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HomeMy WebLinkAbout07-09-2013 CC MinutesMINUTES CITY COUNCIL REGULAR MEETING CITY OF LAKE ELSINORE EVMWD BOARDROOM, 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 9, 2013 ................................................................................... .............................., CALL TO ORDER 5:00 P.M. — City Hall 130 S. Main St., Lake Elsinore, CA The Mayor called the meeting to order at 5:00 p.m. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tern Johnson Council Member Hickman Council Member Manos Council Member Tisdale Also present: City Attorney Leibold, City Manager Yates, Administrative Services Director Riley, and City Clerk Bloom. PUBLIC COMMENT None CITY COUNCIL CLOSED SESSION (1A) CONFERENCE WITH LABOR NEGOTIATOR (Gov't Code Section 54957.6) City Negotiator: City Manager Grant Yates and Administrative Services Director James Riley Employee Organization: Lake Elsinore Chapter of Laborer's International Union of North America, Local 777 City Attorney Leibold announced that the City Council would be meeting in Closed Session to discuss Agenda Item No. (1A). The City Council recessed to Closed Session at 5:01 p.m. SUCCESSOR AGENCY None Regular City Council Minutes Meeting of July 9, 2013 Page 2 of 15 CALL TO ORDER - 7:00 P.M. — EVMWD Boardroom, 31315 Chaney St., Lake Elsinore Mayor Magee called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Pro Tem Johnson led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Magee Mayor Pro Tem Johnson Council Member Hickman Council Member Manos Council Member Tisdale Also present: City Manager Yates, City Attorney Leibold, City Clerk Bloom, Administrative Services Director Riley, Community Development Director Taylor, Acting Planning Manager MacHott, Lake, Parks, and Recreation Director Kilroy, Public Works Director Seumalo, Police Chief Kennedy- Smith, Fire Chief Barr, and Deputy City Clerk Gutierrez. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session to discuss Agenda Item No. (1A) and that there was no reportable action taken. PRESENTATIONS / CEREMONIALS • Presentation by the Riverside County EDA -Office of Foreign Trade of the United States Trade and Development Agreement • Introduction of two new Motor Police Officers Police Chief Kennedy -Smith introduced the Full- Service Motor Traffic Unit for the City of Lake Elsinore: Sergeant Ginnakakos, Deputy Bryan, Deputy Hansen, Deputy Irvine (not present), and Deputy Sinz. Foreign Trade Commissioner Tom Freeman of the Riverside County EDA provided an overview to Council and presented the City with the United States Trade and Development Agreement. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 1 MINUTE None Mayor Magee announced requests to pull Agenda Item Nos. 5 and 6; therefore, those two items were pulled from the Consent Calendar for discussion. Regular City Council Minutes Meeting of July 9, 2013 CONSENT CALENDAR (2) Approval of Minutes Page 3 of 15 Recommendation: It is recommended that the City Council approve the Minutes of the Regular City Council Meeting of June 25, 2013. (3) Warrant List dated June 27, 2013 Recommendation: It is recommended that the City Council receive and file the Warrant list dated June 27, 2013. (4) Resolutions Confirming Fiscal Year 2013 -14 Special Taxes and Assessments for: CFD 88 -3 (WEST LAKE ELSINORE PUBLIC IMPROVEMENTS) CFD 95 -1 (LAKE ELSINORE CITY CENTER PUBLIC IMPROVEMENTS) CFD 98 -1 (SUMMERHILL PUBLIC IMPROVEMENTS) CFD 2003 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CFD 2003 -2 (CANYON HILLS) CFD 2004 -3 (ROSETTA CANYON) CFD 2005 -1 (SERENITY) CFD 2005 -2 (ALBERHILL RANCH) CFD 2005 -4 (LAKEVIEW VILLAS) CFD 2005 -5 (VILLAGES AT WASSON CANYON) CFD 2005 -6 (CITY CENTER TOWNHOMES) CFD 2006 -1 (SUMMERLY) CFD 2006 -2 (VISCAYA) CFD 2006 -3 (LA STRADA) CFD 2006 -4 (TRACTS 30698 AND 32129) CFD 2006 -5 (PARKS, OPEN SPACE AND STORM DRAIN MAINTENANCE) CFD 2006 -8 (RUNNING DEER ESTATES) CFD 2007 -1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CFD 2007 -4 (MAKENNA COURT) CFD 2007 -5 (RED KITE) CFD 2007 -6 (HOLIDAY INN EXPRESS) CFD 2009 -1 (PARKS, OPEN SPACE AND STREET LIGHTING MAINTENANCE) AD 86 -1 R (NORTHWEST SEWER) AD 90 -1A (SUMMERHILL PUBLIC IMPROVEMENTS) AD 93 -1 (COTTONWOOD HILLS) Recommendation: It is recommended that City Council adopt Resolution No. 2013- 035 and Resolution No. 2013 -036 requesting the Tax Collector of the County of Riverside to place special taxes on the bills of certain properties within the Community Facilities Districts and Assessment Districts. Regular City Council Minutes Page 4 of 15 Meeting of July 9, 2013 (7) Notice of Completion for Hunco Way Pavement Overlay Project No. 4408 Recommendation: It is recommended that the City Council: A) Accept the improvements into the City Maintained System; B) Approve Final Contract Change Order No. 3 in the amount of - $9,116.15; C) Direct Staff to File the Notice of Completion with the County Recorder; and D) Direct Staff to Release all retention monies 35 days after the filing of the Notice of Completion. (8) Professional Engineering Services: Rusty Beardsley — Traffic Engineer Contract Recommendation: It is recommended that the City Council approve the contract with Rusty Beardsley to perform duties as the City's Traffic Engineer. (9) Professional Services Agreement with Wallace and Associates to Provide Project Management and Public Works Inspection Services Recommendation: It is recommended that the City Council approve the agreement with Wallace and Associates to provide project management and inspection services for the City of Lake Elsinore for a term of three (3) years pending successful annual reviews by City staff. Motion by Council Member Tisdale, seconded by Council Member Manos, to approve the Consent Calendar, less Agenda Item Nos. 5 and 6, passed by unanimous vote. CONSENT ITEMS PULLED (5) Bid Award — Construction of Machado Park Picnic Shelter Improvements Recommendation: It is recommended that the City Council award the bid for the Machado Park Picnic Shelter Improvement Project to Real Estate Resource Services in the amount of $25,500 and authorize the City Manager to execute the contract documents. Mayor Pro Tenn Johnson asked why Whitehorn Construction was not given local preference for the award of bid. Lake, Parks, and Recreation Director Kilroy responded that the project is financed with the Community Development Block Grant Funds and requires awarding the bid to the lowest responsible bidder. Motion by Council Member Manos, seconded by Council Member Tisdale, to award the bid for the Machado Park Picnic Shelter Improvement Project to Real Estate Resource Services in the amount of $25,500 and authorize the City Manager to execute the contract documents, passed by unanimous vote. (6) First Extension of Time for Tentative Tract Map No. 33725 Recommendation: It is recommended that the City Council adopt Resolution No. 2013 -037 A Resolution of the City Council of the City of Lake Elsinore, California, Approving a Three -Year Extension of Time to September 26, 2016, for Tentative Tract Map No. 33725. Regular City Council Minutes Page 5 of 15 Meeting of July 9, 2013 Council Member Hickman announced that he has a small investment interest in the entity that owns the property and that in order to avoid any appearance of a conflict of interest he would not participate in this item. Council Member Hickman stepped away from the dais. Motion by Council Member Manos, seconded by Council Member Tisdale, to adopt Resolution No. 2013 -037 a Resolution of the City Council of the City of Lake Elsinore, California, Approving a Three -Year Extension of Time to September 26, 2016, for Tentative Tract Map No. 33725, passed 4 -0 -0 with Council Member Hickman absent for this vote. Council Member Hickman returned to the dais. PUBLIC HEARING(S) (10) Public Hearing on the Citywide Landscaping and Street Lighting District and the Landscaping & Street Lighting Maintenance District No. 1 for Fiscal Year 2013 -14 Recommendations: It is recommended that the City Council: A) Open the public hearing and take testimony related to the Citywide Landscaping & Street Lighting District ( "Citywide LLMD ") and Landscaping & Street Lighting Maintenance District No. 1 ( "LLMD No. 1 ") annual assessments; B) Close the public hearing; C) Adopt Resolution No. 2013 -038 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2013 -14 for the Citywide LLMD; and D) Adopt Resolution No. 2013 -039 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2013 -14 for the LLMD No. 1. Mayor Magee opened the Public Hearing at 7:18 p.m. Administrative Services Director Riley provided an overview of the City Council. City Clerk Bloom announced that the Notice was published in a local newspaper. Mayor Magee called for public comments; however, no public comments were received. Mayor Magee closed the Public Hearing at 7:21 p.m. Council Member Manos asked for clarification of the reserves under the Street Lighting Operations and Maintenance in District 11. Jennifer White of Francisco and Associates explained that the Landscape and Lighting Act allows the City to carry 50% reserves to get it from July 1st until the City receives the actual money in December. She added that the City can also carry a range of reserves for capital replacement, which is why each zone has a different level of reserves. In some zones the development has not yet been turned over to the City for public maintenance. Regular City Council Minutes Page 6 of 15 Meeting of July 9, 2013 Motion by Council Member Hickman, seconded by Council Member Manos, to adopt Resolution No. 2013 -038 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2013 -14 for the Citywide LLMD, passed by unanimous vote. Motion by Council Member Manos, seconded by Council Member Hickman, to adopt Resolution No. 2013 -039 confirming a diagram and assessment and providing for annual assessment levy after formation of a district for Fiscal Year 2013 -14 for the LLMD No. 1, passed by unanimous vote. (11) Tentative Parcel Map No 36551 - A Request to Subdivide 1721 Acres of M -1 (Limited Manufacturing) Zoned Land Into Nine (9) Individual Parcels Pursuant to The Requirements of Section 16 "Subdivisions" of the Lake Elsinore Municipal Code (LEMC) and the California Subdivision Map Act (CSMA) for Property Generally Located on the North Side of the Lake Elsinore Outlet Channel Between 3` and Chaney Streets Recommendation: It is recommended that the City Council adopt Resolution No. 2013 -040 a Resolution of the City Council of the City of Lake Elsinore Approving Tentative Parcel Map No. 36551, based on the findings, exhibits and conditions of approval attached to this Staff Report. Planning Manager MacHott provided an overview to Council. Motion by Council Member Tisdale, seconded by Council Member Manos, to adopt Resolution No. 2013 -040. Mayor Magee opened the Public Hearing at 7:25 p.m. Paul Wagner, business owner, expressed his concerns regarding traffic flow from 3`d and Chaney Streets onto Birch Street. Public Works Director Seumalo addressed the traffic study indicating that there are three locations for access to help with the flow of traffic. Mayor Magee asked if those improvements are phased through the life of the development and only being charged to this development not to the other property owners. Director Seumalo confirmed. Mayor Magee called for public comments; however, no further public comments were received. Mayor Magee closed the Public Hearing at 7:33 p.m. The motion to adopt Resolution No. 2013 -040, passed by unanimous vote. Regular City Council Minutes Meeting of July 9, 2013 Page 7 of 15 (12) Specific Plan Amendment No 2013 -01 — The Fourth Amendment to the Lake Elsinore Outlet Center Specific Plan Which Proposes to Demolish Two Buildings Address On -Site Circulation Issues Update and Add Signage and Add Site Amenities Such as Outdoor Living Rooms Furnishings Water Features and Fireplaces. Uniform Sign Program No 2013 -02 — For the Lake Elsinore Outlet Center Proposing to Amend the Signage Guidelines and Standards to Include the Addition of a Super Graphics Wall Along the Freeway Side of the Project as well as Add Graphic Panels and Banners to Existing Buildings Within the Outlet Center. The Project Site is Generally Located on the East Side of Collier Avenue Approximately 600 Linear Feet South of Nichols Road (APN'S: 389 - 210 -063 064 & 066). Environmental Clearance for the Project is Provided by the Final EIR for the Lake Elsinore Outlet Center Specific Plan in Conformance with the California Environmental Quality Act C{ EQA). Recommendation: It is recommended that the City Council: A) Waive further reading and introduce by title only Ordinance No. 2013 -1314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING SPECIFIC PLAN AMENDMENT NO. 2013 -01, AMENDMENT NO. 4 TO THE LAKE ELSINORE OUTLET CENTER SPECIFIC PLAN, by roll call vote; and B) Adopt Resolution No. 2013 -041 A Resolution of the City Council of the City of Lake Elsinore Approving Uniform Sign Program No. 2013 -02 for the Lake Elsinore Outlet Center proposing to amend the signage guidelines and standards consistent with the Fourth Amendment to the Lake Elsinore Outlet Center Specific Plan No. 2013 -01 to include the addition of a super graphics wall along the freeway side of the project as well as add graphic panels and banners to existing buildings within the Outlet Center and associated improvements based on the Findings and Exhibits, and subject to the proposed Conditions of Approval. Mayor Magee opened the Public Hearing at 7:34 p.m. Community Development Director Taylor provided an overview to Council. Grace Sandlin spoke on behalf of Studio 395 stating they are excited about the proposed project and in support of the sign ordinance. Michael Gardner, applicant, thanked City Manager Yates and staff for assisting with the application process. Mr. Gardner provided an overview the benefits of the proposed project to Council. Mark Tweet, project designer, presented an overview of the project design and graphics concept to Council. Mayor Magee called for public comments; however, no public comments were received. Mayor Magee closed the Public Hearing at 8:00 p.m. Regular City Council Minutes Page 8 of 15 Meeting of July 9, 2013 Mayor Pro Tern Johnson expressed that she likes the design and architecture concept; however, had concerns with the quality of the signs facing Collier Avenue. Mr. Gardner responded that they are in favor of Council setting restrictions and limits on advertising that is offensive or controversial. Mayor Pro Tem Johnson stated that she would be comfortable supporting this proposal if she could ensure to the community that those signs will never have anything obscene. She asked the applicant if they are willing to self - regulate the advertising and recommended a periodic review between the City and the Outlet Center owner. Mr. Gardner replied in the affirmative. Council Member Manos stated that the Outlet Center has enormous potential. He offered that AQMD has grants available to provide car charging stations in parking lot structures for electric cars. Mr. Gardner responded that they are in favor of anything that helps the environment and gives back to the community. Council Member Manos requested a condition of approval that future costs of any median modification associated with future development of the Outlet Center be carried by the applicant. He also noticed the banners hanging off the posts were long and sagging. He stated that he is concerned that the long vinyl graphic signs would melt in the sun. Mr. Gardner explained that those banners are test banners to see how they hold up against the elements. Council Member Manos asked how many signs will be facing Collier Avenue and how many of those sign are slated for off -site signage. Mr. Gardner responded that these are 10 signs with none slated for off - site signage at this time. Council Member Manos stated that his concern is that the off -site signage becomes a billboard that faces Collier Avenue. He asked if there is some sort of mechanism that could be implemented to review the off -site versus on -site signage upon transfer of the property or place a limitation of percentage of the signs to be off -site. City Attorney Leibold stated that the percentage of off -site signage can be limited within all or any of the components of the Sign Program. The City could provide for a periodic review by staff with the opportunity to refer the review to the Planning Commission or City Council if there is some concern and /or recommendation for modification. Council Member Manos inquired if the City could place any type of restriction on the content. City Attorney Leibold indicated that regulation should be content - neutral, but that a periodic review or a restriction of the percentage of off -site signage would be permissible. Council Member Hickman indicated that he appreciated the design concept; however, he understood his colleagues concerns but was certain that the applicant would take the appropriate measures to make this project successful. Council Member Tisdale asked Mr. Gardner what they were going to do to bring back retailers. Mr. Gardner explained that a huge component in attracting tenants is the sales per square foot. However, the numbers have been going in the wrong directions as it is tough to attract tenants. He offered that they have met with tenants to try and sell the redevelopment of the Outlet Center. Mayor Magee stated that the project and investment look exciting. He asked Community Development Director Taylor if there will be a Certificate of Occupancy, in order to make the applicant comply. Mayor Magee asked what kind of hook the City has in case something goes wrong. Community Development Director Taylor responded that generally the hooks are associated with the building development. Mayor Magee asked for an understanding of the limits for paving, grading, and landscaping for the improvements Regular City Council Minutes Page 9 of 15 Meeting of July 9, 2013 proposed at the south end of the outlet center. Development Director Taylor responded in the affirmative. Mayor Magee addressed the sign codes and stated that he liked the idea of a periodic review of the signs. He also stated that staff needs to craft something that allows minimum intrusion but maximum enforcement, at the Community Development Director level that would allow for the review to be elevated if any significant concerns arose. Mayor Magee stated the proposed signage program is massive and that the City already has had a particular sign regulation for many years. He offered that the City has to recognize that the rest of the businesses in town will want similar consideration. Mayor Magee stated that the City is investing on the median and asked the applicant if they are willing to assist with investing on the improvement of the median. Mr. Gardner responded that they have invested $4 to $5 million dollars into this project which will benefit them as well as the community and did not feel like they could invest more money on an existing road that should have been a City improvement. Mayor Magee asked Mr. Gardner to keep an open mind as they come back for the entitlement for the other 40,000 square foot building and perhaps they could revisit that discussion at that time. Mr. Gardner responded in the affirmative. Mayor Pro Tern Johnson stated she is aware that they will hear from other businesses in the City, but there is a significant difference in the specific plans, and it is important to put safeguards in place to protect the community. She said she is looking forward to supporting this project. Mayor Magee suggested additions to the proposed Conditions of Approval; the first addition to be a phasing plan to be submitted to the Community Development Director that shows the limits of the improvements and the timing so that he has that tool. The second addition is that the signs and amenities be subject to periodic review by the Community Development Director and may be elevated to the Planning Commission and /or the City Council if deemed appropriate. Motion by Mayor Pro Tern Johnson, seconded by Council Member Tisdale, to adopt Resolution No. 2013 -041 with the provisions to submit a phasing plan to the Community Development Director and to implement periodic reviews for the signs and amenities by the Community Development Director, which may be elevated to the Planning Commission and /or City Council. Motion by Council Member Tisdale, seconded by Council Member Manos, to waive further reading and introduce by title only ORDINANCE NO. 2013 -1314. Council Member Tisdale read ORDINANCE NO. 2013 -1314 by title. Upon a roll -call vote, the motion passed unanimously. Mayor Magee called for the vote of Resolution No. 2013 -041 which was approved by unanimous vote. Regular City Council Minutes Meeting of July 9, 2013 Page 10 of 15 (13) Commercial Design Review No 2013 -02 and Zone Change No. 2013 -03 — A Request for the Construction of a New 7- Eleven Convenience Store and Associated Landscape and Signage Improvements at 515 N Main Street and an Amendment to the Lake Elsinore Downtown Master Plan's Downtowncode to Add Gasoline Stations as a Conditionally Permitted Use in Some Areas Subject to the Downtown Master Plan. Recommendation: It is recommended that the City Council: A) Waive further reading and introduce by title only Ordinance No. 2013 -1315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2013 -03, AMENDING THE LAND USE MATRIX CONTAINED WITHIN SECTION 1.4 OF THE CITY OF LAKE ELSINORE DOWNTOWNCODE, by roll call vote; and B) Adopt Resolution No. 2013 -042 A Resolution of the City Council of the City Council of the City of Lake Elsinore, California, Approving Commercial Design Review No. 2013 -02, for Development of a New 3,010 Square Foot 7- Eleven Convenience Store Located at 515 North Main Street (APN: 377- 242 -021) Mayor Magee opened the Public Hearing at 8:28 p.m. Planning Manager MacHott presented the staff report to the City Council. Matt Sliwinski addressed Council and indicated that he represents 7- Eleven Incorporated. He thanked the Planning staff for their assistance on the proposed project. Mr. Sliwinski informed Council that a representative from 7- Eleven and the property owner were present to answer any questions. Mayor Magee called for public comments; however, no public comments were received. Mayor Magee closed the Public Hearing at 8:35 p.m. Council Member Manos asked who would carry the cost for the signage. He offered that on major thoroughfare developers have added the City's logo to their signage and since this sign is located at a gateway into downtown Main Street, it is important to get that signage to pull the traffic off the freeway. Council Member Manos asked Mr. Sliwinski if there would be any reconsideration to cover the cost of approximately $4,000 for the sign. Mr. Sliwinski stated that the budget for this project is already very tight and he did not have the authority from 7- Eleven Corporate to accept the cost. He added that he is not sure if $4,000 is enough for the size of the sign. Council Member Hickman asked if the chain link fencing could be changed to wrought iron fencing. Planning Manager MacHott stated that could be added as a condition of approval. Mayor Magee offered that the City logo underneath the 7- Eleven sign could be brought forward consistent with the branding design and stated that Council can make that a condition. He suggested the City's style be carried forward and continuing with the wrought iron fence to the freeway, adding pilasters with such fencing subject to approval by the Community Development Director. Regular City Council Minutes Meeting of July 9, 2013 Page 11 of 15 Motion by Council Member Manos, seconded by Mayor Magee, to add conditions of approval that the City's style is carried over and a wrought iron fence with pilasters continuing all the way to the freeway. Council Member Hickman stated that this project can be delayed to give 7- Eleven Corporate an opportunity to respond. Marwan AlAbbasi, property owner, stated that when he purchased the property last year his intention was to renovate the existing building with minimum work, but 7- Eleven was interested in coming to the City. Therefore, he worked out a deal with 7- Eleven, but the building was too small for them so there was a financial negotiation. The existing code does not allow for adding more square footage, so the building would have to be demolished and a new building constructed. Mr. AlAbbasi stated the sign issue is going to be a deal breaker if the project is not approved tonight. He offered that the cost of the sign would be closer to $15,000 to $20,000 and that Caltrans would not approve a wrought iron fence. Council Member Hickman asked City Attorney Leibold if the City could make it a condition to give 7- Eleven a year to install the City sign. City Attorney Leibold responded in the affirmative. Mr. Sliwinski stated that delaying the project for a year is not good as it would only delay the project and that their budget for this project is already closed and added that with the addition of the wrought iron fence and the sign, the project would not be doable. Mayor Pro Tem Johnson stated that although she would like to be flexible to a new project coming to this community, she has concerns that the historic downtown would be compromised. Council Member Manos expressed that his only hesitation with giving 7- Eleven a year to install a City sign is that there is no hook. He offered that there was an environmental report that was waived which basically saved 7- Eleven approximately $6,000. Motion by Council Member Manos, seconded by Council Member Hickman, to add conditions of wrought iron fencing with pilasters continuing all the way to the freeway subject to Caltrans approval, and the cost of the City signage to the applicant. Council Member Tisdale stated that he has concerns trying to make 7- Eleven fix the corner that was already ugly. He stated that felt that that the new building would do great things for the City. Council Member Manos stated that various business locations throughout the City have installed City logo signs and those costs were carried by the developer as the costs would be about $4,000 to $6,000. Council Member Hickman expressed his concern that the City is getting only one shot at the entrance of the City on Main Street. He asked if staff could take one of the branding signs and install it. Mayor Magee asked why 7- Eleven didn't install the branding sign if they are really engaged and really want to invest in the community. Regular City Council Minutes Page 12 of 15 Meeting of July 9, 2013 Teresa Opshal with 7- Eleven Corporate stated that if it is a matter of considering that the sign is only $4,000, then they would take the cost and contribute it to the city. She clarified that they had completed the environmental report and paid for it. She offered that they don't change the casing of the sign because of the cost that is involved. Ms. Opshal stated they were asked to put the City sign on the pole sign and they agreed to do it; however, there was never an understanding that they would be paying, installing, fabricating or maintaining the sign and felt that it will be a deal breaker. Mayor Magee proposed that staff design and do the fabrication and that 7- Eleven carry the cost of installation and permitting. He offered that the ongoing maintenance be the responsibility of the City. Council Member Manos concurred. City Manager Yates stated that 7- Eleven has agreed to bare the utilities cost for the sign. Mayor Magee asked who would pay to illuminate the City sign. Ms. Opshal indicated that 7- Eleven was willing to absorb that cost. City Attorney Leibold advised that the condition is written that we will prepare a license agreement that will come back to the City Council for approval. City Clerk Bloom read the motion back to the Council to adopt Resolution No. 2013 -042 a Resolution of the City Council of the City Council of the City of Lake Elsinore, California, Approving Commercial Design Review No. 2013 -02, for Development of a New 3,010 Square Foot 7- Eleven Convenience Store Located at 515 North Main Street (APN: 377- 242 -021) with changes that wrought iron fencing be installed, if approved by Caltrans and that the applicant pay for the signage as revised conditions of approval. Planning Manager MacHott stated that the Resolution would be with new conditions of approval requiring that the wrought iron fence be broken up with pilasters that match the brick of the price sign subject to the approval of the Community Development Director and Caltrans; Condition 20 would be amended so that the City would fabricate and maintain the sign and 7- Eleven would install the sign and pay for any permitting of the sign and utilities. Council Member Manos rescinded the motion with the concurrence of Mayor Magee. Motion by Council Member Tisdale, seconded by Council Member Manos , to waive further reading and introduce by title only ORDINANCE NO. 2013 -1315. Council Member Tisdale read Ordinance No. 2013 -1315 into the record. Upon a roll -call vote, the motion passed unanimously. Motion by Council Member Manos, seconded by Mayor Pro Tern Johnson, to adopt Resolution No. 2013 -042 a Resolution of the City Council of the City of Lake Elsinore, California, Approving Commercial Design Review No. 2013 -02, for Development of a New 3,010 Square Foot 7- Eleven Convenience Store Located at 515 North Main Street (APN: 377 - 242 -021); with the added conditions of construction of the wrought iron fence with pilasters that match the existing pilasters; the City would fabricate, design and maintain the sign and 7- Eleven would install the sign and pay for any permitting of the sign and utilities, passed by a unanimous vote. Regular City Council Minutes Page 13 of 15 Meeting of July 9, 2013 APPEAL(S) None BUSINESS ITEM(S) (14) Resolution of the CitV Council of the City of Lake Elsinore, California Authorizing the Initiation of Proceedings to Establish Underground Utility District No. 3, Lakeshore Drive from Mohr Street to Chaney Street Recommendation: It is recommended that the City Council adopt the Resolution No. 2013 -043 to begin proceedings to establish Underground Utility District No. 3. Public Works Director Seumalo presented the staff report to the Council. Council Member Manos asked what the length of the improvement would be. Public Works Director Seumalo responded approximately .3 miles. Council Member Manos asked how often an opportunity to create these underground districts exists. Public Works Director Seumalo responded that the opportunity is few and far between. Currently the City has $1.3 million to which the program allows the City to leverage 5 years of estimated revenue. Motion by Council Member Manos, seconded by Council Member Hickman, to adopt the Resolution No. 2013 -043 to begin proceedings to establish Underground Utility District No. 3, passed by unanimous vote. (15) Residential Design Review No 2013 -04 - A Request by Meritage Homes for Approval of Building Designs for 76 Single- Family Detached Residential Units Including a Model Home Complex and Related Improvements for a Housing Protect Located Within the Summerly Development of the East Lake Specific Plan Recommendation: It is recommended that the City Council: A) Adopt Resolution No. 2013 -044 A Resolution of the City Council of the City of Lake Elsinore Adopting Findings that the Project is Consistent with the Multiple Species Habitat Conservation Plan (MSHCP); and B) Adopt Resolution No. 2013 -045 A Resolution of the City Council of the City of Lake Elsinore Approving Residential Design Review No. 2013 -04, based on the Findings and Exhibits, and subject to the attached Conditions of Approval. Planning Manager MacHott provided an overview to Council. Mayor Magee stated that he liked the homes approved on Mission Trail and Hidden Valley which are elevated above the road bend. He offered that the rear elevations need to carry window shutter treatments to elevate the look of the homes and asked that the applicant be required to carry the shutters on the rear elevations of the building subject to review and approval by the Community Development Director. Planning Manager MacHott stated that that the applicant has agreed to make the additions of the shutters on the rear elevation facing Mission Trail and Malaga Road. Regular City Council Minutes Page 14 of 15 Meeting of July 9, 2013 Motion by Council Member Manos, seconded by Council Member Tisdale, to adopt Resolution No. 2013 -044 a Resolution of the City Council of the City of Lake Elsinore Adopting Findings that the Project is Consistent with the Multiple Species Habitat Conservation Plan (MSHCP), passed by unanimous vote. Motion by Council Member Manos, seconded by Mayor Pro Tem Johnson, to adopt Resolution No. 2013 -045 a Resolution of the City Council of the City of Lake Elsinore Approving Residential Design Review No. 2013 -04, based on the Findings and Exhibits, and subject to the Conditions of Approval, with an amendment to Condition No. 8 requiring the addition of shutters on the rear elevation facing Mission Trail and Malaga Road, passed by unanimous vote. PUBLIC COMMENTS — NON -AGENDIZED ITEMS — 3 MINUTES None CITY MANAGER COMMENTS None CITY ATTORNEY COMMENTS None CITY COUNCIL COMMENTS Council Member Manos stated that there was a need for an ordinance relative to City signage and branding on new projects and infrastructure and asked that City Manager to look into it and bring back to Council. He stated that the 4th of July fireworks show was phenomenal. He announced that this Council is going to continue to hold the bar high for development in the City. Council Member Hickman thanked Mebo International for their infusion of $17,000 to the fireworks show. He announced that July 12th and 26th are Free Family Swim Nights at Lakeside High School; Movies in the Park on July 10th at Summerly Park at 6:30 p.m.; and Music, Dance, and Live Art Show at Lake Elsinore City Park on July 20tH Council Member Tisdale thanked staff for their work. He stated the one big thing that Caltrans seems to continue failing the City on is on the cleaning of the freeway off ramps; he asked that Public Works Director Seumalo to follow up with Caltrans and hold them accountable for cleaning the freeway in the City. Mayor Pro Tern Johnson thanked staff for their hard work and thanked the public for indulging Council. She congratulated the two new motorcycle officers which are a huge contribution to the community. Lastly, she announced the second annual Recreation Expo is on Saturday, July 131 h at 9:00 a.m. to 12:00 p.m. at the community center. Regular City Council Minutes Page 15 of 15 Meeting of July 9, 2013 Mayor Magee noted staff's ability to move these projects forward despite the holiday and a number of emergencies. He stated that the agenda was lengthy because the City is attracting new investments and staff is ensuring that these projects get through the process as quickly as possible. Mayor Magee announced that the Lake Elsinore Storm will be in town this upcoming weekend. He stated that the Riverside County Transportation Commission will be receiving a report about the impacts of Multi- Species Habitat Conservation Plan on transportation projects and the possible impacts of communities leaving said plan on JUly 10th. The plan was designed help implement transportation development projects quicker through a better working relationship with the Wildlife Services. Mayor Magee stated that the City has set aside more than 5,000 acres of property that are now off the tax roll and reserved for conservancy; however, he is not sure how it has benefited this community and the Council should revisit the matter. He thanked his fellow Council Members for their participation at this meeting, staff and the public for their decorum. ADJOURNMENT Mayor Magee adjourned the meeting at 9:26 p.m. to the next regular City Council meeting to be held on Tuesday, July 23, 2013, at the'.Elsin re Valley Municipal Water District Boardroom, located at 31315 Chaney Street, Lake Elsinore,, 1 Robert E. Magee, Virginia J I m,`City Clerk