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HomeMy WebLinkAbout04-08-2003 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 8, 2003 x:~*~*:~:~*~~:~:~:~~*:~*~:~*~~~~:~*~:~~:~**~*:~~:~~~*:~:~~:~*x~~:~:~~x:~~~*~:~~~:~~~~:~:~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Brinley at 530 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Finance Manager Magee, Information/ Communications Manager Dennis, Public Works Manager Payne and Deputy City Clerk Gibbons. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL - EXI5TING LITIGATION (Subdivision A of Gov't Code §54956.9) Water Not - Promises v City of Lake Elsinore, Lake Elsinore Redevelopment Agency and Elsinore Valley Municipal Water District (Riv. Co. Superior Court Case No. 389013). (F:52.2)(X:40.1) Page Two - City Council Minutes - Apri18, 2003 B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision (c) of Section 54956. (1 case).(F:52.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE PUBLIC SESSION (7:00 p.m.) Mayor Brinley reconvened the Regular City Council Meeting in Public Session at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chamber of Commerce President McColley. INVOCATION Mayor Brinley led the meeting in a Moment of Silent Reflection. The Moment of Silent Reflection was interrupted by a gentleman demanding public prayer for our troops in Iraq at City Council Meetings. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY Page Three - City Council Minutes - Apri18, 2003 ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Acting Fire Chief Shymanski, Police Chief Walsh, Engineering Manager O'Donnell, Finance Manager Magee, Information/Communications Manager Dennis, Public Works Manager Payne, City Treasurer Judziewicz and City Clerk/Human Resources Director Kasad. PRESENTATIONS a. Presentation - Recognition of City's 115th Birthdav. (F:45.1) Mayor Brinley and the City Council blew out the candles on the City's 115`h Birthday cake. Mayor Brinley noted the City's rich history and the accomplishments of its 115 years. She invited everyone to join the Council for Birthday cake. b. Presentation - Chamber of Commerce Update. (F:108.4) Jack McColley, President, Chamber of Commerce, presented an update on the Chamber events for the upcoming month including: April 10"' - EDC Lunch at the Diamond Club, at Noon, which will focus on business fraud, etc. April 16~' - Wealth Builders Club of America, Launch of first chapter in Lake Elsinare, with a ribbon cutting event at the Win Center from 4 to 7 p.m. Apri124t'' -Monthly Mixer at Lake Elsinare Ford from 530 to 7:30 p.m. Page Four - City Council Minutes - April 8, 2003 Apri129~' - Student of the Month Lunch at Noon at Sizzler. May 2"a - Eighth Annual Golf Tournament He also noted a new energy efficiency program being provided by Southern California Edison for Chamber members, which provides a customized energy service plan. He advised that the Lake Elsinore Explorer publication was on target far distribution on April 16~'; and that the Lake Elsinore Valley Map was still in production. He also advised that the Chamber website had just under 300,000 hits in March. He announced that the April Business of the Month was Dr. Anthony Salmon, of Community Chiropractic. He noted the contact numbers and website for the Chamber. Mr. McColley presented the Mayor and City Council with a Certificate recognizing the City's 115th Birthday. Mayor Brinley thanked the Chamber for this recognition. a Mayor's Prayer Breakfast. (F:44.2)(X:62.1) Mayor Brinley announced the 2"d Annual Mayor's Prayer Breakfast, in connection with the National Day of Prayer, which will be held on May lst at the Diamond Club from 8 a.m. to 9:30 a.m. She advised that as part of her comments, she would like to include the names of the Lake Elsinore residents and relatives serving as enlisted people in Iraq. She asked that family and friends of military personnel call City Hall at ext. 204, with the Name, Rank and Branch of the Service, so they could be honored at the Breakfast. Page Five - City Council Minutes -Apri18, 2003 CLOSED SESSION REPORT City Attorney Leibold reported that the Council met in Closed Session at 530 p.m. and discussed the items as listed on the Agenda, with no reportable action on either item. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 22, 23 and 31. CONSENT CALENDAR ITEMS City Attorney Leibold requested that Item No. 5 be pulled from the Consent Calendar for continuance to a Joint Adjourned Regular Meeting on April 15`t' MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ITEM NO. 5 TO APRIL 15TA AND APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH CORRECTIONS TO ITEM 1.B. AS IDENTIFIED DURING THE AGENDA REVIEW STUDY SESSION. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - March 11, 2003. b. Regular City Council Meeting - March 11, 2003. (Corrections were made to page three to correct the spelling of Donna Moran's name; and to page eighteen to add that the "proper agency to administer TUMF would be WRCOG). c. City Council Study Session - March 20, 2003. d. Joint City Council/Redevelopment Agency Study Page Six - City Council Minutes - Apri18, 2003 Session - March 25, 2003. e. Regular City Council Meeting - March 25, 2003. (F:44.4) The following Minutes were received and ordered filed: f. Planning Commission Meeting - March 18, 2003. (F:603) 2. Ratified Warrant List for March 31, 2003. (F:123) 3. Rejected and Referred to Claims Administrator for handling the Claim Against the City submitted by Sylvia Estrada (CL #2003-OS). (F:52.2) 4. Accepted Notice of Completion for the Outlet Channel Landscape Project from Diversified Landscape Company, and directed staff to record the documentation. (F:95.2) 5. Defense Coordination Agreement with EVMWD re: Water Not Promises Litigation was continued to a Joint Adjourned Regular Meeting on April 15'~'. (F:68.1)(X:52.2) 6. Approved Extension of Weed Abatement Contract with Smith Tractor Service, until December 31, 2003 at the current contract rate. (F:68.1)(X:166.1) 7. Authorized staff to enter into Professional Services Agreement with Omnis in the amount of $11,500 to provide services to update the City's Pavement Management System Update for GASB 34 Compliance. (F:68.1) PUBLIC HEARINGS 21. Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance. Property Owners to be notified - Resolution No. 2003-08. (F:166.1) City Manager Watenpaugh noted that this was an annual item required to initiate the Weed Abatement Program. Page Seven - City Council Minutes - April 8, 2003 Mayor Brinley opened the public hearing at 7:15 p.m. Community Development Director Brady explained that this was the Declaration of Weeds, etc., identifying about 5,000 parcels of land for clean- up and initiating notices to the property owners. He explained that the owners would have the opportunity to clear the weeds, debris, etc., but after that the weeds would be cleared by the City contractor and in addition to the cost of clearing, there would be a$250 administrative charge. Mayor Brinley asked those persons interested in this item to speak. There were no comments from the audience. Mayor Pro Tem Schiffner indicated that this was a routine, annual item. Councilwoman Kelley indicated that this was part of the annual clean-up and she had no problem with the proposed action. Councilman Hickman inquired if the object of this program was to keep the weeds no taller than six inches. Community Development Director Brady clarified that the program included weeds, tree trimming and removal of undergrowth. Councilman Hickman noted the growth of Mustard Weed and noted that if it were disked it would collect in large piles, and inquired if the piles would be removed. Community Development Director Brady indicated that the piles would typically not be collected unless there was a large amount. Councilman Hickman stressed that the weeds were very thick and would produce a lot of debris; and questioned what would happen if a lot looked like it was not abated. Community Development Director Brady clarified that abatement is documented. Councilman Hickman questioned if t~ie concern was with the potential fire hazard. Community Development Director Brady confirmed. Councilman Hickman suggested telling the property owners that the cuttings should be removed. Community Development Directar Brady indicated that typically disking would be considered compliance with the program. Councilman Hickman expressed Page Eight - City Council Minutes - Apri18, 2003 concern for the absentee owners. He suggested that when Edison trims trees, Code Enforcement should be on site to be sure debris is not left behind. City Manager Watenpaugh indicated that Edison could be notified to remove the debris. Councilman Hickman reiterated that Edison should pick up after themselves. Councilman Buckley requested clarification of the weed abatement process. Community Development Director Brady explained the noticing, public hearing, allowance for the owners to abate the property, City contractor abating the properties and Code Enforcement checks the properties for compliance. He further explained that if the City disked the property, the owner will be liened far the fee, plus an administrative fee. Councilman Buckley noted that the date the City contractor would begin was May 15th, and questioned what would happen if the weeds re-grew in the meantime. Community Development Director Brady indicated that there was not a lot more rain anticipated, but the existing growth was higher than in the past, so it would be easier to identify where work had been done. Mayar Brinley commented that this was part of the annual housekeeping process. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-08, DECLARING PUBLIC NUISANCE AND DIRECTING STAFF TO BEGIN THE ABATEMENT PROCESS FOR THIS YEAR. Mayor Brinley closed the public hearing at 7:25 p.m. RESOLUTION NO. 2003-08 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, Page Nine - City Council Minutes - Apri18, 2003 RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PART 5, CHAPTER 2, OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MiJNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. 22. Development Agreement between Como at Tuscanv Hill Corporation and the City of Lake Elsinore - Ordinance No. 1092. (F:68.1) City Manager Watenpaugh introduced this item. Mayor Brinley opened the public hearing at 7:26 p.m. Community Development Director Brady explained that this was a request for a Development Agreement for a residential tract with Como at Tuscany Hill Corparation. He advised that this would be a 207 lot residential tract in Tuscany Hills, and essentially the last tract for development in the southern portion of Tuscany. He explained that this Agreement would vest the development rights for the property and the current fee schedules; for a five year term, with the developer in turn paying $3,000 per unit constructed. He indicated that the Planning Commission held a hearing on this Agreement on April7th, with a number of area residents in attendance. He further indicated that the tract was going through the development process at this time, and the lots had already been graded and utilities were already in place. He recommended approval of the agreement and adoption of the related ordinance. Page Ten - City Council Minutes - April 8, 2003 Bill Kennedy, representing the applicant, thanked staff and the Planning Commission for their favorable consideration on this item. He explained the difficulties encountered with these lots through the recession and repurchase of the lots. He detailed the costs incurred to date including CFD 90-2 assessments, school fees, and annual homeowner association fees. He noted that in addition to the $3,000 per unit fee, this project was conditioned to pay $500,000 in Railroad Canyon Fees. He explained that this agreement would provide certainty that there would not be additional layers of fees added onto the project. He noted that this project had been cleared for building permits and requested favorable approval. Mayor Brinley asked those people in support of this project to speak. Hearing no one, she asked those in opposition to speak. The following person spoke: Bill Tucker, 740 Acacia Street, indicated that he was not against growth in the City, but noted the existing traffic problems at Railroad Canyon Road. He expressed concern with additional homes being built that would impact the intersection further. Councilwoman Kelley concurred with Mr. Tucker that the interchange was a problem; but noted that the City was waiting for reports from Caltrans on possible mitigation for the area. She indicated that in spite of these concerns, the City could not prevent recorded Tract Maps from going forward. She noted that this project was a long time coming and she had no problem with the agreement. Councilman Buckley addressed Railroad Canyon and noted that this company was paying $1/2 million toward it. He indicated that if the Council approved the TUMF fee this evening, Railroad Canyon Road was on the project list. He questioned the Multi-Species Habitat Conservation Land, and if the 100 acres of slope would be dedicated to the HOA or if it would be part of the MSHCP land. Mr. Kennedy indicated that if the county wanted Page Eleven - City Council Minutes -Apri18, 2003 it they could have it; and clarified that there would be 76 acres plus 18 acres of open space, of which a small portion would be landscaped. Councilman Buckley further questioned the open space area. Mr. Kennedy clarified the property to be included as open space, noting that the bulk of it would remain natural. Councilman Buckley questioned the ability to use that land as part of the MSHCP credit. City Attorney Leibold questioned who would maintain the property; and suggested it was possible if someone could actually identify the responsible party. Councilman Hickman inquired if confirmation could be obtained in writing. City Attorney Leibold suggested that this discussion was premature. Councilman Buckley noted that the agreement was for five years and inquired if he felt they would sell out in that time. Mr. Kennedy indicated that they would hope to do so. Mayor Pro Tem Schiffner indicated that he thought the agreement was a great idea. Councilman Hickman indicated that he had watched this project struggle far a long time and expressed support for the agreement. Mayor Brinley concurred that Railroad Canyon was a valid issue, but it was also good to see this project coming to closure. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE N0.1092 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1092 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH COMO AT TUSCANY HILL CORPORATION. UPON THE FOLLOWING ROLL CALL VOTE: Page Twelve - City Council Minutes -April 8, 2003 AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Brinley closed the public hearing at 7:36 p.m. 23. Development Agreement between Urban Pacific Builders, A California Limited Liabilitv Corporation and the City of Lake Elsinore - Ordinance No. 1093. (F:68.1) City Manager Watenpaugh introduced this item. Mayor Brinley opened the public hearing at 7:37 p.m. Community Development Director Brady commented that this item was similar to the last one but it involved a 75.2 acre tract of land adjacent to the Serenity Tract. He advised that the project was currently going through the tentative tract map process. He explained that they were requesting the Development Agreement to vest their rights and the fees associated with the project. He noted that this area was within the Eastlake Specific Plan area. He advised that the Planning Commission held their hearing on April 1 st, with a number of residents present with good questions concerning the actual development. He clarified that those questions were more about the development than the development agreement, and would be addressed in the developmental review process. He advised that this proposal was for the development of 232 single family homes, with a two acre park and ten acres Page Thirteen - City Council Minutes - April 8, 2003 of open space. He advised that the development agreement fees would be $3,000 per unit. Mayor Brinley noted concerns with the fence in this area. City Manager Watenpaugh confirmed that there was an existing fence at the back of the property; and indicated that staff had contacted the County and would be sitting down to address the issue. Bob Magee, 32400 Beechwood Lane, spoke in support of the development agreement and thanked Community Development Director Brady for listening to his concerns and adding language to require participation in the Public Safety community facilities district. He thanked Planning Commissioner iJhlry for discussing the issues with him; and thanked Commissioner LaPere for his support of activities for youth of the community. He expressed concern that the developer did not intend to support any of those activities. He noted an offer by the developer to meet with the area residents to hear their concerns, but indicated that it was somewhat disingenuous because he wrote to the developer last year providing contact information, areas of concern and offering the use of his home to meet with the residents. He indicated that the response he received from the developer made comparisons to the equestrian properties in Coto de Caza. He commented that he was in support of developing the property, but wary of this applicant. He requested that the Council provide instruction to staff and the Planning Commission to carefully consider lot sizes on Skylark Avenue, require active, improved parks and police and fire access. Mayor Brinley requested that Community Development Director Brady clarify the issues raised. Community Development Director Brady indicated that the issues raised were some of the same issues which would be addressed at the time of the tract map. He indicated that he would be happy to discuss the concerns with the residents as part of the process. Page Fourteen - City Council Minutes - April 8, 2003 Councilman Hickman indicated that this was an attempt to help the developer and expressed support. Councilwoman Kelley reiterated that this was just a development agreement and involved no consideration of lot sizes, which would be discussed later. She indicated that she had no problem with this item. Mayor Pro Tem Schiffner reminded Mr. Magee that his concerns were not being ignored, but this was not the time to address the issues mentioned. Councilman Buckley questioned the status of the e~sting map in relation to the development agreement. City Attorney Leibold indicated that it was currently in process. Councilman Buckley questioned the development agreement and if it would vest the map. City Attorney Leibold indicated that it did not but it would freeze in time, the laws, fees and rules applicable to the project at this time. Councilman Buckley questioned the potential for changes even though the development agreement listed the number of lots in the map. City Attorney Leibold clarified that it would vest land use designations, subject to regular review. Councilman Buckley further questioned the ability to adjust lot sizes, eta City Attorney Leibold confirmed assuming that it would be consistent with the existing zoning. Community Development Director Brady confirmed that the regulations would be vested as part of this development agreement. City Attorney Leibold questioned the size range of the lots. Community Development Director Brady indicated that it was R-1 zoning with a minimum of 6,000 square foot lot size and noted that the proposed lots ranged from about 6,400 to 11,000 square feet. Councilman Buckley questioned the lot sizes on Skylark Avenue. Community Development Director Brady indicated he was not sure of the exact size but they were in the 6,000 to 7,000 square foot lot size range. Councilman Buckley indicated that the project would fit well with Serenity, but on the side closer to Reflections it might need to be adjusted. He also noted the fence on the County property and indicated he did not know how it could be addressed aside from meeting with them. He Page Fifteen - City Council Minutes -Apri18, 2003 suggested that when this item came up for design review, Skylark should be open. Community Development Director Brady indicated that this project would be putting Palomar through and increase access to the tract. Mayor Brinley indicated that the comments from this meeting would be well noted; and Mr. Brady would stay on top of the issue to be sure the applicant does the best possible. City Attorney Leibold noted that there had been some modifications at the Agenda Review session and explained that Urban Pacific held interest in the real property; and indicated that Section 2.5 would be added to take advantage of a Subdivision Map Act provision which allows maps to run for the term of the development agreement. She noted that there were other minor typographical errors which would be corrected prior to signatures. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE N0.1093, UPON FIRST READING BY TITLE ONLY: ORDINANCE N0.1093 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH URBAN PACIFIC BUILDERS, LLC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NOl\TE ABSENT: COUNCILMEMBERS: NONE Page Sixteen - City Council Minutes -Apri18, 2003 ABSTAIN: COUNCILMEMBERS: NONE Mayor Brinley closed the public hearing at 7:55 p.m. 24. Development Agreement between the DEH, LLC, A California Limited Liabilitv Corporation and the City of Lake Elsinore - Ordinance No. 1094. (F:68.1) City Manager Watenpaugh introduced this item, noting that it would involve a retail/commercial site. Mayor Brinley opened the public hearing at 7:56 p.m. Community Development Director Brady explained that this agreement was for a parcel of land located near I-115 and highway 74, at Dexter street. He advised that it contained 68 acres of land currently zoned C-2 Commercial. He further advised that the annexation of the property to the City was completed in 1997. He explained that the development agreement would vest the rights for development of the property in terms of land use, development standards and fees for development which were in place at the time the agreement was adopted. He indicated that the Planning Commission held a public hearing on April ls` and recommended City Council approval of the agreement. He explained that the development agreement fee to be paid in this case was a little different from the previous agreements as it would follow the fee schedule contained on pages 10 and 11 of the agreement. Mayor Brinley asked those persons interested in this item to speak. There were no public comments. Councilwoman Kelley commented that this was another developer agreement, but it was for commercial development which would bring more tax dollars. She indicated that she had no problem with the agreement and was excited to see what it would bring. Page Seventeen - City Council Minutes - April 8, 2003 Councilman Buckley indicated that he had no problem with the development agreement. He noted that it was one of the first such agreements that would provide a retail product, and produce dollars for the City. He commented that if the newspaper was true, the City would capitalize on a great spot for a really nice commercial and retail center. Mayor Pro Tem Schiffner commented that this agreement would extend the possibility that an outstanding development could take place. He expressed support. Councilman Hickman indicated that he was in favor of this agreement and commented that it would be a blessing for the City. Mayor Brinley indicated that she was also in favor of this agreement, as it would mean a lot of things for the City, and put the City on the track it has tried to reach for five years. She indicated that it would mean a lot of new shopping and new jobs. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1094 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1094 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING A DEVELOPMENT AGREEMENT WITH DEH, LLC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY Page Eighteen - City Council Minutes - Apri18, 2003 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Brinley closed the public hearing at 8 p.m. 25. Termination of Development Agreement dated February 28, 1997, between the City of Lake Elsinore and First Financial Group, Inc. - Ordinance No. 1095. (F:68.1)(X:134.7) Mayor Brinley opened the public hearing at 8:00 p.m. City Attorney Leibold explained the involvement with this property which is owned by the Redevelopment Agency, within the Eastlake Specific Plan Area. She indicated that it related back to a 1996 settlement agreement with First Financial Group., which was later replaced by a settlement agreement in December, 2001. COUNCILMAN BUCKLEY LEFT THE TABLE AT 8:02 P.M. THE CITY COUNCIL MEETING WAS RECESSED AT 8:02 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:09 P.M. City Attorney Leibold explained the 1997 development agreement allowed no less than 400 residential units on the 80 acres and obligated the City to provide substantial public infrastructure. She explained that the later development agreement terminated their interest, but since the agreement was adopted by ordinance, it needed to be terminated by ordinance. She further explained that the developer previously conveyed the interests in the property to the Redevelopment Agency, but it was now appropriate to Page Nineteen - City Council Minutes - Apri18, 2003 terminate the agreement. She noted that this would clear the property and the City's obligations. Mayor Brinley asked those persons interested in this matter to speak. There were no public comments. Councilman Hickman commented that this action was just cleaning the slate and expressed support for the action. Mayor Pro Tem Schiffner indicated that this was the last little bit of technical paperwork to take care of a project that had taken a long time to negotiate; and changed a$5 million liability into a$4 million asset. He indicated that he was in favor of the action. Councilwoman Kelley indicated that this was a housekeeping issue and she was glad to see it done. Councilman Buckley indicated it was a very good idea to take this action and reminded the community that this was a$5 million liability taken on by the Council in 1997. Mayor Brinley indicated that this was a long time coming and she was glad to be moving on. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1095 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1095 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 1024 AND PROVIDING FOR THE TERMINATION OF THE DEVELOPMENT AGREEMENT WTTH FIRST FINANCIAL GROUP, INC. Page Twenty - City Council Minutes -April S, 2003 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Brinley closed the public hearing at 8`.13 p.m. 26. Consideration of Ordinance No. 1096 of the City of Lake Elsinore, California, Authorizing Participation in the Western Riverside County Transportation Uniform Mitigation Fee Program and adding Chapter 16.83 to the Lake Elsinare Municipal Code. (F:1401)(X:162.1) City Manager Watenpaugh introduced this item and noted the revised copy of the Administrative Implementation Agreement, with a handwritten correction on the second page regarding the indemnification. He commented that this matter had been discussed by the City Council several times; and noted that Rick Bishop, representing WRCOG, was present to answer questions. Mayor Brinley opened the public hearing at 8:15 p.m. Community Development Director Brady noted the previous study sessions with the City Council, City staff and WRCOG staff, and indicated that the process started almost four years ago with Temecula, Murrieta, Lake Elsinore and the County, but later grew to encompass the greater area. He advised that the proposed ordinance was modeled after the County Ordinance to remain in compliance with the program, as any deviation could Page Twenty-One - City Council Minutes -April 8, 2003 make the City out of compliance with the requirements. He further advised that to be in compliance with the program, the ordinance would have to be in effect by June 15` of this year. He explained that the fee schedule was set up to provide funds to address transportation impacts associated with new development. He advised that the fees varied based on the type of development, and detailed those fees. He indicated that the non-residential fees would be phased in starting next year, with gradual increases. He commented that the City was not required to participate in the TiJMF program, but non-participation would prevent the receipt of Measure A funds or the related transportation improvements. He recommended the following modifications to the proposed ordinance: Page 6 of 12 - Section C add "or an industrial manufacturing use listed in the specific plan." Page 6 of 12 - Section H add "CM, R ar a commercial or recreation use listed in a specific plan." Page 7 of 12 - Section V, remove the words "public facilities", and "of new fees" to "if new fees". Rick:Bishop, representing WRCOG, indicated that Mr. Brady had provided a good summary, and noted the number of study sessions held to answer questions. He advised at this point, 13 of the 15 jurisdictions had adopted the ordinance; with Perris adopting it this evening. He noted that in total 64 of the 67 officials had voted yes. Mayor Brinley asked those persons interested in this item to speak. There were no public comments. Councilman Buckley who serves as the City representative to WRCOG, indicated that the TUIVIF fee only applied to new development, not existing development. He indicated that there were a number of reasons to support Page Twenty-Two - City Council Minutes - April 8, 2003 this ordinance 1) non-participation would result in the City loosing Measure A funds in the amount of about $38 million dollars; and 2) with the development agreements in place, over the life of the TLJMF, the City would gain about $95 million, while the total of Lake Elsinore projects including Railroad Canyon, Highway 74, Nichols interchange and Grand Avenue, total about $110 million in projects. He indicated that there were also intangible benefits, with politicians being what they are, not everything happens when you wanted it to happen. He commented if the City did not participate in changes, things such as the new southern transportation corridor in the area would evaporate. He also noted the potential for other joint projects. He noted that there were a few questions regarding the administration of the fee, and explained that each city would ha~e a single vote and the Board of Supervisors would have four votes. He explained the breakdown of the TUMF fees, and the division of the area into zones. He further explained that each zone would meet to prioritize the expenditure of the local funds; and noted that the City would be in the same zone with Canyon Lake, Temecula, and Murrieta. He also explained that Barratt American had already sued the County over the concept of the TiJMF and WRCOG had taken over that defense; so if the City were to be sued on this issue, WRCOG would defend and indemnify the City. Mayor Brinley questioned the legal verbiage regarding the coverage and suggested the need for more in-depth verbiage. She also addressed administration recovery fees for the City, and low income properties related to the Agency's 20% set-aside, non-residential project exceptions, and out of zone projects. She indicated that the money was ambiguous and expressed concern with the zones setting the priorities. She indicated that another area of concern was with regard to the zone expenditures, which would become a political issues. She expressed concern with matching fund issues and indicated that she would like to have seen more time and a more specific document for consideration. She commented that these areas would create more potential for lawsuits by the developers, and stressed the need for more legal verbiage. Page Twenty-Three - City Council Minutes - April 8, 2003 City Attorney Leibold noted attempts to identify issues raised by the Council and the public tl~rough the previous meetings. She indicated that staff would recommend consideration of the ardinance, which parallels that of the Council and continued participation in the process; but if the Council wished to address additional issues, there should be some sort of rider for consideration by the WRCOG committee. She suggested that the issues would be with respect to non-residential projects since the TIJMF would not be imposed until July, 2004; and indicated that there was some confusion with regard to a non-residential project vested prior to July, 2004 and if it would be exempt from the fee. She further indicated that there was some question as to special consideration in regard to the non-residential projects. She indicated that the second issue was the administrative costs, which permit WRCOG to use the fees for administrative costs, but there was not similar off-set for the cities. She also indicated that the "Administrative Plan" should be a defined term in the ordinance, to identify the plan approved by the WRCOG committee on April 7`h, which was dated March, 2003. She commented that another issue involved the exemptions for low income residential housing, because as defined it is publicly subsidized housing for low income persons and noted the variation in contrast to RDA law. She suggested that it would be advantageous to allow the exemption of low and moderate assisting living. She indicated that there were questions in the context of the administrative plan based on the language added yesterday with regard to expenditure of the "zone" dollars. She advised that the previous understanding was that it had to be expended within the zone, but the new verbiage allowed for use outside the zone if the committee supported it. She commented that the final concern was the agreement to indemnify and defend the City and indicated that she had prepared suggested language. Mayor Brinley compared the WRCOG verbiage with the language proposed by the City Attorney and read the proposed language as;follows: Page Twenty-Four - City Council Minutes - Apri18, 2003 XIV Indemnification. WRCOG shall defend, indemn~ and hold harmless any jurisdiction participating in the TUMF Program, and its respective agents, officers, members, officials (elected or appointed), managers, employees, attorneys, contractors and affiliated and related entities from and against any and all claims, actions, causes of action, Ziabilities, losses, suits, damages, expenses or costs of any kind whatsoever, including attorneys' fees and court costs, arising directly or indirectly out of the participating jurisdiction' adoption of the TUMF Ordinance and/or its participation in the TUMF Program. Mayor Brinley stressed that she was concerned that the City was covered legally under the program. Mayor Pro Tem Schiffner indicated that this item had been under consideration for a long time; and he was going to fall back on one of his old methods of making a decision. He commented that it was seldom question of a good decision, but it was often necessary to choose from several bad decisions. He indicated he would like to say he was happy to prove it, but he was not. He advised that he would support approval because the City would continue to receive Measure A funds, and explained that Measure A was the 1/z cent additional sales tax approved for highways. He stressed the desperate need for additional infrastructure in the western part of the County. He indicated that the best choice was to go along with the program and pass the ordinance, as it was the best of two bad propositions. Councilwoman Kelley commented that this issue had been discussed for several years and was intended to provide construction funds for major transportation and integration of the transportation corridors. She noted that after all these years, she would have expected a concrete solid agreement without legal loopholes and legal exposure. She indicated that it would also put funds into the habitat when the fees are not known. She further indicated that it was appalling that the document presented was so shaky and Page Twenty-Five - City Council Minutes - Apri18, 2003 ambiguous. She stressed the inequities of the plan, and expressed concern with the political nature of the prioritization of the projects. She further expressed concern that the City would stand to loose over $30 million in Measure A dollars. She indicated that while she was having a difficult time with this program, the wrong decision could impact cooperation on any other projects within the County. Mayor Brinley questioned Mr. Bishop on the zones and the representation by the Board of Supervisors. Mr. Bishop indicated that this had been asked before and noted the structure within the Administrative Plan. He explained that the WRCOG structure would still be utilized including the Executive Committee, the City Manager's Technical Advisory Committee and the City Engineers Committee. He indicated that the plan was silent on the process for each of the zones to prioritize the projects. Mayor Brinley expressed concern for which Supervisor would participate within the zone. She stressed the political situation it would present. City Manager Watenpaugh reiterated that the plan was silent on the zones, so the group would have to sit down and discuss it. Councilwoman Kelley questioned the concerns expressed by the City Attarney. Mr. Bishop clarified the application of fees. He also clarified that the expenditures outside the zone, were a recommendation from the TUMF Policy Committee. He indicated thaYwith regard to the proposed indemnification, he would be happy to participate in a meeting with the City Attorney and WRCOG Legal Counsel to find a resolution. Councilman Hickman indicated that this process had been an education for him, and expressed concern with the ambiguities. Mayor Brinley asked the City Attorney about meeting with Mr. Bishop on the Ordinance and inquired about the rider for the ordinance. Page Twenty-Six - City Council Minutes -April S, 2003 Councilwoman Kelley indicated that she would prefer to have the rider. Mayor Brinley expressed concern with approving something that no one thoroughly agreed on. She stressed the need far a legal comfort level, particularly when the Measure A money was at stake. City Manager Watenpaugh noted the Council's concerns and indicated that the most flexibility would be to adopt the Ordinance as corrected, with a rider regarding the concerns. He expressed his concerns for expenditures outside the zone and suggested that it could be included in the rider. He suggested that the rider would retain flexibility down the road. Mayor Brinley noted that two readings would be required, so if it was approved with a rider it could be added to the Ordinance. City Attorney Leibold indicated that she was not sure the issues would be resolved within that time frame. She indicated that she was willing to work with Mr. Bishop to address the concerns. City Attorney Leibold clarified that the Council's intent was to adopt the proposed ordinance, which parallels the Ordinance adopted by the County, with the only changes being those proposed by Mr. Brady on Industrial/Retail projects, and the inclusion of the definition of Administrative Plan to mean the one dated March, 2003 and adopted on Apri17`h, by the Executive Committee. She further clarified that she would bring a rider for review at the second reading. She noted the issue of the WRCOG deadline, which required that the Ordinance be in effect not later than June lst, so it could not be extended beyond the meeting of Apri122na MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1096, UPON FIRST READING BY TITLE ONLY, AS MODIFIED; AND DIRECTED STAFF TO PREPARE A RIDER COVERING THE QUESTIONS RETTERATED AT THIS MEETING: Page Twenty-Seven - City Council Minutes -Apri18, 2003 ORDINANCE N0.1096 AN ORDINANCE OF THE CITY OF LAKE ELSINORE AUTHORIZING PARTICIPATION IN THE WESTERN RIVERSIDE COUNTY TRANSPORTATION UNIFORM MITIGATION FEE PROGRAM AND ADDING CHAPTER 16.83 TO THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Brinley stressed that there would be a second consideration of this item. City Attorney Leibold commented on the MSHCP and reminded the Council that it was an independent program which would still allow full discretion on participation; however there would again be the risk of forfeiting Measure A funds for non-participation. She clarified that approval of the TLJMF did not constitute approval of the MSHCP. Mayor Brinley thanked Mr. Bishop for his attendance at this meeting and closed the public hearing at 9:05 p.m. Page Twenty-Eight - City Council Minutes - April 8, 2003 BUSINESS ITEMS 31. Residential Project No. 2003-01, Design Review of Proposed Lake Elsinore Triplex Project - RaeBrooke Homes. (F:138.2) City Manager Watenpaugh introduced this item and noted the displays. Community Development Director Brady explained that this was a request for development of 54 units in triplexes on 181ots, east of Machado. He noted that the Planning Commission had approved a variance with regard to minor deviations to the lot sizes. He further noted that the surrounding area was currently developed with fourplexes, and these units would range in size from 1,891 to 2,278 square feet. He advised that the project would include street improvements, which would help with the drainage issues in the area. He noted the need for a correction of the condition with regard to the Crime Free Multi-Housing Program. Ellen Michel, Senior Planner for RaeBrooke Homes, indicated that she was present to answer questions, and thanked staff for their assistance. She indicated that this was a rental project with reduced density from the original proposal far the site. She advised that the Construction Manager was also present to answer questions. Mayor Pro Tem Schiffner commented that this looked like a good development and he was happy to see it move forward. Councilman Hickman concurred that the project was nice looking and he liked the size of the units. Councilwoman Kelley indicated that she too was pleased with the design and the landscaped divider at the entry. She concurred that the unit sizes were very nice and questioned the monthly rental fees. Ms. Michel indicated that Page Twenty-Nine - City Council Minutes - Apri18, 2003 the standard market was between $1,000 and $1,200 a month, however these units were larger. She further indicated that the current rate for a three bedroom was about $1,400 a month, and the prices would be somewhere in that area. Councilwoman Kelley noted that the entire complex would be owned by one owner and she was delighted to see that. She noted that if the owner decided to sell he would have to establish a Homeowners Association. She noted that the complex would have to be a member of the Crime Free Multi-Housing Program. Councilman Buckley questioned the design components with the doorways. Ms. Michel clarified the design components of the front and rear elevations. Councilman Buckley commented that the project would fit well with the neighborhood. He indicated that he had checked on the rents as they seemed high, but a couple of real estate people said they could rent them at those rates almost instantaneously. Mayor Brinley indicated that she had no problem with this project and noted that it appeared to be big and spacious. She also noted that she liked the landscaping and felt the project would conform to the area. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESIDENTIAL PROJECT NO. 2003- Ol, DESIGN REVIEW OF THE PROPOSED LAKE ELSINORE TRIPLEX PROJECT, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS Residential Pro_ject No. 2003-O1 Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. Page Thirty - City Council Minutes - Apri18, 2003 2. The project complies with the Goals, Objectives and Policies of the City General Plan and Zoning Code. 3. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Zoning Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the project to ensure development of the property in accordance with the City General Plan, Municipal Code, and Zoning Code. Variance No. 2003-O1 L That adequate conditions and safeguards pursuant to Section 17.76.050 have been incorporated into the approval of the Variance to insure development of the property in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located; 2. That there are special circumstances, pursuant to the purpose of this Chapter, applicable to the subject property which do not apply generally to other properties in the neighborhood, and therefare, granting of the Variance shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located; 3. That in approving the Variance, any reductions authorized from the strict interpretation of the Zoning Code represents the minimum deviation from the Code necessary to fulfill the purpose of this Chapter and enable reasonable development of the property. Page Thirty-One - City Council Minutes - Apri18, 2003 CONDITIONS OF APPROVAL PLANNING DIVISION 1. Design Review approval for Residential Project No. 2003-01 will lapse and be void unless building permits are issued within one year of City Council approval. An extension of time, up to one year per extension, may be granted by the Community Development Director priar to the expiration of the initial Design Review approval upon application by the developer one month prior to expiration. Variance No. 2003-01 approval shall remain in perpetuity. 2. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 3. All site improvements 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 discretion of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the elevations and materials submittal shall be used unless modified by these conditions, or the applicant with approval by the Community Development Director or his designee. 5. Prior to issuance of any building permits, the applicant shall sign and complete an"Acknowledgement of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 6. Future site plotting and construction shall comply with the setback and other appropriate standards and requirements of the City Zoning and Municipal Codes. Page Thirty-Two - City Council Minutes - April 8, 2003 7. Applicant shall prepare CC & Rs for the proposed triplex complex subject to City review. 8. Applicant shall establish a Property Management Association which shall maintain the proposed triplex complex and enforce provisions contained in the CC & Rs. If the triplex units are sold in fee, the applicant shall establish a Homeowner's Association (HOA) to maintain the project and enforce provisions contained in the CC & Rs. Said HOA shall file articles of incorporation, as appropriate. This condition shall be recorded against the property and shall be incorporated into any title report, prior to certificate of occupancy. 9. Applicant shall prepare a Wall and Fencing Plan for the entire proposed project in compliance with the fencing standards within the Zoning Code Section 17.14.130.D prior to issuance of any building permit subject to the approval of the Community Development Director or designee. Said plan shall address the following: • Describe the design of perimeter decorative block walls which will be provided along the northern and eastern boundaries of the project site. • The applicant shall replace those perimeter wood fences that exist along the northern, western, southern and eastern boundaries. Double walls will not be permitted. As appropriate, the applicant shall meet with each affected neighboring resident to resolve this issue. lO.The building addresses (in numerals atleast four inches high) shall be displayed near the entrance and easily visible from the front of the unit and public right- of-way. The applicant shall obtain street addresses for all production lots prior to issuance of building permit. 11.Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with Page Thirty-Three - City Council Minutes - April 8, 2003 the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. 12.Applicant shall comply with all applicable City Codes and Ordinances. 13.Applicant shall participate in the City's Multi-family Maintenance Program. 14.A cash bond of $1,000.00 shall be required for any construction trailers used during construction Bonds will be released after removal of trailers subject to the approval of the Community Development Director or Designee. 15.Applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permit. 16.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). The applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 17.A11 mechanical and electrical equipment on the building shall be ground mounted. All outdoor ground or wall mounted utility equipment shall be consolidated in a central location and architecturally screened along with substantial landscaping subject to the approval of the Community Development Director, prior to issuance of building permit. 18.A11 front yards and side yards on corner lots shall be properly landscaped with automatic (manual or electric) irrigation system to provide 100 percent plant and grass coverage using a combination of drip and conventional irrigation methods. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee. A Landscape Plan check fee will be charged prior to final landscape approval based on the Consultant's fee plus 40 percent. Page Thirty-Four - City Council Minutes - Apri18, 2003 • Applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 15 gallons in size. • Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. • 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 with a 100 percent Faithful Performance Bond for materials and labor for two years from Certificate of Occupancy. • All landscaping and irrigation shall be installed within an affected portion of any phase at the time a certificate of occupancy is requested for any building. • The Final landscape plan shall be consistent with any approved site and/or plot plan. • The Final landscape plan shall include planting and irrigation details. 19.Garages shall be constructed to provide a minimum of 9'-6" x 19'-6" of interiar clear space for two cars for a total interior clear space of 19'-6" x 19'-6". 20.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. 21.Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. Page Thirty-Five - City Council Minutes - April 8, 2003 22.Applicant shall meet all applicable City Codes and Ordinances including State handicap requirements. 23.Applicant shall meet all Riverside County Fire and Police Department requirements. 24.No outdoor storage shall be allowed for any of the units. 25.Trash enclosures shall include a trellis feature and shall be constructed per City standards as approved by the Community Development Director ar designee, prior to issuance of Certificate of Occupancy. 26.Applicant shall use roofing materials with Class "A" fire rating. 27.A11 exposed slopes in excess of three feet in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 28.The project shall connect to sewer and meet all requirements of the Elsinore Valley Municipal Water District (EVMWD). Applicant shall submit water and sewer plans to the EVMWD and shall incorporate all district conditions and standards. 29.Planning Division shall approve all trailers utilized during construction. Appropriate bonds shall be posted to insure removal of all trailers at development completion. 30.On-site surface drainage shall not cross sidewalks. 31.Applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or Designee. Page Thirty-Six - City Council Minutes - Apri18, 2003 32.The applicant shall annex the project into the City's Landscape and Lighting District. 33.A11 perimeter fences shall be six feet high. ENGINEERING DIVISION 34.A11 Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 35.Applicant shall pay all Capital Improvement and Plan Check fees (LEMC 1634, Res. 85-26). The traffic mitigation fee is $45,252.00 and the drainage fee $30,537.00. 36.Applicant shall 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 applying for a building permit. 37.Applicant shall construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 38.Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 39.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approvaL Page Thirty-Seven - City Council Minutes -Apri18, 2003 40.If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 41.Existing curb and gutter that is damaged shall be removed and replaced. Existing Woodcrest Drive and Parkview Place pavement shall be capped prior to completion of the construction of the tract. 42.Construction traffic shall use Woodcrest Drive for all access and deliveries. 43.Applicant shall furnish a signing and striping plan for Woodcrest Dr. and Parkview Place, subject to the approval of the City Engineer. 44.Applicant shall pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off-site public works improvements (LEMC12.08, Res.83-78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 45.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 off-site improvements will be scheduled and approved. 46.Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading permit issuance. 47.Applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped bya Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as detertnined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is Page Thirty-Eight - City Council Minutes - April 8, 2003 not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 48.Applicant shall provide erosion control measures as part of their grading plan. The applicant shall 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. 49.Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. SO.Applicant shall provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. S 1.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 52.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 53.An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 54.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. SS.On-site 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. The outlet drainage channel shall be designed to mitigate any erosion downstream. Page Thirty-Nine - City Council Minutes -April 8, 2003 56.A11 natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 57.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roofs should drain to a landscaped area whenever feasible. 58.Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Applicant shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 59.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. When either of these criteria is exceeded, drainage facilities shall be installed. 60.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 61.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. 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 stormwater quality and Page Forty - City Council Minutes - Apri18, 2003 met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 64.In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. far 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. 32. Collier Avenue Gas Line Extension. (F:150.2)(X:170.4) City Manager Watenpaugh introduced this item. Assistant City Manager Best explained that this approval would allow for the addition of a natural gas line along Collier Avenue, from Hunco to Nichols Road. She explained that it would allow for eateries at the Outlet Center and be of great benefit to the nearby industrial areas. She reminded Council that in September, 2002 staff was authorized to negotiate with the Outlet Center and the Gas Company. She advised that the project was estimated to cost up to $118,600, depending on the Caltrans requirements and the Right- of-Way requirements. She further advised that Castle and Cooke had indicated that they would be willing to front $70,000 for the project with the City fronting the balance. She explained that this money would be made up to the City and the Outlet Center from sales taxes and Gas Company allowances; and noted the potential for increased sales due to the increased food and beverage sales. She indicated that this program would not include any type of rebate for businesses connecting to the gas line. Councilman Hickman suggested that this should have been done when the Outlet Center was first built. He indicated that his first thought was that this was a cost of doing business, but it would enable other businesses in the area to tap in, so with the willingness of the Outlet Center to participate, he was in support. He commented that this would be a worthwhile project. Page Forty-One - City Council Minutes - April 8, 2003 Mayor Pro Tem Schiffner indicated that when this item first came up, he thought it was a good idea, even if the City paid for all of the costs. He stressed the benefits of additional businesses, the possibility of new restaurants and the ability for the Service Station on the corner to utilize their existing improvements. He commented that the possibility of getting reimbursed, made it an even better deal, and expressed his support. Councilman Buckley indicated that he had no problem warking with businesses to improve infrastructure, if there was joint participation from future revenues. He commented that the Outlet Mall would front $70,000, but it would go back to them at some point, which made him nervous. He indicated that he would not have a problem if the money was put in jointly and the Outlet got a percentage of the increase in sales tax; but at this point all of the risk would be on the City and he could not support it. Councilwoman Kelley indicated that she felt this project was long overdue. Mayor Brinley indicated that she had not problem with this project, as the Outlet Center produced over $800,000 for the City and this would help them create more. She noted that over 3 million people shopped at the Outlet Center every year, and they had been a great business participant with the City and the community. She stressed that this was necessary due to a change in the marketing strategy for Outlet Malls, since this one had been built in 1987-88. She reiterated that restaurants were now necessary to allow them to compete in the marketplace. She expressed her support far the project. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1, WITH BUCKLEY CASTING THE DISSENTING VOTE, TO AUTHORIZE FUNDS FOR THE PROJECT FROM UNALLOCATED REVENUES, AND DIRECTED STAFF AND THE CITY ATTORNEY TO FINALIZE THE LANGUAGE OF THE AGREEMENT WITH THE OUTLET CENTER FOR EXECUTION BY THE MAYOR. Page Forty-Two - City Council Minutes - April 8, 2003 THE CTTY COUNCIL MEETING WAS RECESSED AT 9:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:27 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Steve Slack, 15325 Regatta, announced that the League had been chosen to host the District All Stars Tournament. He thanked Council and City staff for their cooperation to get the fields into shape. He noted that most facilities could not host such a tournament; and noted that the work on the fields was paying of£ He advised that the Tournament would run from July 1 S` to either July 10"' or 12"'. Lt. Col. Paula Graver, 218 Ellis Street, addressed the general public and encouraged flying the American flag. She noted the participation in last weekend's rally, and thanked Mayor Pro Tem Schiffner for attending. She suggested that the rest of the Council should have attended, and expressed embarrassment for those who did not attend. She indicated that their absence did not go unnoticed and offered them another chance to participate at Four Corners on the upcoming weekend. She encouraged participation by the City Council. Bill Tucker, 740 Acacia, noted "Whiskers" third birthday on March 28~h. He advised that he was approached by someone willing to put up money to rebuild Elsie, which he felt would be good. He indicated that he was behind the troops 1,000 percent, but was irked because the government could not provide them with personal items such as razors and toothbrushes. He expressed interest in starting a campaign to get behind troops, and indicated that he would place a container in his store if people wanted to donate items for the troops. CITY MANAGER COMMENTS City Manager Watenpaugh congratulated the City on its Birthday. Page Forty-Three - City Council Minutes - Apri18, 2003 CITY ATTORNEY COMMENTS City Attorney Leibold wished the City a Happy Birthday. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Indicated that potholes and shopping carts should be reported to Bill Payne at 674-5170. 2) Noted that his in-laws were in town. 3) Wished the City a Happy Birthday. Councilman Buckley commented on the following: 1) Suggested that a concerted effort of the cities to the north was underway to gain approval of the "northern" or "lake mathews" route as the cross-County corridor. He suggested that the southern area should get more organized and work on joint lobbying efforts since the southern route would be cheaper and result in less environmental damage than the northern route. He suggested bringing the matter back for the next meeting so the City Managers could discuss a more formal proposal. 2) Addressed meeting processes and indicated that Council meetings should be working meetings and not stage plays. He noted that earlier Page Forty-Four - City Council Minutes - April 8, 2003 in the meeting he was trying to get more information and the meeting could have continued. 3) Noted the gentleman who was irritated about no prayer, and asked to sit down, and expressed the difficulty of the issues. He noted the potential litigation from both sides and noted that there were people on both sides. He indicated in his opinion he would rather defend the City in a lawsuit by the ACLU, than the group who wanted to pray at meetings. Mayor Pro Tem Schiffner commented on the following: 1) Expressed hopes that Mr. Tucker was not blaming the City for no razors for the troops. He further expressed hopes that the City was backing them as much as was possible. He noted that the Mayor would be reading the names of the troops submitted at the Mayor's Prayer Breakfast, and indicated that Council was hoping to send something to honor the young lady who was such a hero. Councilwoman Kelley had no comments. Mayor Brinley commented on the following: 1) Reiterated that she was looking for the names of troops serving the United States in Iraq. She recommended that people call 674-3124 ext. 204, with the names, ranks, and branches of the service. She noted that this was an emotional time, as was the time when she and Mrs. Kelley had husbands serving during unpopular war times. She noted that members of her family were currently serving in the armed forces and stressed her support for the families of the troops. She prayed for the safe return of the troops and far the families who have lost loved ones. Page Forty-Five - City Council Minutes - April 8, 2003 2) Announced the following upcoming Events: * April 12"', Walk the Dog, Walk-a-Thon sponsored by Animal Friends of the Valley, ca11833-4335 for information. * April 15~", Neighborhood Pride Program Application Deadline, ca11674-3124 ext. 265 for information. * April 19`t', Children's Fair and Egg Hunt at McVicker Park at 10 a.m. for the Egg Hunt, call 574-3124, ext. 265 for information. * April 12`h and 13`h , Support the Troops Rally at Four Corners. She encouraged participation in all of the events. ADJOURNMENT City Attorney Leibold requested that this meeting be adjourned to April 15~` at 4 p.m., at the Cultural Center to include both the City Council and the Redevelopment Agency. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:45 P.M. ATTEST: ~AD CMC ITY ~ ~ CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE