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HomeMy WebLinkAbout09-25-2001 City Council MinutesREGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 25, 2001 ~***:~~~~~*~:~:~~~*:~:~~~:~~x:~~:~~~:~~:~~x:~~~~:~~~~~*~,~~~~:~~~:~~~**~~~**~~~*~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Schiffner at 5:02 p.m. ROLI, CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Recreation & Tourism Manager Edelbrock, Community Development Director Brady, Information/Communications Manager Dennis and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore v. Elsinare Valley Municipal Water District (Riverside Superior Court Case # 35961) (F:52.2)(X:40.1) B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) ' Property: 32040 Riverside Drive - Lake Elsinore Campground PAGE TWO - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001 Negotiating parties: Sunland Resorts and the City of Lake Elsinore Under negotiation: price and terms of payment (F:40.1) C. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore v. Diamond Sports & Entertainment LLC et al (Riverside Co. Superior Court Case #356131) (F:40.1)(X:134.10) D. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) Liberty Founders LLC v. City of Lake Elsinore, et al (Riverside Co. Superior Court Case #355890) (F:52.2)(X:40.1) City Attorney Leibold announced the Closed Session Items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:05 P.M. The Closed Session discussion was concluded at 6:55 p.m. RECONVENE PUBLIC SESSION (7:00 p.m.~ Mayor Schiffner reconvened the Regular City Council Meeting in Public Session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Pape. PAGE THREE - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001 INVOCATION The Invocation was provided by Pastor Pete Van Dyke, representing Canyon Lake Community Church. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, City Engineer O'Donnell, Information/ Communications Manager Dennis, Police Sgt. Lopotosky, Recreation & Tourism Manager Edelbrock, City Treasurer Ferro and City CIerWHuman Resources Director Kasad. PRESENTATIONS a. Proclamation - Eagle Scout Tvler Eisenhauer. (F: 56.1) Mayor Schiffner read and presented the Proclamation to Tyler Eisenhauer, noting his accomplishments in achieving the Eagle Scout designation. Tyler encouraged others in the community to participate in scouting and strive for the Eagle Scout designation. He stressed that it would be advantageous for the future. PUBLIC COMMENTS - AGENDIZED ITEMS None Requested. PAGE FOUR - CITY COiTNCIL MINUTES - SEPTEMBER 26, 2001 CONSENT CALENDAR ITEMS MOVED BY KELLEY, SECONDED BY PAPE AND CARRIED BY ' ~JNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. l. The following Minutes were approved: a. Joint Study Session - September 10, 2001. b. Regular City Council Meeting - September 10, 2001. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Meeting - September 5, 2001. (F:60.3) 2. Ratified Warrant List for September 13, 2001. (F:12.3) 3. Received and ordered filed the Investment Report for July, 2001. (F:12.5) 4. Rejected and referred to Claims Administrator the Claims Against the City - submitted by William J. King (CL #2001-27) and Jacqueline D. Checketts (cL #ZOOi-as~. ~F:s2.a~ 5. Approved Allocation of $20,000 for the construction of the third field improvements at Swick/Matich Park to supplement the efforts of both Lake Elsinore Little League and Lake Elsinore Girls Softball. (F:114.6) 6. Adopted Resolution No. 2001-40, approving Proposed Mid-Block School Crosswalk for Tuscany Hills Elementary School. (F:162.2) RESOLUTION NO. 2001-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PAGE FIVE - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001 LAKE ELSINORE ESTABLISHING A MID-BLOCK CROSSWALK. 7. Adopted Resolution No. 2001-41 establishing City-wide Speed Limits with revisions for Dexter Avenue. (F:152.1) RESOLUTION NO. 2001-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE PRIMA FACIE SPEED LIMIT FOR CERTAIN STREETS. 8. Approved C.D.B.G. Sponsor's Agreement for the Lake Elsinore Senior Citizen's Center 2000-2001, and directed execution of the documents by the appropriate representatives. (F:68.1)(X:84.2) 9. Approved Information Committee Recommendation for a 3-Year PC Replacement Purchase, beginning with the purchase of ten OptiPlex PCs from Dell Computer Corporation this fiscal year. (F:65.1) 10. Adopted Resolution No. 2001-42, Authorizing Application for Proposition 12 Grant Funds for filing of the Recreation Trails Program. (F:84.1) RESOLUTION NO. 2001-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS PROGRAM. 11. Adopted Resolution No. 2001-43, Prohibiting Parking on Lincoln Street at the Intersection of Flannery Street and the Driveways of the Lake Side Apartments - Resolution No. 2001-43. (F:112.1) PAGE SIX - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 RESOLUTION NO. 2001-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 12. Approved Public Hearing Date of October 9, 2001 for the following: a. TenYative Parcel Map 30187 - Cornerstone Group for a project located at the corner of Chaney Avenue and Flint Street. (F:110.2) PUBLIC HEARINGS 21. Negative Declaration No. 2001-02. Tentative Parcel Map No. 30254 and a Conceptual Site Plan - Phase 2 Located on Collier Avenue and Crane Street ~APN 377-151-054~. (F:110.2) Mayor Schiffner opened the public hearing at 7:10 p.m. City Manager Watenpaugh introduced this item for consideration. Community Development Director Brady explained the request for a 9.9 acre parcel of land to be divided into five parcels, and detailed the location of the property. He presented a site plan showing the layout of the site and noted that conceptual approval of the design review for the site plan was also under consideration. He noted that the property was located in the M-1 Industrial zone; and advised that the request had been reviewed and approved by the Planning Commission on September 5, 2001. He further noted that Item No. 31 of this agenda was the related design review proposal; and clarified that each individual building would come back for design review. Mayor Schiffner requested those persons interested in this item to speak. There were no requests to speak from the public. Councilman Metze indicated that he had no questions on this item, and indicated that he was glad to see more industrial development moving forward. Councilman Pape concurred that more industrial was good for the community and would mean mare jobs. He noted that several industrial buildings had been added in the last year and this was one more group. Councilwoman Kelley concurred that this was a good project. Mayor Schiffner also concurred, and stressed the need for this type of construction and noted that Planning had thoroughly reviewed the project. Mayor Schiffner closed the public hearing at 7:15 p.m. MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT NEGATIVE DECLARATION NO. 2001-02 AND APPROVE TENTATIVE PARCEL MAP 30254 AND THE CONCEPTUAL SITE PLAN - PHASE 2; BASED ON EXHIBITS'A' THRU'D', AND THE FOLLOWING FINDINGS; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings Negative Declaration No. 2001-02 1. Negative Declaration No. 2001-02 has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements. The report is complete and adequate in it's evaluation of all environmental effects of the Tentative PAGE EIGHT - CITY COi1NCIL MINUTES - SEPTEMBER 25, 2001 Parcel Map No. 30254 and associated discretionary approvals. Tentative Parcel Map No. 30254 and associated discretionary approvals will not result in any significant and unavoidable impacts. 2. The proposed applications will not have impacts that are individually limited but cumulatively considerable. Given that project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed applications do not have the potential to adversely affect humans, either directly or indirectly. Tentative Parcel Map 30254 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the General Plan and appropriate Zoning District. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). 2. The effects this project is likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of the subdivision provides to the greatest extent possible, for future passive or natural hearing or cooling opportunities in the subdivision (Government Code Section 66412.3). Planning Division Conditions 1. Tentative Parcel Map No. 30254 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. PAGE NINE - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 2. Tentative Parcel Map No. 30254 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning TPM No. 30254, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 4. Prior to final map approval of Tentative Parcel Map No. 30254, the improvements specified herein and recommended approved by the Planning Commission and approved by the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. 6. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 7. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building PAGE TEN - CITY COiTNCIL MINUTES - SEPTEMBER 25, 2001 permits. 8. Pay all applicable park fees in force at time of issuance of building permits. 9. The applicant shall provide connection to public sewer for each lot within the subdivision prior to building permit. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 10. Meet all requirements of the providing electric utility company. 11. Meet all requirements of the providing gas utility company. 12. Meet all requirements of the providing telephone utility company. 13. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. 14. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. 15. Prior to issuance of any grading permit or building permit, subdivider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 16. Prior to building permit the applicant shall submit a Sign Program for the entire complex. This Program shall include size, location and color restricts for each building. The program shall include size, location and color for any monuments signs. 16a. The applicant shall comply with the General Plan's maximum allowable building area of 40%. PAGE ELEVEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 Engineering Division Conditions 17. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 18. Pay all Capital Improvement and Plan Check fees (LEMC 1634, Resolution 85-26). Street Capital Improvement fee is approximately $11,700. 19. Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 20. Dedicate a sufficient strip of land along Collier Ave. to provide for a 100 foot R/W for Collier Ave. (50 foot half section). Dedicate a sufficient strip of land along Crane Ave. to provide for a 60 foot R/W for Crane Ave. (30 foot half section). 21. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 22. Applicant shall be required to build half-street improvements on Third Street along map boundary. 23. 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). 24. 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 TWELVE - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 25. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83-78). 26. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/z" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 27. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to final map approval. 28. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 29. Provide fire protection facilities as required in writing by Riverside County Fire. 30. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 31. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 32. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 33. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible PAGE THIRTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 34. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 35. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Calif. Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 36. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 37. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site. 38. 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. 39. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions". 40. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 41. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 42. This site is in Flood Zone AO and the finish floor elevation must at least one PAGE FOURTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 foot above the existing adjacent grade. 43. Applicant to provide FEMA elevation certificates prior to certificate of ' occupancies. 44. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 45. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 46. Applicant shall obtain Riverside County Flood Control District approval for outletting the storm drain system into the Third Street Channel prior to grading permit. 47. 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. Grate drains in the parking lots are to be installed with a fossil filter or approved equal to mitigate urban pollutants in the storm water runoff. 48. Roof and yard drains will not be allowed to outlet through cuts in the street curb. 49. Ten (10) year storm runoff should be contained ~~vithin the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 50. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 51. Developer shall be subject to all Master Planned Drainage fees and will PAGE FIFTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 receive credit for all Master Planned Drainage facilities constructed. Drainage fees are approximately $60,180. 52. 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. 53. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of storage of material, vehicle maintenance, herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 54. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 55. The southeasterly driveway on Collier Ave. shall be right turn in and right turn out only. 56. All parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation. 57. Applicant shall cause to be recorded a CC&R which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance in favor of PAGE SIXTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 58. Contribute $15,270 for the design and construction of one-half of a raised landscaped median along the frontage of Collier Avenue. 59. Developer shall contribute $6,000 towards the design and construction of traffic signals at the intersections of Collier Ave & Chaney Street and Collier Ave. & Central Avenue. This development will increase traffic at the intersection at least 2% and should contribute 2% towards construction. 60. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 31. Desi~n Review for Industrial Project No. I 2001-03 Located on Collier Avenue and Crane Street (APN 377-151-054~. (F:86.2) City Manager Watenpaugh introduced this item, noting that it was in follow-up to item 21. Community Development Director Brady explained that this was the design review for the first meeting in the previous tract map. He noted the location of the proposed building on the site, and advised that it would be a 33,900 square foot building. He indicated that the Planning Commission had reviewed the project and recommended approval, in addition to approving a Conditional Use Permit for the rear portion of the site. He advised that the PAGE SEVENTEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 building was being constructed for Foamworks and was unique because the architectural design would reflect the creative nature of the company. He stressed that it would be different from the flat tilt-up walls normally seen in industrial areas. He explained that Foamworks would own this building and move their business to this location; and noted that staff and the Planning Commission had commended them for this design. He indicated that staff would be encouraging this type of design as a base standard for this area of the industrial park. He advised that the facility would include an outdoor storage area with a 10-foot wall far screening. He further advised that they would be supplying 73 parking spaces for the building, including three handicap parking spaces. He noted that he had spoken with Councilman Metze on some of the parking and handicap issues, and the suggestions will be considered with regard to the orientation of those spaces. He reiterated that each building within this parcel map would come back to the Council for individual consideration. Mayar Schiffner requested comments from the public on this item. There were no requests to speak. Councilman Metze noted Mr. Brady's comments regarding his concerns with the wheelchair ramps and parking. He indicated that he requested that staff look at keeping them side by side with a ramp and curb cut in the. middle. He explained the potential for problems if they were separated. He suggested making this type of configuration somewhat standard and requiring at least two spaces. He also requested that staff watch the other elevations of the buildings for appropriate enhancements. Councilman Pape noted that this would be 34,000 square feet of new industrial space in the industrial area and commented that the enhancements would make the building especially attractive. He supported moving forward with this project. PAGE EIGHTEEN - CITY COUNCIL MINiTTES - SEPTEMBER 25, 2001 Councilwoman Kelley noted that she was familiar with Foamworks and indicated that she was glad to see their business growing to require this new facility. She indicated that she was also glad to see the enhancements proposed for the building. Mayor Schiffner indicated that everyone was excited to see a business doing well and expanding in the City of Lake Elsinore. MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE DESIGN REVIEW FOR INDUSTRIAL PROEJCT NO. I 2001-03 FOR AN INDUSTRIAL BUILDING INCLUDING AN OUTDOOR STORAGE AREA AND RELATED IMPROVEMENTS; BASED ON EXHBITS'A' THRU'E', AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FindinEs Design Review 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. PAGE NINETEEN - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 Planning Division Conditions 1. Design Review approval for Industrial Project No. I 2001-03 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division for Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improve"ments approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets including Collier Avenue. Any material covering the roof equipment shall match the primary wall color. 5. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets ar allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. PAGE TWENTY - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 6. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `C' loading zones (12' x 55'). 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. A minimum of three (3) handicap spaces are required. 8. A ten foot (10') decorative split-face masonry wall with pilasters at 40' intervals shall be constructed around the outdoor storage area. Provide 2' x 2' indentations to breakup the long expansive wall and provide for landscaping. The indentations shall be placed at appro~mately 20' intervals, between the pilasters. The applicant shall submit a plan for the wall and landscaping to be review and approved by the Community Development Director or Designee. The plan shall include method of maintenance. The e~erior surface of the decorative wall shall be coated with an anti-graffiti material. Ten foot (10') tall opaque gates shall be used at the entrances of the outdoor storage area. If the material stored in the storage yard continual exceeds 10' in height, the Community Development Director may require additional screening or other solutions. 9. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A 5' landscaped planter is required on each side of the trash enclosure. lO.No exterior roof ladders shall be permitted. 11.Applicant shall use roofing materials with Class "A" fire rating. 12.A11 e~cterior downspouts shall be painted to match with building e~erior color. 13.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 27.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001 28.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 29.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 30.Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. Engineering Division Conditions 31.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. 32.The project is subject to all applicable conditions of Tentative Parcel Map No. 30254 at appropriate development phase. 33.If Tentative Parcel Map 30254 is not finaled prior to the issuance of building permit for Industrial Project No. 2001-03, the applicant shall be responsible for all Conditions of Approval for Tentative Parcel Map 30254. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:20 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:23 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Pete Dawson, 18010 Grand Avenue, provided the August, 2001 report for LEMSAR, which included quite a few tows, one sheriff call out and one night search. He noted that they were also on alert on September 11"', in case there was a need. He also noted that fall was bringing new problems to the Lake, but requested that the Council inform out-of-towners that the Lake is still viable and PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - SEPTEMBER 25, 2001 usable and the City needs the dollars. He expressed concern that only negative information was getting out to the public. Cku~is Hyland, 15191 Wavecrest, noted the recent Candidate Forum at Tuscany Hills, and indicated that she was attacked for mud slinging. She suggested reading a dictionary before making public accusations. She suggested that under Councilman Pape's leadership there had been increased debt, more legal settlements and failed morality in allowing drownings to continue in the Lake. She suggested that Candidate Cheney was an "attack dog" to protect Councilman Pape. She suggested that Councilman Pape's record was "indefensible"; but other candidates are afraid of him. She suggested that residents consider his record in making their decisions on who should be elected for the ne~ four years, and commented that it would be best to replace him. She expressed concern with °°mindless" 5-0 votes and encouraged residents to vote for her. Bill Staples, 32941 Maiden Lane, Lakeland Village, read his letter to the editor, which follows and was published in area newspapers: To the People of Canyon Lake and Lake Elsinore: There have been untrue statements spoken by people in local government positions and in article in some local newspapers. The facts are: Lake Elsinore does not want drinking water from Canyon Lake - They only want the last winters rain run off water that came into Canyon Lake form the San Jacinto River and Salt Creek. A federal law and a court order gives them a percentage of this water. The E.V.M. W.D. who controls the water in Canyon Lake refused to obey this law and court order. That is why Lake Elsinore is suing E.V.M.W.D. Water in Canyon Lake is not drinking water until it has gone through a purifying system, it is basically the same quality water as Lake Elsinore. PAGE TWENTY-SIX-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001 He noted that the area businesses are being impacted by the lack of water, and suggested that six more inches of water will make the difference. He expressed hopes that a lot of residents were watching this meeting and vowed to continue to spread the word on this issue. George Alongi, P. O. Box 901, indicated that he was disturbed when he read that a candidate and Council person had indicated that a judge made a decision on putting water in the Lake. He suggested that this was a difficult time for the Council and the District, as both were interested in the Lake, but had different agendas. He indicated that the'Council and the District should sit down and find a permanent solution to putting water in the Lake. He suggested that in this situation no one wins and it pulls the community further apart. Tom Buckley, 106 S. Lowell, noted the Californian newspaper questions to Candidates and the first responses published on September 22°d, regarding the problems of the Lake. He noted Councilman Pape's response to the question which addressed a preliminary injunction being issued. He suggested that the inclusion of this falsehood was intentional, and questioned if anyone could comment on the matter. He indicated that he was not broaching this issue for personal reasons, but as a matter of clarification. Bill Tucker, 740 Acacia, requested and observed a period of silence for the New York victims. He then indicated that he didn't complain very often, but expressed concern that the boat launch had been closed and the directional signs were still in place. He commented that the fishing was still great, but the water level was very low. He expressed hopes that more water would be supplied before it begins to stink. Leroy Tucker, 3532 Cherry Blossom, noted that he is frequently present to complain, but indicated that he was present at this meeting to un-complain. He commended the City for a great job on the Lake Street improvements. He noted that when the striping is complete, it will be a great entrance to the City. He further commented that he had been unable to attend the Candidate Forum, but it PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001 was definitely election time based on the increased number of signs. He stressed that if residents don't like something, this is the time to get out to vote and say yes or no to the current situation. He noted that the Candidate Forum comments he had heard did not address the empty businesses, such as K-Mart, the old Vons, the old Sav-on, Hallmark, etc. He stressed the importance of the Council and Candidates figuring out how to draw businesses and taxes in to the Community. CITY 1VIANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that he appreciated Bill Tucker's comments, and noted that staff had been asked to remove the boat launch signs. 2) Noted that he was aware of the buildings mentioned by Leroy Tucker and concurred that new businesses were needed to fill those vacancies. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Noted the Closed Session discussion items as listed on the agenda, and indicated that all four were discussed, with no reportable action. 2) Clarified the status on the request for preliminary injunction, noting that the hearing was originally set for August 315`; and the tentative ruling was granted on the request, but the hearing was continued. She further explained that the judge reiterated the tentative judgement and took the item under submission, but there was no ruling or final order. She stressed that this was a tentative ruling, but the City was awaiting a final ruling. She commented that sne did not discuss candidate responses. PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001 3) Noted that it was nice to have Councilman Metze back at the table. CITY COUNCIL COMMENTS Councilman Metze had no comments. Councilman Pape commented on the following: 1) Noted that work has begun on the Franklin Street/Canyon Estates, and is planned to be open next month. He further noted that this would be a bypass for the Diamond Drive/I-15 Interchange. 2) Announced that the Van's World Wakeboard Championships would be taking place in the Inlet Channel this weekend. He noted that the event would be open to the public and ESPN would be filming. 3) Noted that he attended the Student of the Month luncheon today on behalf of the City Council. He expressed particular pride in this responsibility, noting that his son Tim was one of this month's recipients. 4) Noted that there had been several comments regarding the Lake and water. He noted that a letter was sent to the City by the Water District, but the newspapers were the first to receive it; reguesting support for recycled water in the Lake, with no mention of quantities under discussion. He indicated that staff inquired and found out that they were looking at about 1,400 acre feet over a period of two years. He commented that they were not willing to treat the water to reduce the nutrient level; and the addition would add close to 70,000 pounds of nutrients to the Lake. He noted that if the City did not agree, they would not retrofit and pump from the island wells. He questioned what recycled water had to do with the Fill and Operation Agreement, and suggested that the wells were being held hostage, and expressed PAGE TWENTY-NINE-CITY COUNCIL MINUTES-SEPTEMBER 25, 2001 frustration with the situation. He clarified that his comment in the newspaper was exactly what the judge and attorney had said, however it was misquoted, in that they left the word "preliminary" out of the paper. He stressed that negotiations had been ongoing for 13 months to get water in the Lake. He further stressed that he did not take the litigation lightly, but he felt there was no alternative, and some kind of action was necessary. He suggested that comments that "not one drop of water will go in the Lake before the election" were inappropriate. He stressed that the Council was trying to act as custodians for the Lake, for the benefit to the community, and stressed that the Council was only trying to protect it. Councilwoman Kelley commented on the following: 1) Noted the amount of election rhetoric regarding the Council's decisions; and suggested that it brings to heart what a great nation we live in. She commented on the brutal awakening two weeks prior and eapressed heartfelt condolences to those impact in New Yark. She stressed that those events would forever impact and change the fabric of the United States. She noted that she appreciated, more than ever, the complaints received; and indicated that it was nice to be a member of the nation and the Council who has an opportunity to make decisions. 2) Welcomed Councilman Metze back to the dias. 3) Provided an update on the Skateboard Park, noting that they received presentations from the bidders and would make a final decision on October 4~'. Mayor Schiffner commented on the following: 1) Joined Councilwoman Kelley in her comments on the disaster and expressed sorrow for those involved and the world. He indicated that PAGE THIRTY-CITY COUNCIL MINiTTES-SEPTEMBER 25, 2001 he was thankful that this area was not a prime target, but indicated that the hearts of our residents go out to those hurt, and to those businesses and jobs that were impacted. 2) Thanked Councilman Metze for getting better and coming back, noting he was glad to see him present again. ADJOiIRNMENT MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 7:45 P.M. Ul ROBERT L. SCHIFFNER, CITY OF LAKE ELSINORE ~'I"I'EST; . (~'~e/~ VIC]~SAD, CMC,' CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE