the presentation of the annual memberships in support of economic development efforts. She noted that they included three contracts for which the funding had already been approved, so this is the consideration of ratifying memberships and approving contracts. She explained the function of the Economic Development Corporation of Southwest Riverside County, at a cost of $6,250, to include a seat on the executive committee with full participation. She noted that Diane Session was present in the event there were questions. She detailed the Economic Alliance, at an annual cost of $25,000, and noted that it had been the same amount since its inception. She detailed the other funding sources being other cities in the corridor and the County of Riverside. She advised that the third consideration was for the Chamber of Commerce, and noted that the Chamber provide local business networking services. She noted that the funding over the last two years had been $50,000 and that was being requested again. She reiterated that it was all allocated and set aside in the budget. She noted that Stevie Field and Jack McColley were also present for questions. Councilman Magee commented on the Southwest Economic Alliance and noted that the packages they develop are quite impressive. He indicated that the Alliance was fortunate to have Stevie Field working on the Page Fifty-Six - City Council Minutes - July 13, 2004 Alliance's behalf. He noted that they have four clients and she does not play favorites, but instead looks for the best match to the business or developer. He indicated that the City was extremely lucky to have that type of individual working on behalf of the City. Councilman Schiffner noted that he had been involved in a lot of discussion of highway facilities and noted that at each meeting there are comments that the area should do something to bring jobs. He indicated that he always wanted to tell them that programs such as this bring jobs. Mayor Pro Tern Kelley concurred with benefits of participation in these programs. She suggested that with regard to the Lake Elsinore Chamber of Commerce, she noted the events they sponsored and that she had looked at the goals and objectives. She suggested that some of them needed to be revitalized a bit. - Councilman Hickman commented on the work of the Chamber. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FOLLOWING REQUESTS: EDC of Southwest Riverside County - $6,250 South West California Economic Alliance - $25,000 Lake Elsinore Valley Chamber of Commerce - $50,000 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:45 P.M. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Construction Contract for Machado Street Pavement Rehabilitation - R.I. Noble Company - $329.607. (F:156.2) Page Fifty-Seven - City Council Minutes - July 13, 2004 Mayor Buckley noted that Bill Titto, who had requested the opportunity to speak on this item, was not longer at the meeting. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE A WARD OF CONTRACT FOR THE MACHADO STREET PAVEMENT REHABILITATION TO R.J. NOBLE COMPANY IN THE AMOUNT OF $329,607; AND AUTHORIZED THE TRANSFER OF $117,000 FROM THE CITY GAS TAX REVENUES TO THE PROJECT 8. City Treasurer Benefits. (F:49.1) Chris Hyland, 15191 Wavecrest, indicated that based on the facts that the City Treasurer was an elected office, she would suggest that he have the same benefits as the Council, including the amount paid for meeting attendance. She stressed the number of hours elected officials spend in meetings. She indicated that the Treasurer is a great person who is scrutinizing how the tax dollars were spent. She stressed that he should be receiving the same benefits and money as the Council. Mayor Buckley clarified that pay was not being discussed, and suggested ratifying the benefits already in place. He noted the argument used for passage of the budget. Councilman Magee noted that the staff report stated that there were no documents found to support the existing practice, and looked forward to the day, when he no longer had to read that statement, and instead found that there were Council policies in place. MOVED BY MAGEE, SECONDED BY HICKMAN TO RATIFY THE EXISTING BENEFIT PACKAGE OF HEALTH, VISION AND DENTAL INSURANCE FOR THE CITY TREASURER. Councilman Schiffner commented that there were several things that were not documented, that have been done for a long time. He noted that one of them is benefits for management staff, costing about $10,000 a year; and Page Fifty-Eight - City Council Minutes - July 13,2004 - noted that this is in a similar category and amounts to about $10,000 a year. He indicated that he was in favor of this, but stressed that in one case it seemed to be a crime and in the other it was not a problem at all. Councilman Hickman commented that the Health & Wellness benefit was a pilot program, but this had been going on for a long time. He indicated that he would support this item. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 9. Merit and Longevity Increases for Management. (F:116.1) Mayor Buckley noted that Bill Titto who had requested an opportunity to speak on this item, was no longer in attendance. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO RATIFY THE MERIT AND LONGEVITY INCREASES FOR MANAGEMENT. - Mayor Pro Tern Kelley noted that there was a study session on this item just a couple of days ago, and this was presented based on direction from that meeting. Councilman Magee commented that this item was discussed at the study session and in accordance with adopted City Personnel Policies, merit and longevity increases require a positive review by the supervisor, prior to disbursement of any increases. Councilman Hickman questioned the inclusion of the 2005-06 increases as listed. Councilman Magee clarified that the information noted was intended at a budgeting tool; and stressed that to achieve the increases there would need to be a positive evaluation of their performance. Councilman Hickman indicated that he was just clarifying. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH COUNCILMEMBERS HICKMAN AND BUCKLEY CASTING THE Page Fifty-Nine - City Council Minutes - July 13, 2004 DISSENTING VOTES. Mayor Buckley noted that he would still like to revise the system. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:25 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS - 3 MINUTES Donna Franson, 7 Villa Valtelena, noted a number of businesspeople had joined together to form a non-profit Lake Elsinore Citizens Committee, to unite all of the people with a vested interest in the City. She indicated that they already had a Board of Directors, and employer identification number. She presented copies of the bylaws for the Council. She noted that they would be publishing a regular newsletter, and all Councilmembers were able to submit an article for the newsletter. She requested that the Mayor submit an article for the first newsletter. She advised that each newsletter would feature different businesses and development projects, and provide the latest updates on key issues such as the Lake, Police, Fire, Schools, and key projects. She stressed the difficulty for the average citizen to keep up with City's progress. She indicated that they would accomplish their goals by educating their members, attending meetings, reporting to their membership, and bringing their concerns to meetings. She commented that in the last 1980's and early 1990's, a lot of mistakes were made by the City Council, but everyone was paying the price for the mistakes. She noted that there was a bright light at the end of the tunnel, and she was looking forward to working with the Council. Harvey Ryan, 17561 Sunnyslope Drive, thanked the Mayor and Council for his appointment to the Planning Commission. He noted that it was a big responsibility and when he was sworn in, it was very humbling. He indicated that he was present at this meeting as a citizen and business owner in the City. He advised that he had lived here for 17 years, and owns a business in the City. He Page Sixty - City Council Minutes - July 13,2004 indicated that he had good news about Lake Elsinore and commented that his experiences with the City had been great. He indicated that he and his brother opened a business and started talking to City Manager Watenpaugh in 1999 about his difficulties with the developer, the utilities and permits. He indicated that he had to get gas to the building. He advised that Community Development Director Brady called the people together to find a solution to get the building up. He indicated that because of the meeting his business was in Lake Elsinore, instead of somewhere else. He commented that they were waiting for customers and one day Assistant City Manager Best called and invited him to City Hall to discuss the economic gardening program and helped him grow their business; and they have prospered ever since. He commented that City officials were outside City Hall doing things for the City on their own time, and he had gotten to know these people better. He noted that they had done and excellent job in the assistance of the RDA Committee, and noted the additional assistance from Mark Dennis and Matt Pressey. He suggested that the thanks to the Committee should go to staff, as it would not have been possible without staff. He stressed the difficulty in keeping people motivated in the work force, and noted the importance of morale to a business. He indicated that he had come to realize that there was a lot of knowledge in the City staff, and stressed the depth of knowledge the staff had to obtain answers. He suggested the issues discussed over the last few weeks should be settled in City Hall and not the newspapers. He indicated that he appreciated the employees and would like to see it resolved in a fair and equitable way. He stressed the need of experiences people with knowledge and integrity. He offered his thanks to staff. - CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Congratulated those who participated in the Boat Parade, noting that it was a great turnout. 2) Reminded the Council and Community, that the City would be hosting the Sister City Program as part of the Chamber Mixer on - Page Sixty-One - City Council Minutes - July 13,2004 Wednesday, July 21st at 5:30 p.m., with representatives from the City's sister City in Tahiti. He explained that there would be an exchange of flags and a variety of gifts. He indicated that it was open to the entire community and free to the public. He clarified that the Council and staff would not be going to Tahiti. 3) Thanked the Council for their efforts this evening. 4) Indicated that staff would get information out about the Area Code Change. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber noted his comments at the last meeting regarding debt on the Stadium; and indicated that he met with the Finance Team and confirmed that about $38 million was still owed, as of today. He explained that it was about $22 million to build and he determined that there was indeed $38 million still owed. He indicated that he looked forward to the study on the tax increments in the RDA. He stressed that he wanted to see a plan to get rid of the debt, which would tie in with what was done with the money received from the sale of the Stadium. He stressed the need for caution with where the money is placed, and indicated it was important to do the right things with the money in hand right now. He noted that there were three outstanding bond issuances, but he felt it was possible to get rid of the debt and more forward. City Manager Watenpaugh noted that there were copies of Mr. Weber's report in Page Sixty-Two - City Council Minutes - July 13,2004 - the Council packets this evening. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Noted the availability of the Homeowners and Renters Tax rebates, and noted that application assistance was available at the Senior Center on Mondays and Tuesdays. He explained that if people had an annual income ofless than $38,000 they could apply and get a rebate. 2) Indicated that he would like the copies of the petty cash disbursements and receipts for the last fiscal year. 3) Advised that Via Del Lago and Via del Luna had requested "no outlet" signs for their streets. - 4) Announced the Senior Center trip to Estudillo Mansion in San Jacinto on July 15th. He suggested calling the Senior Center for information. 5) Indicated that he already had his tickets for the Reverse Drawing. Councilman Schiffner commented on the following: 1) Thanked the audience for attending and sticking around for the meeting. Mayor Pro Tern Kelley commented on the following: 1) Congratulated staff on the July 4th events. Councilman Magee commented on the following: - Page Sixty-Three - City Council Minutes - July 13, 2004 1) Advised that he had been approached by Trauma Intervention Program, to make a presentation before the Council on July 27th. He indicated that he would provide the contact information to the City Manager. Mayor Buckley commented on the following: 1) Announced the following upcoming events. July 20-22 - Baseball Showcase July 24th - Cruise Night ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:40 P.M. ATTEST: EY,MAYOR ELSINORE 21LlJ VICKI KASAD, CMC, CITY CLERK! HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE