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HomeMy WebLinkAbout07-27-2004 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 27, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 7:02 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, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Information/Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Associate Planner Morita, Engineering Manager Seumalo and City Clerk/Human Resources Director Kasad. CLOSED SESSION None. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere. Page Two -City Council Minutes -July 27, 2004 INVOCATION -MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS/CEREMONIALS a. Proclamation -Family of Justin Hunt. (F:122.1) Mayor Buckley called the Family of Justin Hunt forward for presentation, and noted that the United States has many heroes including Justin Hunt. He read and presented the Proclamation to the Hunt family, acknowledging their loss and thanking them for their son's service to the Country. Thomas Hunt thanked the Mayor and Council for this recognition. b. Presentation -Trauma Intervention Program. (F:108.1) Roseanne Orweiler, explained the TIP organization, which is comprised of volunteers who are trained to respond to the calls of first responders, to be with citizens in times of tragedy. She detailed their mandatory continuing education and commented that all walks of life participate as volunteers. She indicated that her participation was due to her own personal tragedy in the loss of her 4-1/2 year old granddaughter. She explained that the organization was intended to provide comfort, practical support and protect the families from further emotional injury. She stressed that they were on ca1124 hours a day, seven days a week, 365 days a year. She noted that the minimum volunteer hours were 17,520 hours per year. She indicated that in the last three months there had been 111 calls, with 47 being for Lake Elsinore citizens. She stressed their level of service to Lake Elsinore and noted that they were happy to provide the service. She advised that they were HIPAA compliant and did not give advice or transport people. She commented that the local chapter was completely volunteer, and were working to pay off their debt to the national organization and make the chapter self supporting. She noted the booklets they distribute at a cost of Page Three -City Council Minutes -July 27, 2004 about $4 per book, and commented that they could always use financial assistance. She indicated that they were generally funded by grants from local governments and their own fund raising efforts. She announced their October 16th Casino night event to raise funds and noted that she would provide the Council with additional information on the event. She indicated that they received about 14 calls a month, and noted that the more calls they received, the happier the volunteers were. Councilman Magee noted a significant tragedy last month on Highway 74 and commented that the volunteers counseled not only the families, but also the school family at Butterfield Elementary for two days, including the students, administration and teachers. He stressed the beneficial work of this organization and requested that they provide a letter proposal to the City Council for a monetary donation. He explained that something was needed to initiate such an action, and stressed that while the group served the entire southwest County, nearly half of the need was in the City limits of Lake Elsinore. He indicated that the Council should support their efforts. Ms. Orweiler noted that the entire area was always covered with available volunteers. Mayor Pro Tem Kelley inquired if they had submitted an application for Community Development Block Grant funds. Ms. Orweiler indicated that was difficult in that they were not keeping statistics on the people who received service. City Manager Watenpaugh confirmed the difficulty of receiving CDBG funds without the proper statistics. Ms. Orweiler noted that they would never say no to assistance. Mayor Buckley looked forward to a letter of request and inquired how potential volunteers could be referred. Mr. Orweiler indicated that they could be given her personal number. c. Presentation -Economic Development Corporation of Southwest Riverside Coun . (F:56.1) Diane Sessions, representing the Economic Development Corporation of Page Four -City Council Minutes -July 27, 2004 Southwest Riverside County, introduced Gary Owens, Golf Tournament Chairman for the organization, and requested the Mayor Buckley join them at the podium. Ms. Session noted that the City's golf team had been Mayor Buckley, Ken Seumalo, David Sapp and Roger Kobata. Mr. Owens noted the regional nature of the Economic Development Corporation, including the cities of Lake Elsinore, Murrieta and Temecula, as well as the County. He noted that the golf tournament was their annual fund raiser, and highlighted the City showdown contest. He detailed the past winners of the showdown and noted that Mr. Seumalo had been on all of the winning teams. d. Presentation -Sister City Ceremony. (F:149.1) Assistant City Manager Best conveyed greetings from the City's Sister City in Tahiti. She detailed the tours provided for the Mayor from that City and noted the ceremonial agreement signing which twines the cities in a partnership. She indicated that there had been an informal opportunity shared by high school students from the two communities, for a number of years. She noted that the initial request for a Sister City relationship had been made in 2002, but it had just been culminated. She presented a video overview of the formal ceremony on July 2151. She displayed the gifts received from Tahiti and noted the gifts presented to Tahiti, including a Key to the City. She indicated that plans were already in the works for next year's celebration. City Manager Watenpaugh noted that the officials in the City of Taiarapu-Quest served for six year terms, with 29 Councilmembers. He further noted that the Mayor is compensated at a rate of $5,000 per month. He thanked City staff for the efforts on the ceremonial event. CLOSED SESSION REPORT No Report. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - i MINUTE Page Five -City Council Minutes -July 27, 2004 Tim Fleming, 17970 Lakeshore Drive, indicated that he was present on behalf of himself and his neighbors, and expressed their heartfelt thanks for the paving of Wilson Way. He thanked Public Works Manager Payne and his staff for a job well done. David Cooper, 32900 Riverside Drive, indicated that he was present to address the issue of prayer again. He commented that he did not think a moment of silence was appropriate. He thanked Mayor Pro Tem Kelley for her letter to Jim Savage on his comments in favor of prayer at the City Council meetings. He indicated that he did not realize that Mayor Pro Tem Kelley had started the Invocation about eight years ago, before the ACLU came in and limited prayers to the point that it was a moment of silence. He commented that there was a law firm that would take on the ACLU for free, so the City would not loose any money at all. He suggested that the City might win. He offered a prayer of blessings for the Council meeting, and for wisdom for the Councilmembers in doing what is best for the community. Ron LaPere, 16867 Wells Street, noted that he had occasion to drive around the City recently; and indicated that compliments should be given to the staff responsible for the weed abatement, and stressed how good the City looks. Lorraine Watts, 210 N. Scrivener, indicated that as President of the NAACP, she was receiving calls about homeless people in a number of areas of the City. She noted that many were children and families and suggested that there was a need for a full service facility to help them. She requested that the Council consider support of such a facility and stressed that there was a family at the end of the Lake in a car nearly every morning. Mayor Buckley noted that there was an item on that topic for consideration later this evening. Paula Graver, 218 Ellis Street, noted that she heard from her son in Iraq last weekend. She further noted her 50th birthday celebration and her reflections on this milestone. She indicated that she had reached and surpassed her dreams and aspirations, so she started a new journey by skydiving at Skydive Elsinore. She commented that it was an awesome experience. She also commented that she Page Six -City Council Minutes -July 27, 2004 would be continuing the Troop Rallies on Saturdays, and would continue sending care packages to the troops. She thanked Elsinore Skydive for their generous donations to the troop efforts. She encouraged residents to stop by the weekly rallies, and offered community service credits to students for participation. She noted that her computer was still down and indicated that if anyone had one to sell or donate they should contact her. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No Comments. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6 and 8. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE CORRECTION TO THE MINUTES OF JUNE 7, 2004, AS NOTED AT THE EARLIER MEETING. The following Minutes were approved: a. City Council Study Session -June 7, 2004. (F:44.4) b. Regular City Council Meeting -June 22, 2004. c. Special City Council Meeting -July 8, 2004. d. City Council Study Session -July 8, 2004. e. City Council Study Session -June 8, 2004. 2. Ratified the following Warrant List: a. July 15, 2004. (F:12.3) Page Seven -City Council Minutes -July 27, 2004 3. Ratified the following Investment Reports: a. May, 2004. b. June, 2004. (F:12.5) 4. Rejected and referred to Claims Administrator for handling the Claim Against the City submitted by Kim Davis (CL #2004-2). (F:52.2) 5. Approved Settlement of Claim submitted by Jose Rubalcava. (F:52.2) 7. Resolutions Confirming Fiscal Year 2003-04 Special Taxes for CFD 88-3 (West Lake Elsinore Public Improvements 3 Phases); CFD 95-1 (Lake Elsinore City Center Public Improvements); CFD 98-1 (Summerhill Public Improvements); CFD 2003-1 (Law Enforcement, Fire and Paramedic Services); and CFD 2004-1 (City Center) -Resolution Nos. 2004-52 thru 2004-56. (F:22.3) RESOLUTION N0.2004-52 A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 88-3. RESOLUTION N0.2004-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 95-1. RESOLUTION N0.2004-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR Page Eight -City Council Minutes -July 27, 2004 OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 98-1. RESOLUTION N0.2004-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003-1. RESOLUTION N0.2004-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2004-1. 9. Authorized City Manager to Approve an Agreement with HDR Engineering, Inc. to Prepare CEQA Compliance Documents for the North Tuscany Hills Project- $83,943. (F:68.1) 10. Approved General Fund Advance Payback Plan from the Agency, as previously approved by the Redevelopment Agency. (F:30.1)(X:134.1) 11. Authorized the City Manager to prepare a contract with Bid America to provide digital imaging services on a bi-annual basis for records conversion and database development and maintenance for the Building Division, of Community Development. (F:68.1)(X:65.1) 12. Awarded Contract for the Swick Matich Restroom Concession Building to DELT Builders in the amount of $463,729.97, authorized the Mayor to execute the contract and approved the transfer of $249,069 from the Park Fee Fund to this project. (F:68.1)(X:114.6) Page Nine -City Council Minutes -July 27, 2004 ITEM PULLED FROM THE CONSENT CALENDAR 8. Proposed Seven Sto~gn Controlled Intersections in the East Canes Estates Neighborhood -Resolution No. 2004-57. (F:162.2) Councilman Magee indicated that he pulled this item from the Consent Calendar to explain that the Summerhill community saw a need and- spoke out to the Council for a solution. He noted that he and Mayor Buckley had been invited to the home of Mr. & Mrs. Tim Lasane, in March for a meeting with the neighborhood. He explained that they expressed a number of concerns about the community, one being the lack of stop signs. He further explained that staff came back with recommendations for additional stop signs, and stressed that it was as a result of getting involved in the community and reaching out to the Council. He thanked Mr. & Mrs. Lasane for the use of their home and their interest in the community. Mayor Buckley detailed the locations for the new stop signs as follow, and noted that they should be in place in the next two weeks: Indian Springs Road at High Crest Drive High Crest Drive at Canyon Estates Drive Ridge View Drive at Canyon Ridge Ridge View Drive at High Crest Drive High Crest Drive at Canyon Ridge Somerset at Canyon Estates Drive Mariposa Drive at Canyon Estates. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0.2004-57. RESOLUTION N0.2004-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE Page Ten -City Council Minutes -July 27, 2004 ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP SIGNS. PUBLIC HEARINGS 21. East Lake Specific Plan Amendment No. 6, General Plan Amendment No. 2003-04, Tentative Tract Map 31920, First Amended and Restated Development Agreement, and Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 -Resolution Nos. 2004-48 to 2004-50 and Ordinance Nos. 1126 to 1127. (F:150.2)(X:68.1) Mayor Buckley opened the public hearing at 7:35 p.m. Community Development Director Brady detailed the items for consideration and highlighted the past considerations and study session on this project. He noted that at the last discussion, the primary concern was the size of the lots, as expressed by a majority of the City Council. He explained that the project was located in the Eastlake Specific Plan, which was comprised of about 3,000 acres. He detailed the location and clarified that Laing Homes was addressing about 707 acres in the central area. He indicated that this was the sixth amendment to the Specific Plan which was originally adopted in 1993. He detailed the previous amendments and noted that the initial proposal by Laing was for a smaller lot subdivision. He explained that with the concerns for the small lot sizes, the project was redesigned to allow for 5,000 square foot lots instead of 3,500 square foot lots. He noted that the Specific Plan Amendment recommends the realignment of Diamond Drive. He advised that the tentative tract was for financial purposes, and detailed the lot configurations. He advised that this proposal included a Development Agreement Amendment, which would vest the project for ten years with two five year extensions, if specific conditions are met. He advised that the final item was the environmental document and detailed the recommendations. He noted the discussions earlier today regarding the golf course and indicated that a more detailed schematic of the golf course area had been provided. He clarified that all of Page Eleven -City Council Minutes -July 27, 2004 the development in the project would have to come back to the Planning Commission and City Council for design review. He further clarified that the Specific Plan was the groundwork for the development. Michael Filler, John Laing Homes, 31900 Mission Trail, Suite 225, thanked staff for their assistance with the applications, and stressed the amount of detail required. He indicated that he had received and reviewed the staff report and concurred with the Conditions of Approval, but requested that condition No. 54 be changed to agree with the current proposal for local streets. He advised that John Laing Homes were home builders and proud of their work; and noted that they had been named Home Builder of the Year. He noted their pride in participating in the community; and stressed the number of prof ect that had never happened in the back basin. He stressed their desire to be part of making Lake Elsinore great and noted that the golf course would be open for all residents. He commented that new businesses would follow the new homes. He noted that many people had come to him with input, thoughts, ideas and suggestions, as he had reached out to the community. He also noted the recent study session for the project and stressed their flexibility to work with the City, if the proposed changes made good business sense, such as modifications to the lot size. He commented that they also accelerated the start of the golf course to Phase 1, so it could be delivered sooner. He indicated that the primary goal was to take the plan and simplify it so it works for everyone and benefits the community. Louie Trujillo, on behalf of Trujillo family trust, 27137 Calendula St., Corona, noted that they invested in the City, due to a vision for the future of Lake Elsinore. He expressed support for the proposed project, noting that the Lake is the heart of the City, and development of the area is beneficial for everyone. He noted that he had first hand knowledge of the benefits of development, and stressed the positive impact of new housing developments. He stressed that this was an opportunity for Lake Elsinore. He noted that in the past the only time he used to come to Lake Elsinore was for his work on narcotics investigations, but the community had changed Page Twelve -City Council Minutes -July 27, 2004 and he is putting his family's business in the community; and his wife is teaching in the community. He expressed support for the project and indicated that it was awin-win situation for everyone concerned. He stressed that he did not want the City to be left behind, and encouraged the Council to move forward. David Loelkes (on behalf of Carmela Loelkes), 25190 Hancock, Murrieta, noted that they have represented the Lehr family over the last several years. He further noted that Mr. Lehr came to Lake Elsinore in the early 1950's, and he and his family have always worked to benefit the City, even donating about 20 acres for the Stadium. He indicated that it was always Mr. Lehr's dream to see Lake Elsinore become a great place to live; however he passed away last year and did not see his dream come true. He noted the number of developers that had not moved ahead and expressed belief that Michael Filler and Laing Homes had found a way to move forward. He commented that there were skeptics on this topic, but the developer had done their homework and intended to build the project. He also commented that there were other interests that did not want the project to succeed, however all of the concerns had been handled. He stressed that the Council should approve the project based on facts, not emotions. Joan Harrison, 15039 Rocking Horse Court, indicated that she had been a resident for one year and encouraged the Council to vote yes on this new project, as it was awin-win situation. She commented that she was proud to be part of Lake Elsinore, and suggested that this project could only increase the revenues for the City, increase property values and provide a golf course. She noted that she had been very active in fund-raising for organizations, and golf courses are great sources to draw funds. She stressed that this project could only be a plus for the community and the youth. She stressed the importance of keeping the money in the community, rather than sending business to the golf courses to the south. She commented that this project would put Lake Elsinore back on the map and encouraged the Council to approve it. Page Thirteen -City Council Minutes -July 27, 2004 Will Buck, 150 E. Lakeshore Drive, #29, stressed the need for recreation in the Lake bottom and expressed concern with houses. He indicated that this project has a lot of problems, and commented that the easiest part of the battle is the Council approval. He commented that the 6,000 square foot lots would allow for a nicer development with more forethought. He suggested that a few hundred number would not change their profit structure, and noted that City property owners were already paying to maintain the dyke. He indicated that the original agreement was for open space/recreation, but now it is proposed to be changed. He commented that one of the big problems he saw was digging down to an elevation of 1223', because that area will hold water below the inlet level since it was almost as low as the bottom of the Lake. He indicated that the pond would have to be dry at the beginning of every rainy season, because if there is water in the flood plain, with a 100 year flood someone will sue the City again. He commented that he thought it could be developed better than it was being developed. He indicated that he understood what they wanted, as they would get the City to pay for the dirt and the golf course out of the RDA funds. He stressed that there would be a long term obligation for the community to pay. He indicated that he was not opposed to residential if it was done right, but he stressed the importance of doing recreation. He stressed that this was a special piece of property and noted that the moto- cross track was told they would get a 100 foot buffer. He stressed that the track brings the City national recognition, but it was just the tip of the iceberg. He suggested that the entire project should be re-thought. Kenneth Harrison Jr., noted that he just moved to 19360 Okechobee Lane; and when he got married and planned to move to Lake Elsinore was questioned on why he would move here. He noted the "Community for Growth" title in the Tahiti video, and stressed that this project was a plan for growth. He stressed that it would add houses and help bring more people to the community. He noted the benefits of bringing both housing and recreation to the community. He encouraged the Council to approve this project. Page Fourteen -City Council Minutes -July 27, 2004 Katie Lackey, 32175 Michele Dr., indicated that she was a 21 year resident, her children were raised here and she is a teacher in the local school. She noted her students' participation in the "What's Right with Lake Elsinore" photo contest and suggested this project fit that category. She indicated that she was excited about the possibility of this development and stressed the need for the additional recreation activities it would provide. She suggested that a prof ect was needed to revitalize the southern portion of the City, and looked forward to having the golf club house for special occasions and the golf course. She stressed that the golf course could be an outstanding opportunity for fund-raising projects such a charity golf tournaments; and indicated that was one of the best ways to raise money for volunteer organizations. She suggested that this development would be an overall improvement to the City and noted that one of her friends from Orange County told her that Laing Homes was one of the top six employers for employee satisfaction. She stressed that the golf course would attract many visitors to the community and commented that she had waited 21 years. for the area to be developed positively. Jack McColley, Chairman of the Board, Lake Elsinore Valley Chamber of Commerce, spoke on behalf of the Board of Directors and member businesses, urging approval of this project. He reiterated that there had been many proposals over the years, but at last, this is a proposal they could proudly support. He stressed that this was a master planned community, by a community partner and active member of the Chamber with an office in the City. He further stressed that they were committed to be long term residents of the community and working with neighbors to mitigate any possible impacts. He indicated that in meeting with the developer they were professional, intelligent and caring members of the community. He stressed that they had changed the plans numerous times to fit the area more closely. He indicated that this proposal was for high quality, lower density residential development, with a much needed golf course. He stressed that they received hundreds of requests annually for a golf course. He noted that the original plan had been greatly reduced, with the origina13,000 Page Fifteen -City Council Minutes -July 27, 2004 homes down to less than 1,500 homes. He stressed that Laing had listened to the concerns and redesigned the project to fit the community. He indicated that with regard to the potential for flooding, the golf course would hold the flood waters; and noted that there was a similar use in the San Fernando Valley, as well as a portion of one of the Menifee Lakes Golf Course. He stressed the excellence of Laing Homes, being named Builder of the Year for 2004. He indicated that the Chamber Board of Directors had unanimously approved support of the concept for this project, and requested City Council approval. Pete Dawson, 18010 Grand, noted that several people had mentioned the Lake as a major factor in the City; and indicated that this project was in the Lake. He suggested that houses in a lakebed was a recipe for disaster. He stressed that five developers had planned to build and cancelled, and indicated that this project was frouht with potential problems. He indicated that the area had been wet five times in 30 years and he had water-skied over the property, and stressed that the flood potential still existed. He commented that the golf course would be in a hole, full of water; and a boat would be needed to play golf. He further commented that there were eight fault zones within this project, and commented that the developer had pat answers for fault zones and flooding. He suggested that common sense would tell them not to put houses there. He recommended stopping the project before it went forward. He suggested doing recreation and the golf course on the flat land and accept the resulting losses. He blamed the previous Council for this issue and indicated that there was plenty of room for houses on the hill. Jerry Harmatz, 512 N. Spring, indicated that Lake Elsinore was on the move with action from all directions. He noted the pending development of Costco, Home Depot and Lowe's, and suggested that it was the beginning of a new Lake Elsinore. He indicated that the aggressive Council and hard working staff would make it happen, and this approval would make the City a major player in the County and State. Page Sixteen -City Council Minutes -July 27, 2004 Ron Hewison, 35 Villa Valtelena, indicated that he was present for the 4th time for virtually the same speech. He thanked Mr. Filler for listening and indicated that his comments were neither for nor against the project. He advised that his comments were being made as a Redevelopment Agency Committee member, and aimed at preventing potential financial difficulties. He addressed the development agreement and indicated that it did not relieve the City of a need to complete the low income housing quota. He indicated that the proposed fee was $1.30 per square foot, which would generate just over $5 million. He noted that after the study session he pulled the Temecula subsidy information, and indicated that their fee was $90,000 per home. He suggested that this project would place the Redevelopment Agency in debt. He addressed the use of DAG fees for the golf course, .and indicated that he had no major problem with contributing, but was concerned with contributing 100%. He wished for a different arrangement with Laing, and reiterated his concern with the $1.30 fee, noting that it would make it tough for the RDA to move forward. He suggested not replacing the Stadium, with the operation of a golf course. Dr. Makam, indicated that he had been in the community for the last 20 years, while practicing in Orange County. He commented that there were tremendous roads everywhere but Lake Elsinore; and indicated that the timing was important for this decision to be made to insure low income housing. He noted that John Laing Homes was one of the best builders in the Country. He stressed the quality and reputation of John Laing Homes and indicated that the best spot for their development was in Lake Elsinore. He noted that the Council had not supported development of the Lake and suggested this would bring an improved housing industry. He suggested that the developer was doing the community a favor; and expressed concern that they might become frustrated by the red tape. Harold Hutchison, 23 Villa Ravena, noted his employment with Washington Mutual and their work with home mortgages. He expressed support for John Laing Homes and this project. He noted that his support was based on the fact that the project would provide $10 million in fees for traffic Page Seventeen -City Council Minutes -July 27, 2004 improvements, increased sales taxes for the community, a new customer base, new customers for retail businesses, and the golf course for improved physical fitness. He recommended a yes vote. Kris Kakkar, majority owner of 400 acres, including the airport and surrounding area, since about 1979, indicated that he came to town and saw the area flooded and the airport flooded, but in 1984 the whole town dried up. He noted the construction of the Levee in the 1990's, and summarized the discussions with the prior developers. He suggested that the John Laing plan was the only legitimate plan that would work and address all of the issues. He indicated that he strongly believed that the project would justify all of the concerned including the community, Council and staff. He commented that it would bring an asset to the community, as well as a lot of new residents to support the motocross. He indicated that he was not opposed to the relocation of the motocross or the airport, but the projects could work together. He suggested that they might or might not stay, but he was willing to work with them for a compromise on both sides. He indicated that Mr. Hiner had been his bookkeeper in 1992 and they started a partnership. He stressed that he was not opposed to the project if it could be worked out; and he has a lot of land to assist them. He suggested that the best project was currently on the table. Jan Vise, Annie's Cafe, indicated that she came to the community four years ago, against the advice of everyone she knows. She noted the bad reputation of the community and indicated that she came anyway, and had seen improvements in the meantime. She commented that she was now very proud to say she lived in Lake Elsinore and she saw it as a good place. She indicated that she had invested all of the equity from her home, in her business; and stressed that the businesses would all benefit from the proposed project. She stressed that the "big guys" were coming to the community, and while she did not know anything about flooding, she knew about fault lines, but that was part of living in California. She indicated that it was possible to sort out the flooding problems; and suggested that the Council could not say no just because people don't want more houses. Page Eighteen -City Council Minutes -July 27, 2004 Phillip Sanders, 21063 Kimberly Court, indicated that he was a three year resident, who moved to Lake Elsinore from Chino Hills, while hearing the same criticisms of the area. He commented that he was an advocate for Lake Elsinore and loved it. He noted that he was a golfer, and a local golf course would be wonderful. He noted that he and his neighbors have to go to other areas to play and he would love to have a golf course near home. He expressed complete support for the project as proposed. Katherine Celli, representing Irene Gallagher (her grandmother), 19000 Stonewood, indicated that they own two properties and moved to Lake Elsinore for recreation. She indicated that the proposed project should be left as a recreation area. Edith Stafford, 29700 Hursh, noted that she has been a resident since 1977, and expressed concern with people getting excited about this project. She stressed the importance of scrutinizing the proposal to be sure it is done with wisdom, common sense and good judgment. She further stressed safety, reiterating that the project is in a floodplain and a Priolo zone, making it like quicksand. She indicated that if an earthquake happened there could be liquefaction and the houses would go down. She addressed her experience with flooding and noted her circumstances in the 1980 flooding. She reiterated the need for common sense and not greed. She admonished the supporters of the project for being greedy. She stressed the importance of looking beyond the surface. She questioned the impact of the traffic and how it would be addressed. She suggested approving recreation and leaving the homes out, or the City would eventually get sued. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:44 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:55 P.M. Community Development Director Brady indicated that Condition #54 should reflect what was in the new Specific Plan requirements, which would allow for two 11 foot lanes with seven feet for parking on each side. Page Nineteen -City Council Minutes -July 27, 2004 Councilman Schiffner noted that anyone who has attended meetings before knows how he feels about this project. He noted that the public comments called it both an improvement to the City and a potential danger, but stressed that those were opinions. He stressed that the Contractor had gone through all the requirements and would continue to work through the regulatory agencies. He indicated that he preferred to trust those opinions. He indicated that he was going to vote in favor of the project and expressed hopes that an adequate number of Council would do the same. Councilman Hickman commented on the difficulty of this decision and noted that everyone wants a golf course. He noted that it was proposed in phases 1 and 2; and since the City was paying for the golf course out of the DAG fees, it was not free. He expressed concern that if the money was going to be invested, then it should all be done in phase 1 so the course could be used. He indicated that his other concern was the I-15 and Railroad Canyon interchange. He noted the upcoming interim improvements. He also noted that he was concerned with the RDA fees at $1.30, and stressed that there was a 15% requirement for low income housing. He concurred with Mr. Kakkar that the motocross was known world wide and noted comments received while renting a car in Hawaii. He noted that the developer had given his guarantee that the track would not be lost. Councilman Magee noted that this project, in some form, had been around for more than ten years, but it has always carried large promises and lawsuits. He noted the attendance of lawyers at this meeting, and suggested they were present to remind the Council that they would sue again. He indicated that he had been on the other side of the table as a developer, consultant and manager of a sewage treatment facility. He noted that in all of those hearing he never brought an attorney, because he did not want to sue anyone. He recognized the efforts of John Laing Homes and commended Mr. Filler for what he had brought forward, with increased lot sizes and the elimination of the zero lot lines. He noted that the average lot size had been enlarged to in excess of 6,600 square feet, which was more Page Twenty- City Council Minutes -July 27, 2004 reflective of the majority of the housing in Lake Elsinore. He further noted that the golf course would now be built after phase 2 or the completion of 727 homes. He suggested that number was many years away. He addressed the staff report and noted that it talked about the motocross facility, adjacent to phase 3, and commented that it would not be affected for several years. He reiterated that the golf course was several years away, and noted Ms. Lackey's comments in support; and noted that he had the honor of meeting her family and members of the golf team, while they were enjoying the Laing Homes suite at the Stadium. He noted that they were very supportive of the project, specifically the golf course, and reiterated that it was several years away. He commented that everyone wanted the golf course, but stressed his focus for this property being, safety, recreation and everything else last. He indicated that after meeting with staff and Laing, he was convinced that the safety for flooding and earthquake were covered. He noted that with regard to recreation this application puts it 728`x, and expressed his belief that it should be second, not after the homes. He indicated that while he was leery and fearful of pending lawsuits if the project is not approved the way they want it; he still wants recreation before homes. Mayor Pro Tem Kelley questioned the traffic circulation and the traffic mitigation features, noting that not all of the people have access to the same materials, so they don't know what remedies are proposed. Community Development Director Brady indicated that in terms of the traffic study a number of signals would be required at various intersections, triggered by construction of homes. He advised that they would participate in the TIF fee, they would be paying $1,200 per unit and they would participate in the TUMF for about $6,600 per unit for traffic improvements. He noted that traffic signals would be required at the intersections of Olive/Mission, Lemon/Mission, Alberta/Mission and Lakeshore/Main, and detailed the guidelines for the installation. He explained that based on the number of units, roads adjacent to the project would need to be widened as well and detailed those locations. Page Twenty-One -City Council Minutes -July 27, 2004 Mayor Pro Tem Kelley questioned the water storage and how many acre feet were in the golf course. Mr. Filler indicated that the golf course was 185 acres and noted that there were three other open space areas to accommodate the need. He deferred to his Engineer for the capacity numbers. Scott Wilson, WMC Consulting Engineers, indicated that it would be about 427 feet more than presently exists, or about 30,900 acre feet. Mayor Pro Tem Kelley questioned the wetlands. Mr. Wilson indicated that they were part of the 404 permit for the levee. He noted that they would need to provide water to the wetlands, and advised that there would be a planted buffer along the southern edge of the project. Mayor Pro Tem Kelley questioned the recreational amenities they would provide in addition to the golf course. Mr. Filler indicated that in addition to the 185 acre golf course they would provide amulti-purpose linear trail around the golf course, which will be available to the public, as well as a community park, a five acre park in the center of the project and three pocket parks. He advised that there would also be three open space buffers and the golf clubhouse. He addressed the timing of the golf course and indicated that he took the comments seriously and they had readjusted the phasing plan to the point where the existing four phase development would be done in three phases of grading and drainage. He detailed the timing for the golf course with grading and construction being a two year process from the time the grading permit is pulled. He indicated that the club house would be complete in phase 1; and the driving range would be complete before all the homes in both phases were completed, which he hoped would be done in two years. Mayor Pro Tem Kelley inquired if he was saying that it would be two years for the golf course. Mr. Filler confirmed that it would be two years from the time the permit was pulled, and detailed the timing. Councilman Magee inquired if the clubhouse would be completed in phase 1. Mr. Filler confirmed. Councilman Magee noted that Specific Plan Page Twenty-Two -City Council Minutes -July 27, 2004 Amendment No. 6 in shows it in phase 2, but the Tract Map does not show it as part of anything and the Development Agreement conditions do not address it at all. He commented that the issue was raised at the 4 p.m. study session today. Mr. Filler indicated that the intent was always to start in phase 1 since the study session. He noted the necessary changes to the Development Agreement as it showed it starting in phase 2 and finishing in phase 3. He indicated that the exhibit showing it in phase 2 is a bit of a misrepresentation, as it should show phases 1 and 2 with grading on the golf course. Councilman Magee noted that the clubhouse, maintenance facilities and driving range were not mentioned in the Development Agreement. Mr. Filler reiterated that they would be starting in phase 1 and stressed the amount of grading required. He clarified the timing for the grading and filling. Mayor Pro Tem Kelley noted that the golf course was addressed but questioned the inclusion of soccer, baseball, and picnic areas. Mr. Filler indicated that they would be provided as part of the other parks, tot lots and recreational facilities. He noted that there might also be a wet play park. Mayor Pro Tem Kelley questioned the need to relocate the motocross, noting that at one point there was an agreement for them to stay. Mr. Filler clarified that the motocross was not on Laing Homes' property, but he sat down with the manager of the facility and talked about an adjacent buffer zone at a later date. Mayor Pro Tem Kelley thanked Mr. Filler for the clarification and commended him on the way they have handled themselves and worked with the concerns from the Council and residents. She noted that everyone had told her that their concerns were addressed. She commented that Mr. Filler spends a lot of time in the City supporting other activities in the community, and has gone out of his way to address the concerns. She stressed that the golf course was moved up and they were saying that it would be done in two years. She indicated she was happy with that, and noted that she realized the grading was monumental. She commented that this had been a very controversial project over many years and if this proposal was not adopted it would fall back to the last adopted Page Twenty-Three -City Council Minutes -July 27, 2004 one, which was the Liberty Project. She stressed that this was not a clear slate, as it was amending something that was already in existence. She commented that there was quite a history and struggle and noted the economic benefits along Mission Trail and throughout the City. She noted the aesthetic benefits of the golf course, trails and playing fields. She further noted that Laing Homes would be responsible to relocated the Diamond Stadium parking lot. She indicated that in her opinion the pros far outweigh the disadvantages. She noted that she would rather have the golf course in two or three years, than not at all. She stressed that this was the only proposal in the immediate future. Councilman Schiffner questioned the commitment from the draw of the permit in about November and the schedule from there. Mr. Filler clarified that the bulk grading would go on for about 9 to 12 months, with construction taking about the same, followed by a four month growing period. He stressed that he wanted to deliver a golf course within two years of the grading permit. Councilman Schiffner reiterated the commitment to two years. Mr. Filler confirmed. Councilman Hickman questioned how many of the 1,400 homes would be built by Laing Homes. Mr. Filler indicated about 33% would be built by Laing with the rest being built by guest builders. Councilman Hickman questioned the CFD on the project. Jeff Herman, representing Laing Homes, indicated that the CFD for this project was expected to range between 1.7% and 2% of the base sales price. Councilman Hickman questioned the total. Mr. Herman indicated that he was uncertain of the total at this point, but would come back with the studies at a later date. Mayor Buckley requested clarification that the 2% would include the property tax, CFD, LLMD and Public Safety CFD. Mr. Herman confirmed. Mayor Pro Tem Kelley noted that 1.9% was the rate in Canyon Hills. Mr. Filler commented that the realize the importance of the golf course and Page Twenty-Four -City Council Minutes -July 27, 2004 they would like to deliver it in two years. He indicated that if the Council so desired they could formulate a new condition of approval that they would not pull any grading permits in phase 2 for residential until the golf course was complete. He commented that the golf course was important and they wanted to be part of the community and deliver as soon as possible. City Attorney Leibold clarified the new condition as offered that there would be no building permit approved until the golf course was complete. Mayor Buckley indicated that he was in favor of growth that would benefit the City and noted that the area requires a signature project. He expressed concern that if the City had to do something, it could do better than this and the developer could still make more money. He addressed the existing problems with the plan, noting that the golf course was the same as in the specific plan, but there is not clubhouse, but there is parking and other baseball soccer fields. He noted that the detail provided on the clubhouse was a box on the drawing, and the other recreational amenities are not discussed. He noted that there was a recreation center in the specific plan, but there was not clubhouse. He indicated that there were five problems with the proposal, transportation, as Railroad Canyon is severely impacted and this would provide more complications. He noted a Condition of Approval so Diamond Drive was not aligned outside the plan area. He indicated that on the technical side, there are CEQA findings of fact and overriding considerations, but commented that 8 of the 26 were false, as the assumptions were self preferential. He indicated that the noise study that was done was in 1993 with no noise producing events occurring at the Stadium. He commented that there had been a lot of discussion on the compaction of the dirt and suggested that the golf course would be dug and flipped onto the other dirt to get properties out of the floodplain. He expressed concern about the ability to hold the floodwater storage. He expressed appreciation that Kris Kakkar was willing to work to keep the motocross open, but noted that there was a similar demographic between the motocross people and the golfers. He addressed the draft EIR regarding ceasing operations and indicated that when the residential project begins, the noise at the airport. will be fine, but there will be other impacts. He Page Twenty-Five -City Council Minutes -July 27, 2004 indicated that with regard to the golf course the parcels are immediately dedicated to the ownership of the City, and expressed concern in that right now golf courses loose money. He questioned who will be operating the golf course. He noted that he was concerned by the original DDA, and questioned what would happen when there was flooding. He further questioned who would be paying to rebuild the golf course if it floods in thirty years. He inquired at what point there was a school plan, noting that when someone moves to a master planned community, they are generally younger families with elementary school kids. He stressed that they usually look for schools inside the development, and suggested that this might cause a marketing problem. He addressed the design and noted that he would love to live on a golf course, but of the 1,500 homes only 30 of them seem to be on the golf course. He suggested that more homes would have a view of Mission Trail than of the golf course. He indicated that the golf course comprised a small amount of land and since the City was paying for it, it had to be done before anything else. He addressed the money the developer would be bringing to the City, and indicated that at the proposed price point, each home would cost the City money. He suggested that at $4,500 a house as contemplated in the development agreement, the City was giving up to $4.4 million in credits for habitat. He noted that when the DDA was discussion in December, 2002, there was discussion of extraordinary costs and that was where the tax increment was going. He indicated that it was up to $19 million nad the golf course was called an extraordinary cost of development, but there was no discussion of it coming from DAG fees. He indicated that the City was essentially giving away the DAG fees that could be used for other roads in the projects or other facilities in the City. He concurred that 80% of the fees should go to the facilities in the project. He indicated this was a handout to justify the use of tax increment for development. He suggested that there was a better approach, being to make it a larger lot community, with more homes on the golf course and a price point of $750,000. He noted that John Husing said the City could support that level of housing and needed it. He indicated that he did some calculations and questioned why the developer would not want to make more money. He indicated that the margin would go up on a per house Page Twenty-Six -City Council Minutes -July 27, 2004 basis, and when it comes to set-aside, when fewer homes are built, there are fewer requirements. He commented that he wanted to be able to vote in favor of this project. He stressed that his approach would honor the pass- thrus, but since it is based on acreage that wouldn't matter with fewer homes. He indicated that at $750,000 the houses would generate enough income to pay for services. He stressed that it would increase property values, and make something the. community could be extremely proud of. He indicated that recreational facilities were needed without question, but stressed that the City had to be sure it could be proud of the neighborhood. He noted that the $750,000 would tend not to be a starter home, and suggested that since the he was not sure the $750,000 homes would back up to Mission Trail, the school could be built at Malaga and Mission Trail. He stressed that a well done, signature development would help the City's image. He indicated that with this development, the motocross, the airport and the Lake, it would make the City a great place to live, and getting better. He stressed the importance of assuring that the project was not short sighted or missing an opportunity. He indicated that the Councilmembers were transitory, but the community was not; and stressed the importance of leaving the right legacy. He stressed that the development which starts the back basin development should benefit everyone and be special. Mayor Buckley closed the public hearing at 9:50 p.m . MOVED BY BUCKLEY, SECONDED BY HICKMAN TO REJECT THE SUPPLEMENTAL E.I.R., WITHOUT PREJUDICE AND ENCOURAGE STAFF AND LAING TO GO BACK FOR ONE MORE ATTEMPT TO GET SOMETHING THAT WILL MERIT A 5-0 VOTE. Councilman Hickman expressed an interest in redesigning the golf course so it runs within the community. MOVED BY SCHIFFNER, SECONDED BY KELLEY A SUBSTITUTE MOTION TO APPROVE THE SUPPLEMENTAL E.I.R., WITH THE ADOPTION OF RESOLUTION N0.2004-50, BASED ON THE FINDINGS. Page Twenty-Seven -City Council Minutes -July 27, 2004 CONTAINED IN THE STAFF REPORT AND ENVIRONMENTAL DOCUMENTATION. Councilman Hickman stressed that this was a special area, and noted that there would be homes at $550,000 and $600,000. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. RESOLUTION N0.2004-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING SUPPLEMENTAL ENVII2ONMENTAL IMPACT REPORT FOR EAST LAKE SPECIFIC PLAN AMENDMENT N0.6 AND ASSOCIATED APPLICATIONS. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION N0.2004-51, APPROVING GENERAL PLAN AMENDMENT N0.2003-04, BASED ON THE FINDINGS CONTAINED IN THE STAFF REPORT AND RESOLUTION AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Magee inquired when it would be appropriate to add or modify conditions. City Attorney Leibold urged the Council to consider amendments as part of the Specific Plan Amendment and incorporate similar conditions of approval in the Tract Map and Development Agreement; and clarified the votes to be taken. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. RESOLUTION N0.2004-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE Page Twenty-Eight -City Council Minutes -July 27, 2004 ELSINORE, APPROVING GENERAL PLAN AMENDMENT NO. 2003- 04 TO AMEND THE CIRCULATION ELEMENT OF THE GENERAL PLAN. Councilman Hickman inquired if this constituted the approval of the project. City Attorney Leibold clarified that it had met the CEQA requirements. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1126, APPROVING SPECIFIC PLAN AMENDMENT N0.6, UPON FIRST READING BY TITLE ONLY, BASED ON THE FINDINGS CONTAINED IN THE STAFF REPORT AND ORDINANCE AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Magee indicated that there were three specific modifications related to this motion including revision of Condition No. 54 adopting the staff recommendation with regard to the width of the road. He further indicated that Condition No. 12 should be modified with regard to the hours of operation, limiting them to Monday through Friday. He also indicated that there should be a completely new condition requiring that prior to the issuance of the first Certificate of Occupancy for the first structure, the applicant shall have completed the construction of the golf course, driving range, clubhouse and maintenance facility, which will all be approved by the Planning Commission and City Council. Mayor Pro Tem Kelley questioned the feeling of the applicant on this issue. Mr. Filler indicated that he could make it work. Councilman Hickman inquired who would retain ownership of the golf course. Councilman Magee indicated that the Tract Map exhibit answered that question. He advised that the golf course would be publicly maintained and the clubhouse would be privately maintained. He clarified that his motion would be for private operation of the golf course, with it being open to the public. Mayor Buckley suggested that this would not only open the doors, but would require that the Laing group own it. Councilman Magee indicated that was his understanding, but it was not reflected in the materials. Page Twenty-Nine -City Council Minutes -July 27, 2004 City Manager Watenpaugh indicated that he understood that when it started, it would be in the Community Facilities District, but at the end of three years the City would have an option to accept dedication of it; however there had not been a lot of discussion of that point to date. He stressed that his understanding was that it would be privately operated, but open to the public for use. Councilman Magee stressed that it should be privately maintained. Councilman Schiffner suggested that requirement should be made part of the motion. Councilman Hickman questioned how the City would make revenue off the golf course, if the bill was being paid by DAG fees. Councilman Magee indicated that he would view it the same as the motocross track, with people coming into the community, going to restaurants and spending money. He stressed that they would leave their money. Councilman Hickman further questioned how the money would be recouped, and if the City could get a percentage cut on it. City Attorney Leibold suggested hearing from the developer on their acceptance of ongoing ownership and maintenance obligations. She indicated that it would seem to her that the designation on the Tract Map inaccurately reflects the public obligation. She suggested that she was hearing that it was a developer obligation to develop, operate and maintain the golf course as a private venture open to the public. She further suggested that the Council might want to require that it be offered for dedication, but if it was not accepted, they would be free to convey to the others if it was maintained as a public golf course. Councilman Hickman addressed the negotiations for the Stadium; and commented that the City was being relieved of a''/z million to operate, so they did not want to step into a golf course. City Attorney Leibold indicated that the proposed amendment would make it clear that the City was not obligated to take it over; it would treat it as an opportunity, not an obligation. Mayor Buckley commented that it was part of the Tentative Tract Map, but every tract map had said the same. City Manager Watenpaugh clarified that the developer was obligated to build it, but questioned if the Council was obligating the developer to operate it or if someone else could operate it if it was open to the public. City Attorney Leibold noted that the Council Page Thirty -City Council Minutes -July 27, 2004 wanted the offer of dedication at a later date. She encouraged the Council to hear comments from the developer. Mr. Filler indicated that the ownership was fine as stipulated and they would got the route of offering the golf course to the City for their option to accept it. He confirmed that they would put it in and operate it, but questioned the new condition.:He indicated that they would like the verbiage regarding occupancy changed to allow them to not pull a building permit in Phase 2, but they want to build homes in Phase 1, with completion of the golf course before building permits in Phase 2. Councilman Magee indicated that he understood that the first time it was not included in the motion. Mayor Buckley questioned if the requirement was before a house was requested. Councilman Magee clarified that the first occupancy should not be granted until the golf facilities were complete. The Applicant requested a recess for discussion of this new proposal. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:19 P.M. THE FOREGOING MOTION WAS RESCINDED BY MAYOR PRO TEM KELLEY WITH THE CONSENT OF THE SECOND. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1126, APPROVING THE EAST LAKE SPECIFIC PLAN AMENDMENT N0.6, AMENDING CONDITION 54 AS RECOMMENDED BY STAFF REGARDING ROAD WIDTH AND ALL OTHER CONDITIONS REMAINING THE SAME; AND AN ADDITIONAL CONDITION THAT "PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE FIRST STRUCTURE, THE DEVELOPER OR HIS SUCCESSOR SHALL HAVE COMPLETED CONSTRUCTION AND RECEIVED THE CERTIFICATE OF OCCUPANCY FOR THE ENTIItE GOLF FACILITY, WITH ALL Page Thirty-One -City Council Minutes -July 27, 2004 COMPONENTS BEING APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL. SAID FACILITY SHALL BE PRIVATELY MAINTAINED AND OPEN TO THE PUBLIC, AND SHALL BE OFFERED TO THE CITY AT A FUTURE DATE," UPON FII2ST READING BY TITLE ONLY, BASED ON THE FINDINGS CONTAINED IN THE STAFF REPORT AND ORDINANCE AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Schiffner inquired if the developer would accept this recommendation. Councilman Hickman questioned when the golf course would be completed. Councilman Magee clarified that the intent was before the first home was occupied. He addressed Mr. Filler and thanked him for his patience and hard work to bring this project to the community He asked of Mr. Filler, with this motion, if there could be a promise that there would be no more lawsuits. Mr. Filler confirmed. ORDINANCE NO. 1126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EAST LAKE SPECIFIC PLAN AMENDMENT N0.6. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE TENTATIVE TRACT MAP N0.31920 BASED ON THE FINDINGS Page Thirty-Two -City Council Minutes -July 27, 2004 CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Magee noted that in approving the Map, there was still the issue of the publicly maintained golf course. He explained that it was currently listed on the map so he was looking at how to resolve that issue. City Attorney Leibold recommended a correction on the map to clarify. Councilman Schiffner inquired if the notation on the plan could be eliminated. City Attorney Leibold confirmed. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1127, APPROVING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT, UPON FIRST READING BY TITLE ONLY Councilman Magee questioned the need for amendment to be consistent with the previously approved actions. City Attorney Leibold indicated that she could work with staff to ensure the golf course defines all facilities and the maintains the same phasing in the new condition to the Specific Plan Amendment; and clarifies the comment on the offer of dedication in Section 12.2. ORDINANCE NO. 1127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 956 AND APPROVING AN AMENDMENT IN PART AND TERMINATION IN PART OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND EASTLAKE COMMUNITY BUILDERS. UPON THE FOLLOWING ROLL CALL VOTE: Page Thirty-Three -City Council Minutes -July 27, 2004 AYES: COUNCILMEMBERS: KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 1. The Supplemental EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of the East Lake Specific Plan Amendment No. 6 and associated discretionary approvals. The East Lake Specific Plan Amendment No. 6 and associated discretionary approvals will result in significant unavoidable .air quality and noise impacts regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations Page Thirty-Four -City Council Minutes -July 27, 2004 "balances" the proposed project against its unavoidable environmental effects. 2. The proposed applications will have significant unavoidable cumulative air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of mitigation measures. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The proposed applications have the potential to adversely. affect humans, either directly or indirectly, as a result of significant unavoidable air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of mitigation measures. These impacts may potentially affect humans. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 4. The City Council finds the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 to be complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. The Supplemental EIR, which was prepared in accordance with Section 15163 Page Thirty-Five -City Council Minutes -July 27, 2004 of the State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 5. In accordance with Section 15091 of the CEQA Guidelines, the Statement of Findings included within the Supplemental EIR makes written findings for each significant environmental effect associated with the proposed applications. 6. The City Council finds that all significant effects on the environment associated with this approval of the proposed applications have been eliminated or substantially lessened where feasible and that the remaining air quality and noise impacts found to be unavoidable, are acceptable due to overriding concerns. 7. The City Council finds that the Supplemental EIR reflects the City's independent judgment and analysis. General Plan Amendment No. 2003-04 1. General Plan Amendment No. 2003-04 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed East Lake Specific Plan Amendment No. 6 area or within the City, or b) injurious to property or improvements in the neighborhood or within the City. The proposed realignment of Diamond Drive and widening of project streets will alleviate potential congestion and improve traffic safety. The requested Page Thirty-Six -City Council Minutes -July 27, 2004 General Plan Amendment will allow the project's land use plan to be realized and implemented. 2. General Plan Amendment No. 2003-04 will permit reasonable development of the area consistent with its constraints. The proposed realignment of Diamond Drive and widening of project streets will alleviate potential congestion and improve traffic safety. The requested General Plan Amendment will allow the project's land use plan to be realized and implemented. 3. General Plan Amendment No. 2003-04 will establish a land use density and usage more in character with the project site's location, access, and constraints. The requested General Plan Amendment will allow the project's land use plan to be realized and implemented. The requested General Plan Amendment will allow construction of future residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. 4. General Plan Amendment No. 2003-04 will not have a significant effect on the environment. The proposed realignment of Diamond Drive and widening of project streets will alleviate potential congestion and improve traffic safety. East Lake Specific Plan Amendment No. 6 1. Specific Plan Amendment No. 6 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately Page Thirty-Seven -City Council Minutes -July 27, 2004 provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. 2. Specific Plan Amendment No. 6 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. The Specific Plan Amendment No. 6 document is consistent with the General Plan and other plans and policies of the City. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. 3. Those issues, standards, guidelines, etc. not addressed in the East Lake Specific Plan Amendment No. 6 will revert to the 1993 East Lake Specific Plan, City Municipal Code and/or Zoning Code in effect at the time future projects are proposed. As discussed, the Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future .development and design of the East Lake Phase I area. Those standards, guidelines, etc. that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 4. Development standards and regulations contained in East Lake Specific Plan Amendment No. 6 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No. 6 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. As discussed, the Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately Page Thirty-Eight -City Council Minutes -July 27, 2004 provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. Those standards, guidelines, etc. that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 5. Location of East Lake Specific Plan Amendment No. 6 allows future development to be well-integrated with its surroundings. The proposed project will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. 6. Specific Plan Amendment No. 6 will be adequately serviced by existing and/or future public facilities and services. Future development is conditioned and required to acquire will-serve letters and clearances from public services and utility agencies, prior to construction. 7. Overall design of Specific Plan Amendment No. 6 will produce attractive, efficient and stable development. The proposed project will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses will be attractive, efficient, and stable. Future development requires Design Review approval which ensures attractive projects are constructed. 8. Specific Plan Amendment No. 6 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. Page Thirty-Nine -City Council Minutes -July 27, 2004 Future projects require Design Review approval which ensures safe development is constructed within the Phase I area. Future development is also required to comply with the Uniform Building Code and applicable Municipal Code regulations which further ensures safety and welfare. Tentative Tract Man No. 31920 1 TTM No. 31920, together with the provisions for its design and improvement, is consistent with the General Plan and the East Lake Specific Plan Amendment No. 6. 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 project is consistent with the proposed land use plan, development and design standards, and all other appropriate requirements contained in the East Lake Specific Plan Amendment No. 6 document, General Plan, and City Municipal Code. 2. The effects that TTM No. 31920 are 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 East Lake Specific Plan Amendment No. 6 document, .will provide necessary public services and facilities, will pay all appropriate fees, and will balance all environmental impacts, with approval of a Statement of Overriding Considerations. 3. The design of TTM No. 31920 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. Amended Development Agreement Page Forty -City Council Minutes -July 27, 2004 1. The Amended Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Amended Development Agreement addresses funding mechanisms and procedures to ensure the East Lake Specific Plan Amendment No. 6 project is constructed and implemented in accordance with the General Plan. 2. The Amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for in the East Lake Specific Plan Amendment No. 6 document, which is where the real property is located. The Amended Development Agreement addresses funding mechanisms and procedures to ensure the East Lake Specific Plan Amendment No. 6 project is constructed and implemented in accordance with the General Plan. 3. The Amended Development Agreement conforms with the public convenience and general welfare and reflects good land use practices. The Amended Development Agreement supports the proposed project, which will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses reflect good land use practices and will conform to the public welfare. 4. The Amended Development Agreement will not be detrimental to the health, safety and general welfare of the community. The Amended Development Agreement supports the proposed project, which will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses reflect good land use practices and will not conflict with the general welfare of the community. Page Forty-One -City Council Minutes -July 27, 2004 5. The Amended Development Agreement will not affect the orderly development of property or the preservation of property. The Amended Development Agreement supports the proposed project, which will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses will be constructed in orderly phases and will preserve habitat areas as appropriate. 6. The Amended Development Agreement is consistent with the provisions of Government Code Section 65864-65869.5. The form and content of the Amended Development Agreement is consistent with the requirements of the Government Code. CONDITIONS OF APPROVAL EAST LAKE SPECIFIC PLAN AMENDMENT N0.6, GENERAL PLAN AMENDMENT N0.2003-04, AND DEVELOPMENT AGREEMENT PLANNING DIVISION General Conditions 1. The Draft East Lake Specific Plan Amendment No. 6 shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final East Lake Specific Plan Amendment No. 6 document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the East Lake Specific Plan Amendment No. 6 document and any required revisions are administratively approved by the Community Development Director or designee. 2. The current overflow parking area will continue to be designated General Commercial and will be available for use as an overflow parking lot until such Page Forty-Two -City Council Minutes -July 27, 2004 time as other parking facilities have been created in the vicinity of the stadium. 3. The applicant shall construct or pay for the reasonable cost of construction of an eight-foot decorative block wall at the top of the grass berm near the stadium for noise attenuation. 4. Residences backing onto Malaga Road and along the southerly extension of Diamond Drive for distance of ,1,300 feet from the current stadium public address system speakers shall implement the following design measures: • Window glazing shall approximate an STC rating of 28 for all windows in habitable rooms on the rear or side elevations of affected residences. • All roof mounted or gable end-located attic vents shall be baffled. • The applicant shall be responsible for all disclosures to buyers of residences regarding potential noise sources located near future residences. 5. The Final East Lake Specific Plan Amendment No. 6 document shall select the design alternative for the Multi-Use Park and Overflow Parking Lot for the Diamond Stadium which locates the overflow parking lot closer to the stadium (Figure 21A, from the Specific Plan Amendment No. 6 document). 6. Future development shall comply with those standards and guidelines contained in the Land Use Plan,'Circulation Plan, Drainage Plan, Water and Sewer Plan, Dry Utilities Plan, Open Space Plan, Development Regulations, Design Guidelines, and Implementation Plan as contained in the East Lake Specific Plan Amendment No. 6 document. 7. Those issues, standards, guidelines, etc. not addressed in the East Lake Specific Plan Amendment No. 6 document and/or the 1993 Specific Plan will revert to the City Municipal Code and/or Zoning Code as of the date established by the 2004 Amended Development Agreement. 8. The applicant shall provide all project-related onsite and offsite improvements as described in the East Lake Specific Plan Amendment No. 6 document. Page Forty-Three -City Council Minutes -July 27, 2004 9. All future development in accordance with the East Lake Specific Plan Amendment No. 6 document shall require Planning Commission and City Council consideration and approval of Tentative Tract Map(s) and Design Review application(s). l O.The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Programs for the original 1993 East Lake Specific Plan Final Environmental Impact Report and the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6. 11.A11 future proposals shall be reviewed by the City on aproject-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 12.Site preparation activity and construction shall not commence before 7:00 a.m. and shall cease at 7:00 p.m., Monday through Saturday. Construction activity shall not take place on Sunday, or any Legal Holidays. 13.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, Consultants or Agents 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 East Lake 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. 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. 14.The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Page Forty-Four -City Council Minutes -July 27, 2004 15.The applicant shall comply with those conditions of approval required by the Fire Department (see attached). The attached conditions require implementation prior to Final Map recordation, Grading Permit issuance, or Building Permit issuance. Major conditions include: • The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore, as of the date established by the 2004 Amended Development Agreement. • All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 andlor No. 787.1. • Prepare a Fuel Modification Plan, subject to approval by the Fire Department. • The Homeowner's Association shall be responsible for implementing the Fuel Modification Plan. • The project shall provide an alternate or secondary access. 16.Future development shall comply with those requirements and provisions contained in the 2004 Amended Development Agreement between the City and Laing Homes. All references to the 1994 Amended Development Agreement shall be 2004. 17.A11 Conditions of Approval are subject to the terms and limitations of the 2004 Amended Development Agreement between the City of Lake Elsinore and Laing Homes. Prior to Final Tract Map~proval 18.A11 lots shall comply with applicable standards contained in the East Lake Specific Plan Amendment No. 6 document and Municipal and Zoning Codes. Page Forty-Five -City Council Minutes -July 27, 2004 19.A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code. 20.Street names within the subdivision shall be approved by the Community Development Director or Designee. 21.A11 of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 22.Prior to approval of the Final Map or if deemed appropriate by the Community Development Director or designee, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, drainage easements, all right-of--way landscaping, medians, slopes, walls, and focal parks. 23.Prior to Final Map approval, the applicant shall submit a Detailed Phasing, Improvement and Phasing Plan for the entire Specific Plan Amendment No. 6 area, subject to approval by the Community Development Director and Engineering Manager, or designee. Prior to Design Review Approval 24.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the Fire Department. 25.A11 future structural development associated with the East Lake Specific Plan Amendment No. 6, including subdivision maps require separate Design Review approval. Page Forty-Six -City Council Minutes -July 27, 2004 26.The applicant (master developer) shall prepare aCommunity-Wide Wall Plan for the entire East Lake Specific Plan Amendment No. 6 area. Said plan shall show that decorative, masonry, concrete block walls will be constructed around the boundaries of each phased area. 27.The applicant (master developer) shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc. Prior to Grading Permit Issuance 28.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. 29.Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those, grading standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document. 30.Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 31.Grading easements shall be coordinated with affected property owners. 32.Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 33.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. Interim and permanent erosion control measures are required. The applicant shall bond 100 Page Forty-Seven -City Council Minutes -July 27, 2004 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 34.The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. 35.The applicant shall annex into Landscape and Street Lighting Maintenance District No. 1 to offset the cost of the City maintaining the street lighting. As indicated, the HOA shall maintain all right-of--way landscaping, medians, parkways, slopes and focal parks. 36.The applicant shall annex into Community Facilities District 2003-01 related to the City-Wide Community Facilities District for Public Safety to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 37.The applicant shall pay all appropriate traffic impact mitigation fees as of the date established by the 2004 Amended Development Agreement. 38.The applicant shall pay appropriate TUMF fees or construct the necessary improvements along the I-15 Freeway at Railroad Canyon Road and acquire approval for any TUMF reimbursement from WRCOG, RCTC, and the City. 39.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. 40.Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. Page Forty-Eight -City Council Minutes -July 27, 2004 41.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 42.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 43.Pay all applicable fees including park fees. 44.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. 45.Prior to issuance of building permits for each future tract, the applicant or merchant builder for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that decorative, masonry, concrete block walls will be constructed around each tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 46.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 applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Page Forty-Nine -City Council Minutes -July 27, 2004 47.The applicant shall meet all requirements of the providing electric utility company. 48.The applicant shall meet all requirements of the providing gas utility company. 49.The applicant shall meet all requirements of the providing telephone utility company. SO.A bond is required guaranteeing the removal of all trailers used during construction. S1.Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. Prior to Certi tcate o Occupancy Issuance 52.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along project and perimeter streets and other connecting roads shall be applied to minimize fugitive dust generation. 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. ENGINEERING DIVISION 53.The Draft East Lake Specific Plan Amendment No. 6 shall incorporate all recommendations stated in the approved traffic study. 54.The cross section of the local roadway shall allow for two 11-foot drive isle with 7-foot parking shoulders allowed on each side. 55.A11 future proposals in the Specific Plan shall require a soils report, hydrology report, traffic study and an Alquist-Priolo study. Additional studies shall be required at the discretion of the Engineering Manager. Page Fifty -City Council Minutes -July 27, 2004 56.No imported borrow from outside the Specific Plan area as described in City Ordinance 1105 shall be allowed. 57.In accordance with City Ordinance 1105, as directed by the Flood Plain Administrator, the minimum foundation elevation shall be 1267. No foundation or basement shall be constructed below this elevation unless approved by the Engineering Manager. 58.A11 grading in the Specific Plan Area shall comply with the Regional Water Quality Control Board Regulation and the Riverside County Permit for the Santa Ana Region. 59.A11 applicants in the Specific Plan Amendment No. 6 area shall be subject to all mitigation, capital improvement and plan check processes, fees and regulations. 60.Those issues, standards, guidelines, etc. not addressed in the East Lake Specific Plan Amendment No. 6 document and/or the 1993 Specific Plan will revert to the City Municipal Code and/or Zoning Code as of the date established by the 2004 Amended Development Agreement. 61.The applicant shall provide all project-related onsite and offsite improvements as described in the original 1993 East Lake Specific Plan and as superceded by the East Lake Specific Plan Amendment No. 6 document. 62.A11 applicants for projects within the East Lake Specific Plan shall be subject to additional Engineering Conditions of Approval in conjunction with future Design Review applications, grading plan approvals, and other required City approvals and entitlements. 63. Prior to the issuance of the certificate of occupancy for the first structure, the developer or his successor shall have completed construction and received the certificate of occupancy for the entire golf facility, with all components being approved by the Planning Commission and City Council. Said facility shall be privately maintained and open to the public, and may be offered to the city at a future date. Page Fifty-One -City Council Minutes -July 27, 2004 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP N0.31920 PLANNING DIVISION General Conditions 1. Tentative Tract Map No. 31920 will expire two years from the 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 and/or Section 12.12 of the 2004 Amended Development Agreement between the City and Laing Homes. Additional extensions of time shall be granted as provided in Section 12.12 of the Development Agreement. 2. Future development shall comply with those standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document and conditions of approval established with the original 1993 East Lake Specific Plan and East Lake Specific Plan Amendment No. 6. 3. Tentative Tract Map No. 31920 shall comply with the State of California Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the 2004 Amended Development Agreement between the City and Laing Homes. All references to the 1994 Amended Development Agreement shall be 2004. 5. The applicant shall provide all project-related onsite and offsite improvements as described in the original 1993 East Lake Specific Plan and as superceded by the East Lake Specific Plan Amendment No. 6 document. 6. The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Programs for the original 1993 East Lake Specific Plan Page Fifty-Two -City Council Minutes -July 27, 2004 Final Environmental Impact Report and the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6. 7. All future proposals shall be reviewed by the City on aproject-by-project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 8. The applicant shall comply with those conditions of approval required by the Fire Department (see attached). The attached conditions require implementation prior to Final Map recordation, Grading Permit issuance, or Building Permit issuance. Major conditions include: • The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore as of the date established by the Development Agreement. • All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and/or No. 787.1. • Prepare a Fuel Modification Plan, subject to approval by the Fire Department. • The Homeowner's Association shall be responsible for implementing the Fuel Modification Plan. • The project shall provide an alternate or secondary access. 9. 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, Consultants or Agents 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 East Lake Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Page Fifty-Three -City Council Minutes -July 27, 2004 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. l0.Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 7:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11.The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12.A11 Conditions of Approval are subject to the terms and limitations of the 2004 Amended Development Agreement between the City of Lake Elsinore and Laing Homes. Prior to Final Tract Map Ap rp oval 13.A11 lots shall comply with applicable standards contained in the East Lake Specific Plan Amendment No. 6 document and Municipal and Zoning Codes. 14.A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16.A11 of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17.Prior to approval of the Final Map or if deemed appropriate by the Community Page Fifty-Four -City Council Minutes -July 27, 2004 Development Director or designee, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and.. the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC&Rs). At a minimum, the CC&Rs shall include language to ensure the HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, drainage easements, all right-of--way landscaping, medians, slopes, walls, and focal parks. 18.Prior to Final Map approval, the applicant shall submit a Detailed Phasing, Improvement and Phasing Plan for the entire Tentative Tract Map No. 31920 area, subject to approval by the Community Development Director and Engineering Manager, or designee. Prior to Design Review Approval 19.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the Fire Department. 20.A11 future structural development associated with the East Lake Specific Plan Amendment No. 6, including subdivision maps require separate Design Review approval. 21.The applicant (master developer) shall prepare aCommunity-Wide Wall Plan for the entire East Lake Specific Plan Amendment No. 6 and TTM No. 31920 area. Said plan shall show that decorative, masonry, concrete block walls will be constructed around the boundaries of each phased area. 22.The applicant (master developer) shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc. Page Fifty-Five -City Council Minutes -July 27, 2004 Prior to Grading Permit Issuance 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.Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document. 25.Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 26.Grading easements shall be coordinated with affected property owners. 27.Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 28.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. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 29.The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in-lieu-of fees, or a combination of both. Page Fifty-Six -City Council Minutes -July 27, 2004 30.The applicant shall annex into Landscape and Street Lighting Maintenance District No. 1 to offset the cost of the City maintaining the street lighting. As indicated, the HOA shall maintain all right-of--way landscaping, medians, parkways, slopes and focal parks. 31.The applicant shall annex into Community Facilities District 2003-01 related to the City-Wide Community Facilities District for Public Safety to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 32.The applicant shall pay all appropriate traffic impact mitigation fees. 33.The applicant shall pay appropriate TUMF fees or construct the necessary improvements along the I-15 Freeway at Railroad Canyon Road and acquire approval for any TUMF reimbursement from WRCOG, RCTC, and the City. 34.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. 35.Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 36.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 37.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 38.Pay all applicable fees including park fees. Page Fifty-Seven -City Council Minutes -July 27, 2004 39.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. 40.Prior to issuance of building permits for each future tract, the applicant or merchant builder for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that decorative, masonry, concrete block walls will be constructed around each tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 41.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 applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 42.The applicant shall meet all requirements of the providing electric utility company. 43.The applicant shall meet all requirements of the providing gas utility company. 44.The applicant shall meet all requirements of the providing telephone utility company. Page Fifty-Eight -City Council Minutes -July 27, 2004 45.A bond is required guaranteeing the removal of all trailers used during construction. 46.Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. Prior to Certificate of Occupancy Issuance 47.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along project and perimeter streets and other connecting roads shall be applied to minimize fugitive dust generation. 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. ENGINEERING DIVISION 48.Applicant shall incorporate the recommendations of the traffic study - Southerly (Tentative Tract 31920) Traffic Phasing Analysis City of Lake Elsinore, California, dated February 6, 2004, pages 1-6 through 1-24 (attached) and as modified, added, or deleted as follows: • Applicant shall construct a traffic signal at Diamond Drive and south "C" Street prior to the school opening or issuance of the 50th certificate of occupancy. • Applicant shall NOT construct Railroad Canyon Road at Summerhill Dr - NB right turn lane as described in the Traffic Study. (This improvement is scheduled for construction 2004/2005) • A bond shall be submitted and maintained for the improvements to Railroad Canyon Road at I-15 NB ramps until such a time that the pending Caltrans Project Report identifies the specific interchange improvements. Availability for reimbursement for these improvements shall be subject to approval from WRCOG, RCTC and the City. Page Fifty-Nine -City Council Minutes -July 27, 2004 • Applicant shall construct the traffic signal at Main Street and Lakeshore Drive as indicated in the Traffic report. The signal shall be operational prior to issuance of the 250th certificate of occupancy. • Applicant shall construct the traffic signal at Mission Trial and Olive Street as indicated. The signal shall be operational prior to issuance of the 300th certificate of occupancy. • Applicant shall construct the traffic signal at Mission Trial and Lemon Street as indicated in the traffic study. The signal shall be operational prior to issuance of the 300th certificate of occupancy. • Applicant shall install the traffic signal at Bundy Canyon Road/I-15 Freeway ramps. This improvement is not in the City's TIF; fee credit agreements will not apply. The signal shall be operational prior to the issuance of the 501st certificate of occupancy. • Applicant shall install the traffic signal at Mission Trail and Elberta Road as indicated in the traffic study. The signal shall be operational prior to the issuance of the 50th certificate of occupancy. • Applicant shall construct Mission Trail including a raised median as indicated in the traffic study. • Applicant shall construct Malaga Road as indicated in the traffic study. A raised median shall be included with the improvements. • The project Specific Plan Amendment Traffic Study does not identify the Diamond Drive alignment improvement from Campbell Street to Lakeshore Drive/Mission Trail as a project offsite mitigation measure, but project TIF funds may be focused on this improvement. Page Sixty -City Council Minutes -July 27, 2004 • Applicant shall construct the extension of Diamond Drive through the project. The cross section shall conform to the recommendations in the approved traffic study. • Applicant shall provide an alignment study for Bundy Canyon Road from the project's east boundary to Corydon Street as directed and approved by the City Engineering Manager. • Internal streets as shown on Tentative Tract Map 31920 shall comply with the approved roadway cross sections shown in the traffic study document. 49.Per Ordinance 1105 as interpreted by the Flood Plain Administrator, the minimum foundation elevation shall be 1267. No foundation or basement shall be constructed below this elevation unless approved by the City Engineering Manager. SO.AII 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. S 1.All Capital Improvement, Mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). 52.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 53.A11 public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 54.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. Page Sixty-One -City Council Minutes -July 27, 2004 SS.Pay all fees and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 56.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8-1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 58.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. 59.Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 60.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. 61.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 62.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs for streets within the tract. 63.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or applicant to pay $300 per sheet for City digitizing. Page Sixty-Two -City Council Minutes -July 27, 2004 64.A11 utilities except electrical power lines greater than 12KV shall be placed underground, as approved by the serving utility. 65.Applicant shall 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 Engineering Manager. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 66.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67.An Alquist-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 68.A11 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 feet in height shall be contoured. 69.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non-historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. 70.On-site drainage facilities located outside the road right-of--way shall 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 Sixty-Three -City Council Minutes -July 27, 2004 71.A11 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. 72.Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 74.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 Engineering Manager. 75.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 76.Ten-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of--way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 77.Applicant shall be subject to all Master Planned Drainage fees as of the date of the 2004 Amended Development Agreement. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. 78.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. 79.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 Page Sixty-Four -City Council Minutes -July 27, 2004 describes BMP's that will be implemented for the development and including maintenance responsibilities. 80.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 81.Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 83.Applicant shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the City Engineering Manager. 84.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 85.Applicant shall annex into the Landscape and Street Lighting Maintenance District No. 1 to maintain the storm drain system, including the detention basin and storm drain inlets. 86.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR&R Inc., for Page Sixty-Five -City Council Minutes -July 27, 2004 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. Mayor Buckley closed the public hearing at 10:30 p.m. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:31 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:39 P.M. 22. Tentative Parcel Map 31357 -Sam & Yolla Rizk -North West Corner of Mountain Street/Raveta Lane. (F:110.2) Mayor Buckley opened the public hearing at 10:40 p.m. Community Development Director Brady highlighted this project and detailed the location. He explained that the Planning Commission heard the item on July 6`t` and recommended approval. He clarified that the applicant was planning to build conventional homes on the properties. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Pro Tem Kelley requested clarification that the proposed homes were stick built homes, rather than manufactured homes. Sam Rizk, 1530 San Monte, Corona, indicated that he was the architect and the proposed product would be in a category between tract homes and custom homes. He stressed that they would be a little better than tract homes, and some of the applicants would be occupying the homes. Mayor Buckley closed the public hearing at 10:42 p.m. Page Sixty-Six -City Council Minutes -July 27, 2004 MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 31357 BASED ON THE FOLLOWING FINDINGS & EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Y 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; 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 area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, 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 project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General 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 Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Page Sixty-Seven -City Council Minutes -July 27, 2004 4. The design of the subdivisions 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 GENERAL 1. 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, or Agents 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 Tentative Parcel Map No. 31357, 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. 2. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. 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. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the Page Sixty-Eight -City Council Minutes -July 27, 2004 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. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). ~. All future structural development associated with this map requires .separate Design Review approval. 10. 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. 11. 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. t2. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from Page Sixty-Nine -City Council Minutes -July 27, 2004 the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall meet all requirements of the providing electric utility company. 1G. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 1s. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. 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. ENGINEERING 21.Dedicate full half-width cross section of 30-feet for the project frontage on Raveta Lane. 22.Construct full half-width cross section of 20-feet plus 4-additional feet across the centerline to provide two lanes of traffic for the project frontage of the Raveta Lane. 23.Dedicate full half-width cross section of 30-feet for the project frontage of Mountain Street. Page Seventy -City Council Minutes -July 27, 2004 24.Construct full half-width cross section of 20-feet for the project frontage of Mountain Street. 25.Construct roadway taper from the improved section of Mountain Street to the existing pavement width. Transition shall be designed and constructed such that existing storm water flows are conveyed. 26.Provide a sewer easement over the sewer line location for parcels 1 through 4. Easement shall be subject to the approval of Elsinore Valley Municipal Water District. 27.A11 off-site grading, drainage or construction shall require a notarized permission to grade letter from the affected property owner. 28.Provide approved permanent traffic control at the intersection of Raveta Lane and Mountain Street. 29.A11 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. 30.A11 Capital Improvement, mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). 31.Pay all TIF, TUMF and area drainage fees as required by City ordinance. 32.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 33.A11 public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). Page Seventy-One -City Council Minutes -July 27, 2004 34.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. 35.Pay all development processing fees, post all appropriate securities and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 36.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8-1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 38.Provide fire protection facilities as required in writing by Riverside County Fire. 39.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 40.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 41.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 42.A11 improvement plans and parcel maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible Page Seventy-'I~vo -City Council Minutes -July 27, 2004 with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 43.A11 utilities except electrical power lines greater than ~ shall be placed underground, as approved by the serving utility. 44.Developer shall 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. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 45.Developer shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 46.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 47.A11 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 feet in height shall be contoured. 48.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non-historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. Page Seventy-Three -City Council Minutes -July 27, 2004 49.On-site drainage facilities located outside the road right-of--way shall 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". SO.AII natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. S 1. 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. 52.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 53.Stonn 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. 54.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. SS.Ten (10) year storm runoff shall be contained within the curb and the one hundred (100) year storm runoff shall be contained within the street right- of-way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 56.Developer shall be subject to all Master Planned Drainage fees. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. 57.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. Page Seventy-Four -City Council Minutes -July 27, 2004 58.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. 59.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 60.Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 61.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 62.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 63.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact 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. 23. Tentative Parcel Man 31685 -Sam Taouil & Tony Faisal -North East Corner of Mountain Street/Raveta Lane. (F:110.2) Page Seventy-Five -City Council Minutes -July 27, 2004 Community Development Director Brady explained this project and noted that it would include a private frontage street. He advised that the parcels would range from 10,000 to 10,450 square feet. Mayor Buckley opened the public hearing at 10:43 p.m., asking those persons interested in this item to speak. There were no public comments. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE TENTATIVE PARCEL MAP 31685 BASED ON THE FOLLOWING FINDINGS & EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Hickman inquired if the homes would follow the design of the existing homes in the area. Community Development Director Brady indicated that they would have to go through the design review process. Mayor Buckley commented that they would fit in, but be upgraded. Mayor Buckley closed the public hearing at 10:44 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; 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 area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, 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). Page Seventy-Six -City Council Minutes -July 27, 2004 The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General 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 Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivisions 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 GENERAL 1. 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, or Agents 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 Tentative Parcel Map No. 31685, 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. Page Seventy-Seven -City Council Minutes -July 27, 2004 2. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. 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. 4. 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. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map requires separate Design Review approval. 10. Prior to issuance of any grading permit and/or building permit, the applicant Page Seventy-Eight -City Council Minutes -July 27, 2004 shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11. 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. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 18. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. The City's Noise Ordinance shall be met during all site preparation activity. Page Seventy-Nine -City Council Minutes -July 27,2004 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. ENGINEERING 21.Dedicate full half-width cross section of 30-feet for the project frontage on Raveta Lane. 22.Construct full half-width cross section of 20-feet for the project frontage of the Raveta Lane. 23.Dedicate full half-width cross section of 30-feet for the project frontage of Mountain Street. 24.Construct full half-width cross section of 20-feet for the project frontage of Mountain Street. 25.Construct roadway taper from the improved section of Mountain Street to the existing pavement width. Transition shall be designed and constructed such that existing storm water flows are conveyed. 26.Modify the inlet of the existing 48-inch storm drain to a Riverside County Standard Curb Inlet. The inlet structure shall be designed to convey the . existing plus developed flows and shall be located at the low point along the project frontage on Mountain Street. 27.A11 off-site grading, drainage or construction shall require a notarized permission to grade letter from the affected property owner. 28.Provide approved permanent traffic control at the intersection of Raveta Lane and Mountain Street. Page Eighty -City Council Minutes -July 27, 2004 29.Lot-A shall be removed at the Final Map processing and the lot lines for lots 1,2 and 3 shall be extended to the public right-of--way so as to include the area described as lot-A. 30.Individual lots shall be responsible to maintain their frontage between the private drive and Mountain Street. Applicant shall record a document obligating this maintenance to the individual properties. 31.The private drive shall be a minimum 24-feet wide. 32.Sight distance shall be preserved between the private drive and Mountain Street. Walls, landscaping exceeding 24-inches in height or other obstructions shall not be permitted. 33.A11 Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 34.A11 Capital Improvement, mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85-26). 35.Pay all TIF, TUMF and area drainage fees as required by City ordinance. 36.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 37.A11 public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 38.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. Page Eighty-One -City Council Minutes -July 27, 2004 39.Pay all development processing fees, post all appropriate securities and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 40.A11 compaction reports, grade certifications, monument certifications (with tie notes delineated on 8-1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 41.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. 42.Provide fire protection facilities as required in writing by Riverside County Fire. 43.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 44.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 45.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 46.A11 improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. Page Eighty-Two -City Council Minutes -July 27, 2004 47.A11 utilities except electrical power lines greater than - 'shall be placed underground, as approved by the serving utility. 48.Developer shall 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. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 49.Developer shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. SO.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. S 1.A11 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 feet in height shall be contoured. 52.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non-historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. Page Eighty-Three -City Council Minutes -July 27, 2004 53.On-site drainage facilities located outside the road right-of--way shall 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". 54.A11 natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. SS.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. 56.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 57.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. 58.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 59.Ten (10) year storm runoff shall be contained within the curb and the one hundred (100) year storm runoff shall be contained within the street right- of-way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 60.Developer shall be subject to all Area Planned Drainage fees. Staff will review the potential for fee credit for all Area Planned Drainage facilities constructed. Page Eighty-Four -City Council Minutes -July 27, 2004 61.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. 62.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. 63.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 stonnwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 64.Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 65.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 66.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 67.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR&R Inc., for removal and disposal of all waste material, debris, vegetation and other Page Eighty-Five-City Council Minutes -July 27, 2004 rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 24. Public Hearing for Consideration of Objections and to the Confirmation and placement of Weed Abatement charges on Property Tax Bills -Resolution No. 2004-58. (F:166.1) Mayor Buckley opened the public hearing at 10:45 p.m. Parks & Open Space Manager Fazzio explained this item and offered to answer questions. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Buckley closed the public hearing at 10:46 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0.2004-58. RESOLUTION N0.2004-58 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIl2MING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF AND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAH) ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. ITEM PULLED FROM THE CONSENT CALENDAR Page Eighty-Six -City Council Minutes -July 27, 2004 6. Council Policy -Cost of Living Increases. (F:120.1) Mayor Buckley commented that his request to speak regarding Item No. 6 was from Mr. Hewison, who had already left the meeting. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE COUNCIL POLICY AS PRESENTED. BUSINESS ITEMS 31. Second Reading -Ordinance No. 1124 - MSHCP Mitigation Fee. (F:76.4) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1124, UPON SECOND READING BY TITLE ONLY: City Attorney Leibold clarified that the Ordinance would go into effect in 30 days, however the fee would not be imposed unti160 days had elapsed. 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: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY Page Eighty-Seven -City Council Minutes -July 27, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Letter of Su ort/Homeless Shelter. (F:87.3) City Manager Watenpaugh read the proposed letter of support, and explained that the request was for a Transitional Living Shelter. He indicated that Cathy Welborn was present from the County to explain the grant for which they have applied. He noted that the grant would need to be matched by local agency funds. Cathy Welborn, Riverside County Department of Public Social Services 4060 County Circle Drive, Riverside, noted that she is the Manager of the Homeless unit. She explained that they were looking to develop a shelter for the south west part of the County, as there was presently no facility in the area. She detailed the services such a shelter would offer on a short term basis. She indicated that this type of facility stresses working toward self sufficiency, under 24 hour supervision. She indicated that the facility would include 60 beds with 40 dedicated to families, and the balance for single females. She advised that most of the operating shelters do background checks and Megan's law checks for safety of the other participants. She noted that they were looking at individual bedrooms and cooking quarters for food preparation. She advised that they were planning to locate in a close proximity to the DPSS Office. She indicated that part of the grant covers the cost of a van for transportation to the Workforce Development Facility or Mental Health facility. She explained that the intent was to be sure the Council was kept in the loop and made aware of how the plan was to go forward. She indicated that the plan was still very much in the development stage, but they had applied for the funding due to the grant timing, so they would not have to wait another year. She advised that their intent was to apply for Proposition 46 funds and funds from neighboring communities. She offered to answer additional questions, but indicated that if the Council preferred to wait for additional information that Page Eighty-Eight- City Council Minutes -July 27, 2004 was fine, but any work form this point forward would cost the effort money. She indicated that with a letter of support, it would be worthwhile to gather more information. Mayor Buckley questioned the letter requested and the commitment it would set with regard to approval or funding. Ms. Welborn indicated that the grant application had been submitted, however the letter would be helpful in obtaining additional funding. She further indicated that the neighboring communities would see the letter as a reason that they should support the plan. Mayor Buckley requested clarification that the Council would have the opportunity to consider the project further. Ms. Welborn confirmed. Edith Stafford, 29700 Hursh, indicated that she would be in support of this program, if it doesn't turn out like Welfare; and stressed that the program should help people help themselves. She stressed that it should be written so it could not be changed and used in the wrong way. She indicated that she would support the program and encourage the City to send a letter of support to help them expedite their application. She suggested that this was better than having people on the street, as long as it was not a crutch. Councilman Schiffner noted that the City has spent a lot of effort and money to promote the City and draw businesses to the community; and indicated that this was a situation in which it was important to be careful of what you asked for. He indicated that he would support a letter either way, but he would have preferred that they found a place in another town. Councilman Magee thanked Ms. Welborn for patience at this meeting. He expressed concern with the level of communication between the City and the County, as there was not a single document included from the County, but he heard the application was already filed. He indicated that there should be a staff report that was approved at the County level, but none of that paper was before the Council. He stressed that the information had not come to the City; and indicated that he was uncomfortable committing to Page Eighty-Nine -City Council Minutes -July 27, 2004 something that he knows nothing about. He indicated that he would like to put the matter off for 30 days to get all of the information the Board of Supervisors received. He commented that he was disappointed that there was no information from Supervisor Buster. He indicated that he did not know the long range plan, as the staff report indicates that it will have up to 60 beds, but he also heard testimony during the 4 p.m. meeting that there could be up to 300 beds. He questioned the volume of the project, and when a determination was expected. Ms. Welborn indicated that this was a long process-and they did not expect to hear a determination until December or January. Councilman Magee suggested that a 30 day delay would not be unreasonable. Ms. Welborn indicated that she could get a copy of the application to HUD, but she has held off putting anything else before the Board. until they have the support of the City. She stressed the need for support before building plans are developed or funds are expended; and clarified that the Council would have the opportunity to review the project as the process goes along. She indicated that 300 beds was a dream, but they needed to try 60 beds first. She explained that HUD was always open to expansion grants. She reiterated that at this point it would be a 60 bed shelter for families and single women. She indicated that she could supply the grant application to the Council. Mayor Pro Tem Kelley inquired if the grant application was all the information available. Ms. Welborn confirmed, but stressed that it was a long process to bring the project to fruition. She indicated that at this point if it is O.K., they want to go forward and start developing funding streams; and finding a way to pay for the property and fund the facility. She highlighted the types of grants available. Mayor Buckley inquired if the Council would be more comfortable if Ms. Welborn committed to a monthly update letter on the progress. Councilman Hickman inquired if there was no letter of support, if the grant money would be lost. Ms. Welborn indicated that they would not loose the money, however it would not be appropriate for the County to move forward, if the shelter could never be built. She indicated that there was a Page Ninety -City Council Minutes -July 27, 2004 desperate need for this type of shelter in this part of the County, and that is why HUD is open to approving it. Councilman Schiffner indicated that he was curious if the Board of Supervisors had taken any action on this matter at all. Ms. Welborn indicated that every year they submit a consolidated application to HUD for homeless programs, and for this year the deadline was today. She advised that the problem with HUD was that they were getting to the end of the funding, and the annual dollar amount is based on population and income for the area. She explained that it was getting to the point that they would only be able to apply for renewals, and they felt it was important to get a project in south west County before the funding ran out. She noted that there were four new projects this year, one for the mentally disabled, one for 40 mentally ill in western Riverside, an outreach program in the City of Riverside and this proposal. She indicated that she was not certain there was room for any new applications next year, so it was important to submit this application. She commented that some members of the Council were aware that they were moving in that direction. Councilman Schiffner commented that he hated to be the one that kicked off an action like this, as he would like the Board of Supervisors to kick it off. Mayor Pro Tem Kelley questioned the parcel of land they were considering. Ms. Welborn indicated that they had not chosen a particular parcel, but reiterated that it would be in the general vicinity of the DPSS parcel on Chaney Street. Mayor Pro Tem Kelley noted that the area was prime industrial land, and indicated that her only reservation with the transitional shelter was lending support to something that the future location is not known and have to pull her support later. She commented that she was in a quandary, and that she might not support it, depending on where it was located. She stressed that the area was industrial and manufacturing; and noted that there was also a school. She indicated that she spoke with a School Board Member who was not aware of the project and did not support it near a school. Page Ninety-One -City Council Minutes -July 27, 2004 Councilman Hickman commented that if the County wanted to put the shelter in Lake Elsinore, it would do so; and indicated that he would rather do it amicably. He stressed that they were looking at that location because of the DPSS Office. He commented that a letter of support was not a commitment, so it would cause no damage. Mayor Buckley questioned putting a sentence in the letter regarding the eventuality that the City's final support was pending on the details of the facility. Mayor Pro Tem Kelley indicated that she would hate to give a false impression with the Council's support. She indicated that it was too bad there was not more information. Councilman Magee questioned the hurry and suggested asking staff to bring back the information in 30 days with real information and something from Supervisor Buster in support. He suggested that would not be out of line. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ASK STAFF TO BRING BACK THE INFORMATION IN 30 DAYS WITH MORE INFORMATION AND SUPPORT FROM THE SUPERVISOR. MOVED BY BUCKLEY, SECONDED BY HICKMAN A SUBSTITUTE .MOTION TO APPROVE THE LETTER OF SUPPORT, GET MONTHLY UPDATES AND REWORK THE LETTER TO INCLUDE THAT THE CITY RETAINS THE RIGHTS, PRIVILEGES AND ABILITIES TO ADDRESS THE SPECIFICS. Councilman Magee further questioned the hurry. Councilman Hickman suggested that they solicit support from other cities. Councilman Magee stressed that it could be done in the next 30 days. Ms. Welborn indicated that a letter of support would go a long way with the neighboring communities, but she would have no objection to contacting them. She stressed that it would be helpful to have a letter of support. Councilman Schiffner commented that he did not want to be the lead agency. Page Ninety-Two -City Council Minutes -July 27, 2004 THE FOREGOING SUBSTITUTE MOTION FAILED BY A VOTE OF 2 TO 3 WITH KELLEY, MAGEE AND SCHIFFNER CASTING THE DISSENTING VOTES. Ms. Welborn suggested that 60 days might be more reasonable. Councilman Magee stressed that the key was the County's action. Ms. Welborn noted that the grant had been submitted, but the funds could be refused. Councilman Hickman inquired what was being requested. Councilman Magee stressed that he would like to see something from Supervisor Buster. He noted that the last time he checked, the City had land use authority in the City limits. Councilman Schiffner stressed that he would like to see something from another agency first, as he did not want to be the lead agency. City Manager Watenpaugh indicated that he would obtain the materials and request a letter from the Supervisor for placement on the next agenda. THE FOREGOING ORIGINAL MOTION CARRIED BY UNANIMOUS VOTE. 33. Council Sub-Committee/Select Audit Firm. (F:44.1)(X:24.1) City Manager Watenpaugh noted the staff discussion earlier this afternoon based on Council's frustration. He indicated that staff would like a committee to interview audit firms, and would be happy to send the materials to additional firms. He questioned how in-depth to go on the issues for the audit. Mayor Pro Tem Kelley indicated that she would like to move to appoint two Council representatives to interview the audit firms and set the specific criteria for the audit. Page Ninety-Three -City Council Minutes -July 27, 2004 Councilman Hickman nominated Mayor Buckley and Councilman Magee. Mayor Pro Tem Kelley inquired if this was for the selection committee to review the proposals. Mayor Buckley indicated that it would be for the interview process, to set the parameters. City Attorney Leibold noted that they would inquire of the auditor as to how they would proceed. Councilman Schiffner commented that they might tell the auditor what information is desired. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO APPOINT COUNCILMEMBERS MAGEE AND BUCKLEY TO THE SUBCOMMITTEE. Councilman Magee indicated that he was frustrated with the whole process, noting that it started with a simple request for an item on the agenda; but the Mayor scheduled a special meeting for a special committee to investigate everything. Then staff was directed to prepare an RFP, and 28 days later there was no RFP, but staff decided to do a statement of qualifications of the firms they feel are qualified. He indicated that he had a list of 36 auditing firms, but the ship had already sailed and the Council did not get what they wanted. He reiterated his frustration with the entire process and indicated that the passive-aggressive management system was driving him up a wall. He indicated that his position paid only $300 a month, and he would expect more of staff. Ron La Pere , 16867 Wells Street, indicated that he was in favor of an audit, and the Council was moving in the right direction. He commented that they needed to make a decision. He commented that employees in offices of a corporation have, legally, the ability to borrow from the corporation if pre- approved and the conditions are set before the action. He indicated that once the audit has been conducted and shows the way to go, then the action to take will be clear. He noted that financial institutions had the option of having aback-up for checking or savings accounts; and suggested that this process would resemble the two-fold process of the pre-approved loan. He clarified that the examination would look for overdrawn accounts, or illegal Page Ninety-Four -City Council Minutes -July 27, 2004 loans. He expressed hopes that the audit committee would look at the sequence of events on any person overdrawing an accrual that is not legal. He indicated if that was not occurring, the issue should be buried and done away with, with no procrastination. Edith Stafford, 29700 Hursh, indicated that the bottom line was that Resolution No. 88-1 was passed in 1988 and became a City law, which has since been violated. She indicated that if the law had been violated it was important to determine who the culprits were that caused it to happen. She suggested that City laws were being changed to accommodate personal agendas. She urged the Council to not allow a precedence to be set that way. She indicated that she liked the first idea suggested by the Mayor of cutting the benefits until it was found out, what went on. She questioned why the City would continue to issue money on an illegal basis. She also questioned who was liable from this point forward. She indicated that it should have been cut and stressed that the Council was elected to do the right thing. She indicated that lawyers often come with strong appeals, but in this case she did not think a lawyer would attempt to step in a court room. She indicated that Health and Wellness should be suspended, as the staff has complete medical coverage, and complete dental and vision coverage. She commented that the taxpayers got broken axles because the roads were not maintained, but money was being given to staff with exorbitant salaries on top of medical. She stressed that this was the taxpayers money and someone would be liable for the money spent in violation of Resolution No. 88-1. Mayor Buckley noted that there was a motion for Councilmembers Magee and Buckley to be the subcommittee to interview the auditors and set the parameters; and bring back a potential auditor and explain the parameters. Councilman Magee questioned staff s offer to circulate the request to additional auditors and provide a list of those already mailed to. City Manager Watenpaugh indicated that staff would do the additional circulation tomorrow and provide a list, but questioned the August l0`h time line. Councilman Magee indicated that it needed to be backed off, as he Page Ninety-Five -City Council Minutes -July 27, 2004 was not sure the timing would work. Mayor Buckley suggested it come back on either the 10th or the 24tH THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 11:26 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:37 P.M. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES No Comments. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Thanked TIP for the information presented. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENT Not Present. CITY COUNCIL COMMENTS Page Ninety-Six -City Council Minutes -July 27, 2004 Councilman Schiffner commented on the following: 1) Thanked those who supported Item 21, and indicated that the City was moving ahead. Councilman Hickman commented on the following: 1) Congratulated his son on his wedding. 2) Announced the Renter's Rebate assistance at the Senior Center on Mondays and Tuesdays. 3) Indicated that his prayers were with the Hunt family. Councilman Magee had no comments. Mayor Pro Tem Kelley commented on the following: 1) Noted the Music with a View Concert series starts on August 7th and detailed the other concert dates. Mayor Buckley commented on the following: 1) Announced the following upcoming events: Chamber of Commerce Reverse Drawing -July 29th. Open Air Market -August 1St State of the City -August 6th at 5:30 p.m. Household Hazardous Waste Collection -August 7th 2) Encouraged Dan Uhlry to get well soon. ADJOURNMENT Page Ninety-Seven -City Council Minutes -July 27, 2004 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:31 P.M. THOMAS"BUC EY, MAYOR CITY OF L ELSINORE A TEST: VICKI KASA ,CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE