Loading...
HomeMy WebLinkAbout10-26-2004 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER,BUCKLEY ABSENT: COUNCILMEMBERS: KELLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, Engineering Manager Seumalo, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) County of Riverside, et al v. City of Lake Elsinore and Laing-CP Lake Elsinore LLC (Riverside County Superior Court Case No. RIC418775) (F:52.2)(X:40.1) City Attorney Leibold announced that there was no need for discussion of the Page Two -City Council Minutes -October 26, 2004 above listed Closed Session item. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:05 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:01 p.m. PLEDGE OF ALLEGIANCE Mayor Buckley noted that the Daughters of the American Revolution would be receiving a Proclamation, and requested that they lead the Pledge of Allegiance. The Pledge of Allegiance was led by representatives of the Daughters of the American Revolution. A. Proclamation -Constitution Weelc. (F:122.1) Mayor Buckley read and presented the Proclamation which was continued from the last meeting to representatives Joyce Hohenadl, Faye Bishop, Imogene Llewellyn and Helen Chadwick. Mrs. Hohenadl detailed the requirements for membership in the Daughters of the American Revolution and announced an essay contest being sponsored by the Menifee Valley Chapter. She indicated that the contest was open to 5th through 8th grade students, with the topic of "Along the Trail with Lewis and Clark". She detailed the prizes and encouraged participation. INVOCATION -MOMENT OF SILENT PRAYER Mayor Buckley called forward the representatives of the Lake Providence Page Three -City Council Minutes -October 26, 2004 Missionary Baptist Church and jointly they led the meeting in a moment of silent prayer. B. Proclamation - SOt" Anniversary -Lake Providence Missionarv Ba tp ist Church. (F:122.1) Mayor Buckley noted that the Lake Providence Missionary Baptist Church had been in the community for 50 years and read and presented the Proclamation. Representatives of the Church, including Pastor Alexander accepted the Proclamation and thanked the Council for this recognition. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE .Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber, City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT City Attorney Leibold reported that the Closed Session discussion as listed on the agenda was not held. Page Four -City Council Minutes -October 26, 2004 PUBLIC COMMENTS -NON-AGENDIZED ITEMS -1 MINUTE No Comments. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following item and deferred to that discussion: Item No. 37. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED, 1. The following Minutes were approved: a. Joint Study Session -September 28, 2004. (F:44.4) b. Regular City Council Meeting -October 12, 2004. The following Minutes were received and filed: c. Planning Commission Meeting -September 7, 2004. (F:60.3) d. Planning Commission Meeting -September 21, 2004. 2. Ratified Warrant List for October 14, 2004. (F:12.3) 3. Approved Change Order No. 1 and Accepted Notice of Completion for Machado Street Pavement Rehabilitation for R.J. Noble Company. (F:156.2) 4. Approved use of $108,476 in Traffic Impact Fees and $41,524 from the Traffic Safety Fund; and directed staff to implement the design and Page Five -City Council Minutes -October 26, 2004 construction of a traffic signal at Grand Avenue and Broadway Street. (F:162.4) Rejected and referred to Claims Administrator for handling the Claim Against the City, submitted by Salvador Linares (CL #2004-07), and directed the City Clerk to send a letter advising the Claimant of this decision. (F:52.2) 6. Approved Cornet Service Level Contract for Fiscal Year 2004-05. (F:68.1) 7. Approved Yearly Software Maintenance Agreement and License for Sungard H.T.E., Inc. (F:68.1)(X:65.1) PUBLIC HEARING 21. Canyon Hills Market Place -Commercial Design Review Nos. 2004-02 & 2004-10 (Canyon Hills Specific Plan). (F:58.2)(X:150.2) Mayor Buckley opened the public hearing at 7:10 p.m. Community Development Director Brady detailed this item and noted that it was made up of two sites at Railroad Canyon and Canyon Hills Road. He advised that the item was before the Planning Commission on October 19tH, and they recommended approval. He indicated that there were several Conditional Use Permits approved at the same time; and highlighted the proposed site plan. He noted that there were a number of smaller pads including a service station a Tube & tune facility and a bank, as well as a market and outdoor seating area. He advised that the architecture and design were consistent with the Specific Plan and carried similar stone work. He advised that the final map for this item would come forward at the next meeting and recommended approval for both parcels. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Councilman Hickman indicated that he liked the outside rest area. He Page Six -City Council Minutes -October 26, 2004 inquired if there would be restaurants located in the immediate vicinity of that feature. Community Development Director Brady deferred to the applicant. Colton Sudberry, representing the applicant, indicated that some fast food uses were proposed and noted the locations. He advised that they were also proposing a restaurant surrounding the courtyard as a heartbeat of the project. He explained that they tried to merchandise food locations around the public places. Councilman Hiclanan noted that the location of this center was where the middle school had been. Mayor Pro Tem Kelley indicated that she lives in the Canyon Hills development, but several miles away from this project, so there would not be a conflict. She advised that she had no problems with area 4 of this project, however she had some questions and concerns with area 3. She noted that there were a lot of building pads, mostly automotive and two drive-thru restaurants in close proximity. She noted that the automotive repair uses were more level with the street, and the other buildings had a landscaped slope. She expressed concern that the auto repair and outdoor storage was closer to the road and more visible. Mr. Sudberry clarified their proposal, and explained that the use would be a Big O Tires, with no repair garage. He explained that the building was elevated and would blend pretty well with the rest of the uses. He indicated that area 3 was an irregular shaped parcel, so the uses were difficult to configure to the site. He indicated that they were concentrating the food users and plaza area in area 4 with the major tenants. He displayed the Big O Tires elevation. Mayor Pro Tem Kelley indicated that as she was driving down Railroad Canyon, she was very concerned about it, but noted that Condition 16 required " no outdoor storage". Mr. Sudberry requested that the Condition be amended to say "unless allowed by permit". Mayor Pro Tem Kelley stressed her concern with auto storage. Mr. Sudberry indicated that the "outdoor storage" was snore related to the market and drug stores for Page Seven -City Council Minutes -October 26, 2004 seasonal or sidewalk sales, and not the auto dealers. Mayor Pro Tem Kelley inquired if the applicant had signed with markets or restaurants for the site. Mr. Sudberry indicated that they had not, but would be bringing them back soon. He advised that they were talking with Carl's Jr., Del Taco and Farmer Boys. He noted that there was a limit to the shops that could go into a center like this. He explained that banks and fast food restaurants have drive-thrus which are more conducive to area 3 than area 4. Mayor Pro Tem Kelley inquired who they had signed for area 4. Mr. Sudberry indicated that they had signed letters of intent from Bank ofAmerica, a drug store, Blockbuster Video, Starbuck's Coffee, etc. Mayor Pro Tem Kelley stressed that her only concerns were with area 3. She noted that the applicant was required to include stone facades on the development. Mr. Sudberry indicated that they had requested a change to that condition. He explained that they had done retain development for 25 years and this would be their seventh center for Pardee,. and noted their attention to landscaping and the buildings. He reiterated that area 3 had some of the uses due to the shape of the property, which limits what they can develop. He stressed their interest in providing goods and services the community needs for a good balance. He indicated that with regard to the trash enclosures, staff felt there should be some stone veneer to dress them up, but their practice had been to provide landscape screening. Mayor Pro Tem Kelley indicated that she appreciated the designs with plants, boulders, etc, but noted that she would be very picky on the signage for the project. City Treasurer Weber noted that he also lives in Canyon Hills and explained the two lane roads in each direction with trees in the middle. He expressed hopes that the residents would not be looking at garage doors on repair shops. Mr. Sudberry indicated that the back of the facility would not be seen, due to the slopes. He clarified the potential views for the project. City Treasurer Weber questioned the noticing for this project. Assistant City Manager Best clarified the requirements fora 300 foot perimeter around the project. City Treasurer Weber stressed that this was a major entrance and more thought should have gone into telling a few more people about the plans. Page Eight -City Council Minutes -October 26, 2004 Mayor Pro Tem Kelley noted that there was a sign on the property. City Treasurer Weber stressed that he did not know it would be considered tonight. Mayor Pro Tem Kelley stressed that the existing sign delineated the types of uses to be constructed. City Treasurer Weber reiterated that it did not state that it would be heard tonight. Councilman Hickman requested that the applicant make sure the parking lot was big enough to hold SUV's. Mr. Sudberry indicated that the stores were catching on to that issue and requiring bigger stalls. Mayor Buckley asked staff if there was movement toward getting rid of compact spaces. Community Development Director Brady indicated that planning discourages compact spaces as this point. Mr. Suberry clarified that they were not proposing any compact spaces. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL DESIGN REVIEW N0.2004-02, COMMERCIAL DESIGN REVIEW N0.2004-02 BASED ON ATTACHMENTS A THROUGH F AND THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley closed the public hearing at 7:27 p.m. FINDINGS COMMERCIAL DESIGN REVIEW NOS. 2004-02 AND 2004-10 The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. Commercial Design Review Nos. 2004-02 and 2004-10 comply with the goals and objectives of the General Plan. The General Plan designates the affected sites as "Canyon Hills Specific Plan". The Zoning classifies the affected sites as "C2, General Commercial" and "Cl, Neighborhood Commercial", respectively. The proposed Commercial Design Review applications evaluate design of the Canyon Hills Market Place which implements the intended land use of the affected sites. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Page Nine -City Council Minutes -October 26, 2004 Commercial Design Review Nos. 2004-02 and 2004-10 propose the Canyon Hills Market Plan which has been designed in accordance with the size and shape of the property, thereby creating interest and varying views as a person moves along Railroad Canyon Drive and Canyon Hills Road. The projects complement the design quality of existing and future development by creating avisually-pleasing commercial center. The projects' architectural design, color and materials, and site design are original and attractive. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any signiftcant adverse environmental impacts. The Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed applications. The proposed commercial uses are either permitted by right or conditionally permitted by the Canyon Hills Specific Plan. Accordingly, staff believes the proposed applications implement the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is therefore, unnecessary. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), Commercial Design Review Nos. 2004-02 and 2004-10 include conditions of approval to ensure proper development and that hazards to the general public will not result. CONDITIONS OF APPROVAL PLANNING DIVISION General Conditions 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, 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 Canyon Hills Marketplace, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Future development shall comply with those standards and guidelines contained in the Canyon Hills Page Ten -City Council Minutes -October 26, 2004 Specific Plan. 3. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills Specific Plan will revert to the City Municipal Code and/or Zoning Code in effect at the time future projects are constructed. 4. The applicant shall provide all applicable project-related onsite and offsite improvements as described in the Canyon Hills Specific Plan document and Tentative Tract Map No. 30496. The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Program for the Canyon Hills Specific Plan Final Environmental Impact Report. 6. 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. Provisions of the City's Noise Ordinance shall be satisfied during all site prepazation 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. 8. 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. Conditions For Commerciai Design Review Nos. 2004-02 and 2004-IO 9. Approval for Commercial Design Review Nos. 2004-02 and 2004-10 will lapse and be void unless a building permit is issued within two years of the approval date. An extension of time, up to one (1) yeaz may be granted by the Community Development Director prior to the expiration of the initial Commercial Design Review approval upon application by the applicant and payment of required fees one (1) month prior to expiration. 10. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 11. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. Page Eleven -City Council Minutes -October 26, 2004 12. Mechanical equipment will be sufficiently screened by the building parapets or other screening materials or methods to ensure said equipment is not publicly visible, subject to the approval of the Community Development Director or designee. 13. All trash enclosures shall comply with the City's detail for trash enclosures and shall provide other enhancements deemed appropriate by the applicant and the Community Development Director or designee. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. I5. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 16. No outdoor storage of materials/merchandise is permitted, except if related to those temporary uses and/or events that are allowed by issuance of a City temporary use permit. 17. All exterior lighting shall be shielded and directed onsite so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 18. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 19. The Community Development Director or designee shall review and approve final architectural plans to ensure all cornice elements shall be raised, the number of diamond ceramic tiles are reduced on certain elevations, and the back sides of those parapets that are exposed to public view are architecturally enhanced. 20. AlI drive aisles and loading areas shall be kept and maintained free and clear of any materials/merchandise so as not to obstruct onsite circulation and deliveries. 21. All parking stalls shall be double-striped with four-inch lines, that are two feet apart. 22. A 12-inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width) shall be provided. 23. All exposed slopes in excess of three feet in height shalt have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. Page Twelve -City Council Minutes -October 26, 2004 24. Streetprint shall be provided at all driveway entrances. Onsite landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or designee. 25. The applicant shall meet ADA (Americans with Disabilities Act) requirements. 26. No exterior roof ladders shall be permitted. 27. All service and loading doors shall be painted to match the building. 28. Onsite surface drainage shall not cross sidewalks. Prior to Building/Cradine Per~rrit Issuance 29. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 30. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 31. Prior to issuance of the first certiFcate of occupancy for each Planning Area, the entire site parking lot, entry driveways, perimeter and internal landscaping, offsite improvements, etc. shall be completed as indicated on the approved plans, or a construction site improvement phasing plan for that particular Planning Area as approved by the Community Development Director. 32. Three (3) sets of the Final LandscapingQrrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be chazged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. • All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. • Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty-four-inch (24") box in size. • All planting areas shall be separated from paved areas with a six inch (6") high and six inch (6") wide concrete curb. Page Thirteen -City Council Minutes -October 26, 2004 • Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). • Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. • Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. • All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approvaUacceptance by the Landscape Consultant and Community Development Director or Designee. • All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. • Final landscape plan must be consistent with approved site plan. • Final landscape plans to include planting and irrigation details. 33. The applicant shall establish and record a reciprocal shared pazking agreement with the County of Riverside which allows all future commercial tenants and users to share parking onsite. 34. The applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Manager prior to issuance of building permits and final approval. 35. The applicant shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc., subject to approval by the Community Development Director or designee. 36. 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. 37. 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 Page Fourteen -City Council Minutes -October 26, 2004 Plan and Integrated Waste Management Plan. 38. 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. 39. The applicant shall meet all requirements of the providing electric utility company. 40. The applicant shall meet all requirements of the providing gas utility company. 41. The applicant shall meet all requirements of the providing telephone utility company. 42. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 43. Bus shelters shall be designed consistently with the materials and colors of the proposed Canyon Hills Market Place. ENGINEERING DII~ISION 44. Construct fourth leg of existing signal at Canyon Hills Drive and Railroad Canyon Road to provide access to this site. Signal shall be operational prior to first Certificate of Occupancy. 45. Provide deceleration lane at southerly entrances for both the eastbound and westbound sides of Railroad Canyon Road. Deceleration lane shall be designed and constructed to Caltrans standards. 46. All landscaping and signage for both planning areas shall be designed and constructed to preserve traffic sight distances consistent with Caltrans standards. 47. Provide for long-term barricade and erosion control methods at the stubbed street at the southwest end of the property in Planning Area 3. 48. Entrance drive aisles for both Planning Areas shall be clear from parking spaces or intersecting drive aisles for a minimum of 40 feet measured from the curb line of the project entrance. 49. Building structures shall not encroach onto established easements. 50. Provide adetention / desiltation basin to mitigate for the difference in flows (developed and undeveloped)forthe 100-year storm. 51. All off-site grading, non-historic drainage and/or construction shall be notarized and have recorded letter(s) of permission. Page Fifteen -City Council Minutes -October 26, 2004 52. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 53. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 54. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 55. Pay all Capita] Improvement and Plan Check Fees (LEMC 16.34, Resolution 85-26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 56. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 57. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC .16.34). 58. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 59. Enter into an agreement with the City for the construction of public works improvements and post the appropriate bonds prior to final map approval. 60. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 61. Install permanent survey monuments in compliance with the City's Municipal Code. 62. 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. 63. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 64. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 65. Install blue reflective pavement markers in the street at all fire hydrant locations. Page Sixteen -City Council Minutes -October 26, 2004 66. 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 development. 67. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy, the applicant shall submit tapes and/or disks which are compatible with City's ARC Info/GIS or the applicant shall pay $300 per sheet for City digitizing. 68. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 69. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 70. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 71. An Alquist-Priolo shidy shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. A letter certifying that the site is clear of these hazards will be required if mitigation is not identified. 72. All grading shall be done m~der the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. All manufactured slopes greater than 30 fr. in height shall be contoured. 73. Prior to commencement of grading operations, applicant shall provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 74. Provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, the applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right- of-way, subject to the approval of the City Engineer. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Page Seventeen -City Council Minutes -October 26, 2004 76. On-site drainage facilities located outside of road right-of--way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 77. All natural drainage traversing the sites shall be conveyed through the sites, or shall be collected and conveyed by a method approved by the City Engineer. 78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements of LEMC 15.68 regarding flood plain management. 80. 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. The applicant shall mitigate any flooding and/or erosion caused by development ofthe sites and diversion of drainage. 81. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 82. Storm drain inlet facilities shall be appropriately stenciled to prohibit illegal dumping in the drain system; the wording and stencil shall be approved by the City Engineer. 83. ]0-year storm runoff shall be contained within the curb and the 100-year storm runoff shall be contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities shall be installed. 84. Install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 85. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their Stormwater Pollution Prevention Plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 86. Provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. Grading plans shall include details of the erosion control provisions. 87. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. Page Eighteen -City Council Minutes -October 26, 2004 88. AlI parcels shall have direct access to public rights-of--way or be provided with a minimum 30-foot ingress and egress easement to public right-of--way by separate instrument or through map recordation. 89. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR&R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 90. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department (as attached). POLICE DEPARTMENT 91. The applicant shall comply with all comments and conditions of approval from the Police Department (as attached). COMMUNITYSERVICESbEPARTMENT 92. Prior to issuance of building permits, the applicant shall pay park-in-lieu fee in effect at the time of building permit issuance. 93. The applicant to maintain all onsite landscaping. 94. The applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 95. The applicant to comply with all NPDES regulations. OUTSIDE AGENCIES 96. The applicant shall comply with all recommendation and requirements identified in the attached letter from Riverside Transit Agency dated April 29, 2004. BUSINESS ITEMS 31. Second Reading -Ordinance No. 1129 -Zone Change 2004-01 -The Sauls Company. (F:172.1) Page Nineteen -City Council Minutes -October 26, 2004 MOVED BY MAGEE, BY HICKMAN TO ADOPT ORDINANCE NO. 1129, UPON SECOND READING, BY TITLE ONLY: ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-O1, CHANGING THE ZONING DESIGNATION FROM "RR- RURAL RESIDENTIAL" TO Rl -SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON 10+ ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE 15/STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-110-021. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Design Review of Residential Project NO. R 2004-06 -Ali Salman -16420 Jo, Street. (F:138.2) Community Development Director Brady indicated that this was a design review for seven apartment units on Joy Street adjacent to Machado Elementary School. He noted that the development would be required to Page Twenty -City Council Minutes -October 26, 2004 participate in the CFD for Public Safety and the Lighting and Landscape Maintenance District. He detailed the unit sizes and indicated that they would include attached garages. Mayor Pro Tem Kelley inquired about the plans, and noted a reference to chain link fences coming down and being replaced with tubular fences. Community Development Director Brady clarified that the fences would be tubular wrought iron. Councilman Hickman addressed the fences and requested that there be a requirement for round tubular, instead of square tubular to prevent corrosion and rust. Community Development Director Brady indicated that he could bring it to the developer's attention. Councilman Hickman questioned crime problems in the existing units on Joy Street. Chief Fetherolf indicated that there was nothing that stood out. Mayor Buckley questioned the addition of a condition to require participation in the Crime Free Multi-Housing Program. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR RESIDENTIAL PROJECT NO. R 2004-06 FOR SEVEN APARTMENT UNITS TO BE ADDED TO A SIX UNIT APARTMENT COMPLEX AND RELATED IMPROVEMENTS TO BE LOCATED AT 16420 JOY STREET, BASED ON THE EXHIBITS AND FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE ADDITION OF A CRIME FREE MULTI-HOUSING PROGRAM CONDITION. FINDINGS The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Page Twenty-One -City Council Minutes -October 26, 2004 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Section and the planning district in which the site is located. CONDITIONS GENERAL CONDITION The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 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. PLANNING DIVISION 2. Design Review approval for Residential Design Review No. R 2004-06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. AlI site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. Wall or window mounted air conditioners shall not be allowed. Page Twenty-Two -City Council Minutes -October 26, 2004 6. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building and shall be approved by the CDD or Designee. 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 8. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 9. Applicant shall use roofing materials with Class "A" fire rating. 10. The applicant shall meet all Building and Safety Division requirements. 11. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bands will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 12. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 13. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. A decorative masonry 6 foot block wall shall be installed along all side and rear property lines. This wall shall include pilasters at corners and every 50 feet. A 5 foot tubular steel fence shall be installed along the front property line. The City standard 6 foot wood fence shall be installed between each unit's rear private open space areas. 16. The applicant shall install the City standard 6 foot wood fence between the existing unit's rear private open space areas. 17. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 18. On-site surface drainage shall not cross sidewalks. Page Twenty-Three -City Council Minutes -October 26, 2004 19. Any exterior downspouts shall be painted to match the exterior colors of the building. 20. No outdoor storage shall be allowed for any tenant. 21. Parking stalls shall be double-striped with four-inch (4") lines two feet (2') apart. 22. Any proposed mailboxes shall be located in decorative housings which incorporate similar materials, colors, and textures utilized on the proposed building. The area for mailboxes should be of sufficient size to enable residents to pick up or deposit mail without encroaching on landscaping or parking. 23. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 24. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Certificate of Fee Exemption "de Minimis Impact Finding. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. PRIOR TO B UILDING/GRADING PERMITS 25. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknow]edgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 26. The building addresses shall be a minimum of four inches (4") high and shall be easily visible from the public right-of--way. Developer shall obtain street addresses for each unit prior to issuance of building permits. The addresses shall be displayed near the entrance. 27. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40%) City fee. The applicant shall include plans to include revising the existing unit's front landscaped areas. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, maximum of forty feet(40) apart and at least twenty-four-inch (24") box in size. c) All planting areas shall be separated from paved azeas with a six inch (6") high and six inch (6") wide concrete curb. Page Twenty-Four -City Council Minutes -October 26, 2004 d) Planting within fifteen feet (15') of ingress/egress points shall be no higher than thirty-six inches (36"). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (IS) yeazs. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two yeazs with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 28. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met 31. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 32. The applicant shall pay the Multi Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee of $859.00 per dwelling unit (fee for density greater that 14.1 Page Twenty-Five -City Council Minutes -October 26, 2004 dwelling units per acre) prior to obtaining building permits. PRIOR TO FINAL APPROVAL 33. The applicant shall meet all Conditions of Approval prior to final approval. 34. The landscaped areas noted on the Landscape and Irrigation Plan shall be installed and approved prior to final approval. Approval is based on the completion of all irrigation and planting as noted on the Landscape and Irrigation Plans. 35. The applicant shall annex into the Community Facilities District (CFD) No. 2003-01 thereby offsetting the annual negative fiscal impacts on public safety operations. Added to Conditions of Approval at City Council 10-26 2004 ENGINEERING DIVISION 36. Pay all development fees, including area drainage, TIF and TUMF. 37. Provide drainage plan including hydrology and hydraulic information. 38. Provide clean water mitigation for construction activities as well as post construction operations. 39. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building pernit. 40. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 41. Pay all Capital hnprovement and Plan Check fees (LEMC 16.34, Resolution 8526). 42. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34).. 44. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. Page Twenty-Six -City Council Minutes -October 26, 2004 46. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 47. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 48. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %z" x 1 I" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 49. The applicant shall install two (2) permanent bench marks to Riverside County Standazds and at a location to be determined by City Engineer. 50. ~-'~ a..°' --~°~ °~~-~~ °' (Deleted, does not apply to project) Revised at Plaanirzg Comnaissiora Meeting October 5, 2004 51. 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. '_,.., "- '"~ ram ~'~~~°~~- (Deleted, does not apply to project) Revised at Plaaning Commission Meeting October S, 2004 53. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 54. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 55. 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. 56. All utilities except electrical over 12 I<v shall be placed underground, as approved by the serving utility. 57. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Page Twenty-Seven -City Council Minutes -October 26, 2004 58. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 59. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 60. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 61. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 62. Applicant to provide to the City a photographic baseline record of the condition of all proposed public CiTy haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of--way, subject to the approval of the City Engineer. 63. On-site drainage facilities located outside of road right-of--way should be contained within drainage easements shown on the final-txap the precise grade plan. A note should be added to the €tnal-map precise grading plan stating: "Drainage easements shall be kept free of buildings and obstructions." Revised at Planning Commission Meeting October 5, 2004 64. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 65. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements of LEMC 15.68 regarding floodplain management. 67. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 68. c ~' a '~ ~ a~~ ri H ri I' T2 t a i ~. n• ~ a w . Delete, condition has been covered by Conditions No. 36 and 63. Revised at Planning Commission Meeting October 5, 2004 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Page Twenty-Eight -City Council Minutes -October 26, 2004 Roof drains should drain to a landscaped area when ever feasible. 71. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of--way. When either of these criteria is exceeded, drainage facilities should be installed. 72. Applicant will be required to instal] BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 73. Applicant shall provide the city with proof of his having Fled a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 74. 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. 75. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside CounTy NPDES Drainage Area Management Plan. 76. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 77. 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 limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 78. Project will be required to participate in Crime Free Multi-Housing Program. 33. Approval of Final Parcel Map 32336 -Forecast Homes -North of Grand Avenue at the end of McVicker Canyon Park Road. (F:110.2) Community Development Director Brady commented that this was a standard final map approval. Page Twenty-Nine -City Council Minutes -October 26, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE FINAL PARCEL MAP 32336, ACCEPTING ALL DEDICATIONS; AND AUTHORIZED THE CITY CLERK TO SIGN MAP AND ARRANGE FOR RECORDATION. 34. Thelma Ball Memorial Hall -Senior Center Annex Building. (F:144.3) City Manager Best deferred to Community Services Staff. Recreation and Tourism Manager Fazzio noted that on September 29`h, the community lost a valuable volunteer, being Thelma Ball. She indicated that Mrs. Ball began with Golden Spectrum, which ran the Senior Center. She further indicated that she ran many fund-raisers. She noted that Bingo was near and dear to Mrs. Ball's heart, and she was always there to oversee the program and involved in food giveaways. She indicated that Mrs. Ball was adamant about having a pantry at the Senior Center. She commented that staff felt that this would be a good memorial to name something in her honor and chose the Annex building. She noted that staff would like to install a bronze plaque and hold a small memorial service in her honor, since she was buried in Los Angeles and many people from the Center could not attend. She indicated that the cost would be about $2,000 for the plaque. Senior Center Coordinator Gulbransen commented that Mrs. Ball was a wonderful volunteer who supported a number of programs financially. She noted that Mrs. Ball fought Cancer for 4-1/2 years, and was an inspiration for her efforts and the programs she facilitated. She indicated that Mrs. Ball was dedicated to the very end, and in discussions with her daughter she found that the family had a great deal of proud in Mrs. Ball. Community Services Director Sapp added that he had worked with Mrs. Ball for fifteen years and the Senior Center annex was there because Mrs. Ball fought for it and supported the City. He indicated that her passion, stubbornness and devotion would be missed. Page Thirty -City Council Minutes -October 26, 2004 Mayor Buckley questioned when the memorial would be held. Mayor Pro Tem Kelley commented that this was a very appropriate recognition. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF'S REQUEST TO NAME THE "ANNEX" BUILDING AT THE SENIOR CENTER THE "THELMA BALL MEMORIAL HALL" AND ALLOCATED FUNDING FOR A BRONZE PLAQUE AS A MEMORIAL TO SOMEONE WHO DEDICATED MUCH OF HER LATER LIFE TO THE LAKE ELSINORE SENIOR CENTER. 35. Hazard Mitigation Plan -Resolution No. 2004-64.(F:74.1) Assistant City Manager Best noted that the Hazard Mitigation Plan was a regional plan for the County, which assists the City and all participating jurisdictions in gaining grant funds. Public Works Manager Payne explained that this request was for acceptance of the countywide plan, and noted that each Council Member had received a copy of the plan. He presented a Power Point presentation detailing the goals and components of the plan. He thanked Phil McCormick from the Office of Emergency Services for his assistance in this process. He explained that the development of the plan began about a year ago, with the County taking a regional approach and Lake Elsinore participating with 24 cities in the development of the plan. He noted that the City assembled a work team from all City departments and the final plan identifies the potential hazards in the community and establishes means to reduce the impacts. He advised that with the adoption of this plan the City will be eligible for FEMA funds, in the case of future natural disasters. Mayor Buckley inquired if the plan had been reviewed by the Public Safety Advisory Commission, prior to Council consideration. Assistant City Manager Best indicated that if it was approved tonight, it would go to the Page Thirty-One -City Council Minutes -October 26, 2004 Commission. Mayor Buckley inquired if annual approval would be required. Public Works Manager Payne indicated that it would probably be appropriate to review the plan for annual updates. Mayor Buckley suggested that next year the review process start with the Public Safety Advisory Commission. Assistant City Manager Best indicated that approval of the resolution was needed tonight to meet the County deadline. Councilman Hickman thanked Mr. McCormick for his work. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0.2004-64, ACCEPTING THE PLAN. RESOLUTION N0.2004-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE FOR ACCEPTANCE OF THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN. 36. Lake Elsinore Rental Housing Safety Program -Ordinance No. 1130. (F:87.1) Community Development Director Brady highlighted the program regarding rental housing units throughout the City. He advised that there were about 12,000 rental housing units in the City, with about 18% being multi-family units. He explained that the intent was to develop a program to ensure that the rental residents have a safe and decent place to live. He advised that The program as proposed in the Ordinance would eventually require all rental units to be inspected by the City. He indicated that a requirement also currently exists that each unit obtain a business license from the City as well; however a number of units are not yet licensed. He stressed that the purpose of licensing was to ensure that the units were meeting minimum Page Thirty-Two -City Council Minutes -October 26, 2004 standards. He indicated that under the program both the interior and exterior of the properties would be inspected. He advised that the Crime Free Multi-Housing Program would work hand-in-hand with this program; and indicated that Code Enforcement would also be participatory in the program. He indicated that this program would provide much safer housing for the residents, a decrease in crime and an increase in property values. He noted earlier questions on this program and advised that the City Council had funded $235,000 for implementation of the program. He further advised that part of the cost of the program would be off-set by a fee for inspection of the units. He indicated that the intent was to bring the units into compliance and noted that the inspection certificates would be good for two years if the units are found to be in compliance. He commented that Councilman Magee had questioned the noticing of the program; and indicated that many of the properties were participating in Crime Free Multi-Housing Program and they had been advised that this program was coming forward. He indicated that if the intent was to notify the property owners throughout the City, staff would do an outreach to notify them of the program. He noted that the proposed fee was provided to give the Council an idea of the cost structure, and indicated that it would be an incentive that if they participate in the inspections, the fee would be reduced to increase participation. He indicated that staff would notify the property owners and bring the matter back for consideration at a later meeting; most likely in November. Mayor Buckley commented that this item was being continued, but noted that if anyone owned rental property, this program was coming and there would be a fee attached to the inspections. He noted that it would cover all rental units in the City and indicated that anyone with questions could call City Hall over the next couple of weeks. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO A DATE NOT CERTAIN TO ALLOW FOR FURTHER PROPERTY OWNER NOTIFICATION. Page Thirty-Three -City Council Minutes -October 26, 2004 37. Benefit Audit. (F:116.1)(X:44.1) Mayor Buckley addressed the benefit audit and highlighted the agenda report. He indicated that the cost of the audit would not exceed $18,000, but noted the need for certain legal assistance on the audit. He requested that Conrad & Associates be authorized to proceed with the audit, in addition to authorization for up to $7,000 for the use of Personnel Attorney Steven Filarsky. Councilman Magee concurred with this recommendation and looked forward to Council approval so the sub-committee could proceed. Chris Hyland, 15191 Wavecrest, expressed concern with the use of Conrad & Associates. She noted that it had been reported that the Administrative Services Director, who handles tax money, has worked for this auditor in the past, in another City.. She questioned the potential conflict of interest. She commented that the audit included Health/Wellness and the Warrant List, and noted that the Director collects Health and Wellness. She suggested pursuing an auditor who had never had contact with any employees. She stressed that she had a real problem with this issue and would be contacting the FPPC to determine whether a conflict of interest existed. Ron LaPere, 16867 Wells, indicated that a precedent had been set on many things throughout the City, particularly regarding benefits for staff and elected officials. He noted that one of the elected officials was the Treasurer, who received benefits comparable to the City Council. He noted that the official could either receive or reject the benefits, but they were the same as those provided to the Council. He commented that the Council took action this year to approve the benefits, with which he had no problem; but suggested that there was a minor issue in that the action did not take into account that the benefits took effect on January 1S`. He clarified that the total cost of benefits paid, had not been authorized by the Council, and suggested making the motion on this item retroactive to January 1St. He suggested that in light of the benefit audit, he would not think the Council Page Thirty-Four -City Council Minutes -October 26, 2004 would want the matter coming back at the Council, when it could be taken care of in a positive way. He suggested that this matter should be revisited, in all fairness to the City Treasurer. City Treasurer Weber questioned the need for retroactive action, since the Treasurer had always received the benefits. He clarified that the benefits he received were medical and dental, and indicated that he could have obtained those benefits through his employer. He indicated that this issue was different from what was being reviewed by the audit. He stressed that he did not buy lunch or go to the bar. He indicated that he did not think there was an issue of him having to pay that money back. Mayor Buckley clarified that the audit was not related to the Ca1PERS benefits, as those were placed in the budget for payment. He suggested that if there was action taken retroactively, he would assume it would have to go retroactive for several years. He clarified that the concern was a failing in matching procedure, precedent and policy. He questioned the expenditure of $11,000 in six months on the Treasurer's benefits. Administrative Services Director Pressey clarified that the numbers presented were year to date, in total since January. Councilman Magee indicated that Commissioner La Pere brought up a procedural matter, that should be addressed with the audit. He noted that part of the intent of the audit was to make sure things did not slip through the cracks. He stressed if something was missing, it would be corrected and appropriate action would be taken. Councilman Schiffner concurred with Councilman Magee. Mayor Pro Tem Kelley commented that by accepting and adopting the budget, the Council had endorsed the Treasurer benefits. Mayor Buckley suggested that was one of the things that would be looked at. Page Thirty-Five -City Council Minutes -October 26, 2004 Councilman Schiffner concurred that the benefits were accepted in the budget annually, and suggested that the same situation existed with Health/Wellness, over the years. He indicated that it was strange that one issue would cause such a stir, but in a flash the issue of City Treasurer benefits was corrected without comment, while tremendous issues were made of something amounting to about the same amount of money, being Health/Wellness. Councilman Hickman suggested that this discussion was getting off track. He noted Mrs. Hyland's comment about conflict of interest; and clarified that the sub-committee was going to conduct interviews. He inquired if they did not like Conrad & Associates, if they would go back out for bids since the original time line had been missed. He indicated that nothing was written in stone about selecting this company. Councilman Magee addressed Councilman Schiffner regarding the City Treasurer benefit package and concurred that it was the same amount, but stressed that despite his insistence, staff failed to bring Health and Wellness for action. Mayor Buckley inquired if retroactive action should be taken with regard to the Treasurer's benefits. City Attorney Leibold suggested that it would be unusual to go back further than this year's budget. She noted that the monies had already been paid and the budget had been endorsed annually, but indicated that she would be happy to review the issue. Mayor Buckley questioned the comments regarding a conflict of interest. City Attorney Leibold indicated that there was a prohibition in decision making if someone had a financial interest. She clarified that "financial interest" was defined as income received in the last twelve months. She indicated that it was her understanding that any income from this company was much longer than twelve months ago. She advised that there was no conflict of interest and this would not disqualify the Administrative Services Director from participating in the audit. Page Thirty-Six -City Council Minutes -October 26, 2004 Administrative Services Director Pressey clarified that he worked for the company about six years ago, for eight and a half years. He indicated that his next City ended up hiring them as auditors. He stressed that he had publicly disclosed his past relationship and there had been no problem. He indicated that in his past capacity he coordinated the audit as the accounting administrator, while working with this auditing firm. He commented that in his mind there was no conflict, as the records were available and open. He indicated that he felt they would do an objective independent audit, while he would just be providing records and answering questions. Mayor Buckley noted that he had talked with an outside CPA and the question came up, but he confirmed that if the sub-committee was comfortable, they could-award the bid. He noted that this issue might or might not come up in the discussions with Conrad. He stressed that there was clearly no legal conflict. City Attorney Leibold confirmed. Mayor Buckley reiterated that this was a distant relationship, which was not a problem. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE SUB-COMMITTEE TO INTERVIEW THE FIRM, AND PENDING THE OUTCOME OF THE INTERVIEW, SELECT CONRAD AND ASSOCIATES TO PERFORM THE AUDIT AT A COST OF NO MORE THAN 518,000, AND ALLOW FOR THE EXPENDITURE OF UP TO $7,000 FOR LEGAL ASSISTANCE FROM PERSONNEL ATTORNEY STEVEN FILARSKY. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:10 P.M. Ebony Jolly, 331 Avenue 12, addressed the joint use contract at the new high school, and indicated that she was shocked to learn such a decision had been made. She expressed concern with the presence of sex offenders, who could make _ Page Thirty-Seven -City Council Minutes -October 26, 2004 contact with the students in this environment. She noted that the School Superintendent seemed to believe that a separate entrance for the library would be adequate, and was against any compromise of hours. Mrs. Jolly suggested that there was enough money to build a library that was separate from the schools. She commented that children were not even safe in their own yard and noted that she saw a registered sex offender in her neighborhood. She expressed concern that the children would also be at risk, while in school. She inquired if the City was prepared for lawsuits resulting from this situation. Carrie Hughes, 3337 Spruce Street, indicated that she was also present to speak about the joint use contract. She indicated that she had lived in the City just over a year and had some pretty discouraging issues with break-ins, vandalism and a motorcycle being stolen. She indicated that she had visited the Police Station on three occasions to view information on Megan's law. She indicated that there had been two attempted abductions in her area, that she was aware of. She commented that it concerned her that the schools were being opened to the public. She indicated that she is a single mother who goes to great lengths to protect her son. Julie Munoz, 310 Avenue 9, indicated that she was a clinical social worker, specializing in mental health and trauma intervention. She advised that she had three small grandchildren in the school district. She expressed concern with the joint use contract and questioned why parents were not informed about this item. She suggested that it was an open door to all kinds of trauma for the children of Lake Elsinore. She expressed hopes that the Council would reconsider and closed the facility to public uses. She stressed that there were already enough problems with pedophiles, and terror plans on the Internet. She commented on the potential liability to the City. Monique Munoz, 310 Avenue 9, indicated that she had three children, two in the school district. She indicated that she was very involved in the school and when she found out about the contract, she was terrified. She stressed that the registered sex offenders would have access to the children at school She noted that while there might be security and teachers watching the children, the sense of security was being taken away. She indicated that due to this arrangement, she Page Thirty-Eight -City Council Minutes -October 26, 2004 was thinking of home schooling her children. Ms. Miller, P. O. Box 1377, suggested that there was a need to become the united people of the earth and indicated that everyone should vote for hydrogen fuel cells. She suggested that everyone read the websites of people running for office and indicated that she did not understand people who voted along party lines. She expressed concern with a number of political candidates and provided recommendations on the upcoming ballot measures. John Seepe, 33411 Maple Tree Lane, indicated that it had been five years since he attended a Council Meeting. He addressed the Constitution Week presentation and stressed the number of dedicated people supporting the military. He noted that Paula Graver had continued to support the troops. He indicated that Faith Baptist Church on Walnut Street would be recognizing the military personnel and saying thank you for their sacrifices on November 7`~' at 9:30 and 11 a.m. He stressed the advantages of open meetings, open discussions, the ability to express opposing views and worship freely. CITY MANAGER COMMENTS Assistant City Manager Best commented on the following: 1) Addressed the concerns regarding the School District and indicated that she would like to speak with the group of concerned residents. She noted that in the past the City Council and Schools had looked for a way to fund Library services. She stressed that there was an intent to protect the students, and indicated that the City had requested an opportunity to be participatory in the library project. She stressed that she was sure the entire Council was concerned for the safety of the children. 2) Noted that City Clerk/Human Resources Director Kasad was attending this meeting on her 19`x' wedding anniversary. 3) Indicated that the Council had taken action to look at an RFP for a Page Thirty-Nine -City Council Minutes -October 26, 2004 4) Announced the Special City. Council meeting on November 3`a at 5 p.m. 5) Announced that the study session on Street Sweeping was being cancelled. 6) Congratulated the Police Department on the news article today, advising that there had been no killings in Lake Elsinore in 2003. She expressed appreciation for their efforts. 7) Thanked City staff for their work in the last week to address issues from the storms, dealing with flooding and failed retention basins. She noted that a standby crew on duty for the next storm. She announced that if there was flooding in area, there were sandbags outside the Public Works Yard on Langstaff. 8) Announced that a CDBG meeting was being planned, so any group applying for funding should apply on November 8th at 6 p.m. She indicated that Community Services Director Sapp would be handling that program. 9) Indicated that there had been a lot of information on voting, and encouraged everyone to vote on November 2aa 10) Wished everyone a Happy Halloween. CITY ATTORNEY COMMENTS No Comments. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: Page Forty -City Council Minutes -October 26, 2004 1) Indicated that he would be having a meeting regarding the CFD's and Wasson Canyon. He indicated that he did not know how much the sale was for, but stressed the need to be sure where that money was. 2) Indicated that with regard to the audit, he receives benefits and $150 per month. He commented that the concern was persons making $100,000 to 130,000 and getting all kinds of other benefits. He indicated that he did not have a City credit card, but he sees people buying wine and sangria and other things. He indicated that abuses were occurring and he wanted to get them in check. He stressed the need to deal with the abuses and expressed pride in Mayor Buckley and Councilman Magee's efforts. Mayor Pro Tem Kelley commented on the following: 1) Wished everyone a Happy Halloween, noting that Safe Candy Night would be held on October 31St. She noted that there were a number of bicycles as prizes. Councilman Hickman commented on the following: 1) Thanked Kevin Jeffries for having Congressman Isla in the area. 2) Congratulated Temescal Canyon High School for winning the contest regarding the Constitution. He noted that Elsinore High School won second place. 3) Congratulated the Bikini Beach Club on their opening and noted that he was impressed with the new sports bar. 4) Wished everyone a safe Halloween and encouraged participation in Safe Candy Night. Councilman Schiffner commented on the following: Page Forty-One -City Council Minutes -October 26, 2004 1) Noted that he had received complaints on street sweeping and tickets and indicated that this was the first time he had heard that it was corrected. He indicated that it could not have been corrected, as that would require an action by the City Council. He suggested that a study session was still needed and expressed sympathy with the people who received tickets and those who issued tickets. Councilman Magee commented on the following: 1) Addressed those in the audience regarding the library issue and questioned why he had been singled out for a response. He indicated that with regard to the Sheriff's website it was a very valuable tool; and noted that he had found disturbing information in his area and got a bus location changed. 2) Addressed law enforcement in the community and the concerns with response times; and noted that police hours had been added, as well as a Public Safety Commission and a more responsive Police Chief. He indicated that the Council's number one priority was public safety. 3) Indicated with regard to the use of the library, he was caught off guard, as he was not aware of it. He advised that he would like to direct staff to contact Ebony Jolly to explain the City's role and understanding of the prof ect. He noted that he too needed to understand what was going on and get a clear picture of what was proposed. He suggested a response in the form of a letter so everyone could have a copy. He indicated that he needed to get educated and possibly act on the matter at the next meeting. 4) Noted that new traffic lights were approved for the intersection of Grand and Broadway in the west end. He explained that the Council had authorized the expenditure to install the lights some time in the next year. Page Forty-Two -City Council Minutes -October 26, 2004 5) Indicated that he had received many calls about the traffic at Grand and Highway 74. He indicated that staff was working with Caltrans to front the money for the traffic signal, so it could be addressed in this fiscal year. He commented that relief might be on the way. 6) Advised that for the Grand/Ontario signal, the funds had been authorized and it was up to the County. He indicated that he had been infonned that action should take place in January. He thanked the Public Works staff and the contractor for the landscaping at this location. He noted that the work was completed 13 years after the tract was constructed. 7) Indicated that he met with representatives owning property east of the freeway and working on the Camino del Norte CFD to implement infrastructure and right-of--ways along Main/Franklin and into Tuscany Hills. He requested input on how best to proceed to move that group forward. 8) Noted that a development project had been submitted causing the neighbors on Ulla Lane to reach out to Council. He explained that the residents were seeking quiet title of Ulla Lane, but the developer had quite a different opinion. He indicated that he would like an opinion from staff, as to how to proceed. He advised that they also shared their concerns with Mr. LaPere and he would also like to see it resolved prior to the public hearings. Mayor Buckley commented on the following: 1) Responded to Ms. Miller, and noted while she encouraged people not to vote party lines, five of the individuals mentioned were Democrats. 2) Noted that the joint use library was moving forward, and explained that the City contracts with the County Library System. He added Page Forty-Three -City Council Minutes -October 26, 2004 that there were police officers stationed at the high schools, but not at the libraries. He concurred that this issue needed to be sorted out. He requested research on the crime number differences between joint libraries and regular libraries. 3) Noted that the Council had unanimously endorsed Proposition lA, but noted that he would also like people to vote against Proposition 66, which would weaken the Three Strikes Law. He noted that while the Council had been supporting of the public safety officials and they had done a great job, the improved statistics were reflective of the State statistics. He indicated that this was an impact of the Three Strikes law and people with a long history moving out of the state to avoid the implications of the Three Strikes Law. He noted the changes that Proposition 66 would implement and encourage residents to vote against the Proposition. 4) Noted the November 2"d election and encourage everyone to vote however they see fit. 5) Thanked public works for their efforts in cleaning up the mud on the streets. He noted that the good thing about the rain was that the Lake went up about five and a half inches, which was like free money from the sky. He noted that more rain was on the way. 6) Announced the Special Meeting on November 3`d at 5 p.m. to consider the recommendations of the Electoral Reform Committee. He noted that the Committee had done a great deal of work, and the matter was scheduled for a Special Meeting because he anticipated a rather in-depth and detailed discussion. He indicated that he wanted to be sure there was enough time to go through all of the details. He encouraged public attendance at the meeting. 7) Announced the following upcoming events: Page Forty-Four -City Council Minutes -October 26, 2004 November 7`" -Military Recognition at Faith Baptist Church at 9:30 and 11 a.m. October 27t" -World Series Party at the Diamond Club October 28`" -Last Chamber Mixer of the Year at Coco's - 5:30 p.m. October 31st - Safe Candy Nigh Downtown, at dusk November 6`" from 9 a.m. to 2 p.m. -Household Hazardous Waste Disposal November 6`" -Student Volunteer Event at McVicker Park November 7`" -Open Air Market November 13t " & 14"' - GFI Grand Prix Weekend December 11th - Holiday Home Tour, by the Historical Society 8) Reminded the Community that the Chamber of Commerce was gathering food donations, grocery certificates or cash for HOPE at the Chamber Office. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:50 P.M. A EST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR