Loading...
HomeMy WebLinkAbout2004 CC MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 13, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:04 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Assistant City Attorney Miles, Community Development Director Brady and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9: (2 potential cases) (F:40.1)(X:52.1) B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) Elsinore Christian Center v. City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore (United States District Court Case No. CV 01- 04842). (FA0.1)(X:52.2) C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) Arzola v. City of Lake Elsinore (Riverside Superior Court Case No. 377380). (F:40.1)(X:52.2) D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) Reimbold v. Brinley (Riverside Superior Court Case No. 377793). (F:40.1)(X:52.2) E. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Page Two — City Council Minutes — January 13, 2004 (Subdivision (a) of Gov't Code §54946.9) Larios v. Santiago; Santiago v. City of Lake Elsinore (Riverside Superior Court Case No. TEC058066). (F:40.1)(X:52.2) F. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) D. Slama Company, Inc. v. Triquest Builders, Inc. City of Lake Elsinore (Riverside Superior Court Case No. 387185). (F:40.1)(X:52.2) G. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9)Interstate Asphalt Company v. Triquest Builders, Inc., City of Lake Elsinore (Riverside Superior Court Case No. 389997). (F:40.1)(X:52.2) H. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Initiation of Litigation pursuant to subdivision ( c ) of Gov't Code §54956.9) One Case. (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session topics as listed above, noting that Items B — H had already been discussed as part of the 4 p.m. Special City Council meeting, with no reportable action. She further announced that Item A of this agenda would be discussed in Closed Session. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:05 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:10 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Pete Dawson. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection for the U.S. Troops in Iraq and the Family of Gary Shelton. Page Three — City Council Minutes — January 13, 2004 PRESENTATIONS /CEREMONIALS a. Presentation - Pedro Vasquez. (F: 56.1)(X:114.2) Mayor Buckley called Pedro Vasquez & family forward for presentation. He noted the contributions of Mr. Vasquez to the community, detailing the history of City Park and Mr. Vasquez's efforts. He further noted Mr. Vasquez's participation with an adult soccer league. He commended Mr. Vasquez for his community spirit and displayed the new bronze plaque to be placed on the new building at City park later this year. Mr. Vasquez and his daughter thanked the City Council for this recognition. Mayor Buckley indicated that the official dedication ceremony would be advertised for the public. b. Presentation - Air Ouality Management District. (F:36.2) Lisha Smith, liaison to the South Coast Air Quality Management District, noted the information packet providing regarding the AQMD. She indicated that her business card was included for questions or concerns relating to air quality. She detailed the function of AQMD and noted that nine local elected officials serve on the Board. She stressed the air quality improvements seen since the 1940's, and noted upcoming federally imposed deadlines to address air quality issues. She further stressed the need for State and Federal governments to accept their responsibility for the air quality issues, noting the cumulative impacts. She advised that AQMD had committed to improve communication and services to the City; and noted that she had already met with City staff to explain the areas of concentration. Councilman Magee expressed appreciation to Ms. Smith for her attendance at this meeting and commented that as a business person he had not had pleasant experiences with AQMD. He inquired whether concerns and questions from constituents could be referred to her as a buffer. He indicated that small business owners were being force to pay both literally and figuratively, and inquired if Ms. Smith was able to meet with local businesses to address their concerns and questions. Ms. Smith confirmed an noted that she also worked with the area Chambers of Commerce to establish contacts with the businesses and address their issues. She indicated that it was her personal mission to increase knowledge of their programs and mission. Councilman Magee indicated that he would be referring people to her. Page Four — City Council Minutes — January 13, 2004 C. Presentation - National Date Festival. (F:62.1) Mayor Buckley called upon Terri Neuenswander and Natalie Tarr for this presentation. Ms. Neuenswander thanked the Council for the opportunity to attend this meeting and indicated that the Date Festival was excited to have a representative from the west end of the County, specifically Lake Elsinore. Date Festival Princess Natalie Tarr explained her participation in the royal court for the festival and invited the residents and Council of Lake Elsinore to attend the festival. She detailed the events and activities and encouraged attendance. Mayor Buckley noted that the festival was in Indio and would run from February 13th to February 22 °d d. Presentation - Chamber of Commerce Update. (F:108.4) Jack McColley, Chamber of Commerce President, apologized for neglecting to recognize the selection of Mayor Buckley at the last meeting. He congratulated Mayor Buckley on his selection. He detailed upcoming events including: 55th Annual Chamber Installation on January 24th with the Mardi Gras theme, at the Diamond. January Student of the Month Lunch on January 27th at Sizzler February EDC Lunch on February 12th at 11:30 a.m. at the Diamond February Mixer at the Elsinore Woman's Club on February 20h, sponsored by the Women's Club, the Arts Network and the Historical Society. CLOSED SESSION REPORT City Attorney Leibold reported that the Council held a special meeting from 4 to 5 p.m. to discuss Closed Session Items B thru H, noting that most of those items were concerned with existing litigation and provided as a status report. She indicated that with regard to those items there was no reportable action. She further reported that at the regular 5 p.m. meeting there was discussion of one case of anticipated litigation, with no reportable action. Mayor Buckley commented that due to the length of the agenda, he was hoping to do everything including the RDA meeting by 8:30 p.m., taking a short break and moving Page Five — City Council Minutes — January 13, 2004 forward with the MSHCP. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Paula Graver, 218 Ellis Street, read a poem by Helen Steiner Rice. Peter Dawson, 18010 Grand Avenue, commented that every organization has someone who stands out in a crowd, and noted that there was such a person in LEMSAR. He detailed the work of Les Cameron, monitoring the radio for long hours, dispatching LEMSAR members and assisting boaters, and mourned his loss. Senator Dennis Hollingsworth noted that he had to catch a plane and addressed the MSHCP consideration on this agenda. He noted a letter from Senator Battin, Assemblyman Haynes and himself, requesting that the MSHCP not be approved. He detailed his past involvement in the plan about ten years ago on behalf of the Riverside County Farm Bureau. He noted that the plan originally dealt with the Stephens Kangaroo Rat and looked for a way to protect species and provide for the ever growing population. He indicated that this plan had missed that mark in that it was not voluntary or incentive based, it was not better than the status quo and the acreage had been substantially increased. He commented that the plan said the State and Federal agencies would acquire about 97,000 acres, but questioned where that money would come from; noting that it would not be available in Sacramento for quite some time. He questioned the thought of replacing existing regulations with custom made regulations; noting that 75 species were being protected for which there were no current regulations. He stressed the costs and liabilities vs. the relatively few benefits of the plan. He further stressed the need for a plan that work for everyone, including Lake Elsinore, builders and farmers. Richard Gordon, 211 N. Scrivener, indicated that he was representing two organizations, being the NAACP of Lake Elsinore and the Friends of the Lake Elsinore Library. He noted that Monday, January 19th would be Martin Luther King's Birthday and announced that there would be a program on Saturday at 2 p.m. to include poetry and "Martin on the Mountain Top ". He noted that Martin Luther King's Birthday was not a "black" holiday, but rather an American holiday. He invited everyone to attend the event on Saturday. George Alongi commented that he was glad to see Mr. Vasquez recognized by the City. He further commented on the systems in place in the United States, and requested that the Council make its decision on the MSHCP, based on what was good for the community. CONSENT CALENDAR Councilman Magee indicated that he would be abstaining from vote on the Minutes 16 9 Page Six — City Council Minutes — January 13, 2004 included in item La. and Lb., as he was not present for those meetings. He further indicated that he would be abstaining from vote on items 12 and 13 as he was not on the Council for the original consideration of those maps. Mayor Buckley indicated that he would be providing corrections to item Lc, pages 6 of 12, and 11 of 12. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED, WITH THE EXCEPTION THAT COUNCILMAN MAGEE ABSTAINED FROM VOTE IN ITEMS La., Lb., 11 AND 12. 1. The following Minutes were approved: a. Joint City Council /Redevelopment Agency Study Session - November 25, 2003. b. Regular City Council Meeting - November 25, 2003. C. Special City Council Meeting - December 1, 2003, as corrected. d. Regular City Council Meeting - December 9, 2003. (F:44.4) 2. Ratified the following Warrant Lists: a. December 15, 2003. b. December 31, 2003. (F:12.3) Received and ordered filed the Investment Report for November, 2003. (F:12.5) 4. Adopted Resolution No. 2004 -1, approving the Proposed Stop Sign Controlled Intersection - Lincoln Street and Westwind Drive. (F:162.2) RESOLUTION NO. 2004-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 5. Adopted Resolution No. 2004 -2, Supporting a Statewide Ballot Initiative to Require Voter Approval Before State Government May Take Local Tax Funds. (F:30.1)(X:96.1) RESOLUTION NO. 2004-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE N� Page Seven — City Council Minutes — January 13, 2004 ELSINORE, SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. 6. Adopted Resolutions of Intention No. 2004 -3 and 2004 -4 to Annex Property into Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 5 (La Laguna, Phase II) and Annexation Area No. 6 (Villa Martinique). (F:22.3) RESOLUTION NO. 2004-3 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO. 5 (LA LAGUNA PHASE II). RESOLUTION NO. 2004-4 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.6 (VILLA MARTINIQUE). 7. Approved 2003 -2004 Community Development Block Grant Supplemental Agreement with $2,500 for Operation School Bell, $2,500 for H.O.P.E., $25,000 for the Lake Elsinore Senior Center, $20,000 for Code Enforcement, $50,000 Dangerous Structure Abatement, $160,025 for the Swick/Matich Park ADA Restroom Construction Project; and authorized the Mayor and City Clerk to execute the documents. (F:84.2) Approved the Second Amended Agreement to Design, Fabricate and Install an Axial Flow Pump Destratification System for Lake Elsinore, between LESJWA and the City; and authorized the Mayor to execute the agreement. (F:68. 1)(X:92. 1) 9. Approved Bid Award with Change Order for Project No. 4228 -DS; Fabrication & Installation of Docking Stations & Submarine Power Cable to the Meek Page Eight — City Council Minutes — January 13, 2004 Company in the amount of $610,000, and authorized the Mayor to execute the documents. (F:68.1)(X:92.1) 10. Authorized the purchase of the Trailer Mounted Vacuum Unit from Holt of California in the amount of $33,968, as part of the 2003/2004 Vehicle Replacement Program. (17:48.1) 11. Approved Letter of Support to the City of San Jacinto for the San Jacinto River Levee Project - Phase 1. (17:44.1)(X:92.1) 12. Approved Final Map 30492 -3, Pardee Homes, Inc., subject to the City Engineer's acceptance; accepted all dedications at the time of recordation and authorized recordation. (F:160.2) 13. Approved Final Map 30754 -3, Pardee Homes, Inc., subject to the City Engineer's acceptance; accepted all dedications at the time of recordation and authorized recordation. (F:160.2) PUBLIC HEARINGS 21. Vesting Tentative Tract Map Nos. 28214 and 30836, and Addendum No. 2 to the Alberhill Ranch Specific Plan Final Environmental Impact Report - Resolution No. 2004 -9. (F:160.2) City Manager Watenpaugh noted that representatives of the applicant were present to address this item. Community Development Director Brady commented that this item was before the Council on November 25th and deferred to this date. He detailed the history of the property, with the original specific plan approved in 1989. He detailed the location and acreage involved in the two maps. He addressed the EIR, and noted that at the last meeting in November additional information had been presented by the applicant prior to the meeting. Mayor Buckley opened the public hearing at 7:49 p.m., asking those in favor of the project to speak. Bob Parmele, representing Castle & Cooke, commented that after ten years plus, they were excited to be proceeding with the project. He noted that they had spent a lot of time assuring that the project complied with the agreements and plans in Page Nine — City Council Minutes — January 13, 2004 place. He indicated that they were also working with EVMWD to provide a Community Facilities District with ten other developers for sewer and water facilities. He noted that Castle and Cooke had plans for commercial development and expansion of the Outlet Center. He indicated that they would like to move forward this evening and try to work out the remaining issues with the City. He noted that one discussion at the last meeting was the transportation corridor, and indicated that they took that issue seriously. He explained that after a meeting with RCTC, they had an understanding that a $5 million contract would be let this year to address the options. He commented that the other half of the pie was the completion of the lane to Orange County. He clarified that the area from the 91 Freeway to Highway 74 included about six or more options. He indicated that Castle & Cooke were in support of the corridor coming through Lake Elsinore as it would be good for the City, good for Castle & Cooke, and good for the residents. He stressed that they had taken the time to try to determine the impact of those proposal on their project, and indicated that they felt that the approval of their project would not prohibit that opportunity. He pointed out the possible road configuration around their property and noted the possible internal phasing options. He noted the existing development agreement in place, and suggested that it would give the City the necessary latitude. He express their willingness and desire to work with RCTC and the City to explore the options for the corridor. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Councilman Magee asked the City Attorney about the hearing on November 25th and questioned the additional information which caused the item to be pulled off the agenda. City Attorney Leibold indicated that the applicant submitted 25 pages of additional CEQA findings, which had been reviewed and incorporated much of it into the staff report on pages 5 — 10 of the staff report. She indicated that they related to project specific impacts and the need for the addendum and findings for CEQA documentation. Mayor Buckley commented that the Planning Commission did not have the additional information and questioned if there had been a problem if the Planning Commission had received it. City Attorney Leibold clarified that it was more comprehensive information and reports for the project. Councilman Hickman questioned the Murdock land, and whether there was land dedicated to the habitat. Bob Parmele indicated that he was not sure of the commercial Outlet property, but some land on the Pacific Clay property had been Page Ten — City Council Minutes — January 13, 2004 defined so far. Councilman Hickman questioned the requirement that they pay the habitat fees. Mr. Parmele indicated that the fee was not required. City Manager Watenpaugh noted the sites adjacent to the Outlet Center, which had been set aside for habitat. He noted a small area to the far east of the Outlet Center for habitat. Councilman Hickman inquired if there was a requirement for the fire station. City Manager Watenpaugh indicated that there was not a requirement. Councilman Magee questioned Terra Cotta Road and where it currently ends. He inquired if there would ultimately be a paved link to that area. Community Development Director Brady indicated that one was not required at this point, so a gap would remain; but such a link would be approved with the adjacent property owner. Councilman Magee noted that he met with Castle and Cooke regarding this project; and indicated that in order to have a positive action discussion they needed to address the concerns from the last meeting, particularly with regard to preserving the corridor to allow for access if it was chosen for the route. He indicated that they went above and beyond the call of duty, and did research on the viability of the corridor extension, if approved. He commended them on their efforts. He noted his discussion with Congressman Calvert to obtain funds to study the six different alternatives; and his assurance that there would be some money to look at the Nichols Road alternatives. He expressed appreciation for the time and effort to look at options, and their willingness to work with the RCTC. Councilman Schiffner indicated that this project had been around a long time and he looked forward to seeing it done. He commented that the project had tremendous views and it was a fantastic project. He indicated that he felt the commitment had been made to work with the City to accommodate the road, and the area would be protected at this point. He moved to approve the project. Mayor Pro Tern Kelley commented that the street improvements for Nichols Road would be four traffic lanes with a raised median, bike lanes, sidewalks and landscaped parkways; and Lake Street would be five lanes, two left turn lanes, medians, bike lanes, sidewalks, etc. She concurred that this project had been around a long time and they already had a specific plan with building rights. She indicated that she was pleased that the Council concerns did not fall on deaf ears. She commented that she felt this would be a very nice project with larger lot sizes. Page Eleven — City Council Minutes — January 13, 2004 Councilman Schiffner concurred that it was the intention to do considerable improvements on Lake Street, including increasing the turning radius on the sharp turn and possibly straightening out some minor curves on that road. City Treasurer Weber questioned the financials for the Community Facilities District for funding of roads, sewers and lighting. Mr. Parmele indicated that he was not certain of the funding process at this time, but knew there were conditions for some of the improvements. City Manager Watenpaugh indicated that he could provide Mr. Weber with a copy of the development agreement, which would clarify the stipulation for public infrastructure. He indicated that it would either be a credit for infrastructure or be done through a CFD. City Treasurer Weber questioned what had been done to date. City Manager Watenpaugh indicated that it had not been done yet. Mayor Buckley indicated that the main concern with this project was the potential elimination of the option for the road to Orange County. He noted the possible configurations and indicated that Nichols would be a four lane road. He further noted the potential for people to be irritated if it was not planned for a six lane road. He indicated that he appreciated the words of the Murdock representatives, but he would appreciate the words on paper more. He noted that Corona had put a moratorium in place to assure the ability to accommodate the road to Orange County; and stressed the different engineering standards around a freeway. He requested that they be a good corporate citizen and agree to an addendum to the preannexation agreement; and suggested that the addendum come back to the next meeting. Mr. Parmele indicated that he appreciated the concern for clarity, and stressed that they wanted to comply and cooperate with the request and be part of the process; but he did not think it was necessary to defer a decision based on a couple of weeks. He indicated that they wanted to work with the situation for the corridor, short of deferring the project. Darrin Stroud clarified that with regard to an addendum, it would not be possible, because there was no nexus to this project to allow such a mechanism. He further clarified that the matter was not noticed for tonight, so they could not commit to the requirement without violating the Brown Act requirements. He commented that while there was a request for the commitment in writing, it actually was already in writing; and noted the appropriate sections in the Preannexation and Development Agreement, the City's General Plan, and the Specific Plan. He reiterated that Castle & Cooke was willing and ready to work with the City, RCTC and Orange County to explore the possibility of a corridor through the Pacific Clay Property. Page Twelve — City Council Minutes — January 13, 2004 Mayor Buckley clarified that he was not asking for a vote tonight, but rather something at the next meeting. He commented that while Castle & Cooke objected to specific language when the agreement was approved, but the nexus was something both the City and the developer wanted. He stressed the potential timing of the project vs. the impact on the decision for the corridor, and questioned why there could not be something they both agreed on for the next meeting. Mr. Stroud indicated that such an opener would open it up for additional CEQA analysis. He clarified that the specific plan process was for making those determinations on transportation and other CEQA issues. He indicated that there was a commitment to work with the agencies to make the project happen and they stood ready to work through this issue. Councilman Magee indicated that he appreciated the comments by Mr. Stroud, and indicated he would like a copy of the Preannexation Agreement. He recognized the difficulty in obtaining entitlement and concurred that reopening the process was not appropriate. He stressed that the applicant had already obtained the approvals, like them or not. He noted that the applicants were ultimately business people and the corridor on their property would improve their property, as it would make the property work more. He indicated that if it made business _ sense, they would be economically motivated to make the project happen, and that was enough assurance for him. He commented that in light of what they had done in the last few weeks, he was satisfied with their progress. City Attorney Leibold clarified the appropriate actions for this item. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY VOTING NO TO ADOPT RESOLUTION NO. 2004-9, CERTIFYING ADDENDUM NO.2 TO THE EIR: RESOLUTION NO. 2004-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING ADDENDUM NO. 2 TO THE ALBERHILL RANCH SPECIFIC PLAN FINAL ENVIRONMENTAL IMPACT REPORT. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE VESTING TENTATIVE TRACT MAPS 28214 AND 30836, BASED Page Thirteen — City Council Minutes — January 13, 2004 ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS Addendum No. 2 To Final Alberhill Ranch Specific Plan EIR 1. The Addendum No. 2 EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and are complete and adequate in its evaluation of all environmental effects of Vesting Tentative Tract Map Nos. 28214 and 30836 and associated discretionary approvals. Vesting Tentative Tract Map Nos. 28214 and 30836 and associated discretionary approvals will not result in any significant and unavoidable impacts with implementation of mitigation measures. 2. The proposed vesting tract maps 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 vesting tract maps do not have the potential to adversely affect humans, either directly or indirectly. 4. The City Council finds that the Addendum No. 2 EIR is complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. 5. The Addendum No. 2 EIR and the records of the proceedings upon which this decision is based, are and will be on file with the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, California 92530. Vesting Tentative Tract Map No. 28214 1. VTTM No. 28214, together with the provisions for its design and improvement, is consistent with the General Plan and the Murdock Alberhill Ranch Specific Plan. 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 that VTTM No. 28214 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. Page Fourteen — City Council Minutes — January 13, 2004 3. The design of VTM No. 28214 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) Vesting Tentative Tract May No. 30836 1. VTTM No. 30836, together with the provisions for its design and improvement, is consistent with the General Plan and the Murdock Alberhill Ranch Specific Plan. 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 that VTTM No. 30836 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. 3. The design of VTM No. 30836 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) CONDITIONS OF APPROVAL - VESTING TENTATIVE TRACT MAP NO. 28214 PLANNING DIVISION General Conditions 1. Vesting Tentative Tract Map No. 28214 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Plan Description, Specific Plan Regulations, Specific Plan Design Element, and Specific Plan Implementation Sections as contained in the 1992 Murdock Alberhill Ranch Specific Plan document, and conditions of approval established with the 1989 Alberhill Ranch Specific Plan and the 1992 Murdock Alberhill Ranch Specific Plan. 3. Vesting Tentative Tract Map No. 28214 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Page Fifteen — City Council Minutes — January 13, 2004 Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement, dated January 4, 1992. 5. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project- related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document. 7. The applicant shall implement those mitigation measures identified in the 1989 Final Alberhill Ranch Specific Plan EIR, 1992 Addendum No. 1 to the Final Alberhill Ranch Specific Plan EIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan EIR. 8. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Murdock Alberhill Ranch Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Page Sixteen — City Council Minutes — January 13, 2004 11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall revise the Draft Addendum No. 2 EIR, per comments from the City Attorney, prior to City Council certification of the document. Prior to Final Tract Map Approval 13. All lots shall comply with applicable standards contained in the Murdock Alberhill Ranch Specific Plan document, LEMC, or Zoning Code. 14. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). Prior to Desi ,-n Review Approval 18. All future structural development associated with the Murdock Alberhill Ranch Specific Plan and VTTM No. 28214, including building designs, landscaping improvements, site plans, etc. require separate Design Review approval. Prior to Gradinz Permit Issuance 19. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the Murdock Alberhill Ranch Specific Plan document. Page Seventeen — City Council Minutes — January 13, 2004 21. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 22. Grading easements shall be coordinated with affected property owners. 23. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 24. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 25. The applicant shall pay all appropriate traffic impact mitigation fees. 26. The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics. 27. Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC &Rs). At a minimum, the CC &Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, and drainage easements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. 28. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in Page Eighteen — City Council Minutes — January 13, 2004 regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 29. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33. Pay all applicable fees including park fees. 34. The applicant shall provide connection to public sewer for each lot within any i subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire VTTM No. 28214 area. 36. Prior to issuance of building permits for each future tract, the applicant (merchant builder) for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along all boundaries for the particular tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. Page Nineteen — City Council Minutes — January 13, 2004 37. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and /or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41. A bond is required guaranteeing the removal of all trailers used during construction. 42. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. ENGINEERING DIVISION 43. 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. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). The applicant shall pay the City's traffic mitigation fee of $1,197 per unit at building permit and the drainage fee is $7,645 per acre (Rice Cyn Distr) and some areas are $5,380 per acre (Nichols St. SW Distr.). 45. 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. 46. 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). 47. 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). Page Twenty — City Council Minutes — January 13, 2004 48. 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. 49. Desirable design grade for local streets should not exceed 9.5 %. The maximum grade of 15% should only be used because of design constraints. 50. The landscaped median in Lake Street and Nichols Road shall be 14 ft. wide and not 24 feet. 51. The intersection of Street II with Collector A shall be eliminated and Street II shall end in a cul -de -sac at Collector A. Street II shall connect to Street GG or Street JJ just south of Collector A. 52. The intersection of Collector A and Street C shall be relocated south and should be opposite H Street. 53. Collector "A" shall have a minimum horizontal radius of 650 feet and the minimum design speed shall be 35 mph. 54. Terra Cotta Road shall have a 90 ft. Right -of -way, 70 ft. curb to curb and a 14 ft. painted median not a raised landscaped median. 55. Nichols Road shall have a 120 ft. right -of -way, 96 ft curb to curb and a 14 ft. raised landscaped median. 56. Lake Street shall have a 120 ft. right -of -way, 96 ft. curb to curb and a 14 ft. raised landscaped median. 57. Dual lefts may be required on Lake St. at Nichols Road, this section of Lake St. shall have the R/W increased 12 ft. with appropriate tapers installed. 58. Provide an in -lieu fee of $ 87,360.00 for half the landscaping in a raised landscaped median for Lake St. and Nichols Road. 59. Applicant shall pay a fee for reconstructing the existing ultimate half street width of Nichols Road and Lake St. to the ultimate full street width along the tract boundary, the amount for reconstruction subject to the approval of the City Engineer. 60. Pay all fees and meet requirements of encroachment permit issued by the Engineering Page Twenty -One — City Council Minutes — January 13, 2004 Resolution 83 -78). 61. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 62. The applicant shall install 3 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 63. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 64. 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. 65. Provide fire protection facilities as required in writing by Riverside County Fire. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68. 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. 69. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 70. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 71. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is Page Twenty -Two — City Council Minutes — January 13, 2004 substantially modified as determined by the City Engineer. 72. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 73. An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 74. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 76. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and _ obstructions ". 77. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 78. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 79. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 80. 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. 81. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. Page Twenty -Three — City Council Minutes — January 13, 2004 82. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 83. Any concentration or diversion of drainage which increases flow from the pre - construction conditions requires a drainage acceptance letter from the downstream property owners for outletting the proposed stormwater run -off on private property. 84. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 85. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 86. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 87. 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. 88. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 90. 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. 91. The landscaping in the median and parkway on Collector A shall be analyzed by a traffic or civil engineer to insure that the sight distance meets Caltrans Design Manual criteria. Page Twenty -Four — City Council Minutes — January 13, 2004 92. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 93. No residential lot shall front and access shall be restricted on Collector A, Nichols Road, and Lake Street and so noted on the final map. 94. If right -of -way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right -of- way. 95. Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motorhomes, trailer, and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 96. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space. 97. Developer shall provide an approved open space conservation easement dedicated to the HOA for the tracts' open space with a fuel modification zone for a fire break to be �. maintained by a homeowner's association. 98. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 99. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way will be owned and maintained by either a home owner's association or private property owner. 100. 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. 101. The phasing plan in the project's traffic study does not match that shown on Tentative Tract Map 28214. The traffic study's phasing plan shall be used in the conditions of approval. There shall be no C of O in Phase 2 until Phase 1 offsite infrastructure has been completed. There shall be no C of O in Phase 3 until Phase 2 offsite infrastructure has been completed. Page Twenty -Five — City Council Minutes — January 13, 2004 102. The mitigation measures noted in the traffic study from page 1 -5 through page 1- 13 (attached) shall be incorporated into these conditions and are modified, refined, corrected and /or added as follows. In the event of unforeseen circumstances beyond the control of the developer, the CDD has the option of extending the C of O threshold for each Phase. Phase 1 Improvements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 2401h C of O. • Lake Street and the north/southbound ramps, the improvements shall be completed by the 240th C of O. • Lake Street and Temescal Canyon Road, the improvements shall be completed by the 240th C of O. • Lake Street and Collector "A ", the improvements shall be completed by the 240th CofO. • Lake Street and Mountain Street, the improvements shall be completed by the 240th C of O. Phase 2 Improvements • Lake Street curves, north of the curve improved in Phase 1, shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 464th C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 ft. of R/W to accommodate a 1,750 ft. radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a reconstruction replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 464th C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. Page Twenty -Six — City Council Minutes — January 13, 2004 • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 464th C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2- lane divided road including 2 -lane bridge over Alberhill Creek by the 464th C of O of Phase 2. • Developer shall work with the City on a design to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. • Nichols Road and the northbound I -15 ramps, construct a traffic signal by the 464th C of O of Phase 2. • Nichols Road and the southbound I -15 ramps, construct a traffic signal by the 464th C of O of Phase 2. • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A ". .�. • Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. Phase 3 Improvements • Lake Street from I -15 Freeway to Nichols Road, construct interim 4 -lane section by the 650th C of O of Phase 3. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the 1St C of O in lot 974. • Lake Street and I -15 Freeway SB- ramps, install NB right turn lane by 650th C of O of Phase 3. • Collector "A" and Nichols Road construct traffic signal by the 650th C of O of Phase 3. Page Twenty -Seven — City Council Minutes — January 13, 2004 • "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the school site or by the 100th C of O of Tr. 30836, whichever is first. • Collier Avenue and Nichols Road, construct intersection improvements by the 65Wh C of O of Phase 3. CONDITIONS OF APPROVAL - VESTING TENTATIVE TRACT MAP NO. 30836 PLANNING DIVISION General Conditions 1. Vesting Tentative Tract Map No. 30836 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Plan Description, Specific Plan Regulations, Specific Plan Design Element, and Specific Plan Implementation Sections as contained in the 1992 Murdock Alberhill Ranch Specific Plan document, and conditions of approval established with the 1989 Alberhill Ranch Specific Plan and the 1992 Murdock Alberhill Ranch Specific Plan. 3. Vesting Tentative Tract Map No. 30836 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Murdock Alberhill Ranch Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the Murdock Alberhill Ranch Development Agreement, dated January 4, 1992. 5. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 6. The applicant shall provide all project - related onsite and offsite improvements as described in the Murdock Alberhill Ranch Specific Plan document. 7. The applicant shall implement those mitigation measures identified in the 1989 Final Page Twenty -Eight — City Council Minutes — January 13, 2004 Alberhill Ranch Specific Plan EIR, 1992 Addendum No. 1 to the Final Alberhill Ranch Specific Plan EIR, and the 2003 Addendum No. 2 to the Final Alberhill Ranch Specific Plan EIR. 8. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Murdock Alberhill Ranch Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to WMW defend, indemnify, or hold harmless the City. 10. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11. The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall revise the Draft Addendum No. 2 EIR, per comments from the City Attorney, prior to City Council certification of the document. Prior to Final Tract Man Approval 13. All lots shall comply with applicable standards contained in the Murdock Alberhill Ranch Specific Plan document, LEMC, or Zoning Code. 14. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. Page Twenty -Nine — City Council Minutes — January 13, 2004 15. Street names within the subdivision shall be approved by the Community Development Director or Designee. 16. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17. Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). Prior to Design Review Approval 18. All future structural development associated with the Murdock Alberhill Ranch Specific Plan and VTTM No. 30836, including building designs, landscaping improvements, site plans, etc. require separate Design Review approval. Prior to Grading Permit Issuance 19. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 20. Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the Murdock Alberhill Ranch Specific Plan document. 21. Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 22. Grading easements shall be coordinated with affected property owners. 23. Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 24. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are Page Thirty — City Council Minutes — January 13, 2004 required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 25. The applicant shall pay all appropriate traffic impact mitigation fees. 26. The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics. 27. Prior to approval of the Final Map or if deemed appropriate by the City Engineer, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC &Rs). At a minimum, the CC &Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, mow recreational areas, walkways, and drainage easements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. 28. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 29. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 31. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Page Thirty -One — City Council Minutes — January 13, 2004 32. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33. Pay all applicable fees including park fees. 34. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire VTTM No. 28214 area. 36. Prior to issuance of building permits for each future tract, the applicant (merchant builder) for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along all boundaries for the particular tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 37. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38. The applicant shall meet all requirements of the providing electric utility company. 39. The applicant shall meet all requirements of the providing gas utility company. 40. The applicant shall meet all requirements of the providing telephone utility company. 41. A bond is required guaranteeing the removal of all trailers used during construction. Page Thirty -Two — City Council Minutes — January 13, 2004 42. Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. ENGINEERING DIVISION 43. 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. 44. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). Applicant shall pay the City's traffic mitigation fee of $1,197 per unit and the drainage fee is $7,645 per acre (Rice Cyn Distr) and some areas are $5,380 per acre (Nichols St. SW Distr.). 45. 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. 46. 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). 47. 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). 48. 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. 49. Desirable design grade for local streets should not exceed 9.5 %. The maximum grade of 15% should only be used because of design constraints. 50. The landscaped median in Nichols Road shall be 14 ft. wide not 24 feet. 51. D Street shall have a right -of -way of 70 ft. with 50 ft. curb to curb to provide for a continuous left turn median. 52. If sight distance at B Street and G Street cannot meet Caltrans Design Manual criteria, then B Street shall end in a cul -de -sac and there shall be a connection between B Street and C Street just south of G Street. Page Thirty -Three — City Council Minutes — January 13, 2004 53. Nichols Road shall have a 120 ft. right -of -way, 96 ft. curb to curb, and a 14 ft. raised landscaped median. 54. 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). 55. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 56. The applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 57. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval or grading permit which ever occurs first. 58. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 59. Provide fire protection facilities as required in writing by Riverside County Fire. 60. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 61. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 62. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 63. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. Page Thirty -Four — City Council Minutes — January 13, 2004 64. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 65. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 66. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 68. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 69. 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. 70. 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 ". 71. 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. 72. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 74. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Page Thirty -Five — City Council Minutes — January 13, 2004 Engineer. 75. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 76. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 77. Any construction or diversion of drainage which increases flow from the pre - construction conditions requires a drainage acceptance letter from the downstream property owners for outletting the proposed stormwater run -off on private property. 78. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 79. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 80. 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. 81. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 82. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from this development. 83. 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. Page Thirty -Six — City Council Minutes — January 13, 2004 84. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 85. Developer shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the City Engineer. 86. No residential lot shall front and access shall be restricted on Nichols Road, G Street and A Street and so noted on the final map. 87. If right -of -way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right -of- way. 88. 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. 89. The phasing plan in the project's traffic study does not match that shown on Tentative Tract Map 28214. The traffic study's phasing plan shall be used in the conditions of approval. There shall be no C of O in Phase 2 until Phase 1 offsite infrastructure has been completed. There shall be no C of O in Phase 3 until Phase 2 offsite infrastructure has been completed. 90. The mitigation measures noted in the traffic study from page 1 -5 through page 1 -13 (attached) shall be incorporated into these conditions and are modified, refined, corrected and/or added as follows. In the event of unforeseen circumstances beyond the control of the developer, the CDD has the option of extending the C of O threshold for each Phase. Phase 1 Improvements • Lake Street curve alignment improvement north of Coal Road shall have a minimum design speed of 55 mph and a minimum radius of 1,750 feet and be completed by 240th C of O. • Lake Street and the north/southbound ramps, the improvements shall be completed by the 2401h C of O. Page Thirty -Seven — City Council Minutes — January 13, 2004 • Lake Street and Temescal Canyon Road, the improvements shall be completed by the 2401h C of O. • Lake Street and Collector "A ", the improvements shall be completed by the 2401h C of O. • Lake Street and Mountain Street, the improvements shall be completed by the 24th Certificate of Occupancy (C of O). Phase 2 Improvements • Lake Street curves, north of the curve improved in Phase 1, shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius by the 464th C of O of Phase 2. • Lake Street interim roadway improvements may be reduced to 62 feet of R/W to accommodate a 1,750 -foot radius. Interim roadway improvements may include a super elevation design to be approved by the City Engineer and shall include a replacement cost. • Lake Street from Nichols Road to Mountain Street, the improvements shall be completed by the 464th C of O of Phase 2. The curves shall be realigned and improved to a design speed of 55 mph minimum and 1,750 foot minimum radius. • Nichols Road from Lake Street to Terra Cotta, construct at ultimate half section by the 464th C of O of Phase 2. • Construct Nichols Road from Terra Cotta Road to Collier Avenue as an interim 2- lane divided road including 2 -lane bridge over Alberhill Creek by the 464th C of O of Phase 2. • Developer shall work with the City on design to realign Collier Avenue at Nichols Road to the west away from the freeway allowing more storage for entry to the freeway ramps. • Nichols Road and the northbound I -15 ramps, construct a traffic signal by the 464th C of O of Phase 2. • Nichols Road and the southbound I -15 ramps, construct a traffic signal by the 464th C of 0 of Phase 2. Page Thirty -Eight — City Council Minutes — January 13, 2004 • Nichols Road and Lake Street, signal and widening improvements shall be completed when Nichols Road is extended to Collector "A ". • Install pedestrian walkway along southerly side of Nichols Road from Terra Cotta Road to "A" Street in Tract 30836 as soon as Nichols is extended to Tract 30836. Phase 3 Improvements • Lake Street from I -15 Freeway to Nichols Road, construct interim 4 -lane section by the 650th C of O of Phase 3. • Complete Nichols Road from the project TAZ 4 west boundary to the project TAZ 4 east boundary to its ultimate full section prior to the last C of O for Lot 974. • Terra Cotta Road from Nichols Road to south project boundary, construct by the first C of O in lot 974. • Lake Street and I -15 Freeway SB- ramps, install NB right turn lane by 650th C of O of Phase 3. • Collector "A" and Nichols Road construct traffic signal by the 650 C of O of Phase 3. • "A" Street of Tr. 30836 and Nichols Road, construct a traffic signal before occupancy of the school site or by the 100th C of O of Tr. 30836, whichever is first. • Collier Avenue and Nichols Road, construct intersection improvements by the 650th C of O of Phase 3. The public hearing was closed at 8:20 p.m. 22. Public Hearing - Authorizing the Issuance of Bonds and Approving Bond Documents; Formation of CFD 2003 -2 (Canyon Hills); Calling A Special Election; Canvassing Election Results; and Authorizing Lew of Special Taxes - Resolution No. 2004 -5 thru 2004 -8 & Ordinance No. 1114. (F:22.3) Administrative Services Director Pressey noted that the applicant was present to address this item as well. He explained that this was the public hearing for the issuance of bonds and formation of the District. He further explained that there ... Page Thirty -Nine — City Council Minutes — January 13, 2004 would be an election and canvass of the votes. He explained that the Canyon Hills agreement, called for the establishment of a service CFD for the fire station operation costs, and a CFD for the fire station and other facilities including streets, parks, storm drains, EVMWD facilities and fees; and for the issuance of bonds for the improvement area. He detailed the recommendation, and noted that Harris & Associates had prepared the report. He explained the proposed district and noted that the public facilities would be financed for Phases 2 through 5 of the development. He further explained that there was a joint CFD agreement with the City, EVMWD and Pardee for financing through the bonds. He also explained that financing on any issuance could not exceed 2 %, and the estimated tax rate on this issue was 1.85 %. He advised that this was a land tax which would apply to all properties in the development, which would benefit from the infrastructure; and noted that the City would be faced with the long term impact of maintaining streets and other public facilities. He detailed the recommendations and the procedure for the public hearing. Mayor Buckley opened the public hearing at 8:26 p.m. asking those persons interested in this item to speak. There were no requests to speak. City Treasurer Weber addressed the map of Area A and noted the bonds were at an interest rate of 6.75 %. Administrative Services Director Pressey clarified that in the current market, as of today, the bonds could yield on a 30 year issuance about 6.5 %. City Treasurer Weber questioned the proposed commercial section on Railroad Canyon Road, and where the Vons and other commercial development would be. Mr. Pressey indicated that it was not distinguishable on the map. Mr. Weber commented that no money for the district would come from the commercial aspect. John Yeager, Legal Counsel for Pardee, indicated that the commercial piece was not in the first phase, but Area A had been graded for homes and condominiums. He clarified the improvement Area B would include the commercial development, as Area A was all residential. Jim Stringer, representing Pardee, further clarified the area to be funded by this issuance. Councilman Hickman inquired if the total was up to $88 million or $65 million; and questioned the City's liability on the district. Mr. Pressey clarified that the City had an administrative responsibility to monitor the district, but it was not an obligation of the City or its agencies. Councilman Hickman questioned how often this issuance could be refinanced. City Manager Watenpaugh questioned the call to defease the bonds, and when that could first come up. Rod Gunn, Financial Advisor indicated that was a two part question, as it could be refunded at any point in time that would make financial sense. He clarified that there was a ten Page Forty — City Council Minutes — January 13, 2004 year call protection for the owners of the bonds, so part of the feasibility if refunded next year would put money in the bank for the next nine years, for call in the 10'h year. He explained the potential loss with such a scenario, and noted that the economic reality was closer to ten years. Councilman Hickman questioned the opportunity for homeowners to prepay their taxes when they buy the home. Mr. Gunn indicated that homeowners could prepay their taxes at any time, including when they buy the home. Councilman Hickman questioned the difference between Marks -Roos and Mello -Roos. Mr. Gun indicated that it was a matter of specific provisions in the CFD. Mayor Buckley further clarified the ability to prepay the special taxes. Mr. Gunn indicated that the option should be offered at the time of sale of the home. City Treasurer Weber indicated that he was not told that when he bought his him in April. Mr. Gunn further clarified the total tax per unit, special taxes and the CFD. He noted that a lot of the City's policies on bonds came from the City's experience, nearly a decade ago. Councilman Hickman indicated that the report was very interesting, in that there was a decline of 1.5% in population in 2001. Mr. Gunn confirmed, noting that in the late nineties, building in Riverside County i virtually stopped. City Treasurer Weber questioned the fees paid for the District. Mr. Gunn indicated that the total fee for $12 million, was between $250,000 and $300,000. Mr. Weber commented that the City used the same group all the time and go through the same motions, and questioned if there was a discount. Mr. Gunn noted that there had been issues in Lake Elsinore for the past eight years, making each issuance different. City Manager Watenpaugh noted that there would be a workshop later in the week to clarify those issues. There was further discussion of the City fees and possible reimbursements to the City from the District. Mr. Gunn noted that the City had come a long way in restoring the public confidence in its bonds. Councilman Magee noted the Harris Report on the fire station, and questioned if this would fund the vehicles and equipment. City Manager Watenpaugh indicated that this was the cost for the fire station, but questioned equipment for the station and vehicles for the cost. Dennis Anderson, representing Harris & Associates, indicated the costs incorporated in the district were received from the developer for operations and maintenance only. Councilman Magee noted page 3 relating to mom Page Forty -One — City Council Minutes — January 13, 2004 operation/maintenance of the equipment, and questioned the funding for the equipment. Mr. Yeager indicated that the District would fund construction and equipment in the first bond issues; and it was also already set up with the CFD for public safety services to fund the maintenance. Councilman Magee questioned the 300 unit CFD for the equipment and vehicles. Mr. Yeager indicated the cost estimate included a truck. City Manager Watenpaugh clarified that the Council was looking for the dollars for the fire engine; noting that Station 85 cost more than was originally planned. Councilman Magee inquired if the additional funding would have to come from the general fund. City Manager Watenpaugh confirmed that it would either be from the general fund or the development agreement fees. Mayor Buckley closed the public hearing at 8:45 p.m. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-5: RESOLUTION NO. 2004-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE ISSUANCE OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) SPECIAL TAX BONDS (IMPROVEMENT AREA A) 2004 SERIES A AND THE EXECUTION AND DELIVERY OF A FISCAL AGENT AGREEMENT, A CONTINUING DISCLOSURE AGREEMENT, A PURCHASE CONTRACT, AND AN OFFICIAL STATEMENT AND APPROVING A PRELIMINARY OFFICIAL STATEMENT IN CONNECTION THEREWITH. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-6: RESOLUTION NO. 2004-6 A RESOLUTION OF FORMATION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS AND ESTABLISHING CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS). Page Forty -Two — City Council Minutes — January 13, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-7: RESOLUTION NO. 2004-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNTS NOT TO EXCEED $14,000,000, $37,000,000, $13,000,000 AND $24,000,000 WITHIN IMPROVEMENT AREA A, IMPROVEMENT AREA B, IMPROVEMENT AREA C AND IMPROVEMENT AREA D, RESPECTIVELY, OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS) AND CALLING A SPECIAL ELECTION. THE CITY COUNCIL MEETING WAS PAUSED FOR TABULATION OF THE BALLOTS. THE CITY COUNCIL MEETING CONTINUED WITH CITY CLERK/HUMAN RESOURCES DIRECTOR KASAD REPORTING UNANIMOUS SUPPORT IN THE BALLOTS CAST FOR FORMATION OF THE DISTRICT. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-8: RESOLUTION NO. 2004-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (CANYON HILLS). MOVED BY BUCKLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1114, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1114 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AUTHORIZING THE LEVY OF A PUBLIC SAFETY SPECIAL TAX AND A SPECIAL TAX. Page Forty -Three — City Council Minutes — January 13, 2004 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Contribution to LEMSAR - $2,500. (F:30. 1)(X:92. 1)(X: 127. 1) Lake & Aquatic Resources Director Kilroy noted that the Lake lost a good friend, with the passing of Les Cameron, and commented that he would be sorely missed. He explained this item which would support the volunteer, non - profit organization in support of the Sheriff's Department, lake patrol. He indicated that this contribution would support their fuel account. Planning Commissioner Uhlry indicated that he got answers to some of his original questions; but questioned when the matter first came to council for funding, suggesting that it was for the purchase of equipment and fuel and out -of- pocket expenses. He questioned the funding for fuel and the past use of credit cards. He further questioned the reason for the six month allocation. Councilman Magee asked what the impact would be if the $2,500 was not funded. Mr. Kilroy indicated that the lack of support by the City could have a big impact on the group. He explained that if LEMSAR were to disband, the lake could not be operated at an acceptable level. City Treasurer Weber questioned how much was in their account right now. Gil Lerma, Commander of LEMSAR responded that there was very little, if any; noting that they had held off on equipment purchases. Councilman Magee questioned the impact no funding would have on the summer season. Mr. Lerma indicated that the members might fund themselves as they had done in the past. He further indicated that it was not mandatory, but would help to maintain the safety equipment and provide fuel for emergency call outs. He noted that they Page Forty -Four — City Council Minutes — January 13, 2004 spent their own money for general patrol, but this funding was used for equipment such as first aid, fire extinguishers and life jackets. Mayor Pro Tern Kelley commented that LEMSAR provides a wonderful service for Lake Elsinore and indicated that this commitment would not make a difference in spite of the State budget. She expressed support for this funding. Councilman Schiffner commented that LEMSAR has provided a very valuable service for many years; and were only recently assisted with their expenses. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONTRIBUTION OF $2,500 TO L.E.M.S.A.R. FOR SUPPORT OF THEIR VOLUNTEER ACTIVITIES THAT SUPPLEMENT A SAFE BOATING EXPERIENCE ON LAKE ELSINORE. 32. Acceptance of Planning Commission Resignation & Advertisement for Applications. (F:60.2) Mayor Buckley announced the resignation of Commissioner Nash from the Planning Commission; and noted that his term and the terms of Commissioners Barnes and Matthies would be ending in June of this year. He suggested filling the vacancy immediately, with the proviso that the appointee would have to reapply like everyone else if they are interested in continued service. He further suggested directing staff to start on May lst to collect applications for the three open seats. Councilman Schiffner indicated that under those circumstances he would agree to someone being appointed on an interim basis. Mayor Buckley recommended appointment of Michael O'Neal to the vacant seat. Mayor Pro Tern Kelley requested clarification that this was temporary, and the process would continue with interview and a public advertisement. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE RESIGNATION OF COMMISSIONER NICK NASH AND APPOINT MICHAEL O'NEAL TO FILL THE VACANT SEAT UNTIL THE RECRUITMENT AND INTERVIEW PROCESS ARE COMPLETED FOR JUNE, 2004. Page Forty -Five — City Council Minutes — January 13, 2004 Mayor Buckley reiterated that advertising would begin on May 1St, and run through the end of May, with two people to interview the applicants. Mayor Pro Tem Kelley noted that last time two Councilmembers and the Planning Commission Chairman participated in the last process and it was very well received. Planning Commission Chairman LaPere presented letters for the Council and expressed that as many people as possible could be involved in the process. He requested that Mayor Buckley participate with himself and another Councilmember in the interview process. He noted that he had provided a page of questions to be asked of the applicant for the Commission. Mayor Buckley clarified that the Council consensus would be to do a complete interview process. 33. Joint Use/Field Lighting Purchase - Lake Elsinore Unified School District. (F:142.1) City Manager Watenpaugh indicated that the School District had requested that this item be pulled and not addressed. 34. Public Safety Commission. (F:127.1)(X:59.1) Mayor Buckley noted that the Commission was created in 1984 and functioned until 1987; however it was still on the books and the Council was able to appoint people to the Commission. He noted the staff report and indicated that he felt it was a good idea to hold a joint City Council /Public Safety Commission meeting; and commented that Sheriff Doyle was in favor of the reinstitution of the Commission. He explained that it was an opportunity to connect the community to the law enforcement and fire representatives. He commented that the community was changing and this was a very important component. He suggested that the Commission could also be tasked with Disaster Preparedness, and work in concert with the local public safety professionals. He indicated that he would like to appoint the Commission tonight and set a meeting the last week in January as a joint study session with the Commissioners, so the Council could set priorities and the Commission could move forward. Councilman Schiffner suggested postponing the appointments, until the Council could have a study session to discuss the details and get input from the public. Mayor Pro Tem Kelley addressed the Municipal Code and indicated that what was done in the 1980's was no longer appropriate. She suggested that there appeared to be a conflict between the purpose of the Commission and the Council's policy. Page Forty -Six — City Council Minutes — January 13, 2004 She noted that there was also a lack of clarity with regard to compensation, appointments, etc.; and concurred that a study session would be appropriate so the Council could decide on the goals, objectives, appointments, and talk with the police and fire chief, since the Code requires that they attend meetings. She stressed the need for revisions before the Commission moved forward. She commented that she would assume each Councilmember could appoint a member to the Commission, and indicated that she was not prepared to make an appointment this evening, as the objectives are not clear. She stressed the need for a study session. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO SET A STUDY SESSION PRIOR TO REESTABLISHING THE PUBLIC SAFETY COMMISSION. Mayor Buckley questioned if the study session should be joint or Council alone. Councilman Magee noted that there was opposition to this formation in July, 2002; as well as opposition from the Police Chief. He noted that he had significant reservations with the policy and indicated that he was not prepared to name an appointee at this time. He concurred that the study session was a good •.. idea, and suggested that it occur soon. He indicated that while the Municipal Code section needed to be modified, he was strongly in favor of a Public Safety Commission. He commented on events in his neighborhood and indicated that his neighbors banded together with a Community Resources Officer to put people in jail. He stressed that the Commission could provide assistance to neighborhoods and the law enforcement professionals. He reiterated that while he strongly supported the Commission, he agreed that the policy matters needed serious work. Chris Hyland, 15181 Wavecrest, indicated that the reestablishment of the Commission was a great idea. She commented that the Neighborhood Watch in her area was very accommodating to the neighbors in her area. She suggested that it would only enhance the coverage; noting that it was not always possible to get an answer right away, from the Police Department. She expressed support for this action. Edith Stafford, 29700 Hursh, indicated that she knew how the Commission got started and commented on a problem tenant. She indicated that in her own experience, people were afraid to report things; but detailed an incident in which ... Page Forty -Seven — City Council Minutes — January 13, 2004 Mayor Buckley indicated that he would support the motion if it included setting the study session in the last week of January. Councilman Schiffner commented that the two speakers were discussing a neighborhood patrol and that was not the proposal before Council. He clarified the intent of this item, but noted that he was in favor of Neighborhood Watch, under the Police Department. THE FOREGOING MOTION FOR A STUDY SESSION, AMENDED TO BE HELD IN THE LAST WEEK OF JANUARY, CARRIED BY UNANIMOUS VOTE. 35. Design Review for Industrial Project No.2003 -01 "Pasadena Business Park II ". (F:86.2) Community Development Director Brady detailed this request and noted the location. He indicated that it would include 15 industrial buildings for about 104,100 square feet. He detailed the construction and amenities to be provided, and noted that staff had worked to reduce the impacts to the streetscape, by changing the parking area for better curb appeal. Councilman Magee questioned Condition No. 44 and requested clarity on 3rd Street, noting that it was not paved and did not touch this development. He questioned the nexus for paving %s of the street. Community Development Director Brady clarified that they were conditioned and bonded for those improvements, but the condition wsa modified by the Planning Commission at the request of the applicant. He noted that the concern was that the cost of putting in part of the road would be greater than the whole road, so an in -lieu fee was approved, so the road could be completed all at once; and the applicant agreed to that condition. Councilman Magee further questioned the bonding for the two properties up stream toward Collier. Mr. Brady clarified the agreement for %2 street improvements. Councilman Schiffner inquired if there were more properties on the same side of the channel. Mr. Brady indicated that they were in the same situation as this property and clarified the property location vs. the channel location. Councilman Schiffner noted that it was unusual that they would be required to improve a property with no benefit or access to them. Mr. Brady clarified the connection of Pasadena Street to Third Street and the future developments which would generate traffic. Page Forty -Eight — City Council Minutes — January 13, 2004 Councilman Hickman inquired if this project was paying into the interchange at Central for $162,000, or their fair share. Mr. Brady indicated that they were paying the fee and paying the traffic impact fee, based on the square footage. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 2003-01, BASED ON THE FOLLOWING FINDINGS AND THE EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. DESIGN REVIEW FINDINGS 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. The proposed Industrial Design Review located at APN 377 - 151 -057 complies with the goals and objectives of the General Plan, in that the approval of these industrial business park will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversi Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN 377 - 151 -057 is appropriate to the site and surrounding developments in that the proposed industrial business park has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN 377 - 151 -057, has been reviewed and conditioned by all applicable City Divisions and Departments and Agencies, and will not have a significant effect on the environment pursuant to Mitigated Negative Declaration No. 2002 -03 adopted by the City Council. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at APN 377 - 151 -057 has been scheduled for consideration and approval of the Planning Commission. Page Forty -Nine — City Council Minutes — January 13, 2004 CONDITIONS OF APPROVAL — DESIGN REVIEW 12003-1 PLANNING DIVISION 1. Design Review approval for Industrial Project No. 1 2003 -01 and Conditional Use Permit No. 2003 -18 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 improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets including Collier Avenue. Any material covering the roof equipment shall match the primary wall color. 6. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 7. All loading zones shall be clearly marked with yellow striping and shall meet City Standards. Page Fifty — City Council Minutes — January 13, 2004 ow 8. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 9. The applicant shall construct a 6 foot decorative masonry wall along the southwestern boundary. The exterior surface of the decorative wall shall be coated with an anti - graffiti material. 10. Six foot opaque gates shall be required at the entrance of each outdoor storage area. 11. 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. 12. No exterior roof ladders shall be permitted. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All exterior downspouts shall be painted to match with building exterior color. 15. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 17. On -site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 19. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. 20. Any roof mounted equipment shall be screened from the pubic right -of -way. Ground mounted electrical equipment shall be screened with landscaping materials. PRIOR TO BUILDING /GRADING PERMITS 21. Prior to issuance of any grading permit or building permits, the applicant shall sign Page Fifty -One — City Council Minutes — January 13, 2004 and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 22. A Sign Program shall be submitted for review and approval by the Planning Commission prior to building permits. 23. Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 24. 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. --. 25. 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 Page Fifty -Two — City Council Minutes — January 13, 2004 approval /acceptance by the Landscape Consultant and Community Development Director or Designee. 26. 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. 27. Final landscape plan must be consistent with approved site plan. 28. Final landscape plans to include planting and irrigation details. 29. 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. 30. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 31. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 32. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION 33. All 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. 34. Dedicate a 20 ft. wide strip of additional street right -of -way along the frontage of Pasadena St. to the City prior to issuance of building permit. 35. Dedicate a 30 ft. wide strip of additional street right -of -way along the frontage of Crane St. to the City prior to issuance of building permit. 36. Dedicate additional right -of -way for a standard corner cutback for the future curb return at the westerly corner of the lot. Page Fifty -Three — City Council Minutes — January 13, 2004 37. All buildings shall have direct access to public right -of -way or to be provided with minimum 30 foot ingress and egress easement to public right -of -way by separate instrument or with recordation of a final map and met condition for CC &R's. 38. The ingress and egress easements width and turning radii must be approved by the County Fire Dept. prior to building permit. 39. Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 40. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26). The traffic mitigation fee is $73,589 and the drainage fee is $53,805. 41. 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. 42. 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). 43. 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). 44. Developer shall construct half street improvements on Third Street as part of this development, or pay an in -lieu fee for the construction of those half street improvements. 45. Developer shall construct half street improvements on Crane St. plus one 10 ft. wide travel lane. 46. The applicant shall furnish a signing and striping plan for Pasadena St. and Crane St. Avenue, subject to the approval of the City Engineer. 47. 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. Page Fifty -Four — City Council Minutes — January 13, 2004 48. The driveway aisles should be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on -site storage for entering vehicles. 49. All 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. 50. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 51. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 52. Applicant to provide erosion control measures as part of their grading plan. The am 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. 53. 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. 54. Provide fire protection facilities as required in writing by Riverside County Fire. 55. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 56. 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. 57. All 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. Page Fifty -Five — City Council Minutes — January 13, 2004 58. 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. 59. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 60. Meet all requirements of LEMC 15.68 regarding floodplain management. Over half this site is in FEMA flood zone AE and the finish floor elevation must be at or above the Base Flood Elevation. Most building must have their floor elevations above an elevation of 1263 ft. and some building must be above 1264 feet. Some of the site is in flood zone AO and the floor elevation must at least one foot above the adjacent grade. 61. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 62. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 63. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 64. The applicant shall record a CC &R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC &R shall be approved by the Community Development Director and shall be recorded prior to building permit. 65. 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. 66. Education guidelines and Best Management Practices (BMP) shall be provided to building occupants of the development for outdoor storage, vehicle maintenance, building maintenance and landscaping 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. Page Fifty -Six — City Council Minutes — January 13, 2004 67. 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. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:25 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:38 P.M. 36. Consideration Of The Western Riverside County Multispecies Habitat Conservation Plan. (F:76.4) City Manager Watenpaugh reminded the community of the first presentation on this topic on June 24, 2000; and stressed that it had been almost three years in the process. Mayor Buckley requested that everyone keep their comments short and indicated that the three minute rule would be strictly enforced. Pete Dawson, 18010 Grand Avenue, indicated that the big problem with this matter was the disproportionate handling, with big brother deciding the City's destiny. He commented that it was clear that cities like Temecula or Canyon Lake could not be made to retract their development, and questioned how to even this out. He suggested that the proposal require that those who gave up less balanced the program by giving money to assist those who gave up more. He indicated that they would not agree, but it could start a more reasonable plan. Dennis O'Neil, 19900 MacArthur Blvd., Irvine, indicated that no one was sure if the Council would adopt the plan, but noted that they were on record and continued to affirm that Canyon Hills had all of their entitlements and environmental permits. He suggested that if the MSHCP was adopted they would submit that appropriate language should be included to exempt projects such as Canyon Hills from the program. Ron LaPere, 16867 Wells Street, indicated everyone in the audience saw this as a hard spot for the Council, but if it was possible to condition items from the County the City could follow the progress on the implementation. He suggested that the Council was damned either way right now, but should consider written additions to make their position clear to the County and watch to see that development occurred as intended. Page Fifty -Seven — City Council Minutes — January 13, 2004 Carmela Loelkes, 25190 Hancock Ave., Murrieta, expressed trust that the Council would consider adopting the MSHCP, as they had received information in support of the plan. She commented that the small landowners were left out of the plan. She indicated that, as proposed, the plan was not perfect, but it would allow more developable land to be developed. She encouraged the Council to participate and not be left out, as most of the other cities had adopted the plan. Gail Barton, P. O. Box 1929, Fallbrook, thanked the Council for the opportunity to speak and for its cautious consideration. She noted the growth of the County and indicated that the MSHCP preserved open space, allowed for recreation and preserved the beauty of the County. She indicated that as a property owner in the criteria area, she supported the plan, and noted that the benefits outweighed the burdens. She further indicated that she would not want to be a property owner in a city that did not participate. She noted that he property adjoins the Southwest Multi- species Reserve, and her property was threatened by the recent fires, but because of the fire plan in place and the efficient response by the Reserve Manager, the back fires were set on the reserve and the lands outside were protected. She stressed consideration of the positive contributions the plan would make to the future of Lake Elsinore. Donna Franson, 7 Villa Valtelena, indicated that she was a 12 year resident of the City, and Chair of the Citizens for a Better Lake Elsinore. She advised that she had researched this issue for about six months and suggested that by accepting this plan, the Council would approve establishing another bureaucracy costing about $1 billion over the next ten years. She indicated that the City would be sued by property owners, as the plan would have an impact on their ability to build on their property. She noted that they would receive fair value for their property, but not anything close to the potential value if they were to build on their land. She questioned what would happen if the program ran out of funds; and expressed concern that much of the designated land was the most desirable for commercial and high -tech industrial. She suggested that not adopting the plan would save $1 billion, avoid eight pending lawsuits, and encourage business and land developers to provide more business opportunities. She indicated that she would support a reasonable plan, but was against the City being required to provide 7,800 acres. She asked that the Council plan for the future of Lake Elsinore and not adopt the plan. Ed Sauls, The Sauls Company, indicated that he did not envy the Council on this decision, and noted the amount of property impacted in the City. He indicated that solutions had been found to address 6,700 dwelling units in the City and other Page Fifty -Eight — City Council Minutes — January 13, 2004 would be exempted by Development Agreements. He indicated that about 1,200 acres had not been resolved, but there was a willingness to work on solutions. He recommended adoption of the plan, with his study document attached as part of the resolution. He further recommended that the Council decide that the recommendations on the implementation were consistent with the MSHCP, as it would make life easier for the Council and the property owners, and remove uncertainties. He commented that no one was excited about the plan, and everyone would like improvements, but the Board of Supervisors had said that this was the plan. He indicated that the developers were forced to choose the best possible alternative, and after a review of the projects in the City, he would recommend adoption of the plan with specific conditions, such as the inclusion of his report. He commented on a number of general statements regarding the plan and reiterated the concern of Senator Hollingsworth that this was not a voluntary plan, and stressed that it represented about 80% of the undeveloped property in the City. Scott Woodward, resident of Murrieta, indicated that he had built a project here; and suggested that if the council did not approve the plan, it would delay the opportunity to move forward with growth and cause obstacles for building. He commented that it was not the best plan, but it was better than independent action. He indicated that it would protect 148 species for 75 years, and he would hate to see Lake Elsinore left out of the program. Bruce Colbert, representing the Property Owners Association of Riverside County, indicated that he outlined four key concerns on January Yh. He indicated that the first was the potential loss of revenues, which would be far greater than the Measure A funds allocated to the City. He expressed concern that the plan could result in more land being proposed for habitat than the current regulations would require. He expressed further concern that the plan used an arbitrary approach, which was not based on the presence of species. He indicated that the proposed process was more burdensome that what was currently in place, and the plan was written to make the wildlife agencies the ultimate authority. He suggested that there was no reason to participate without some level of certainty. Jeff Drongesen, representing the California Department of Fish and Game, reiterated their support for the plan and assured the Council that they were dedicated to successful implementation of the plan. He indicated that after final approval, the final biological opinions would be finalized. Page Fifty -Nine — City Council Minutes — January 13, 2004 Frans Bigelow, representing Castle & Cooke, indicated that they were always in favor of the concept of the MSHCP, but he could not support this plan without changes. He expressed concern with the loss of local control in land use decisions and the seven step process for permits. He indicated that the biological assessments were not accurate, would impact taxes, and the ultimate judge and jury will be the resource agencies. He stressed that the rules would be based on the written word and not the County's interpretations. He suggested changing the words to reflect with the County says they mean. He suggested that the City should negotiate on the verbiage, while there was still some leverage. Darren Stroud, representing Castle & Cooke, indicated that they submitted a letter earlier which detailed their concerns with the MSHCP, from the legal and practical perspectives. He noted the volume of information provided and stressed that there were major problems with the plan as drafted. He specifically stressed the issues of local control, fiscal impacts and administrative burdens. He asked that the Council not rush into approvals tonight, despite the County deadline, and noted that it was arbitrary and self - imposed by the County. He noted ongoing federal litigation on the biological review, and indicated that even if the litigation was circumvented, the City could not be arbitrarily cut out without additional work. He indicated that Lake Elsinore is the key to the plan with 7,000 acres; and noted the linkages and corridors necessary for the plan. He addressed 14. 1 of the implementing agreement and indicated that the service could not issue permits until all parties have signed the implementing agreement. He indicated that Measure A funds could not be lost or become an issue for five years. He stressed the need to work out the issues and develop a better plan before it is adopted. Ed Fitzpatrick, Eastbridge Partners, indicated that this matter had been discussed for a long time; and noted the impacts of mitigation on the Ramsgate project. He commented that with the adoption of the MSHCP he would have the opportunity to sell some conservation land and develop a deal with the regulatory agencies. He noted his past negotiations with the County and assistance from the regulatory agencies to allow him to develop 260 parcels. He noted that he worked with the Sauls Group on their study and indicated that his project would suffer further loss without the MSHCP. He urged the Council to support the MSHCP. Jane Block, representing the Endangered Habitat League, indicated that she was still on the committee mentioned by Senator Hollingsworth and they have achieved many of their goals. She expressed hopes that the elected officials would consider existing agreements and noted that the majority of the reserve would be in place one way or another. She indicated that the MSHCP would Page Sixty — City Council Minutes — January 13, 2004 provide recreational opportunities, enhance the quality of life for all citizens and attract businesses. She expressed hopes that the City would make the MSHCP a success. Jim Lunger, 15391 Regatta Way, urged a yes vote on the MSHCP. He noted the 1988 approval of Measure A, by a nearly 4 to 1 margin; and the additional funding for transportation improvements, approved in 2002. He indicated that a yes vote on the MSHCP would provide funding of $38 million. He indicated that the failure to approve the program would cause the City to forfeit tax dollars, which would go back to the County. He suggested that the approval, would make projects easier for the developers. He encouraged a yes vote to keep tax money in the City and promote the City as managing resources in a good manner. Jim Lacey, Mayor Pro Tern of Dana Point, and representative of the Save Proposition 13 Committee, indicated that as a founding member of the Howard Jarvis Tax Group he had long experience with Proposition 13. He advised that his organization was active in the opposition to the MSHCP. He presented a list of 884 homeowners who were opposed to this measure. He indicated that if the proposal was approved, project planning would be delayed and environmental specialist would be hit by the bureaucracy. He noted that the California Coastal Commission had not lived up to their promises; and indicated that as a Councilman in a coastal city, he knows that the Coastal Commission calls the shots. He suggested that adoption of the MSHCP would create another Coastal Commission to call the shots for the City. He addressed Measure A and indicated that they supported the Measure, because it was to help with infrastructure. He suggested that linking transportation to habitat was morally, voter fraud. He stressed that the City's arm was being twisted in an unfair way, as the plan was not well thought out and not properly funded. Ed Roohan, President of Castle & Cooke, indicated that he was present to share brief views on the MSHCP. He indicated that the plan was hard work, put forth by good people, with great intentions, and while the concept is perfect, the application is too much and ill funded. He addressed the acreage involved and suggested that it was a massive environmentalist dream. He indicated that the proposed acreage could create an 8 lane highway from Los Angeles to New York, eight times. He commented that the County came up with the plan, but the resource agencies were the drivers, and the land owners did not have a chance to vote. He suggested that the plan would destroy land values, and he indicated that the voters were owed the chance to at least have good science say that it was well Page Sixty -One — City Council Minutes — January 13, 2004 funded. He urged the Council to oppose the land due to too much money, too much land and too much government. Michelle Staples, representing the Riverside County Farm Bureau, indicated that the Bureau had negotiated a workable framework and would like to support the MSHCP; however in its present form, as submitted, they could not do so. She advised that the MSHCP increases exposure of farmers and ranchers to the illegal take of endangered species, and does not provide a workable framework for agricultural land owners. She stressed the heavy burdens in fees, studies and permitting; and reiterated that they did not support the MSHCP because it would add to the regulatory burden. She indicated that they were working with the County to try to amend the plan for a workable solution and streamline the regulatory process. She requested that the Council not approve the plan. Ron Hewison, 35 Villa Valtelena stated that there was no dog in this fight. He indicated that he chose to move to Lake Elsinore instead of Temecula. He �. commented that it was interesting that Castle & Cooke would not commit to the Mayor in writing with regard to the corridor, but would ask that the County add words to gain their support. He suggested that generally the comments against the plan were subjective, and noted that Senator Hollingsworth did not say no. He indicated that Lake Elsinore was late in joining the process and should make the move and get in. He concurred that the action was taking a gamble, but suggested there was too much speculation. He agreed that the plan was not perfect, but recommended that the City move forward and try to negotiate. Norm Gritton concurred with Ed Sauls, Ed Fitzpatrick and Scott Woodward on their comments. He concurred that this was not a perfect plan, but at this point it was all that was available, even though the options were not good on either side. He suggested that with the money spent by the County, it would be very expensive for the City to create its own plan; and suggested that any one City could not fund creation of a better plan. He indicated that the problem with the environmental issues was that it was not getting any better and there would probably be more problems at the City level than at the County level. He suggested that joining the program was the best action for the City Council. Kathleen Hamilton, 42626 De Luz, indicated that joining the MSHCP, would give the City a chance to grow and create a lasting legacy for the future. Barry Jones, representing Helix Environmental, indicated that his firm was involved in 50 projects in Riverside County, and would benefit by the plan not Page Sixty -Two — City Council Minutes — January 13, 2004 being approved. He indicated that it would create more work for him, and while it was not a perfect plan it would be better for conservation. He indicated that as a landowner he sees it as a mechanism that is more user friendly to work with the County. He urged the Council to approve the plan. Eric Lunde noted that the reoccurring theme with this plan, was that there would be more requirements and administration, but the regulations today are already burdensome enough. He indicated that while the plan was far from perfect, it was superior to the current regulations. He noted that he was in escrow on a piece of property at the end of Main Street; and indicated that under the plan he could develop 750 units vs. no units without the plan. He suggested adoption of the plan, with conditions and if the doomsayers were correct, the City could opt out. He commented that it would be easier to opt out in the future than it would be to join in the future. He suggested that the agencies would take revenge and the bureaucracy would kill growth. He indicated that if the plan did not go through, he would probably not close on the property. He suggested that the plan was more of a win -win situation. He expressed hopes that the plan would be adopted. Ruth Atkins, 15237 Lake Trail Circle, commented on the Los Angeles County community of "Dairyland ", which was originally dairy farms, but is now concrete i with no greenbelts. She expressed hopes that the Council would support the MSHCP for future generations of the City. Councilman Schiffner indicated that he had been involved in the program for about five years and had listened to hours and days of conversation from many people. He further indicated that he had read reams of documents, but he still did not know the answer to the problem. He commented that he had spoken with people on both sides of the argument, and good arguments had been presented tonight as well. He indicated that he could not disagree with anyone, but it was a very difficult decision and it was not possible to please both sides. He suggested that he would only be able, to the best of his ability, determine what he felt was in the best interest of the City of Lake Elsinore, and assumed that the rest of the Council would do the same. Councilman Hickman addressed Mr. Sauls and Mr. Lashbrook. He asked Mr. Sauls about his study of 15 builders and questioned the number of acres involved. Mr. Sauls indicated that it included 2700 acres to conservation, about 700 acres of voluntary participation. Councilman Hickman questioned the 3,836 acres of open space. Mr. Sauls indicated that included the properties within the sphere of influence, including some at the Lake Street off -ramp. Councilman Hickman Page Sixty -Three — City Council Minutes — January 13, 2004 asked Mr. Lashbrook how much acreage they wanted. Mr. Lashbrook indicated that was difficult to answer, but they would not need the high end of the possible range. He noted references to 7,800 acres, which it would not be; and suggested it might be possible to meet at 6,000 acres. He indicated that less than that would depend on the issues being discussed, configuration of the properties and the biological arguments. He was confident that 6,000 would meet the obligation, but noted that analysis was underway to look at a little more than 4,000 acres, which might meet it. He said his best estimate at this time was 6,000 acres or less. Councilman Hickman questioned the acreage for open space. Mr. Sauls indicated that it was his understanding that his property would be exempt from the multispecies plan, and they would not pay fees, as they had already been assessed. He noted that in the back basin there had been an agreement to contribute over 700 acres. He noted that the yellow areas in the study were the only ones that were still unresolved. Councilman Hickman addressed Mr. Lashbrook, and indicated that 7,870 acres _ was 47% of the existing vacant land; and stressed the impact that would have on the City's finances and growth. He suggested that anything over 6,000 was a problem, and stressed the issues it would create for the City. Mr. Lashbrook expressed recognition of the concerns and stressed it would not be the maximum numbers discussed. He indicated that Mr. Saul's numbers seemed to be in the range and he was sure it would be 6,000 acres or less. Councilman Hickman inquired how long it would take to buy the land. Mr. Sauls indicated that the total acquisition was just short of $23 million, and almost all of it was purchased or nearly funded. Councilman Hickman indicated that his only concern was that it was nearly in place. Mayor Pro Tern Kelley indicated that she was glad to have so many people say they felt for the Council on this decision. She stressed the difficulty of the decision, as the most difficult in the last eight years. She indicated that the difficulty was due to the fact that the program was in conflict with her personal beliefs. She suggested that as a society, human beings had gone crazy to save the species, over humans. She noted the impact of mitigation on fires and flooding. She stressed that the land designated would not be a greenbelt, but rather scrub, which can not be maintained. She noted the situation of a school being postponed because of a butterfly, when the schools are already full. She concurred with Senator Hollingsworth, and indicated that this plan was overboard and goes much further than is necessary. She noted the amount of information provided and indicated that it all depends on one's perspective. She indicated that she had heard from landowners who said they would loose their land, while other people Page Sixty- Four — City Council Minutes — January 13, 2004 have said the opposite. She noted that people at this meeting had said to make it work, and while she wished she could make it work, she had tried for almost four years. She concurred that there was a lot of arm twisting in this process, and expressed concern that it involved too much land, money and government. She stressed that it would create a costly bureaucracy and take 47% of the remaining developable land. She indicated that lots of property owners would be impacted. She stressed that while she would concur that greenbelts were needed, but this would not accomplish that as it would be scrub. She noted that the common thought is that no one likes the plan on either side; and questioned why it had not changed if no one liked it. She expressed disappointment that a better arrangement could not be found. She indicated that the concept was great, but it was creating another layer of government, taking dollars and increasing the price of homes. She stressed that the builder fees would be passed on to the homeowners, and there was already some difficulty affording homes in Lake Elsinore. She indicated that the plan was not being spread equally and Lake Elsinore was being impacted more than anyone. She stressed that there were still unknowns with regard to numbers and future costs. She commented that she had many concerns with the plan including the weighted vote, the costs to administer the plan, the amount of land involved the loss of revenue, the potential for litigation and the burdensome process. She stressed that she could not support the plan. Councilman Magee questioned when "bugs and bunnies" became so important and shared the disappointment and frustration of many people. He concurred that this plan had made the species more important than the school children, noting that kids would be in temporary facilities because of the Endangered Species Act and a butterfly. He indicated that he was asked to state a position on this matter last September at a forum; and commented that it was a good idea, but too costly and requiring too much of the City. He noted that the situation was still the same. He addressed Mr. Lashbrook regarding his very pointed letter last week, and commended him on answering and addressing his concerns. He indicated that the possibility of an acreage reduction from 7,800 to 6,000 was a step in the right direction, and concurred that there was a need to indemnify the City against litigation. He addressed the acreage under negotiation, and expressed hope for a determination that 6,000 was the mark for the City for the next 75 years. He addressed Mr. Bigelow and noted that it was important to negotiate, while there was still some leverage; and the County would take that away if the plan was not passed tonight. He indicated that he had his arm twisted in his home, office and in the car on the cell phone; and noted that he had never had so many threats of lawsuits. He commented that information received today from Supervisor i Page Sixty -Five — City Council Minutes — January 13, 2004 Ashley's representative helped him greatly, and clarified that when the HANS process was complete and an agreement reached on the acreage to be acquired, the permit process could be done by the City and a grading permit issued. He indicated this was the most important information, if it would allow work to move forward. He advised that for him to take the step to approve the plan, he would want the County to continue to work with the Sauls Report, and include other people, such as Castle & Cooke; and maintain the ability for the corridor to Orange County to got through Lake Street or Nichols Road. He further advised that if the County proceeds to acquire property, he would need the assurance that the City is not slitting its own throat and hurting the ability to maintain the corridor. He indicated that he could not agree to adopt the plan to sell that property and have it not be touched. He further indicated that he would want County staff, at no cost to Lake Elsinore, to use the people to draft and fund the conclusion that we have reached the threshold at or before 6,000 acres. He commented that he would also love to hear from Fish and Game that they would be a good partner and act in good faith. He indicated that he would need assurance they would be there to assist. He noted that he was still uncomfortable with where the City would be legally if the plan was adopted. He indicated that he would need the County and RSA to indemnify against all legal actions, if the MSHCP is approved. Supervisor Buster noted that there had been a number of cooperative projects between the City and the County. He indicated that while the plan was complex, the basis was simple, and the cooperative approach had the most strength and flexibility. He stressed the onerous requirements of the regulatory agencies, and reiterated the need for a collaborative approach. He noted the options accomplished to date, and indicated that the school would be able to proceed with approval of the plan. He commented that the City should not join the plan because the other cities have, but because it is right for the City of Lake Elsinore. He stressed the desire to work with the City to address the complexities of the issues. He indicated that the City would be a partner at the table, with extra voting power. Supervisor Ashley concurred with Supervisor Buster, and indicated that the solutions by Mr. Sauls were on the right track. He indicated that the statements and requests were reasonable with the right approach; and it should not allow a future corridor to be locked up. He indicated that he would support the _ considerations as outlined and he felt Supervisor Tavaglione would support them as well. Page Sixty -Six — City Council Minutes — January 13, 2004 Jeff Drongesen, representing the California Department of Fish and Game, thanked the Council for their question and indicated that they were here to stay and had support at high levels. He noted that he had been on both sides of the table and had participated in the planning process. He indicated that he was still involved in the plan and was present to show support for successful implementation. Councilman Magee questioned their commitment to the plan. Mr. Drongensen confirmed their commitment and noted that they had obtained a grant for this area specifically to assist with the plan. Councilman Magee inquired if 6,000 acres would satisfy them. Mr. Drongensen indicated that the numbers were flexible. Councilman Magee indicated that he would like to hear about the staffing for continued negotiations and a report making the finding that the requirement has been met. Mr. Lashbrook indicated that was always a discussion by the Supervisors, so he believed there was support on the Board to do so. He indicated that he did not see a problem in working with the projects for a cooperative venture between the City and County staff and the property owner groups. He advised that all of that information would go to the findings; and explained that the goal was to draft the findings, narrow them down and justify the acres that would be required and lay out the lines. Councilman Magee questioned the indemnification on the General Plan. Mr. Lashbrook indicated that they would indemnify all jurisdictions on issues relating to adoption of the MSHCP; however he clarified for full disclosure, that if the General Plan was amended, causing litigation, it would not be addressed. He explained that the Board had said they would deal with cities in terms of providing litigation support. Councilman Magee questioned their willingness to work with other members of the development community. Mr. Lashbrook noted the discussion this evening and indicated that there was a desire to work with Castle and Cooke, noting that it would take two to negotiate. He indicated that with regard to the corridor, the held important land for potential roads, and that land would not be included in the reserve system. He assured Council they would work to resolve the issue. Mayor Buckley addressed the indemnification in Section 23 and suggested verbiage to show that RCHCA would indemnify the cities, which was the intent. Mr. Lashbrook indicated that the JPA document was a function of the authority, and while he had no person problem with the change, he would have to pass it on to the lawyers, and it would be a decision by the JPA. Mayor Buckley addressed the issue of weighted voting, and indicated that he would still maintain that it was a positive for the City, but noted an issues which had arisen on the matter. Page Sixty -Seven — City Council Minutes — January 13, 2004 Rick Bishop, representing WRCOG, addressed the weighted vote, and indicated that it would only be called for by a member of the board, to make sure that the vote is confirmed by both sides. He indicated that with regard to a veto of the weighted vote, both the Board and the cities would have to confirm the simple majority votes, so it would work both ways. Mayor Buckley addressed the map and concurred with Mr. Magee, that if it was just about "bugs and bunnies" he would agree. He indicated that it was more about including roads, such as the Trabuco Canyon alignment, at one of two locations. He commented that it was very possible that if the City did not participate in the MSHCP, that it would not have the possibility of that road. He indicated that he knew a lot of people who would be happy to have a quicker route to Orange County; and business owners who would love the jobs from Orange County to come to Riverside. He indicated that passing the MSHCP would not guarantee the road, but failure to do so would guarantee that it would not happen. He noted that with regard to property values, homes were scarcer, so existing home values would go up; and suggested that the MSHCP would increase the value of existing homes and encourage new homes to be of higher property values. He indicated that he heard a number of concerns about the plan, such as building a pool or deck requiring a new permit process, and a huge billion dollar bureaucracy; and stressed that someone from the Council would be sitting on the Board to decide what, when and where to buy property. He commented that the City did not have that power now with the State and Federal agencies. Mayor Buckley requested consideration of Resolution No. 200410. Mayor Pro Tern Kelley questioned the resolution and if it would include the proposed changes. City Attorney Leibold clarified the required actions, noting that there were five actions, four tonight and the fifth being the hearing on the ordinance. She indicated that the first resolution related to the CEQA findings. Councilman Schiffner requested that the votes on this matter be done by roll call vote. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO ADOPT RESOLUTION NO. 2004-10: RESOLUTION NO. 2004-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, MAKING RESPONSIBLE AGENCY FINDINGS PURSUANT Page Sixty -Eight — City Council Minutes — January 13, 2004 TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT FO THE MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND APPROVING THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN AND IMPLEMENTING AGREEMENT, ADOPTING ENVIRONMENTAL FINDINGS PURSUANT OT THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold indicated that there was no need for discussion of the modifications to the implementing agreement. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO APPROVE THE IMPLEMENTING AGREEMENT FOR THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN/NATURAL COMMUNITY CONSERVATION PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page Sixty -Nine — City Council Minutes — January 13, 2004 Mayor Buckley noted that there were a number of changes proposed for Resolution No. 2004 -11. Councilman Magee suggested that the City Attorney read the changes into the record. City Attorney Leibold detailed the proposed changes as follow: Section II Findings and Purpose — Addition of a recital C — In light of the current habitat acquisition trends and habitat acquisition requirements within the boundaries of the City of Lake Elsinore, the MSHCP poses a risk of excessive land removal from the City's tax base. The City therefore finds that suitable controls are necessary to buffer this risk while maintaining an incentive for early habitat acquisition and ensuring that Lake Elsinore doesn't bear a disproportionate burden and become a mitigation bank to support development throughout the region. Section III — Application of Regulations — Addition of Paragraph A to read: "Implementation of the MSHCP and approval of (1) this Resolution, (2) City Council Resolution 2004 -10 makign responsible agency findings pursuant to CEQA, (3) the Implementing Agreement for the MSHCP, (4) the Joint Exercise of Powers Agreement creating the Western Riverside County Regional Conservation Authority, and (5) an Ordinance establishing a Development Impact Fee in connection with the MSHCP (collectively, the "MSHCP Documents ") is expressly conditioned upon approval by the City Council of each of the MSHCP Documents and where applicable, each and every party to the MSHCP Documents. Section IV — Exemptions, Paragraph C modified to read "Any project for which and to the extent that a vesting rights to proceed with the project notwithstanding the enactment of this Resolution exist under the common laws of the State of California, a vesting tentative map pursuant to the Subdivision Map Act, a development agreement pursuant to Government Code section 65864 et seq., or other instrument, approved or executed by the City prior to adoption of this Resolution. Projects subject to this exemption must comply with all provisions of any applicable state and federal laws. Section IV — Exemptions — Addition of New Section E to read: Any action by the City of Lake Elsinore that is ministerial, not a project subject to the provisions of the California Environmental Quality Act ( "CEQA "), or Page Seventy — City Council Minutes — January 13, 2004 otherwise exempt pursuant to the provisions of CEQA or the CEQA Guidelines. Section V (A.1) Add "or a functionally similar Lake Elsinore Acquisition Negotiation Process ( "LEAN "); or Add Section V (A.3) Several properties within the City of Lake Elsinore have undergone preliminary findings of consistency with the MSHCP. These properties include proposed development projects that are the current subject of ongoing negotiations with the MSHCP wildlife agencies with a few projects having been memorialized in a memorandum of understanding with the wildlife agencies. These projects include The Village, Alberhill, North Peak, Griffon, Simard, Clurman, Abusamra, Ramsgate, Greewald, Elsinore Lakeview Villas, Lakeview Estates, Tuscany Oaks, South Shore II, Colorado Pacific and Donlan. The current status of these projects concerning the MSHCP and preliminary findings of MSHCP consistency, is set forth in detail in Exhibit "A" to this Implementation Resolution and incorporated herein by this reference. City Manager Watenpaugh questioned the list vs. the report. Mr. Sauls indicated that the sheet complimented the December 10, 2003 spiral bound report. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT RESOLUTION NO. 2004-11, AS MODIFIED. RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY Page Seventy -One — City Council Minutes — January 13, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Mayor Buckley indicated that the Joint Powers Agreement was already adopted by the WRCOG Board and a number of other cities with certain changes. He commented that he was the City representative to WRCOG, but when it came to the shift of authority, he would ask Councilman Schiffner to sit on the RCA Board, if he wished. Councilman Schiffner commented that the changes might not be accepted by others on the Board. Mayor Buckley inquired how to proceed. City Attorney Leibold indicated that it would be important to make it clear that the actions were a proviso, that would need to be approved by all members or the City was not willing execute the agreement and the approval would go away. Mayor Buckley moved to approve the Joint Powers Agreement, but questioned the "one city, one supervisor" issue. City Attorney Leibold noted the earlier discussion was a proposal under Section 7.c. for "one member one vote, with each regular member or alternate having one vote at meetings of the Board ", and the deletion of other voting provisions. Mayor Buckley indicated that would probably be the only issue. Councilman Schiffner suggested that the City Attorney read all of the changes. City Attorney Leibold concurred that should be part of the record, so the only way to understand the action would be to read it. Mayor Buckley clarified that if it was not approved in its entirety, then the approval would not stick and that might result in future negotiations. He indicated that he would like to allow RCA to meet the first Monday in February and have the changes before the RCA Board. He indicated that it they failed to agree the other three documents would stand, but the agreement would come back. Councilman Schiffner indicated that he would not support the agreement under those conditions. City Attorney Leibold clarified that any rejections of the changes to the JPA would come back to Council for reconsideration, but all items would not need to be reconsidered. Mayor Buckley noted that the fee ordinance would be for the first meeting in February. Councilman Schiffner suggested reading the proposed changes. City Attorney Leibold noted that there was a request for a joint exercise of powers agreement, creating the authority, with changes to the quorum in voting. She indicated that there was a concern that the agreement as proposed would provide Page Seventy -Two — City Council Minutes — January 13, 2004 the County with veto power, so the Council would recommend a change to that end with the addition of a new paragraph D under Quorum and Voting: D. Once the lower range of estimated conservation of habitat on private lands is fulfilled within the City of Lake Elsinore (i.e., upon MSHCP acquisition of 4,830 acres of private land within the City of Lake Elsinore), habitat acquisition funds through the HANS process, imposition of the MSHCP Fee, or funding otherwise provided through the MSHCP or RCA, shall only be permitted for acreage acquisition in the City of Lake Elsinore if both of the following are fulfilled: 1) the proposed acquisition and/or funding is submitted to the Funding Coordination Committee for approval and the City of Lake Elsinore representative (or majority of representatives present) votes affirmatively to authorize RCA approval of the acquisition and/or funding, and; 2) the City of Lake Elsinore representative to the RCA votes affirmatively to approve the acquisition and/or funding. City Attorney Leibold further addressed Section 15 of the Agreement and suggested the addition of the following verbiage: The Board shall not appoint more than two County representatives and shall not appoint committee members in a manner that dilutes any City representation to less than 1 /17th of the total representation of the committee. Once 75% of the lower range of estimated habitat conservation has been achieved within the City of Lake Elsinore (3,623 acres), acquisition of private lands within the County and other participating jurisdictions shall be prioritized by the Funding Coordination Committee. City Attorney Leibold suggested that Section 19 regarding Contributions and Budget be amended to read: The Parties to this Agreement shall impose a development mitigation fee on all new development to support the acquisition of additional reserve lands pursuant to the MSHCP. All development mitigation fees collected Page Seventy -Three — City Council Minutes — January 13, 2004 by the Parties shall be forwarded to the RCA within ninety (90) days after receipt by each Party, subject to any specific exception set forth in the ordinances implementing the development mitigation fees for the individual participating cities. The RCA may, in its discretion, conduct an audit of the development mitigation fees collected by any Party to this agreement. Likewise, participating cities may, in their discretion, conduct an audit of the development mitigation fees forwarded to the RCA and expended by the RCA for property acquisition. City Attorney Leibold suggested that Section 23 be amended to read: The RCA shall defend, indemnify and hold such Party free and harmless from any loss, liability or damage incurred or suffered by such Party by reason of litigation arising from or as a result of any of the following: the Party's development mitigation fee ordinance; the Party's participation in the RCA; actions taken to approve and /or implement the MSHCP; claims of inverse condemnation or unconstitutional takings against a Parry; or any other act performed or to be performed by the Parry pursuant to this Agreement, the MSHCP, its Implementing Agreement or the Permits; provided however, that such indemnification or agreement to hold harmless pursuant to this Section shall be recoverable only out of RCA assets and not from other Parties. For purposes of this Section 23, the phrase "actions taken to approve and /or implement the MSHCP include, without limitation; (a) a Party's execution of a resolution making responsible agency findings pursuant to the California Environmental Quality Act in reliance on lead agency finding made by the County of Riverside; (b) Party actions or omissions of implementation of the MSHCP that result in litigation against the Party for violations of q California Planning and Zoning Law; and (c) Party withdrawal from implementation of the MSHCP in accordance with the terms of the Implementing Agreement (Section 22.0 et seq). For purposes of this Section 23, the phrase "actions taken to approve and/or implement the MSHCP include, without limitation: (a) a Party's execution of a resolution making responsible agency findings pursuant of the California Environmental Quality Act in reliance on lead agency finding made by the County of Riverside; (b) Party actions or omissions of implementation of the MSHCP that result in litigation against the Party for violations of California Planning and Zoning Law; and (c) Party Page Seventy -Four — City Council Minutes — January 13, 2004 withdrawal from implementation of the MSHCP in accordance with the terms of the Implementing Agreement. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE JOINT POWERS AGREEMENT WITH THE AMENDMENTS AS DETAILED. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold noted that the Council would need to schedule a noticed hearing on the fee Ordinance. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO PROCEED WITH NOTICING THE HEARING FOR THE FEE ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES No Comments. Page Seventy -Five — City Council Minutes — January 13, 2004 CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS No Comments. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:58 P.M. A TEST: n. __ n IC KA AD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE kYOR RE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JANUARY 22, 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 4:09 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Finance Manager Magee, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Featherolf, Public Works Manager Payne, Recreation and Tourism Manager Fazzio, Information /Communications Manager Dennis, City Treasurer Weber and City Clerk/Human Resources Director Kasad. DISCUSSION ITEM Mid -Year Budget Review City Manager Watenpaugh explained the new format for the budget and mid -year review. He noted that there had been discussion that the Council wanted the information further in advance; and proposed that the Council review the materials presented by staff as a snapshot in time. He stressed that the numbers presented were based on expenditures, revenues and projections on the State budget. He suggested that the Council digest the material in preparation for the first budget session in March; and use it as a time to get familiar with the information before having to make decisions. He stressed that this would allow ample study sessions and provide more information on capital projects and state budget activities. He requested that the Council allow Administrative Services Director Pressey to go through the slides, with a few comments by staff He suggested that the Council utilize "post -it" sticky's to mark their questions, and ask them Page Two – City Council Study Session – January 22, 2004 following the presentation. Council concurred with this process. Administrative Services Director Pressey addressed the packet presented; and explained that it would be provided in five parts, including slides, followed by general fund information as of December 31", the proposed adjustments, an update of the changes to date, and a status report on the major goals and service indicators by department. He advised that there were about five adjustments to revenue and five adjustments to expenditures proposed. He highlighted the budget to date and noted the increased service levels in planning to meet the increased demands. Administrative Services Director Pressey detailed the budget goals for the year and noted that as part of the 2004 -05 process they would be asked to review those goals and objectives, and determine new ones for the new year. He reviewed the adopted 2003 -04 budget, and detailed the reserves at year's end. He detailed the approved increases in services and indicated that the revenue forecast looked very strong. He further detailed the increased public safety costs and explained the unallocated revenue balance at June 30, 2004. He advised that the annual audit reports would be presented for the first meeting in February, and advised that the total unallocated balance was $4.1 million. He explained the projected unallocated balance, and noted the adjustments presented for consideration. L_::J Administrative Services Director Pressey advised that the mid -year adjustments to revenue had mixed results. He advised that while the sales tax increases were anticipated at 7.9 %, they were only about 5.6 %. He further advised that the vehicle in -lieu fees had been adjusted to reflect the decrease, but those dollars will be paid in 2006; and the City would receive the other 75% due for the year. He noted that a lawsuit had been filed with regard to the VLF, questioning the right to take away that tax. He addressed booking fees, and indicated that last year cities were not allowed to seek reimbursement, however it was reinstated in May. He explained the fee increases for weed abatement and cost recovery services and noted an increase in planning revenues based on the fees charged to developers. He detailed the proposed mid -year adjustments for expenditures and noted the new positions which would not be filled until May. He clarified that this would be a one time reduction in the budget, as well as the building manager position which would ultimately be filled at a lower level. He indicated that the City Treasurer budget had been increased to include money for training and materials. He noted that with regard to the law enforcement budget, it was a matter of when the officers would actually start work. He advised that the Lake /Aquatic Resources budget included $50,000 for tree trimming in the campground to prevent liability issues; and $30,000 for brush removal in the levee area as preventative maintenance. He advised that all of the proposed changes would be provided in detail for consideration at the next regular meeting on Tuesday, January 27th. Administrative Services Director Pressey reviewed the expenditure overview for the General Fund, Redevelopment Agency Fund, Lighting and Landscape Maintenance District Fund and the —, Page Three — City Council Study Session — January 22, 2004 Capital Improvement Fund; and detailed the adopted budgets, adjustments and projections. He addressed the Redevelopment Agency Low and Moderate Income Housing Fund and noted that the property tax would not be received until the end of January. He clarified the expenditures for debt service. He explained that the Lighting and Landscape Maintenance Fund was balanced out and projecting a break -even for the year. Engineering Manager Seumalo detailed the completed Capital Improvement Projects and noted that they were presented in three phases. He delineated the completed projects, projects in process or design and the projects under construction. Administrative Services Director Pressey explained the State Budget issues and noted the potential impacts on the Redevelopment Agency Budget, which would be permanent. He indicated that there was still some uncertainty as to the final numbers; and noted the anticipated issuance of debt reduction bonds by the State. He commented that if the bonds did not pass, there would be further uncertainty. He indicated that the economic outlook included positive growth anticipation for the City and the region. He commented that the City was at a turning point, noting that it was best to look at ten year cycles; and noted that this cycle would include the big box retail stores coming in. He indicated that this growth would provide additional revenues for services and improvements. He further indicated that housing and industrial development permit growth was still strong. Administrative Services Director Pressey detailed the proposed 2004 -05 budget process schedule, and noted that it was subject to changes and specific instruction from the Council. He advised that he would hope to adopt the budget at the first meeting in June. City Manager Watenpaugh commended Administrative Services Director Pressey on his summary of the basic background information. He reiterated that this was an opportunity for the Council to evaluate possible changes and adjustments; and staff would provide more information via the upcoming study sessions. He noted the list of roadwork requested and the visuals that would be provided for Council in terms of street overlay, maintenance of asphalt, etc. He indicated that Council would have much more information for making decisions and prioritizing the process. He offered to answer any questions at this meeting or in the rest of the budget process. City Treasurer Weber thanked staff for a good presentation, and questioned where the revenues for the Redevelopment Agency came from. Administrative Services Director Pressey explained that it was tax increment revenue, based on a base year at formation of the project area; with any growth above that year being the increment. He clarified that it was basically property tax that went straight to the Redevelopment Agency. City Treasurer Weber questioned the "pass - through". Administrative Services Director Pressey indicated that it was reflected as Page Four — City Council Study Session — January 22, 2004 expenditures and clarified its representation in the budget. City Manager Watenpaugh noted that the pass - through for each district is a little different. City Treasurer Weber questioned the increased Lake expenditures and how they came about. Lake /Aquatic Resources Director Kilroy explained that they were in response to apparently healthy trees falling at the campground. He further explained that they hired an arborist for a tree inventory and found that there was a serious problem with a large number of trees failing. He indicated that the arborist said the problem was a circling root problem due to the way they were planted. He explained that in response to that issue, the potential liability and the overdue tree trimming, it was decided to go ahead and trim the whole area. City Treasurer Weber inquired when it was decided. Lake /Aquatic Resources Director Kilroy indicated that it started in May of 2003. City Manager Watenpaugh noted that branches were falling on campers; and the JPIA said it needed to be fixed to address the concern for the liability. City Treasurer Weber inquired if it went through the contract process or if it was treated as an emergency. City Manager Watenpaugh indicated that the City already had an arborist and proceeded based on the JPIA recommendations. City Treasurer Weber questioned the brush removal. Lake /Aquatic Resources Director Kilroy clarified that $50,000 was for the trees at the campground and $30,000 was for brush removal at the levee. He explained that the levee was about ten years old and the slope needed attention. He noted the difficulty in locating equipment to address the slope, but indicated that appropriate equipment was located this year. He further indicated that they had done some test cutting and put the work out to bid; and found that it would require about $15,000 for brush on the slope and some initial earth work. City Treasurer Weber questioned the $248,000 increase for Community Services. Administrative Services Director Pressey indicated that it was for the weed abatement program, including personnel, contractual services, etc. He explained that contractual services were budgeted at the beginning of the year, based on an estimate, but it ended up being significantly more expensive. He further explained that the contract had now ended and the service was being done in- house; as personnel had been hired and equipment was being purchased. City Treasurer Weber inquired if $3.8 million was a healthy number to start next year. Administrative Services Director Pressey indicated that typically governments would set a percentage of the general fund, but this was a good amount to start the year with. He indicated that he would look at any possible savings going into the next year; and would forecast a ten year plan next year to look at long range direction for the City based on certain assumptions. Councilman Schiffner questioned the land held for resale by the Redevelopment Agency. City Manager Watenpaugh indicated that the land was owned by the RDA and obligated to Civic Partners, with Laing holding the option. Page Five — City Council Study Session — January 22, 2004 City Manager Watenpaugh addressed the reserves and noted that it was not really extra, as it might fund things like the fire station needs, etc. He clarified that while the reserve was shown for Council's information, the balance of $800,000 was actually the unallocated revenues; unless the Council decided to leave it in the reserves. Councilman Hickman inquired if the recent CFD included the Fire Station. City Manager Watenpaugh confirmed that the station was funded and if there was ample funding after the construction to fund the fire engine, it would be rolled into the CFD, otherwise it would need to be funded by other means. Councilman Hickman questioned the coverage. Councilman Magee indicated that it was his recollection that it was not going to be covered, so there would be a need for about $375,000 from the General Fund. Councilman Hickman addressed the trees and indicated that he did not remember it coming to the City Council for a vote. City Manager Watenpaugh indicated that it was not an allocated contract, but work authorized under the existing agreement with the arborist, by the City Manager, to prevent liability. He clarified that the work was hourly and could have been stopped at any time. Councilman Hickman questioned the booking fees. Administrative Services Director Pressey indicated that they related to fees charged for booking violators into jail. Police Lt. Featherolf explained that for each arrest that went to the jail, a fee was assessed for booking them and keeping them until they were out. He further explained that the accrued fees were billed back to the municipalities. He noted that legislation allowed the State to reimburse cities for booking fees, but that legislation was rescinded a year or two ago. Councilman Hickman addressed the RDA, and indicated that there was only about $100,000 or so dollars; and questioned if staff was putting money into set - aside. Administrative Services Director Pressey addressed the slides previously presented and noted that slide 14 represented the fund, which was the 20% set - aside. Councilman Hickman questioned the amount of set - aside. Administrative Services Director Pressey detailed the receipts and expenditures and noted that the remainder would be used for debt services. He indicated that he had not analyzed the fund for new projects. Councilman Hickman addressed Page 18 for underground tank mitigation, and inquired if the City would get the money back. Engineering Manager Seumalo indicated that it was his understanding that the City brought up this issue and were obligated to remediate it. City Manager Watenpaugh clarified the location and noted that it was originally a service station and ._ confirmed that mitigation was a City obligation. He explained that this had been an ongoing project for four or five years. Page Six — City Council Study Session — January 22, 2004 Councilman Hickman addressed the total budget for Administration and noted that it was at 62 %. Administrative Services Director Pressey explained that this part of the budget included Finance and Risk Manager, and clarified that the insurance premium had been expended for the year, so it would appear lopsided until the end of the year. Councilman Hickman noted that the Lake Budget was over budget at 67% of their budget. Administrative Services Director Pressey explained that this area was somewhat an anomaly, as there was an allocation of $650,000 for the purchase of water to be spent at the beginning of the year. He noted that there were four divisions in the Lake /Aquatic Resources budget. Councilman Magee addressed Page 12, regarding the increase for Community Services. Administrative Services Director Pressey noted the breakdown for personnel increases, and contractual services, which would be offset by the weed abatement increased fees. He detailed the materials and supplies required for the start-up of the program and the capital outlay required, which were adjustments to the original budget. Councilman Magee inquired if this was the tractors. Administrative Services Director Pressey indicated that it included tractors, trucks, etc; and clarified that it would not be a recurring cost. City Manager Watenpaugh noted the proposal for increased fees for the services rendered; indicating that not as much was assessed this year as last year. He further noted that City property would get serviced at a higher quality level than in the past. He explained that the violations would be abated and the fees would be collected to cover the operation. He advised that the rate study was still underway. He noted past concerns with regard to City properties not being abated well, but indicated that now it would be done to a much different standard. He indicated that the City needed to take a stronger role to be sure the City's property was done better, before others were charged for abatement. Councilman Magee applauded staff's effort to raise the bar. Councilman Magee questioned Page 14, and inquired if there was a repayment plan for the 20% set -aside for low and moderate housing. City Attorney Leibold noted that she needed to work with Mr. Pressey on that issue, as it was part of the goals and objectives for this year. She indicated that they had begun the analysis, but it was not yet fully documented. Councilman Magee questioned Page 19, regarding the Corydon Street Pavement Rehabilitation, noting that it had rolled from the previous year. He commented that at an earlier meeting in December, the County indicated that they were going to start in March or April; but now it appeared that it would be out to bid in mid - March. Engineering Manager Seumalo addressed the discussion of this project; and indicated that the City's participation in the review was complete and it was now with the County. He confirmed that the County anticipated going to bid in March, but offered to get an update on that information. Councilman Magee indicated that timing would put the project underway in the middle of summer. He commented that while he knew the City was getting a great deal, but it would be helpful to light a fire under the County .�. Page Seven — City Council Study Session — January 22, 2004 Supervisor, as he would like to see the road fixed sooner than later. Councilman Hickman addressed weed abatement, and inquired if in years with a lot of rain, there was a possibility of doing it a second time. City Manager Watenpaugh indicated that he did not believe the property owners could be assessed twice; but staff could try to enforce it stronger. Mayor Pro Tern Kelley thanked Mr. Pressey for the presentation, and inquired on what date it would return in March. City Manager Watenpaugh indicated that if it was acceptable to Council, he would put together dates for all of them to bring back to the next Council meeting. Mayor Pro Tern Kelley questioned the economic outlook on Page 21 and indicated that she spoke with Community Development Director Brady who indicated that Costco would be up and operational in 2005. She indicated that she failed to ask about the Lowes and Home Depot projects. Administrative Services Director Pressey indicated that Home Depot was anticipated for December of 2004. Community Development Director Brady indicated that they were both looking to be up before 2005, or by the end of January; but Lowes would be concurrent with Costco. City Manager Watenpaugh noted that Home Depot was ahead because of different constraints. Mayor Pro Tern Kelley questioned the sales revenue anticipated from Home Depot. Administrative Services Director Pressey indicated that he investigated that with the City of Murrieta and obtained estimates; which ranged from $250,000 to $700,000 a year in sales tax for each store. City Manager Watenpaugh noted that the Home Depot site was different and would include four or five other minor /major stores. He further noted that the Costco site included a number of other facilities as well. Mayor Pro Tern Kelley questioned if it was possible to have a study session regarding the Railroad Canyon Interchange before March. City Manager Watenpaugh indicated that there had been discussion of doing that study session in February, as the materials were back from Caltrans. City Treasurer Weber inquired if the Lowes and Home Depot would provide money for roads and grading. City Manager Watenpaugh indicated that the City would negotiate an agreement with the developers to front the money for the infrastructure; as the City and Agency would not have the money available. He commented that it would be similar to Walmart or the car dealerships, so the Council would review and approve a reimbursement agreement for the public infrastructure up to a certain amount. City Treasurer Weber questioned the potential breaks later on; noting that Home Depot was building 500 stores in the next year. City Manager Watenpaugh clarified that the City could only reimburse for public infrastructure; and could not do private development. Councilman Magee commented that the issue would be coming forward and the Council would be able to review and debate the issue at a later date. Councilman Hickman noted the allocated funds and the take out of the sales tax. City Manager Page Eight — City Council Study Session — January 22, 2004 Watenpaugh clarified that sales tax was used as the formula. Mayor Buckley indicated that he would hope it was more like the agreements with Ford and Chevy. Mayor Buckley addressed the estimates for the end of the fiscal year, and compared July 1St to July lst of last year. Administrative Services Director Pressey clarified the year end estimates. Mayor Buckley commented on the State budget; and questioned who pays for the School Resource Offices. Administrative Services Director Pressey indicated that the School District paid during the school day, but after school ended they went on the City beat. Mayor Buckley noted a review of the State budget received today, and indicated that he had heard that for the next fiscal year, the City would be loosing $1.1 million from sales tax. Information/Communications Manager Dennis noted a misquote in the Californian; and clarified that it was actually referring to the property taxes in the budget charts, but the paper printed it as a complete loss. Mayor Buckley noted that if next year was normal in Sacramento, the City would lose about $600,000 to $700,000 of the budget, with ERAF, etc. Administrative Services Director Pressey indicated that right now, the only thing in effect would be the $500,000 for ERAF and $140,000 for booking fees. Mayor Buckley indicated that the people at SANDAG were addressing each City to defiscalize land uses; for cities to give up money for the increase in property tax revenue. He indicated that he would have them e-mail their plan to staff; as it was essentially revenue neutral. He suggested in theory it might be safe. Mayor Buckley addressed low and moderate housing; and questioned the total debt of $9 million. Administrative Services Director Pressey confirmed that was what the RDA owed the General Fund. Mayor Buckley questioned what was owed to the housing fund. City Attorney Leibold indicated that it was about $7 million. City Manager Watenpaugh clarified that the money was set aside, but due to the validation process it was reused. City Attorney Leibold explained that it was deposited to the fund and expended on secured indebtedness. She indicated that there was a loan agreement that acknowledges the money for repayment at a later date; and staff was working for a more definitive time line. Mayor Buckley noted the available funds, but suggested that there was no money to spend on low and moderate housing. He noted that there was a contract with Century Pacific, but if it was voided out because the time had elapsed, the money would be available for low and moderate housing. City Attorney Leibold indicated that staff was working on other deposits into the fund. Councilman Hickman questioned the deeds to the Century Pacific property. Staff indicated that they were still in the City's possession. Mayor Buckley addressed the increase in fees from Community Development and the increase in costs; and noted that in spite of the increase in fees, less money was being spent than was originally planned. He questioned the ability to use those fees as a revenue source. Page Nine — City Council Study Session — January 22, 2004 Administrative Services Director Pressey clarified the overhead included in those costs. Councilman Hickman questioned if the 25% overhead included plan checking by Harris and Associates. Community Development Director Brady indicated that the fee covered it. He clarified the building and safety fees, and cost recovery system for planning and the fees for each area. He noted that there was a similar situation in Engineering, with a percentage of the fees covering the costs. City Treasurer Weber addressed the uncertainties and questioned if there had been consideration of a hiring freeze, some sort of salary cap or a review of the positions. City Manager Watenpaugh clarified that a Parity Study and Job Classification Analysis was done last year, as a negotiated item, which had not been done since 1985. He indicated that the study had no direction or discussion of freezes or anything of that type. Mayor Buckley questioned if there was a wee abatement saving by doing it in- house. Administrative Services Director Pressey confirmed. Mayor Buckley addressed the potential Stadium sale, and indicated that no savings were budgeted at the beginning of the year, so that would be additional savings. City Manager Watenpaugh clarified his direction to Community Services with regard to elevating the bar for weed abatement. He indicated that it would not cost a lot less than doing it like before, but he was not sure it was an issue of saving money, or rather getting the job done better. He stressed that there would be a different level of service provided. Mayor Buckley questioned if next year would be about the same as this year, based on the projections. Mayor Pro Tern Kelley noted that it would include additional revenues from Home Depot. Administrative Services Director Pressey indicated that if everything was at the same service levels and the City held the line on expenses, the revenue would be a little short of expenses, so it would still be necessary to dip into the unallocated revenues, but he would need to finalize the budget to determine to what degree that would be necessary. He reiterated that he wanted to present a ten year financial plan to establish a strategy to address the State problems. Councilman Hickman inquired if Mr. Pressey would want citizens to help sort that out. City Treasurer Weber noted his e-mail, and suggested that for the Treasurer to fulfill his duties was complicated. He indicated that he would like to see a Finance Committee or Commission, with a person who understands bond revenues. He stressed the amount of bonds outstanding to be paid back; and indicated that he found it difficult to believe there was any money left over. He advised that he was not qualified to review the statements from Union Bank; and indicated that one needed to be very learned in the finance field to understand them. He indicated that he would also want another person who understood the GASBY 34 information, as there were specific aspects of the budget which needed to be delved into. He indicated that he would like Page Ten - City Council Study Session - January 22, 2004 someone experienced in this area to review them and provide oversight and help with it. He indicated that he would like someone to work for him that was familiar with the issues mentioned. He indicated that he felt two people would be enough. Mayor Buckley indicated that a Finance Commission had been discussed, but the Council might want to talk about establishing one. Mayor Pro Tern Kelley suggested that this was jumping ahead of the process, and noted the need to look at the policy outline and job description for the City Treasurer. She suggested that if the position was being expanded, that needed to be discussed first, and put it in alignment with the Council's policy and job description. City Treasurer Weber indicated that it was not his intent to circumvent the authority of staff, but to oversee things. He suggested that things occurred in the 90's that the City was still paying for today. He indicated that in that time frame, the Treasurer was not able to address those issues and the persons on the Council and in City Hall made some bad decisions; as did other cities in the 1990's. Mayor Pro Tern Kelley pointed out that elected treasurers require no qualifications to run for the office, so it would not be appropriate to oversee the budget, when they have no experience. City Treasurer Weber indicated that review had not been done in the past, but it would be done in the future; and in order to do so, he needed some help. Mayor Pro Tem Kelley reiterated the need to look at the Council Policy Manual, before expanding the position. City Treasurer Weber indicated that it was not an expansion of the position, but providing people to review the processes. Mayor Pro Tern Kelley stressed the need to start with council discussion of the position. Councilman Schiffner concurred that it was necessary to determine the responsibilities, before forming such a committee. City Manager Watenpaugh addressed the 1990's and confirmed that the problems were factual, but clarified that they had been corrected, without the Treasurer, through the use of the Bond Counsel and Financial Team. City Treasurer Weber indicated that the Finance Team corrections were commendable, and they seemed to have good control on what was going on now, but he had not seen the numbers. City Manager Watenpaugh indicated that he would come back to Council with specific dates for the next study sessions. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5: 35 P.M. AT EST: THOMA §4UVKLEY-,—MXYOR CITY OF LAKE ELSINORE VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JANUARY 27, 2004 ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS; NONE _ Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9: (1 case) (17:40. 1)(X:52.1) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — City Manager (FA6.1) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — City Attorney (F:40.1) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — City Clerk (F:42.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:03 P.M. The Closed Session discussion was completed at 7:00 p.m. Page Two — City Council Minutes — January 27, 2004 RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS; HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Walsh, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Lorraine Watts. INVOCATION — MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS /CEREMONIALS None. CLOSED SESSION REPORT City Attorney Leibold reported that there were four items for discussion in Closed Session; and indicated that Items A, C and D were discussed, with no reportable action. She further reported that time ran short so Item B, City Manager's Evaluation was not discussed, but the intent was that if the meeting ran short they would return to Closed Session. Page Three — City Council Minutes — January 27, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Lorraine Watts, 210 N. Scrivener, inquired if when the trash trucks are in the area, they could report couches, tables, chairs, etc. and have them picked up. She noted a couch and chair in her neighborhood since before Christmas. She suggested that the Council remind the Community of the ability to call and have large items picked up. Mayor Buckley suggested this might be a good topic for the Outlook publication. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. Councilman Magee announced that he would be abstaining from vote on Items 5 and 6, as he did not participate in the original discussion. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting — January 13, 2004. b. Regular City Council Meeting — January 13, 2004. (F:44.4) The following Minutes were received and ordered filed: C. Planning Commission Meeting — December 16, 2003. (F:60.3) 2. Ratified Warrant List for January 15, 2004. (F:12.3) Approved Disposal of Surplus Computer Equipment as follows: 2 - CPU's; 2 - 14" Monitors; 1 — Inkjet Printer; 1 — Impact Printer; 1 — Dictaphone; 1 — Fax Machine (F:48.1) 5. Approved Final Map No. 30670 — Meadowlake at Machado, LLC for Westco Homes, Page Four — City Council Minutes — January 27, 2004 subject to City Engineer's acceptance as being true and correct; accepted all dedications, and authorized recordation. (This item was approved by a vote of 4 to 0 with Councilman Magee abstaining). (F:160.2) 6. Approved Final Map No. 30789 — K.Hovnanian- Forecast Homes, subject to City Engineer's acceptance as being true and correct; accepted all dedications and authorized recordation. (This item was approved by a vote of 4 to 0 with Councilman Magee abstaining). (F:160.2) PUBLIC HEARINGS None. BUSINESS ITEMS 31. Mid -Year Budget Adjustments. (17:30.1) City Manager Watenpaugh noted that this was the same information presented at the Study Session on January 22nd. Administrative Services Director Pressey commented on the Study Session, noting the review of the City, RDA, LLMD and CIP budgets, including an evaluation of the expenditures and projections to the end of the year. He commented that certain revenues would be less than expected, while others were greater. He detailed the changes to revenues and expenditures which produced a net impact of making the General Fund about $151,000 better than anticipated. Chris Hyland, 15191 Wavecrest, noted a letter she sent to Mayor Buckley and the City Council, regarding Machado Street. She indicated that she would like the Council to consider the paving of Machado from Lincoln Street to Grand Avenue. She further indicated that nothing had been done to it, but filling potholes, for the last ten years. She encouraged the audience to call City Hall and hound them about getting it paved and write letters, as the road was in deplorable condition. Mayor Buckley indicated that there would be a Study Session regarding Capital Improvements in March. City Treasurer Weber inquired if this was a discussion of the CFD. Staff clarified that it was not. City Treasurer Weber indicated that he had no comments on the mid -year budget, as Administrative Services Director Pressey had done a good job, and it looked like the City was in good shape. �„ .r Page Five — City Council Minutes — January 27, 2004 Mayor Pro Tern Kelley commented that staff did a great job putting the mid -year budget review together, and noted that the Council had discretion on the Budget all year. She stressed that this was staff's opportunity to update the Council on the current status; but noted that she would bring items up for the new budget. Councilman Magee complimented Administrative Services Director Pressey on his presentation, noting that after watching over 15 years of budget presentations, this was a fresh approach. He commented that in the future he would prefer to receive the materials before sitting down to the table, to allow him time to prepare. He further commented that he would like more time to review and prepare for the mid -year budget, so Council could pursue more discretionary funding. He indicated that he had a particular concern for some additional needs of the Fire Department Volunteers; but noted that they had requested additional time to prepare a wish list to make their job easier. He noted that they would be attending an equipment show in February and hoped to return with some ideas for small dollar items to make their job easier. He indicated that he was pleased with the presentation and pleased that the budget was in good shape. He reiterated that he would like more comment time next year. Councilman Hickman indicated that the budget had done a 180 degree change in presentation. He suggested starting the study sessions with a wish list, and noted that the budget would end up with a little over $3 million in unallocated revenues and go from there. Councilman Schiffner complimented Administrative Services Director Pressey on a fine report on the current budget status. He indicated that it was not intended to give any suggestions as to how to spend money, but rather to know the current status. He commented that it was good and worthwhile information. He noted that additional items could come up at any time, with the agreement of three members of the Council. He indicated that he was in favor of the items discussed by Councilman Magee which would assist with life saving, etc.; and noted that it really was a small amount of money. He commented that he was always glad to have the opportunity to initiate items for Police and Fire, to put them ahead of everyone else. Mayor Buckley questioned the March Study Session, and inquired if it would be after the State Bond Election. City Manager Watenpaugh noted a potential conflict with Councilman Magee's meeting, but suggested that the Council consider March 18th for the first study session. He indicated that he would get a memo with dates to Council for consideration. Mayor Buckley concurred that would be good timing, after the election. He suggested that with regard to volunteers, as soon as the list is received it could come Page Six — City Council Minutes — January 27, 2004 back for budgeting. He indicated that after the study session on January 2SP, there would be consideration of budgeting start-up dollars for the Public Safety Commission. He noted that in the past he had been told that mid -year was the time to add or subtract things from the budget. He requested a motion to approve the mid -year adjustments as modified by the latest memorandum. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MID -YEAR BUDGET ADJUSTMENTS AS FOLLOW: City Treasurer — Increase by $6,300 General Law Enforcement Department — Decrease by $282, 800 Community Development Department— Decrease by $142,728 Community Services Department — Increase by $196,500 Lake and Aquatic Resources Department — Increase by $80,000 City Manager Watenpaugh requested clarification of the Study Session date. Mayor Buckley inquired if there would be a wish list from the Fire Department by March 18cn, and suggested discussing funding at that time. Councilman Magee noted that he had not met with Chief Walsh, but extended the same offer to him for a wish list from the Department. He suggested two tiers of wish lists one of smaller items and another of longer range plans for the new budget. City Attorney Leibold requested clarification if the Council wanted a Study Session or a Special Meeting on March 18t`. Mayor Buckley indicated that it would be fine to take action on the 23`d ITEMS PULLED FROM THE CONSENT CALENDAR 4. Deposit & Reimbursement Agreement with Oak Grove Equities II for CFD 2004 -1 (Villa Martinique). (F:68.1) City Manager Watenpaugh explained that this item was to form a CFD for reimbursement of public infrastructure. Administrative Services Director Pressey explained that this would start the process to form a CFD for the development, with the funding to cover public infrastructure and facilities. He noted that Councilman Magee was correct in believing that it would include sewer, water, streets, etc., beyond the Walmart site, as well as an additional street in the back. He indicated that the applicant was present to respond to questions, but noted that they had submitted plans for the project, which have been approved by the Planning Commission. He indicated that the applicant had been ,�. Page Seven — City Council Minutes — January 27, 2004 meeting with the City's financial advisor and bond counsel, and they are now ready to proceed. He advised that the applicant would submit $50,000 in case for the appraisals and absorption study; and Harris & Associates would prepare the CFD Report. He indicated that the next step was the Resolution of Intention, which would include the rate and method of apportionment; and 30 days later there would be a public hearing. He stressed that there were still a number of other steps in the process; and reemphasized that this would be a land based assessment for public infrastructure. He noted that the developer had the option of getting financing on their own or working with the City. He stressed that this would not be a debt of the City, as it was secured by the land owner. He further stressed that individual buyers would be advised of this assessment. Edith Stafford, 29700 Hursh, indicated she had a problem with CFD's as they impact the homeowners. She suggested that they became hidden costs, due to the amount of paperwork one sees in purchasing a property. She indicated that most people are already living in the homes before they find out the implications. She expressed concern that no one was looking out for the homeowners; but it was good for the developers, because they got their money up front. She admonished the public to find out what they are getting before they buy a home. She questioned why the developer didn't do an assessment district. City Treasurer Weber presented a slide discussing Bonds in general, and noted that the City had $260 million in outstanding bonds. He indicated that he was being told by the City Manager that the Finance Team was a professional group, which deals in bonds, but he also said the City had not responsibility for the CFD's. He addressed major problems in 1998, which were fixed, and noted that was lucky for the City. He presented a portion of an article from the Daily Republican regarding State Auditors Investigation of Fresno Municipal Bond practices, and noted comments that the bonds were not being properly accounted for. He indicated that Lake Elsinore was on the bad list in 1998, but Mr. Watenpaugh and Mr. Gunn had fixed that situation. He commented that his concern with CFD's was that he did not want to end up in the same boat as 1998. He stressed that he did not have details on the payments to CFD's or bonds; he was only being told they were o.k. He suggested that the Council hold a meeting to discuss all of the specifics of the bonds, to include the bank records to balance against the comments by Mr. Watenpaugh. He further suggested that more problems could be encountered in four or five years. He indicated that he was not sure how much was in the bond fund at that time, but the current amount was $260,000. He further indicated that he did not know how much was set aside or how much money was going to the CFD's. He commented that until he saw the paperwork he would not be happy; and stressed that a meeting in March with a lot of information was important. He further commented that nothing would make him happier Page Eight — City Council Minutes — January 27, 2004 than to know his money was going to his CFD. He indicated that with that information, he would confirm that the Bond information was accurate. He suggested putting this item on hold until the status is known. Councilman Magee concurred with Mrs. Stafford that the buyer should be aware of each item when buying a home, so there were no surprises in the tax bill. He indicated that he appreciated Mr. Weber's diligence and the watch dog atmosphere he brought to the public session. He concurred that the study session would bring greater understanding of the financial issues; and noted that he shared some of the same concerns because he had been in the community a long time. He noted that those concerns were not due to the current Council. He indicated that with regard to this item, it would provide streets, curbs, gutters, sidewalks, water and fire suppression devices, which were all public facilities that the City and Water District would inherit. He clarified that with tangible items like this, he had no problem issuing this type of bonds. He reiterated that he shared the City Treasurer's comments that he needed a better understanding of the process; but confirmed that he was still comfortable supporting this action. Councilman Hickman addressed the possibility of a 1914 Assessment District and inquired how it compared as far as the costs incurred. Administrative Services Director Pressey indicated that they were typically less expensive, however the current preferred method was to use CFD's. Councilman Hickman addressed Mrs. Stafford's comments regarding the costs incurred by the homeowners; and stressed that his concern was keeping the costs down for the homeowners. He commented that the underwriter knew the City was working with a financial advisor, and noted that there was no analysis of what the cost would be for an Assessment District. Councilman Hickman requested clarification between the CFD and an Assessment District. Administrative Services Director Pressey indicated that they were identical as far as determining the rate and most other procedures. He explained that the District Engineer would prepare a CFD Report and determine the ability to proceed. Councilman Hickman applauded City Treasurer Weber on his due diligence. He indicated that his only complaint was that he got the information on Thursday evening, and he would like to get it over a week in advance to allow him time to do more homework and protect the people. He commented that this was only $2 million, but after this it could be tightened up to see where the Council is going. He indicated that he was more inclined to support this item, but he would like to dig into it much deeper. He further indicated that he would go with the Council, but he would like some consideration for a 1914 District. Mayor Pro Tern Kelley indicated that this item was to move forward, but would come back in February, followed by a hearing in March. She commented that this was a �. Page Nine — City Council Minutes — January 27, 2004 vehicle for the development to be able to take place; and stressed that information on such a district was included in escrow papers. She concurred with Mrs. Stafford that the buyer should beware; but stressed that this was a common way the public infrastructure is financed. She indicated that she did not have a problem with this action. Councilman Schiffner indicated that people needed to make their own decisions to buy a property with this type of assessment. He explained that the developer builds a home and adds it to the price of the home, or enters a CFD and the owners pay it later. He indicated that when he bought his home, it did not have an assessment district, but he paid the money up front on his home. He noted that he did not get annual deductions that way, but any homeowner had the option to pay off a CFD any time they wished. He commented that this type of district had been used for most of the homes in Lake Elsinore; but there seemed to be a difference of opinion on the City's level of obligation. Administrative Services Director Pressey reiterated that this was a land tax and the City only administers the district. He clarified that the bonds were issued and he whole structure had the City's name in the Bond documents, but the official statements show the risks as an investor and exactly what the security will be for the bonds. He explained that this law was instituted after Proposition 13, and was used as a mechanism for issuing debt and securing it with the land. He reiterated that it was not a debt of the City, but a risk to the investor, secured by the land, with each parcel paying its proportionate share. He explained that the Fiscal Agent invests the funds, and as the interest comes due the payments are paid by the Fiscal Agent. He indicated that the funds were invested in accordance with the bond documents; and there is an annual independent audit for each district. He noted that the Fiscal Agent, Union Bank, handled all of the payments and monitored the reserve balances. He stressed that there were a lot of built in security factors. He explained that once the districts are on track, they pretty much run on their own. He noted that there had been a suggestion to add monthly information on the districts to the investment report; and he would support that inclusion. Councilman Schiffner questioned possible scenarios that would "destroy" a property and cause the City to be obligated for the payment of the bonds. Administrative Services Director Pressey indicated that there was no such scenario in this structure, as the City was not obligated; the financial commitment would be the responsibility of the land owners. He clarified that the real estate market took a dive in the 1990's, so it was not cost effective to develop, and the houses which had been built bore the burden of the vacant land. He further clarified that through the bond counsel the City did work -outs and turned the situation around and restructured the financing to buy some time until the market turned around. He stressed that the City's five CFD's and five Assessment Page Ten — City Council Minutes — January 27, 2004 Districts were now all in healthy condition. Councilman Hickman indicated that he was glad Mr. Pressey brought up the 1990's, as that was when he bought his home. He commented that the thing that would suffer would be the fiduciary responsibility if the economy went south again; and the City would be unrated and not able to issue bonds. He commented that $2 million would not make or break the City, but stressed the need to be extremely cautious. He indicated that he did not want the City caught in the same circumstances as before. Mayor Buckley commented that the City did not have an obligation, but did pay to keep certain bonds afloat; and noted that all was healthy now, but it did cost the City money out -of- pocket. He clarified that there was no obligation, but it was the City's choice. Administrative Services Director Pressey addressed the City's participation to assist in buying out the bonds and doing the work -out for existing property owners. Mayor Buckley commented that in part it was done to protect the City's credit; and while it was not an obligation, there was an advantage to making sure the situation worked out. He suggested based on the discussion at this meeting, it might be helpful to develop a "Bonds for Dummies" cheat sheet, to create a baseline, so the Council and public will have a level of understanding. He noted that in part public perception of the City was that it had a bunch of weird financial things; and suggested that now that finances were boring it would be of good use to have that type of compilation, to include the RDA, PFA, City, etc. He concurred that a study session to go through the information would also be helpful; and suggested the possibility of discussing some finance policy changes. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH OAK GROVE EQUITIES II. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:56 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Paula Graver, 218 Ellis Street, indicated that she took over sending care packages to the troops, and detailed the items being included in the boxes. She indicated that the public could assist in this effort by providing the names and addresses of troops and assistance with mailing. She further announced the Support the Troops Rally on Saturday. Page Eleven — City Council Minutes — January 27, 2004 Edith Stafford, 29700 Hursh, indicated that she appreciated the open meeting discussion this evening, and commented that more details was good. Ron Hewison, 35 Villa Valtelena, indicated that he had been on the topic of Lusk/Brehm Development for five years and it had not been handled properly. He further indicated that he understood Brehm had completed the sale of the property today. He suggested that Lusk was a deceitful company and the Community Development Department was ambiguous at best, in this situation. He advised that the plans were signed off, when they included references to invalid easements, resulting in a potentially fraudulent document. He further advised that the plans included an inaccurate lot elevation for Lot 118 in Tuscany, which was his home; and suggested that this was possibly a form of retaliation. He commented that the plans were held up for months by Canyon Lake residents' objects, but Lake Elsinore resident concerns were only granted three minutes at various hearings. He indicated that the final result was Brehm "giving up" after being but through the hoops. He recommended a review of what went wrong, followed by study sessions with the interested parties including City staff, the builder, the residents and the Planning Commission. CITY MANAGER COMMENTS City Manager Watenpaugh indicated that he would prepare a memo on Study Session dates and times. CITY ATTORNEY COMMENTS City Attorney Leibold had no comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS City Treasurer Weber thanked the Council for their support in wanting to get a better understanding of the bonds and protect the City in the future. Mayor Pro Tern Kelley commented on the following: 1) Congratulated Councilman Schiffner on his selection as Chairman of the LESJWA Board. Page Twelve — City Council Minutes — January 27, 2004 2) Noted that Councilman Schiffner was reappointed to the SR -91 Committee, and indicated she was pleased with that appointment. 3) Announced that the City would be loosing Chief Walsh in April, noting that she was sad he was leaving, but pleased for him because of the new assignment to the Special Enforcement Bureau of Homeland Security. She indicated that she knew this was something he had wanted to do and congratulated him on the position. She commended him on his professionalism and resolve and stressed that he would be missed greatly. Councilman Schiffner commented on the following: 1) Congratulated Chief Walsh on his selection for the new position; noting that it was very prestigious. He suggested that it would allow Chief Walsh to retire in a few years, in a blaze of glory. He indicated that it was also a coup for the City, that our law enforcement leader was chosen for the position; noting that it recognized the quality of the leader. Councilman Hickman commented on the following: 1) Noted that the last meeting was extensive and time consuming and expressed concern that he was not able to report on the Thanksgiving and Christmas events. He detailed the meals delivered, the tree lightings, the historical home tour, the free food baskets, gifts for the kids and the Cops for Kids efforts. 2) Requested a copy of the Lehr Option Agreement, Exhibits and recitals, and asked that a copy also go to the RDA Committee. 3) Announced the upcoming West Side Story production at Temescal Canyon High School. Councilman Magee commented on the following: 1) Addressed the comments by Mrs. Watts, and noted that CR & R was doing an outstanding job. He indicated that if something was too big for regular pick -up, residents could call (909) 943 -1991 to have it picked up. He concurred that it was not appropriate to have items cluttering the streets and alleys. 2) Noted the volumes of material received regarding the MSHCP, and suggested if anyone had sent him something and not received a response, give him until _ Page Thirteen — City Council Minutes — January 27, 2004 February I" and send him a reminder. 3) Addressed Mrs. Hyland's comments regarding Machado Street, and echoed the Mayor's comments regarding next year's budget and suggested that Machado would be placed high on the list. He suggested consideration of something similar to Corydon, since a portion of the street is in the County; noting the possible opportunity for a cost saving joint venture with the County to get it all done, rather than doing it piecemeal. He indicated that all of the residents would fare much better with the end result. 4) Addressed Councilman Hickman's comments on getting information earlier, noting that he was some times frustrated by the amount of material provided late in the day. He commented that some things staff can not get out any earlier, but noted that the Council had not continued anything in a long time. He suggested if they did not feel comfortable with a decision, such as the CFD issue, it had the prerogative to continue the item. He stressed that they should not feel pressured to vote right away. He indicated that he always had a "go slow" approach to spending money for others. 5) Noted the upcoming public study session for the possible formation of a Public Safety Commission, and suggested that anyone interested in participating attend the session or contact City Hall to declare their interest. 6) Indicated that he was ignorant to the issues from Mr. Hewison, but looked forward to the City Manager bringing him up to speed on the issue and looking at where to go from here. Councilman Schiffner commented that he would like to see the project discussed by Mr. Hewison come forward again for review, but noted he was not sure everyone would be thrilled with what they heard. He indicated that it was a worthwhile project and needed to get going. Mayor Buckley commented on the following: 1) Suggested an information only item on the next agenda regarding the project discussed by Mr. Hewison, with regard to history, time line and where things go from here. He suggested giving it a half hour or so. 2) Addressed request by Councilman Hickman regarding Civic Partners and the RDA Committee, and questioned the time line for provision of the information. Page Fourteen — City Council Minutes — January 27, 2004 3) Questioned if staff was any closer to deciding on the General Plan process. City Manager Watenpaugh indicated that it would be part of the budget process, unless the Council wanted an earlier study session. Mayor Buckley questioned the timing for completion of the revision. City Manager Watenpaugh indicated it would be a year to 18 months. Mayor Buckley indicated that he would like to address it soon. City Manager Watenpaugh questioned the information desired. Mayor Buckley indicated that he would like to see potential suggestions or options, noting one area of interest would be to hold public meetings and noted a process undertaken by SCAG or SANDAG for their comprehensive plan meetings. He suggested that those meetings could provide a type of visioning and kick off work on the general plan. Councilman Magee indicated it was important to first identify the scope of the work, and determine which sections to address. He further indicated that Council would need to look at the scope and consider the dollar amount before proceeding. Councilman Schiffner noted that it would be important to look at how the Plan was impacted by the MSHCP. Mayor Buckley suggested bringing a couple of options for the next meeting. 4) Requested a status report on the LEAPS Project. City Manager Watenpaugh offered to follow -up on past offers of a presentation to the Council. 5) Noted that the trash bills include an (800) number for pick -up of bulky items. 6) Announced the following upcoming events. February 1 — Open Air Market February 7 — Household Hazardous Waste Collection February 21— Opening Day for Girls Softball March 6 — Household Hazardous Waste Collection March 6 — Lake Elsinore Little League Opening Day & Restroom Groundbreaking January 28 — Public Meeting regarding CFD 98 -1, at Railroad Canyon Road 7) Noted that the Historical Home Tour set a record by raising $4,000 this year. He commended the efforts of J.J. Swanson/O'Neal. 8) Offered congratulations to the new and returning officers of the Chamber of Commerce, as well as the award winners. 9) Congratulated Chief Walsh on his promotion. 10) Thanked the NAACP and Friends of the Library for their Martin Luther King Day Page Fifteen — City Council Minutes — January 27, 2004 presentation. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:55 P.M. City Attorney Leibold announced that the City Manager's Evaluation was discussed in Closed Session, with no reportable action. ADJOURNMENT MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:56 P.M. THOMAS BUCKL , MAYOR CITY OF LAKE ELSINORE ATTEST: SAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JANUARY 29, 2004 CALL TO ORDER Mayor Buckley called the City Council Study Session to order at 4:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER BUCKLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Deputy City Attorney Steve Miles, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Public Works Manager Payne, Parks & Open Space Manager Fazzio, Police Lieutenant Featherolf, and Deputy City Clerk Ray. DISCUSSION ITEMS (F:59.6) Mayor Buckley gave an overview of the history of the Public Safety Commission. He noted the Commission was started in the mid 80's and slowly diminished. The idea of reestablishing the Commission was entertained one year ago by Council. During that time Council expressed there feeling and gave their views on the Public Safety Commission. PAGE TWO -STUDY SESSION - JANUARY 29, 2004 Public Comments Tim Fleming, stated that he along with Councilman Hickman attended a meeting at Martha's Village & Kitchen (homeless shelter) in Indio; Wendy Kolk from Supervisor Buster's Office also attended the meeting. He commented that there was no disaster relief in Lake Elsinore. He indicated there were some discrepancies on the City of Lake Elsinore/Riverside County Emergency Personnel List. Mr. Fleming suggested forming a citizen group based on future districts. Councilman Hickman commented that Temecula formed a citizens group overseen by the School District, Fire Department and Police Department. He stated that Temecula had two 40 ft. trailers that were mobile. He further commented that Lake Elsinore had no disaster plan. Mayor Buckley gave an overview of the packet presented to Council. He commended Councilman Magee on his proposed draft of Chapter 2.46 of the Lake Elsinore Municipal Code. ... Ron Hewison, 35 Villa Valtelena, Tuscany Hills, commented that there were potential fire hazards in the Tuscany Hills area. He further commented that he had submitted recommendations for public safety issues. Councilman Magee commended Mr. Hewison on his detailed research and recommendations. Councilman Magee submitted a proposed draft of the Lake Elsinore Municipal Code Chapter 2.46 regarding the Public Safety Commission. He commented that the Commission would be helpful to police, fire and code enforcement. He noted that he would like to see the City complaint form available on the City website. Councilman Hickman stated his concern was that there was no disaster relief in Lake Elsinore. He suggested following Temecula's design. He stated his idea of public safety was not to watch over the Police Department. Mayor Buckley commented that the Disaster Preparedness Plan was updated every few years. He indicated that he would like to include public health in am PAGE THREE -STUDY SESSION - JANUARY 29, 2004 public safety. He noted grant funds might be available. Mayor Buckley commended Councilman Magee on the draft he submitted regarding the Public Safety Commission. He also suggested a citizen patrol /action patrol. Councilman Schiffner indicated that he was not in support of any commission or committee to oversee the Police Department; however he was in support of disaster relief and felt it was an excellent idea. He stated in his opinion the City Council was not ready to approve a commission at this time. He suggested forming an Ad Hoc Committee and presenting a package to Council. He reiterated that he would not approve any oversight of the Police Department. Councilman Magee asked the City Manager to give an overview of the disaster plan the City had in place at this time. City Manager Watenpaugh explained that the Emergency Operation Center (EOC) was located in Conference Room A at City Hall. He noted there were satellite phones to communicate with the County. He noted that Red Cross set up shelters depending on the disaster and the location. Mayor Pro Tem Kelley commented that there were some good ideas put on the table for the Council to consider. She stated that she could support the duties in the draft as proposed. She noted the citizen patrol /action patrol suggested by Mayor Buckley would need to be considered later. She understood there was a Countywide plan, but suggested there was a need for a Citywide plan that would include disaster preparedness. She complimented Mr. Hewison on the suggestions he had submitted. Police Lieutenant Featherolf, suggested that if Council was to elect a committee that it be an Advisory Council. He stated that from past experience an Advisory Council had been more effective with the community and law enforcement. He continued to say it would be an advisory body not an investigative body. He noted that the present ordinance would not work well if the Council elected to have an Advisory Council, as the ordinance would need to be revised. He noted that there PAGE FOUR -STUDY SESSION - JANUARY 29, 2004 would always be a cost with an Advisory Council or Public Safety Commission. Councilman Hickman requested a copy of Temecula's Disaster Relief Plan. Public Works Manager Bill Payne commented that he would contact Phillip Bardos, Riverside Office of Emergency Services to obtain that information. Mayor Buckley commented there was no intent to micromanage public safety mechanics. He commented Councilmembers would only be responsible for appointing individuals of their choice. He asked Police Lieutenant Featherolf if there should be any type of background review of the individuals. Police Lieutenant Featherolf recommended screenings and background investigations. City Manager Watenpaugh recommended everyone chosen be over the age of 21. Councilman Magee agreed with Councilman Schiffner to appoint an Ad Hoc Committee. City Manager Watenpaugh indicated that with the direction of the Council, staff could start working on Lake Elsinore Municipal Code Chapter 2.46. He recommended having representatives from the Police, Fire, Code Enforcement and Public Works Manager Bill Payne who was the Disaster Preparedness Coordinator to give input to the Council. Councilman Magee stated that the LEMC needed to be rewritten. He suggested another draft of the LEMC Chapter 2.46. Mayor Buckley noted that he would like to see public health added to the draft. He indicated the information that would be brought back to Council would need to include duties and responsibilities. He commented that the title was very important; whereas the word commission implied a definite -*M PAGE FIVE -STUDY SESSION - JANUARY 29, 2004 sense of permanence; whereas the word advisory council or committee did not; and to ensure it did not fade away again, appointed individuals that give their time and serve, needed to know that they were making a difference as opposed to just advising. He commented the Public Safety Commission was just as important as the Planning Commission. He asked fellow councilmembers if they would like to appoint an Ad Hoc Committee or elect two Councilmembers to work with staff. Councilman Schiffner suggested that two Councilmembers along with staff rewrite Chapter 2.46 and bring it back to Council. Council agreed an Ad Hoc Committee would not be appointed and staff would work with Councilman Magee and Mayor Buckley. Daniel Uhlry commented he agreed with the screening process and suggested following the City of Perris guidelines regarding section 2.48.010. He noted the Public Safety Commission should assist the police and sheriff patrols, not be a detriment. Chris Hyland suggested that there should be input from the public. She noted that the Council and Staff were going to rewrite the draft and there was not any public input; and she felt a member of the public should also be involved with the rewrite of Chapter 2.46. Mayor Buckley stated that the public could e -mail Councilmembers and staff or mail their ideas to the City regarding the issue. Edith Stafford complimented Councilmember Magee on the draft he submitted and asked to have a disaster plan implemented. She noted the community needed more eyes and ears and felt this was a good idea. City Manager Watenpaugh noted that the City had received phone calls from Tim Fleming and George Alongi, requesting to be considered for the Commission. Mayor Buckley thanked everyone for attending to the Study Session. PAGE SIX -STUDY SESSION - JANUARY 29, 2004 ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 5:00 P.M. THOMAS BUC EY, MAYOR CITY OF LAIa ELSINORE Respectfully submitted, J re eerick Ra , eputy City Clerk A EST: VICKI SAD, ACC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10, 2004 CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Information /Communications Manager Dennis, Lake & Aquatic Resources Director Kilroy, Public Works Manager Payne, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there were three items for closed session. 1. Anticipated litigation (2 cases). 2. Public employee performance evaluation (City Manager). Consent Calendar 1. Minutes — Councilman Magee commented on Item 1 a page 8 that PAGE TWO -STUDY SESSION - FEBRUARY 10, 2004 he was listed as the Liaison to the Downtown Merchants Association. Councilman Hickman indicated that City Treasurer Weber was the Liaison. Councilman Magee requested making that change in the record. He also commented on Item lb page 3, fourth paragraph, John Tavaglione's name was spelled incorrectly and the last paragraph of that same page last sentence it was a TAKE permit not TANK permit. 2. Warrant List — Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Mayor Buckley inquired why the City was paying for the gas leak on Main and Sulpher, and if it was because of the right -of -way. NNW City Manager Watenpaugh confirmed that was correct. Mayor Buckley asked if the tanks were approved to build in the right -of- way. City Manager Watenpaugh explained the tanks that were removed had been in place years ago, and when the City did a renovation 10 years ago to the downtown area, the tanks were found; thus the City got to remove and abate the tanks. Mayor Buckley inquired if there was any potential that the original owner would remove the tanks. City Manager Watenpaugh explained the property had changed hands multiple times. He commented that the City was liable for the removal of the tanks. 3. Approval of Final Map 30492 — Pardee Homes, Inc. PAGE THREE -STUDY SESSION - FEBRUARY 10, 2004 Councilman Magee commented he would be abstaining from Items 3, 4, and 5 since the projects were all approved before he was seated on the Council. 4. Approval of Final Map 30492 -4- Pardee Homes, Inc. No comments. 5. Approval of Final 30754 — Pardee Homes, Inc. No comments. PUBLIC HEARING 21. Tentative Tract Map 31917 — K. Hovnanian Forecast Homes — —' Mayor Buckley inquired about Condition # 16 (allow work on Saturday). He commented he had concerns about that Condition; and he noted that there were homes nearby although he had not received a lot of complaints recently, the past actions of the builder concerning their hours of operations and keeping the dust down was in his opinion awarding inappropriate behavior. Councilman Magee recalled in July of 2003, while attending a Council Meeting, listening to residents in the site area explaining the reasons why they were displeased with the way the grading operation had occurred and the hours of operation with respect to this particular builder. He indicated based on their past performance the complaints that were received from that particular housing group and page 4 of a City Manager's memo dated 2/6/04 "Forecast Homes had not been willing to work with Staff and will receive daily citations, beginning Monday, February 9th until compliant with their conditions of approval ". He commented he was not interested in rewarding a developer whose bad behavior continued seven months hence. Mayor Pro Tem Kelley inquired if they were currently in compliance with CR &R. PAGE FOUR -STUDY SESSION - FEBRUARY 10, 2004 City Manager Watenpaugh confirmed they were currently in compliance with CR &R. He indicated another issue that might come up was regarding a signal light. Councilman Magee asked City Manager Watenpaugh to explain. City Attorney Leibold joined the Study Session. City Manager Watenpaugh explained that Staff was working with the builder to require that they put up a cash bond or letter of credit; he explained that the condition in their existing plan allowed them nine more houses they could pull, but they reached the nine houses they could not pull anymore permits until the signal was in place. He noted unless the builder complied with a letter of credit or cash bond they would not be able to pull more than nine permits. Councilman Schiffner inquired if the builder had given an explanation of why they had not moved forward with the signal. City Manager Watenpaugh indicated the builder had ordered the controller prior to getting the signalization approved, but the controller received was not to the specifications the City uses, so they had to reorder. Councilman Hickman indicated that Horton in the Tuscany area was working seven days a week, and their sign stated until dusk they were allowed to work. He noted daylight savings would be upon us soon and they should be working 7:00 a.m. to 5:00 p.m. like everyone else and they were working that past Sunday. Mayor Buckley commented that in a number of other cities that failure to comply with hours of operations and dust remediation, not only meant the work had to end that day, but they also did not get to work the entire next day. He also commented as a City we should have far more strict penalties for failing to comply with work hours. He deferred to City Attorney Leibold inquiring how strict the City could become. -- PAGE FIVE -STUDY SESSION - FEBRUARY 10, 2004 City Attorney Leibold noted the City could establish hours of operation or construction activity as deemed appropriate. She indicated the noise ordinance specified that construction or grading activity had a specified time frame. Mayor Buckley inquired if to put in a penalty, the Council would need to change the L.E.M.C. City Manager Watenpaugh inquired if rather than penalizing all of the developers, was it possible to add something similar to Mayor Buckley's suggestion into the cost recovery program, so if the City charged it, then it became an issue of enforcement. -` City Attorney Leibold indicated it was possible for Council to impose a more restrictive condition than what was specified in the LEMC with discussion and a finding as to why a more restrictive condition was imposed. Mayor Buckley inquired if past bad behavior would qualify. City Attorney Leibold commented certainly with respect to a cost recovery concept suggested by the City Manager, because the City had historically incurred cost in the enforcement of that condition. She was not sure that past bad behavior justified a more restrictive time of operation, but felt Council could specified exactly what the consequences of violating the condition were. Councilman Schiffner indicated there must have been a reason why the time was extended to include Saturday and had to have been discussed at the Planning Commission and there must have been some comments. Community Development Director Brady indicated the applicant had requested additional time and the intent was the location of the tract was removed from the existing homes and the noise would not be as great. PAGE SIX -STUDY SESSION - FEBRUARY 10, 2004 Councilman Schiffner commented that the tract was further back and was not as close as the first tract. He indicated it should be conditioned upon there being no complaints; and in the event complaints were received the Council would eliminate Saturdays. Councilman Magee inquired about the lot sizes in the tract. Community Development Director Brady indicated the lots ranged in size from 6,000 sq. ft. to 27,000 sq. ft. and the average size was 10,114 sq.ft. Councilman Magee indicated on Condition #57 staff had discussed slopes greater than 2:1 and inquired if there were a significant amount of slopes greater than 2:1 in the tract. Community Development Director Brady indicated the City standard was 2:1. Councilman Magee indicated Condition #79 the last sentence read — "Signal shall be funded by CFD monies and in accordance with the development agreement associated with the La Laguna Estates Specific Plan." He inquired if there was money in that fund right now or was it something that would be created in this particular phase. Community Development Director Brady indicated he was not sure of the amount of the balance of that CFD at that time. He would need to research that information. Councilman Hickman asked if Staff was requesting drip irrigation for the landscaping and possibly fertilization units. Community Services Director Brady indicated the landscape plan had not been submitted, but the HOA would maintain all the common open space areas. Slope areas that were in a lot would be the responsibility of the property owner. PAGE SEVEN -STUDY SESSION - FEBRUARY 10, 2004 Councilman Hickman indicated they had won an award at the State level in Tuscany Hills for their drip irrigation program. He suggested in the future Staff should consider drip irrigation instead of sprinklers, as it would conserve water and save money. Councilman Schiffner suggested adding into the Conditions of Approval — In the event of excessive number of complaints, Saturday work would be eliminated. 22. Tentative Parcel Map No. 29996, Mitigated Negative Declaration No. 2003- 04 and Design Review of Industrial Project No. 12003 -05 -Southwest of Collier Avenue on Hunco Way within the Collier Avenue Business Park. City Manager Watenpaugh gave an overview of the item. Councilman Magee noted on the bottom of page 1 there was discussion of when building permits could be pulled and on the next page the sentence began- "Buildings G and H as shown on the plans ", it was possible Staff dropped a sentence. Community Development Director Brady clarified in the staff report the condition was modified to allow the buildings to be constructed and the certificate of occupancy would not be granted until the storm drain was in place, so the last sentence on page 1 should read "Complete construction of the storm drain prior to issuance of any certificates of occupancy ". The Buildings G and H should not have been included. Councilman Magee inquired if there was a design of the storm drain available. Community Development Director Brady explained the drainage would go from Collier, take the drainage off the Home Depot site, take it through Hunco Way across Pasadena and into the Outflow Channel, which was under design. PAGE EIGHT -STUDY SESSION - FEBRUARY 10, 2004 Councilman Magee noted in the plans that were submitted to him, the upper right hand corner of the Tentative Parcel Map Engineer Dennis C. Fonsworth's license expired in the year 2000 and hoped he had an updated stamp and license before he submitted the plan. Business Items City Manager Watenpaugh commented that there was a request by the Water District to pull Item No. 33, the LEAPS Project. He noted Mayor Buckley had requested a written project in the packet that was given to Council, but the Water District would like to make a presentation. Councilman Schiffner explained they would need to agendize the matter because they would have more than two Director's at the Council Meeting. Mayor Pro Tem Kelley indicated that she would like to see a presentation on the issue. Councilman Magee echoed Mayor Pro Tem Kelley and commented that he was not comfortable with seeing the item on the agenda without receiving an update as a Councilmember. Mayor Buckley commented that the sudden arrival on the agenda was extremely inappropriate and he found it interesting that they decided to pull the item. He indicated at the last meeting Council was looking for a timeline and some sort of informational direction whether the City had to get involved or if the City could get involved, and what were the consequences if the City did get involved, which were basic questions. He noted if the City was a permitting agency it would absolutely inappropriate for the Council to consider a resolution of support as that could be conceived as predecisional in the permitting concept. Councilman Schiffner explained that the Water Department requested LESJWA to give the approval supporting the LEAPS Project, and he gave the approval of the City on the condition the City Council would approve it, so LESJWA could not approve the support until the Lake Elsinore City PAGE NINE -STUDY SESSION - FEBRUARY 10, 2004 Council had given their support, so he requested it be put on the Agenda and the Water District requested the opportunity to give a presentation. 31. July 4th Fireworks. Mayor Buckley commented it was a great idea to have the fireworks over the Lake. City Manager Watenpaugh deferred to Community Services Director Sapp. Community Services Director Sapp explained there were only two pyrotechnic companies available, the third company (San Diego Fireworks) was booked for that day. He explained that Fireworks America was located in Lakeside and provided a bid at $15,000 and $20,000. Pyro Spectaculars was located in Rialto and provided a bid at $17,000, $20,000 and $25,000. He noted for comparison purposes he used the $20,000 bid. He indicated Pyro Spectaculars could do a simulcast over the radio "Sky Concert" with music and last 20 minutes. Fireworks America could also provided the same simulcast over the radio, but since they were located in Lakeside the radio stations they work with were San Diego based and might not have the range to reach Lake Elsinore. Pyro Spectacular networked through KOLA Radio 99.9, which reached Lake Elsinore. He went on to say that the price tag was broken down to the number of shells that each bid would provide. Pyro Spectacular provided 1,136 or approximately one shell per second. Fireworks America was 694 or one shell per 1.7 seconds, both shows were 20 minutes in length for $20,000. Mayor Pro Tern Kelley inquired about Staff coordinating a boat parade. Community Services Director Sapp indicated that it was discussed if there were an activity on the Lake with fireworks it would be a great opportunity to have a boat parade. The Staff cost for preparation and event operation was estimated at $9,417 and would be part of the 2004 -2005 FY Budget. PAGE TEN -STUDY SESSION - FEBRUARY 10, 2004 Councilman Hickman inquired why the boats already on the lake need to come off the lake instead of being out there with their green and white lights on and let the boats for the parade go about the exterior of the lake. Lake & Aquatic Resources Director Kilroy explained that during the first year the Lake Department would like to see where the fall -out zone would be and there was concern of heavy drinking on the 4th of July and wild boaters, so it may be difficult to control the area. Councilman Hickman commented that he would go with the first year of having the boats come off the water, but the second year he would like to see the lake open for all boaters. Community Services Director Sapp commented that there was normally one or two arrests while boating under the influence. He noted it was illegal to drink on the beach and illegal to be drunk while driving a boat, but it was not against State law to drink in a boat on the Lake. ... City Manager Watenpaugh expressed his concern with the unlimited speed zone on the Lake; and there would need to be enforcement out there all night or until patrol was able to get everyone off the Lake. Mayor Pro Tern Kelley inquired about possible parking issues. She commented that along Lakeshore Drive cars would stop to watch the fireworks. She asked if staff would try to have citizens go to other areas to park. Community Services Director Sapp indicated that Staff would encourage citizens to park at the Stadium and walk out in the levee and view the fireworks show. Staff was recommending that Council exempt Staff from Chapter 3.08.070 LEMC (the formal bidding process). Councilman Magee was concerned with the dollar amount for the event. He thought the idea with the Lake was great and encouraged Staff to work with Pete Dawson and L.E.M.S.A.R. He agreed with Mayor Buckley regarding -- PAGE ELEVEN -STUDY SESSION - FEBRUARY 10, 2004 free parking at the stadium and at the boat launch facilities if a flyer was to be prepared that not only discussed where the fireworks were, but gave the details of participating in the boat parade. 32. Consideration of State Proposition 57- Economic Recovery Bond Act; and Proposition 58 California Balanced Budget Act. Mayor Buckley suggested Resolutions of support. City Manager Watenpaugh indicated Staff had drafted letters of support, but could revise them into resolutions of support. Mayor Buckley indicated letters of support would be fine. City Manager Watenpaugh indicated that Assistant City Manager Best had attended a meeting with neighboring cities and chambers and they were in favor of 57 and 58, but it was a Council decision to support the propositions. 33. Resolution of Support for EVMWD's LEAPS Project. The item was pulled from the Agenda. 34. Annual Financial Reports for Fiscal Year ended June 30, 2003. City Manager Watenpaugh gave an overview of the item. 35. General Plan Update. Mayor Pro Tern Kelley indicated this was long overdue. City Manager Watenpaugh gave an overview of the item. He noted that it could be costly. Staff was proposing to Council to do an RFP or RFQ to receive quotes and then break down into elements. The first would be the PAGE TWELVE -STUDY SESSION - FEBRUARY 10, 2004 land use and second would be traffic circulation; this would be a multi -year project, so it could be funded in multiple years. He deferred to Community Development Director Brady. Community Development Director Brady indicated that in the Staff reports the housing element would need to be updated and that was an issue Council might want to consider as part of this particular process, it was required by law to be updated on a regular basis. The addition of an economic element or lake element or tourist recreation element could also be part of the plan. He noted the Council might want to consider revising the zoning ordinance, which was the implementing tool of the General Plan. Councilman Schiffner commented that a portion of the General Plan would need to be revised to be in conformance with the MSHCP. Community Development Director Brady indicated the key elements would be both the circulation and the land use. Councilman Magee indicated the process could go astray rather quickly and become extremely time consuming. He commended Mr. Brady on the RFP document. He noted that under Item 5.0 with respect to the sphere of influence, it was important to stress whether in writing or during the interview process that we had some very unique and sensitive issues with respect to our sphere of influence. Item 7.0 was well worded. Item 5c under cost of services, he suggested adding "a periodic budget review of these tasks as they met threshholds ", this would allow Council to monitor the dollars so that it did not spiral out of hand. He indicated page 9 of 13 Item C4, the last sentence — "A total not to exceed the cost of each of the tasks for the entire scope of work must be included." He asked how the City intended to handle change orders. He noted this could be answered later. He indicated the City of Riverside was on track to complete theirs in 18 months. Mayor Buckley wanted to ensure that the potential bidders for this project understood public participation through numerous townhall type meetings through an active engaged advisory committee and something similar to the SCAG compass or what SANDAG had done to drive the process. He PAGE THIRTEEN -STUDY SESSION - FEBRUARY 10, 2004 suggested "Public participation shall be an integral and key component from the outset of the process." REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item for closed session. 1. Conference with Real Property Negotiator with respect to the Stadium and Impact Consulting. The price and terms were under discussion. Consent Calendar No comments. BUSINESS ITEMS 3. Establishment of Joint Study Session with RDA Committee. Chairman Hickman commented he would like to schedule it in March and suggested the RDA Committee set the agenda. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:15 P.M. THOMXS ByCKLEY, MAYOR CITY OF LAKE ELSINORE PAGE FOURTEEN -STUDY SESSION - FEBRUARY 10, 2004 RYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, Frederick Ray, Deputy City Clerk ATTEST: CSI KXS D, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Administrative Services Director Pressey, Director of Lake & Aquatic Resources Kilroy, Information /Communications Manager Dennis, Public Works Manager Payne, Parks & Open Space Manager Fazzio, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) (3) (C) of Gov't Section 54956.9 (2 cases). (F:40.1)(X:52.1) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — City Manager. (F:46.1) City Attorney Leibold announced the Closed Session Items as listed above. Page Two — City Council Minutes — February 10, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:15 P.M. The Closed Session discussion was completed at 7:05 p.m. RECONVENE PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:15 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Reverend Don Butenshon. INVOCATION — MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection and asked everyone to keep in their thoughts Connie Whittaker and Carl Brewster. PRESENTATIONS /CEREMONIALS a. Chamber of Commerce Update F:108.4) Chairman of the Board Jack McColley gave an update. He commented the Chamber of Commerce started the New Year with their annual awards and swearing in of their 2004 Executive Officers and Board of Directors at their recent 55th Annual Installation Dinner. The 2003 Citizens of the Year were Pastors Fred Rodriguez and Russ Stewart of First Assembly Of God Church. The 2003 President's Award winner was Carmen Malone of High Grove Restaurants, 2003 Small Business of the Year winner was Wells Fargo Bank, and 2003 Large Business of the Year winner was High Grove Restaurants. The 2003 John Packman Memorial Award winner was Sonya Wilson. He noted there were new titles for some of the Executive Officers and announced the new office manager was Amy McColley. He congratulated the first new members of the new premier membership program. He noted the first EDC Luncheon and Business Program of Page Three — City Council Minutes — February 10, 2004 2004 would be held February 12, 2004, 11:30 a.m. — 1:00 p.m. at the Diamond Stadium in the Diamond Club. He announced that the Chamber was hosting a Candidates Forum for Riverside County Supervisors, and reservations were required by noon on February 11, 2004. He indicated they would also honor the February Business of the Month (Lake Elsinore Florist and Gifts). Ed Aguirre would be taping the forum and Comcast would be airing the video on channel 29 on 2/18/04 (7p.m.), 2/23/04 (7p.m.), 2/25/04 (7p.m.) and 3/1/04 (7p.m.). He further announced the next Student of the Month Luncheon would be 2/24/04 (noon) at the Lake Elsinore Sizzler. The first Business Mixer would be held on 2/26/04 at the Lake Elsinore Woman's Club at 5:30 p.m. 7:30 p.m. and hosted by the Lake Elsinore Woman's Club, Lake Elsinore Valley Arts Network and Lake Elsinore Historical Society. The annual calendar of events could be accessed online at www.levcc.org. The Chamber was recruiting new members for their Ambassador Committee. He spoke highly of Connie Whittaker and Carl Brewster and indicated they would be sorely missed. He commented that the First Christian Church would be holding a memorial for Connie Whittaker; and Carl Brewster had no local family, but did have family that would be coming from out of town. He noted the Chamber would make every attempt to keep the community updated. Mayor Buckley asked Chairman McColley to post all information on the Chamber website. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE No comments. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 -0, COUNCILMEMBER MAGEE ABSTAINING FROM VOTE TO APPROVE THE CONSENT CALENDAR WITH THE TYPOGRAPHICAL CORRECTIONS TO BE MADE TO ITEMS lA AND 1B AND APPROVE FINAL MAP 30492, FINAL MAP 30492 -4 AND FINAL MAP 30754. Page Four — City Council Minutes — February 10, 2004 1. The following Minutes were approved: a. City Council/Redevelopment Agency Study Session — December 9, 2003. b. City Council Study Session — December 17, 2003. C. City Council Study Session — January 22, 2004. d. City Council/Redevelopment Agency Study Session - January 27, 2004. e. Regular City Council Meeting - January 27, 2004. (F:44.4) 2. Ratified the Warrant List of January 29, 2004. (F:12.3) PUBLIC HEARINGS 21. Tentative Tract Map No. 31917 — K. Hovnanian Forecast Homes — North of McVicker Park and West of Grand Avenue and Lincoln Street within the La Laguna Estates Specific Plan Area. (F:160.2) Mayor Buckley opened the public hearing at 7:25 p.m. Community Development Director Brady indicated the map was part of the La Laguna Estates Specific Plan Project. The map before Council was to subdivide 51 acres into 98 single family lots and five open space lettered lots; on January 20, 2004 the Planning Commission held a Public Hearing on this item and reviewed the Tentative Tract Map, there were some modifications made to the conditions of approval recommended to the City Council at the 4:00 p.m. Study Session. He noted Condition #16 that addressed the construction hours of operation. Staff had recommended Monday through Friday, but the Planning Commission recommended including Saturday. He indicated that on Conditions #79, 80, and 81 there was inquiry regarding the funding of the signals; he clarified the wording — "said signal may be funded by CFD monies if available and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan ", that same wording would be included in #79, 80, and 81. He detailed the location of the project north of McVicker Park. The lots ranged in size from 6,000 sq.ft. to 27,000 sq.ft; and Page Five — City Council Minutes — February 10, 2004 the average lot size was 10,114 sq.ft. The models they would be using were the same models they were currently constructing in their other tracts. Steven Ford, Forecast Homes, indicated that they had read the conditions and mentioned on page 3 of 34 they stated "hauling trucks shall not operate on a Saturday" and it was related to the McVicker roadway by the park and they did not want to preclude any hauling trucks, but it was to facilitate if there was a need for moving dirt on and off the site, but they would not be doing any hauling. Mayor Buckley indicated the page Mr. Ford was referring to was page 6 of 34 and it was part of Condition # 16. Mr. Ford indicated their understanding was that the traffic signals were a reimbursement through the CFD. Ron Hewison, 35 Villa Val Telena, indicated that he was not there to speak on the Forecast Homes, but was there to speak on Condition # 16. He indicated about four years ago he had a similar situation arise with the Community Development Director; and he had obtained an e-mail from him, which categorically confirmed even though the conditions did not include Saturday work, Saturday working would not be permitted because of a City noise ordinance. He indicated that he was surprised to see now there seemed to be flexibility that did permit, despite giving written assurance to residents that this could happen. He commented that the Horton Development worked a full eight to ten hour day on Saturday, February 7, 2004; and on Sunday, February 8, 2004, they were on site before 6:00 a.m. and the final truck was not pulled off the site until 12:00 p.m. He commented they were doing full grading and tunneling and he requested that some attention be given to the cleanliness of the site, as there were no trash cans available onsite. Dan Uhlry, 103 Flint Street, indicated on the Saturday workday the Developer requested that the Planning Commission add Saturday work. The Planning Commission felt due to the traffic with McVicker Park they did not want any hauling done on McVicker Road on Saturdays. The Planning Commission had no objections because the project was back in the hills. Page Six — City Council Minutes — February 10, 2004 Mayor Buckley closed the public hearing at 7:35 p.m. Councilman Schiffner suggested adding to the Conditions of Approval — The opportunity to work on Saturdays would be dependant upon the Community Development Department, depending on the number of complaints that they received; and they could suspend the Saturday work if the complaints were excessive enough that they felt they should suspend Saturday work. Councilman Magee noted that there was no lot less than 6,500 sq.ft. and the average lot size was over 10,000 sq.ft. He indicated in July, 2003 he attended a Council Meeting were several homeowners came and complained to Council about this particular developer, about the violations in respect to working hours, dust, etc. He indicated that he would feel more comfortable if the developer had complied and if Mr. Woodward and his neighbors had attended the Council Meeting or prepared a letter that indicated they had no problem with this project moving forward on a Saturday. He understood Commissioner Uhlry comment with respect to how far back this site was in the hills, however he felt it was an ample theater back there, that when the equipment started up, the noise would come right back down the canyon and at 7:00 a.m. on a Saturday the Council would receive complaints. He commented on a weekly memo that was prepared by the City Manager were he indicated, "Forecast Homes had not been willing to work with Staff and will receive daily citation beginning Monday, February 9 until compliant with their conditions of approval." He noted a particular sentence dealt with the developer using an outside trash hauler violating the City's agreement with CR &R. He inquired when the first notice to comply was sent out and when if ever they had complied. City Manager Watenpaugh commented that he was not sure when the first notice to comply went out, but they were currently in compliance and deferred to Community Development Director Brady and Community Services Director Sapp. Community Development Director Brady commented that the conditions of approval required the developer to use CR &R; that was a standard condition, —. Page Seven — City Council Minutes — February 10, 2004 because of the requirements the City had to recycle and to meet the City's recycling requirements through the State, or the City would be fined. The developer signs an acknowledgement of those conditions of approval. He did not know when a specific notice was sent to the developer, but it was discussed with them, that they would need to bring this into compliance or they would be shut down. Councilman Magee inquired if the situation had been going on more than 30 days. Community Development Director Brady confirmed. Councilman Magee inquired if longer than six months. Community Development Director Brady commented that probably since the beginning of the project he believed they had used a different trash hauler. Councilman Magee commented that suddenly before the public hearing they were now in compliance. Councilman Magee commented that it was a good project and he liked the lot sizes, however he did not want to receive complaints on Saturday mornings from those same residents that had complained before; and based on the track record he could not support allowing the developer to work on Saturdays. Mayor Pro Tem Kelley agreed with Councilman Magee and recalled that particular Council Meeting. She indicated that based on the compliance issues she could not support working on Saturdays. Councilman Hickman asked Community Development Director Brady to follow up with Horton in Tuscany Hills to make sure they had a contract with CR &R. He asked Mr. Ford if they would be able to comply with getting the traffic signals installed and operating, to remain in compliance. Mayor Buckley inquired when the signals would be operational. Mr. Ford indicated that he had given a memo to the City Engineer regarding the traffic signals. He noted the posts were in place and the electrical was completed, the arms of poles were lying on the ground ready to be raised. He further noted that 2/14/2004 was the scheduled date for the poles to be raised and the controller would be in on 2/13/2004; and installed on 2/17/2004 on the first signal and 2/23/2004 on the second signal. Page Eight — City Council Minutes — February 10, 2004 Mayor Buckley indicated that there had been no other development that he had received more complaints about than this particular development. He commented he did not want to reward poor behavior by allowing extra work on Saturday. He also commented on Horton development in Tuscany working on Sunday and reiterated to Community Development Brady to follow up on that issue. He noted normally when developers worked on a Saturday they would just be shut down and resume business the next day without serious consequences for violating the conditions of approval. He indicated at the 4:00 p.m. Study Session there was discussion on potentially modifying condition #88. He deferred to City Attorney Leibold. City Attorney Leibold indicated that Condition #88 as written required a $5,000 performance bond to guard against any potential future violation of the City's noise ordinance or Condition of Approval # 16. She suggested a cash deposit that could be drawn upon in the event of violations and encourage Council to impose that requirement only upon the first violation as opposed to a condition of approval that would go into effect immediately. -- Mayor Buckley deferred to City Manager Watenpaugh regarding cost recovery. City Manager Watenpaugh commented that cost recovery was all of the developers putting in a cash deposit; and staff drawing against the deposit; and when it was depleted another deposit was made before services were rendered. City Attorney Leibold inquired if law enforcement costs that were not reasonably part of the Sheriff Office; would customarily be drawn down that activity. City Manager Watenpaugh commented that he was not aware of ever withdrawing for police services. City Attorney Leibold indicated she was referring to community development services not the Sheriff is Department. Page Nine — City Council Minutes — February 10, 2004 Community Development Director Brady indicated that cost recovery was for the processing of the project. He noted if Code Enforcement was sent out it would not be charged against the deposit. He indicated the intent of this condition was to have a separate deposit. City Attorney Leibold clarified that it was a deposit separate and apart from the entitlement processing. Mayor Buckley confirmed. He noted essentially it would be money set aside for every time there was a complaint and a City employee had to go to the site to resolve the issue, the money would come immediately out of that deposit. City Attorney Leibold suggested a Condition #88 that read as follows: Upon violation by applicant of the City's Noise Ordinance and for Condition of Approval # 16, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval # 16. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000." Mr. Ford indicated that he agreed with Councilman Magee's statements. He noted the nearby residents of the first site had his home number and he had also received complaints. He commented that they had taken the complaints very seriously and enforced their policies with their suppliers and subcontractors. He indicated their was an awkward situation at Sunswept, which was contingent from the beginning, with people that had an ax to grind and even when there is blowing wind it was their (Forecast Homes) fault. He commented that they had taken care of those issues and posted their bond and no one had asked to go against their $5,000 bond. He noted he took exception to the Council's comments with regards to their character and the way they had handled the complaints. He indicated that Carol Donahoe extended their notice documents and their perimeter, because it was contiguous ownership. He commented that on the trash hauling compliance there was verbiage originally Page Ten — City Council Minutes — February 10, 2004 that they felt if they were hauling things to the dump then they would not need to use CR &R. He noted the City had a memo and there was conference call with their Counsel and Community Development Director Brady discussing CR &R and the conditions and how it was to be handled. He noted other developers were not handling it the same way. He explained their trash hauling went to recycling from where there contractor had it; and they were now using CR &R (which was an extra cost) and were revamping all of their contracts so that they were going to put the trash into the containers, so the City would receive full credit for the reduction of the waste. He commented they were not resolving this issue because of this hearing it had been a long standing issue. They requested a Saturday workday because the City Noise Ordinance allowed for construction work Monday through Saturday; and their Specific Plan reflected construction activity Monday through Saturday. There was special imposition on them on Tract Map 30788 because of the proximity of the homeowners. He noted there had not been one complaint since the second phase had been underway. He did not understand the stipulation for something that was done, acknowledged and resolved. Mayor Pro Tern Kelley inquired of the other developments in the City, were there any developers allowed to work on Saturdays. City Manager Watenpaugh deferred to Community Development Director Brady. Community Development Director Brady explained that it had been Staff's recommendation because of these issues, if there were any development in close proximity to residential homes Staff recommended that it only be allowed Monday through Friday, but the applicant could request a Saturday workday. He commented it had been Staff s position to only allow Monday through Friday, and normally Staff found out about a developer working on weekends when someone complained to Staff. Councilman Magee addressed Mr. Ford and clarified that he did not use the word character when discussing the issues with his company and if he did he apologized. He explained his issue was performance, and with respect to City —. Page Eleven — City Council Minutes — February 10, 2004 Staff expanding the circle of notices; he commended Staff. He commented that Forecast Homes had known for over six months that CR &R was the required hauler, which was in the Conditions of Approval and did not understand why the developer did not use CR &R. MOVED BY MAGEE, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP 31917 SUBJECT TO THE MODIFICATIONS TO CONDITION NO. 88 AS READ INTO THE RECORD BY THE CITY ATTORNEY AND A MODIFICATION TO CONDITION NO. 16 THAT WOULD PRECLUDE CONSTRUCTION ON SATURDAYS, BASED ON EXHIBIT E AND RECOMMENDED FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4, and therefore, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The map proposes single family residential lots that exceed the Specific Plan lot size minimum. The map supports the circulation plan outlined in the Specific Plan. The map provides open space areas that protect the natural topography and views. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. The map is consistent with Section 3.1.2.f. — Land Use Guidelines and Standards, and Section 6.2.6.a. — Density Transfer Provisions, of Amendment No. 1 to the Specific Plan. 3. 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. Such concerns Page Twelve — City Council Minutes — February 10, 2004 were considered in the adopted Environmental Impact Report No. 92 -2 (EIR) for the La Laguna Estates Specific Plan. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. Conditions of Approval include adherence to previously adopted mitigation measures for the Specific Plan. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. Such concerns were considered in the adopted Environmental Impact Report No. 92 -2 (EIR) for the La Laguna Estates Specific Plan. 6. The design of the proposed division on land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. Italics indicate verbiage added; &o2ikethremgh indicates verbiage deleted. PLANNING DIVISION 1. Tentative Tract Map No. 31917 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 (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 31917 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. Page Thirteen — City Council Minutes — February 10, 2004 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 31917, which action is brought 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. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP: 5. The applicant shall comply with the requirements of the Elsinore Valley Municipal Water District, as noted in their transmittal dated November 13, 2003 attached. 6. The applicant shall comply with all Conditions of Approval by the Riverside County Fire Department, as listed in their transmittal dated November 19, 2003 attached. 7. All lots shall comply with minimum standards contained in the Development Standards approved with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4. Where these standards are silent Title 16 of the Lake Elsinore Municipal Code shall apply. 8. All cul -de -sac streets shall comply with the maximum length of 1,000 feet, as allowed in the La Laguna Estates Specific Plan. Page Fourteen — City Council Minutes — February 10, 2004 9. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 10. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 11. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 12. The applicant shall comply with the Mitigation Monitoring Program prepared and updated for Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4. 13. The applicant shall provide evidence that the Covenants, Conditions and Restrictions (CC & R's) for the existing Homeowners' Association in La Laguna Estates has been updated to incorporate the boundaries of this map. The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. 14. The Final Map shall identify the downslopes within Lots # 14 and #78 as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. PRIOR TO GRADING AND BUILDING PERMITS: 15. Construction on the property covered by this map is subject to all the Conditions of Approval of the La Laguna Estates Specific Plan, Amendments, and underlying Parcel Map No. 31011, unless superceded by these conditions. 16. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Saturday. Construction activity shall not take place on Sunday or any legal holidays. �. Page Fifteen — City Council Minutes — February 10, 2004 17. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 18. Prior to issuance of the first building permit, the applicant shall annex into Community Facilities District 2003 -1 and Lighting, Landscaping and Maintenance District No. 1, to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City, including city -wide improvements and facilities relating to fire and police protection, and to offset the negative fiscal impacts of the project on City maintained lighting and landscaping. 19. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 20. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with City Standards. 21. The applicant shall meet all requirements of the providing electric utility company. 22. The applicant shall meet all requirements of the providing gas utility company. Page Sixteen — City Council Minutes — February 10, 2004 23. The applicant shall meet all requirements of the providing telephone utility company. 24. A bond is required guaranteeing the removal of all trailers used during construction. 25. All signage shall be subject to Planning Division review and approval prior to installation. 26. Landscape Plans for the tract shall include vegetative screening of all retention basins. 27. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 28. All future structural development associated with this map requires separate Design Review approval. 29. Elevation drawings for Design Review shall include four -sided architectural features. 30. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer. 31. A detailed fencing plan shall be required for review and approval during the Design Review process. „� Page Seventeen — City Council Minutes — February 10, 2004 32. A detailed phasing plan shall be required for review and approval during the Design Review process. These plans shall include the location of construction fencing for each phase. ENGINEERING DIVISION 33. 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. 34. Developer shall construct the circulation element of the Amended Specific Plan as shown in the traffic study. 35. Pay all Plan Check fees (LEMC 16.34, Resolution 85 -26). 36. 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. 37. 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). 3 8. 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. 40. Desirable design grade for local streets should not exceed 9 %. The maximum grade of 15% should only be used because of design constraints. Page Eighteen — City Council Minutes — February 10, 2004 41. Design of the cul -de -sac at the end to A Drive and McVicker Canyon Park Road shall be approved by the Riverside County Fire Dept. prior to final map approval. 42. F Street shall have a 49 -foot right -of -way with a 3 -foot parkway on the side of the street without homes. 43. 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). 44. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 45. The applicant shall install one permanent bench mark to Riverside County Standards and at a location to be determined by City Engineer. 46. Applicant shall obtain all necessary off -site easements and/or permission to grade for off -site grading from the adjacent property owners prior to final map approval and/or grading plan approval, whichever occurs first. 47. Applicant shall mitigate any erosion or flooding on Lot #65 which may occur from brow ditches on offsite slopes, or property owner of Lot #65 must execute a drainage acceptance document. 48. Provide fire protection facilities as required in writing by Riverside County Fire. 49. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 50. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. _. Page Nineteen — City Council Minutes — February 10, 2004 51. 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. 52. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 53. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54. Apply and obtain a grading permit with appropriate security. A grading plan must signed and stamped by a Calif. Registered Civil Engineer, subject to the approval of the City Engineer. 55. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 57. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 58. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Page Twenty — City Council Minutes — February 10, 2004 59. 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 ". 60. 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. 61. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 62. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 63. 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. 64. Storm drain inlet structures for open space areas shall be provided with a basin to prevent silt and trash from entering into the storm drain pipe. 65. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. The applicant may submit an alternative drainage system plan for any lot for consideration and approval by the City Engineer. 66. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 67. Verify that the proposed storm drain is connecting to an existing storm drain that has the capacity to accept the additional storm water runoff and provide mitigation if the downstream storm drain does not have the capacity for the -- Page Twenty -One — City Council Minutes — February 10, 2004 increased runoff. 68. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 69. Construct an emergency spillway for the catch basin at the cul -de -sac on Street F. 70. Construct an emergency spillway for detention basins A and B. 71. Show a detail of the concrete brow ditches that drain from the slope to outletting into the street. From the toe of the slope to the outlet in the street, the drainage facility should be a pipe underground. 72. The inlet storm drain facility at the end of A Drive shall be owned and maintained by the HOA. 73. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 74. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 75. 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. 76. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Page Twenty -Two — City Council Minutes — February 10, 2004 Drainage Area Management Plan. 77. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 78. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 79. Developer shall design and construct a traffic signal at the intersection of Lincoln St. and Westwind Drive. The traffic signal shall be installed and operational at the first certificate of occupancy. Said signal shall be funded by CFD monies and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan. Revised by the Planning Commission, January 20, 2004. 80. Developer shall design and construct a traffic signal at the intersection of Grand Avenue and McVicker Canyon Park Road. The applicant shall install the traffic signal and it shall be operating prior to the issuance of the first certificate of occupancy. Said signal shall be funded by CFD monies and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan. 81. Developer shall design and construct a traffic signal at the intersection of Grand Avenue and Audelo Street. The applicant shall install the traffic signal and it shall be operating prior to the issuance of the first certificate of occupancy. Said signal shall be funded by CFD monies and in accordance with the Development Agreement associated with the La Laguna Estates Specific Plan. 82. No residential lot shall front and access shall be restricted on McVicker Park Page Twenty -Three — City Council Minutes — February 10, 2004 Road and so noted on the final map. 83. Applicant shall record CC & R's for the tract prohibiting on- street storage of boats, motor homes, trailer, and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 84. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and concrete brow ditches. 85. Developer shall provide an approved open space conservation easement for the tract's open space with a fuel modification zone for a fire break to be maintained by a homeowner's association. 86. All open space and slopes except for public parks and schools, outside the public right -of -way will be owned and maintained by either a home owner's association or private property owner. Concrete brow ditches on slopes will be owned and maintained by a HOA or private property owner. 87. 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. 88. Upon violation by applicant of the City's Noise Ordinance and for Condition of Approval #16, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval # 16. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. Page Twenty -Four — City Council Minutes — February 10, 2004 COMMUNITY SERVICES DISTRICT 89. The applicant shall provide information on the District's "Project Inventory" list. 90. Applicant shall pay $156,800 in Park fees. 91. The HOA shall maintain all drainage facilities, culverts, retention areas, trail, public parkways, slopes, entry monuments and open space. (End of Conditions) 22. Tentative Parcel Map No. 29996, Mitigated Negative Declaration No. 2003- 04 and Design Review of Industrial Project No. 12003 -05 -Southwest of Collier Avenue on Hunco Way within the Collier Avenue Business Park. F:110.2 Mayor Buckley opened the public hearing at 7:56 p.m. Community Development Director Brady gave an overview of the item. He explained the item presented to the Council was a subdivision of 10 acres of land into eight parcels. The total square footage of buildings being proposed was 131,770 sq.ft. and the buildings would range in size from 9,270 sq.ft. to 27,000 sq.ft. The design was similar to the existing buildings along Hunco Way. The Planning Commission did review the item on January 20, 2004 and recommended approval of the Tentative Parcel Map No. 29996, the Mitigated Negative Declaration No. 2003 -04 and the Design Review to the City Council; they also approved a conditional use permit for outdoor storage which would be associated with the outdoor areas of the industrial buildings themselves. He indicated there was a clarification regarding the staff report; the conditions indicated there was a storm drain that needed to be installed from Collier Avenue through Hunco Way, passing through Pasadena and into the Outflow Channel, and the condition read "The construction of the storm drains shall be completed prior to the issuance of any certificates of occupancy ". The staff report indicated it had to be completed prior to the start of construction. He -- Page Twenty -Five — City Council Minutes — February 10, 2004 commented he wanted to clarify that condition, so the condition reflected the correct requirement. Mayor Buckley indicated he was concerned about the back wall with a couple of loading docks and Mr. Brady explained that would be facing the back of another building. He inquired if it would be visible from the streets. Mr. Wakefield advised it would not be visible from the streets. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE MITIGATED NEGATIVE DECLARATION NO. 2003-04, BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 29996 BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT NO. 12003-05 BASED ON EXHIBITS AND FINDINGS; AND SUBJECT TO CONDITIONS OF APPROVAL. FINDINGS Tentative Parcel Map 29996 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Twenty -Six — City Council Minutes — February 10, 2004 The project as designed assists in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element. Furthermore, industrial land uses are encouraged to add to the City's economic base. All design and improvement are consistent with the General Plan and Zoning Ordinance. 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. The development of an Industrial project can have indirect eects on the housing needs of the region. Again Staff finds that the affects this project is likely to have upon the housing needs of the region will contribute to achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Mitigated Negative Declaration No. 2003 -04 has been completed and mitigation measures required. The project has been adequately conditioned by all applicable departments and agencies including all mitigation measures, therefore stafffinds that the project will no result in any significant environmental impacts. PLANNING DIVISION (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be raised. 1. Tentative Parcel Map No. 29996 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. 2. Tentative Parcel Map No. 29996 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. WON Page Twenty -Seven — City Council Minutes — February 10, 2004 3. Approval of this subdivision is subject to the mitigations measures listed within the Mitigated Negative Declaration No. 2003 -04 4. 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 Tentative Parcel Map No. 29996, 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. 5. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Parcel Map approval. 6. Prior to final map approval of Tentative Parcel Map No. 29996, 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. 7. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page Twenty -Eight — City Council Minutes — February 10, 2004 8. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 10. Pay all applicable park fees in force at time of issuance of building permits. 11. 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. 12. Meet all requirements of the providing electric utility company. 13. Meet all requirements of the providing gas utility company. 14. Meet all requirements of the providing telephone utility company. 15. The applicant shall comply with all requirements of the Riverside County Fire Department. 16. All trailers, mailboxes and signage used during construction shall be subject to Planning Division review and approval prior to installation. 17. All development associated with this map requires separate Design Review approval pursuant to Section 17.82 of the Lake Elsinore Municipal Code. ENGINEERING 18. 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. 19. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- Page Twenty -Nine — City Council Minutes — February 10, 2004 26). The traffic mitigation fee is $0.71 per sq. foot for industrial building area and the drainage fee is $4,660 per acre. 20. Submit a "Will Serve" letter to the City Engineering Department 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. 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. 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). 23. 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. 24. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 25. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department 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 ' /a" x 11" Mylar) shall be submitted to the Engineering Department 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, Page Thirty — City Council Minutes — February 10, 2004 etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Construction shall be completed prior to issuance of building permit. Construction shall comply with Title 16 regulations. 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 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. Page Thirty -One — City Council Minutes — February 10, 2004 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. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the ,Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 42. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 43. 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. 44. Roof drains shall outlet onto landscaped areas where ever feasible. 45. Applicant shall construct a storm drain from Collier Ave. to Outlet Channel and be reimbursed from the drainage district any costs that exceed their drainage fees. Construction shall comply with Title 16 regulations. Construction of the storm drain improvements shall be completed prior to issuance of any Certificate of Occupancy. Added at Planning Commission January 20, 2004 46. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. Page Thirty -Two — City Council Minutes — February 10, 2004 47. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 48. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction, which describes BMP's that will be implemented for outdoor storage, and vehicle maintenance. And provide other education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP's in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 49. 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. 50. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 51. Applicant shall cause to be recorded a CC &R which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney prior to final map approval. The CC &R shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 52. Developer shall contribute $22,500 towards the design and construction for a future traffic signal at the intersection of Collier Ave. and Hunco Way. This Page Thirty -Three — City Council Minutes — February 10, 2004 development will necessitate the need for a traffic signal at this intersection in the future and should contribute their fair share. 53. 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. 54. Development shall dedicate and construct full half width street improvements for the project frontage of Pasadena Street. The improvements shall be designed and constructed to comply with the general plan circulation half -width of 45 feet from the centerline of Pasadena Street to the project property line. Development shall provide for a transition between the frontage improvements and the existing road width. Added at Planning Commission January 20, 2004 INDUSTRIAL PROTECT 2003 -05 /CUP NO. 2003-09 PLANNING 1. Design Review approval for Industrial Project No. I 2003 -05 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 improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Page Thirty -Four — City Council Minutes — February 10, 2004 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. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 6. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 7. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 8. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 9. The applicant shall construct a 6 foot decorative masonry wall with pilasters along the exterior boundary of the project. 10. All storage areas shall be enclosed with a 6 foot masonry wall and 6 foot opaque gates. If precision block is used, the block shall be painted a color to match the associated building per the review and approval of the Community Development Director or designee. 11. 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. Page Thirty -Five — City Council Minutes — February 10, 2004 12. No exterior roof ladders shall be permitted. 13. Applicant shall use roofing materials with Class "A" fire rating. 14. All exterior downspouts shall be painted to match with building exterior color. 15. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community Development Director or designee. 17. On -site surface drainage shall not cross sidewalks. 18. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 19. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. PRIOR TO BUILDING /GRADING PERMITS 20. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 21. Three (3) sets of the Final Landscaping/ Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 9/6) City fee. Page Thirty -Six — City Council Minutes — February 10, 2004 a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty -four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. d) Planting within fifteen feet (157 of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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 Occunancv is reauested for anv '� Page Thirty -Seven — City Council Minutes — February 10, 2004 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. 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION 5. Industrial project I 2003 -05 will be required to meet all applicable conditions of approval for Parcel Map 29996 at the appropriate development phase. 6. All Public Works applicable requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) at the appropriate development phase. 7. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 8. The Sign Program shall add the following change in text, "All wall signs shall not exceed one square foot of sign area per one linear foot of building frontage. Any Page Thirty -Eight — City Council Minutes — February 10, 2004 other changes to the Sign Program will require review and approval by the Community Development Director or Designee. 9. The applicant shall apply for a sign permit and pay appropriate fees for any sign installed at the project site. *Italics indicates addition to text, met rettg indicates removal from text. Mayor Buckley closed the public hearing at 8:00 p.m. BUSINESS ITEMS 31. July 4th Fireworks. (F:62.1) City Manager Watenpaugh gave an overview of the item and deferred to Community Services Director Sapp. Community Services Director Sapp explained over the past several years the Lake Elsinore Storm had provided fireworks displays on July 4th primarily because the scheduler had the Storm at home on this date; however this year they would be out of town. The Community Services Department along with Lake & Aquatic Resource Department and Lake Patrol collaborated the idea of having a fireworks display on the Lake and resurrecting the boat parade of lights. The fireworks would be shot from the "T" peninsula, which would provide a better vantage point for residents and tourists. He indicated that Staff contacted three pyrotechnic providers; San Diego Fireworks; which was booked for that date, Pyro Spectaculars located in Rialto and Fireworks America located in Lakeside. Staff requested three different estimates $15,000, $20,000 and $25,000. Pyro Spectacular provided estimates at $17,000, $20,000 and $25,000. Fireworks America provided estimates $15,000 and $20,000. He indicated Staff was proposing a showing at $20,000; the difference in the proposal was Pyro Spectacular show would be simulcast, broadcast over KOLA Radio 99.9 and offered free advertisement for the show, it would be a 20 minute show and would provide 1,136 shells or approximately Page Thirty -Nine – City Council Minutes – February 10, 2004 one shell per second. Fireworks America did not offer simulcast and would provide 694 shells or approximately one shell per 1.7 seconds. He noted there was cost estimated for Staff; which was all of Community Services and Lake Staff for a 12 hour day would be a little under $10,000. Staff recommendation was that Council authorize a $10,000 expenditure for the deposit for the fireworks and staffing be addressed as part of the 2004/2005 Fiscal Year Budget and request Council to exempt Staff from LEMC Chapter 3.08.070 (formal bidding process), due to the unique nature of the service being provided. He indicated that there were not a lot of Pyrotechnic companies in the area. Mayor Pro Tem Kelley commented she was pleased to see that Staff brought back the boat parade. She felt it was a wonderful location and this was the type of event that citizens expected from their community. She commented part of the discussion during the Study Session was to encourage individuals to park at Diamond Stadium as part of the promotion material. Councilman Hickman commented that it was an excellent idea and wanted to inform boaters that when they bring their boats in and put lights on their boats they could be included in the boat parade. Councilman Magee commented he was concerned about the amount of money being requested; however the funds spent would be offset by the economic gain that the community could garner from this type of event, he felt it would bring more commerce into the valley and that was the benefit. He thought it was great to bring focus back to the Lake. He stressed adding into the recommendation that Staff worked particularly close with our local merchants, specifically the boat oriented community and the campground community. He commented that he had spent a great deal of time with Mr. Pete Dawson and had the opportunity in the past to be a passenger on his boat during the past boat parades and felt it was an excellent opportunity to show community pride. — Councilman Schiffner commented that the majority of the perimeter of the Lake was private property and moved to approve the event. Page Forty — City Council Minutes — February 10, 2004 MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF RECOMMENDATIONS FOR THE JULY 4TH EVENT, AND EXEMPT STAFF FROM THE FORMAL BIDDING PROCESS AND AUTHORIZE THE CITY TO ENTER INTO A CONTRACT WITH PYRO SPECTACULARS. 32. Consideration of State Proposition 57 and Proposition 58. (F:96.1) Mayor Buckley indicated that he had asked City Manager Watenpaugh to have this item on the agenda for the City Council to approve a letter of support for Propositions 57 and 58. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LETTER AS WRITTEN. 34. Resolution of Support for EVMWD's LEAPS Project. (F:164.2) Councilman Schiffner moved to have the item continued. Mayor Buckley explained that discussion from the Study Session revealed that EVMWD in some capacity contacted the City and asked that the item be pulled. He commented that he would allow residents to speak on the issue. Lee Roberts, 17431 Custer, objected to the proposed hydroelectric plant. She noted the preferred location was near Butterfield Elementary School. She urged Council to research the item further. JoAnn McCracken, 33040 Dowman Street, commented that she was a Lakeland Village resident and any project affecting their side of the Lake should be presented to those residents for their input. Barbara Dye, 33127 Dowman Street, indicated that recently the City voted on the habitat plan and the Cleveland National Forest made the list for 1 of the top 10 threaten wildlife areas for the second year. She suggested the Council Page Forty -One — City Council Minutes — February 10, 2004 become aware of the major impact this project would have in the community of Lakeland Village and Butterfield Elementary School. Mike Palmer, 33281 Ortega Highway, indicated he was involved in this project since 1996; back when his son was a senior in high school, they spoke with Boardmembers that were pushing for this project. They decided to go along with the project and applied $1 million towards the project. He noted safety was big issue. Chris Hyland, 15191 Wavecrest, commented that she served on the LEAPS Committee in the past and strongly recommended that the City studied this project carefully. She believed the power lines would be close to homes and to the elementary school in that area. She indicated that she was against power lines in the National Forest; and noted that she had 25 acres burn next to the National Forest on her property in Arizona because of power lines. She also commented that Mr. Alongi asked her to inform Council that he was also against this project. She noted the EVMWD to date had spent $1,397,552 to pay consultants and for trips to Washington D.C. Councilman Schiffner commented that he had requested to table the item because the Water District had asked for the opportunity to make a presentation which they were not able to do at this Council Meeting. The reason it was on the Agenda was that it had come before LESJWA and they passed a resolution supporting this project; and being that he represented the City of Lake Elsinore on that committee, he felt it was not proper to recommend without the vote of the City Council. Councilman Magee requested that when the item came back before Council with the presentation from the Water District, that City Staff notified the Supervisor's Office and the Congressman's Office to obtain a written statement or attend a Council Meeting regarding the issue. He commented there was a noticed business item on the Agenda and he did not hear anyone speak in favor of the item. Page Forty - Two — City Council Minutes — February 10, 2004 Mayor Buckley commented that there was potential good from the City's financial point of view and potential bad from a good neighbor point of view. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO TABLE THE ITEM. 34. Annual Financial Reports for Fiscal Year Ended June 30, 2003. (17:24.1) City Manager Watenpaugh gave an overview of the item. He noted there would be a Study Session on March 4, 2004 on Bond Debt. He deferred to Administrative Services Director Pressey. Administrative Services Director Pressey gave a brief overview of what was before Council. He commented that Finance Manager Kim Magee did an outstanding job of coordinating the audit schedule and the whole audit process; and did an excellent job at closing the books while assisting and preparing the annual budget at the same time. He introduced Mr. Rich low Teaman the auditor contracted by Staff. He noted there was a new accounting and reporting called the Government Accounting Standard Boards Statement ( GASBY 34) that had come out. He noted it changed the way the City reported the CAFR. He commented that GASBY 34 provided a consolidated look at the City and gave an indication of the financial condition of the City and how the City improved or how the financial condition deteriorated from one year to the next. The statement provided a long term perspective of the City; and the old reporting model gave a current perspective and focus. The purpose it served was to account for the financial flows of the City through the City during the year; which was needed for budget compliance. The legal level of budgetary control existed under the old method. The new reporting model looked beyond the current focus and in the new CAFR both were presented the new model required the City's infrastructure be reported in the financial statements; where before it was buildings, improvements, equipments and other fixed assets, it now included all of the City's infrastructure. In 2001/2002 the City contracted with a consultant to do an inventory of all infrastructure, the process included placing value, determining its' useful and then depreciating it. As the years progress those —• Page Forty - Three — City Council Minutes — February 10, 2004 assets are depreciating in value and represent a certain level of deterioration; and if the City was not applying new money to rehab those assets, slowly the financial condition in the reporting model would deteriorate. He felt as though GASBY 34 was a healthy improvement in the reporting. The City ended the year with approximately $2.5 million of revenue greater than expenditures and was able to put a $1 million of that in the reserves and go forward into this fiscal year in a good position. Administrative Services Director Pressey explained the Redevelopment Agency budgeting. He noted there were three project areas in the low/ moderate housing fund. Project area one was on the road to becoming healthy, the property tax went up about $700,000 during the year and there was a $2 million deficit fund balance, but the future outlook was good. Project area two was very healthy and would continue to be healthy. Project area three was still struggling and there was some development in the planning stages; and when the development came forward it would increase the property value in the area. Administrative Services Director Pressey commented on the PFA and the Recreation Authority. The PFA was there to purchase public infrastructure and all debt service payments were made, all the reserve requirements were met and operating as planned. There was one major bond issue with the Recreation Authority and the City had made all the payments, it was a variable rate bond, the variable rate at that time was under I%. The average rate for the year was 1.19 %. Administrative Services Director Pressey commented that the last two reports, briefly the Agreed -upon Procedures was nothing to speak of, there was no exceptions noted from their audit and the Management Letter was a house cleaning item Staff had plan to implement. He deferred to Richard Teaman of TRS Certified Public Accountants. Mr. Teaman commended City Staff on their professionalism. He commented it was a challenge with the implementation of GASBY 34. He explained it was a requirement to implement GASBY 34 this year; and noted the Page Forty -Four — City Council Minutes — February 10, 2004 financial statement from the year before looked dramatically different than this year's statement. He commented that the City, as in the past had submitted its financial statements of the City (CAFR) to the California Society of Municipal Finance Officers for what was considered to be an award program for CAFR presentation. He explained that by law they were required to perform a financial audit, in doing so their objective was to state an opinion that those financial statements were fairly presented. He indicated that through this process they were able to come up with an unqualified opinion for all four entities, which was the highest level of opinion that could be issued. They were able to accomplish this through testing, substantiating certain balances, and testing other balances. City Treasurer Weber recited a statement on the report that read: We are not engaged and did not perform an audit. He inquired what that statement meant. Mr. Teaman explained that particular document City Treasurer Weber was referring to was an Agreed -upon Procedures report relating to the appropriation limits, under the State Constitution each year as a result of Proposition 13, and Proposition 111, you are required to issue an appropriations limit, that limited how much of your appropriation of taxes could be used each year. As part of the audit under the State Constitution, auditors had to issue a report in relation to that appropriation limit and that particular type of report was not an audit it was an Agreed -upon procedure, the remaining documents in the package were full audits. City Treasurer Weber indicated that the auditor was confusing him. He inquired where an individual would find statements on a CFD. Mr. Teaman explained that essentially they did not issue a financial statement on CFD's, they issued financial statements on each legal entity within the City that included: City, Redevelopment Agency, Public Finance Authority and Recreation Authority. The document City Treasurer Weber was relating to was a very specific aspect of the City, just the appropriations — Page Forty -Five – City Council Minutes – February 10, 2004 limit of the City, and the auditor had to perform certain procedures on that document and issue a report. City Treasurer Weber indicated that he did not want to get into bond issues at this time and thanked City Manager Watenpaugh for scheduling the March 4th Study Session. However he did inquire about the health of the RDA as far as bonds and bond payments. Administrative Service Director Pressey explained that with the RDA, all debt service payments were made during the year. He noted on page 73 of 250 it described all of the long term debt of the City meaning all of the components of the City combined. City Treasurer Weber indicated that on page 24 of 250 on the bottom of the page read: We issued a report dated December. He inquired if this was the supplement, because last year there was a supplemental report. Mr. Teaman explained that under government auditing standards there was a report that related to internal controls and as part of the audit report it referred to that and was tied in also with what was called a single audit. This type of audit was on federal assistance and had not been completed at this point. City Treasurer Weber inquired on the status of that particular audit. Mr. Teaman indicated it was good so far. City Treasurer Weber inquired if there were other audits that were more detailed. He commented it sounded as though Mr. Teaman was getting most of his information from the City Manager. Mr. Teaman indicated that was not correct, as the best source for audit information was from outside sources. He commented that when talking about cash and being Mr. Weber was the City Treasurer, he assumed Mr. Weber was mostly talking about cash, to keep in mind there was a lot more in the report than just cash, but in relation to cash all of your cash was confirmed with each bank, the balance they are holding as of June 3 0th. This Page Forty -Six — City Council Minutes — February 10, 2004 report was June 30, 2003; those balances are confirmed by the institution holding the securities. Councilman Magee indicated that he read every page and referred to page 16 of 250, under revenue sources fines and forfeitures there was an increase of over 79% and inquired if that was a one time thing or was it a direct result of some special program. Administrative Services Director advised that he did not know off hand what that increase was exactly. City Manager Watenpaugh indicated it was possibly a combination of Code Enforcement, street sweeping citations and the Lake. Councilman Magee indicated that under expenditures, general government decreased by 17% which seemed fairly significant and asked Mr. Pressey to elaborate. Mr. Pressey explained it was combination of a number of things, specific to which department he did not recall. City Manager Watenpaugh indicated Staff would research and report back to Councilman Magee. Councilman Magee inquired about the 124% in Community Services. City Manager Watenpaugh explained a part of that was that the Lake was rolled into Community Services. Councilman Magee read verbatim from page 26 pf 250 — City of Lake Elsinore total debt had a net decrease of $19,909,724, a decrease of 10.0% during the current fiscal year. He noted that was significant. Councilman Magee commented on the RDA financial report page 163 of 250, under liabilities there were advances from other governments. He asked Mr. Pressey to explain the total $9 million plus. Mr. Pressey explained that was an advance from the City's general fund. Councilman Magee commented on page 187 of 250 there was loan payable to the County of Riverside over $500,000; he inquired if those were the funds RCTC advanced the RDA. City Manager Watenpaugh explained that those funds came from the County and are a debt to pay back. Mr. Pressey commented there was a separate RCTC figure for about the same amount. -- Page Forty -Seven — City Council Minutes — February 10, 2004 Councilman Magee commented on the PFA page 211 of 250, total net assets, noting there was a negative number and inquired if he should be concerned about that number. Mr. Pressey explained this was the long term perspective and anything with a negative number was a flag. The PFA was operating in a positive condition the revenues received were making debt services. He noted the changes in net assets were $5.2 and if that continued at that rate the ending amount would change next year into the positive. Councilman Magee commented on the Recreation Authority document page 240 of 250, total net assets were in the negative $15.5 million and inquired if that was debt transferred from the Stadium. Mr. Pressey confirmed it was the debt from the Stadium. Councilman Magee requested elaboration on the Capital Outlay Section under Staff recommendation on page 6 of 250. Mr. Pressey explained it was the auditors recommendation, that the City had a separate account setup to track only capital outlay, expenditures that got capitalized and added as a fixed asset for the City. Councilman Hickman commented the City was on the right track going back to where the City should be. He was concerned that the City had few problems, but was working its way out. He suggested forecasting out 5 years. Mayor Pro Tem Kelley commented that there was over a $6 million loan that was forgiven from the State Water Resources Control Board from the agreement she and Councilman Schiffner hammered out with EVMWD. Mayor Buckley commented that part of $94 million in assets included the Stadium, which was valued at about $14 million. Mr. Pressey confirmed. Mayor Buckley reiterated that the RDA owed $9 million to the City and $3 million to itself. Mr. Pressey confirmed. Mayor Buckley addressed the bonds the PFA was repaying, noting the cost of those bonds was going to go up and inquired on making those payments in the future. Mr. Pressey explained the PFA was a conduit the RDA was Page Forty -Eight — City Council Minutes — February 10, 2004 making payments at a higher rate than what the PFA paid, so the PFA should be solvent at all times in theory. The structure of the PFA debt was such that there was a match. MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND FILE THE ANNUAL FINANCIAL REPORTS FOR FISCAL YEAR ENDED JUNE 309 2003. 35. General Plan Update. (F:83.1) City Manager Watenpaugh gave an overview of the item. He noted Staff had presented Council an outline of how to potentially proceed with the General Plan Updates. He deferred to Community Development Director Brady. Community Development Brady indicated the items before Council were general background information regarding the General Plan. He noted each City and County jurisdiction in the State of California was required by law to -- have a General Plan. The City did have a General Plan and the last time the General Plan was comprehensively updated was in 1990, the Housing Element was updated in 2002 the Circulation Element was updated 1995. The housing element was the only element of the General Plan that was required to be updated on a regular basis which would be due again in 2007. He indicated by law there were seven required elements that had to be included in the General Plan; Land Use Element, Circulation Element, Housing Element, Conservation Element, Open Space Element, Noise Element and Safety Element. The time frame to update a General Plan was between 18 months and 2 years, and to do a comprehensive overview including the environmental documentation and the seven mandated elements along with possibly additional elements the City might want to require; such as a Tourist Economic Development or maybe a Lake Management Element. The cost was about $850,000 to $1 million to do a comprehensive update of the General Plan. The Council might also want to review the City's zoning regulations. The General Plan could be amended each year and could be changed to address various changes in the community. He noted that since 1990 the population has more than doubled. -- Page Forty -Nine — City Council Minutes — February 10, 2004 Councilman Magee indicated that the original process for the 1990 General Plan began in 1986 with the selection of the first consultant. He noted this process needed strong staff, Council, Planning Commission and a strong General Plan Advisory Committee. He noted the element of Historic Preservation was one area that Lake Elsinore clearly had Murrieta and Temecula beat, with over 100 years of incorporated history; and he would like to see that as part of one of the elements that would be modified in the General Plan. He complimented Community Development Director Brady and his Staff on the draft "Request for Proposals ". He suggested some revisions to Item 5.0, the language needed to be strengthen to indicate the special sensitivity the Valley has to its' immediate neighbors. Under Item 5c he suggested adding a line item that provided for periodic budget reviews as the consultant reached certain task thresholds; this would allow the City to keep the project on time and on budget. Under Item C4 there should be something included to provide for change orders and have those change orders come before Council before money was expended. He hoped to move through the schedule with a slight modification of the suggested revisions and have it executed by May, 2004 or June, 2004. Community Development Director Brady indicated that Housing Clerk Lisa Alexen played a major part in compiling and putting this draft together. Councilman Schiffner commented that Councilman Magee had made some worthwhile additional request and he agreed with those requests. Mayor Pro Tern Kelley commented that with the adoption of the MSHCP, Council needed to go back and look at the General Plan and the transportation element with the growth coming to the area. Councilman Hickman inquired if this was allocated in the budget for next year. Page Fifty — City Council Minutes — February 10, 2004 Administrative Services Director Pressey commented that it was not in the budget for next year. City Manager Watenpaugh explained the intent was to bring it forward for Council to allocate a portion of the funds in this fiscal year and a portion next fiscal year. Councilman Hickman inquired if there were particular elements that should be handled first. Community Development Director Brady explained the most important element that drove a lot of this was the Land Use Element. Mayor Buckley indicated this had been overdue. He noted there should be a sentence included that would remove the scream factor out of potential annexation on a Lake Elsinore document. He suggested adding a sentence to stress to consultants the importance of public participation. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO MAKE THE REVISIONS SUGGESTED BY COUNCIL AND BRING THE PROPOSAL BACK TO COUNCIL ON THE CONSENT CALENDAR. Public Comments — Non - Agendized Items — 3 minutes Tim Fleming, 17970 Lakeshore Drive, thanked the new Council majority for finally directing City Staff to address the annoying issue of Lake front property. He indicated as owners received letters to clean up their property there was a brief moment of hope as some began to clean up years of stored trash and motor homes and vehicles that had been stored on the properties for years. He further indicated that within the past two weeks what was removed was now back on their property and he hoped the enforcement of these violations would have some "teeth "; and questioned if the citation carried a low fine, what was to prevent the owner from paying the fine and keeping the Page Fifty -One — City Council Minutes — February 10, 2004 vehicles or motorhomes stored on their property. Mr. Fleming indicated when he ran for City Council he signed a Code of Fair Campaign Practices. In the Lake Elsinore packet binders section 7 it was clear of the size of the signs and the time limits to have a sign removed, on August 6, 2003, Councilman Schiffner's signed the same agreement as other candidates. He inquired how Councilman Schiffner had signage larger than allowed and how was it that his billboard was still up. Edith Stafford passed on public comment. Ron LaPere, 16867 Wells Street, indicated as the Chairman of the Planning Commission that he applauded the action of the City Council for bringing the General Plan up to speed. He noted several months back at a Planning Commission Meeting he raised a question regarding the General Plan. He thanked Mayor Buckley and Councilman Magee for visiting their Planning Commission Meeting and observing. Chris Hyland, 15191 Wavecrest, commented that the area between Riverside Drive and Chaney on Lakeshore Drive was becoming violently dangerous. She noted there was only one sign indicating the speed limit and no passing signs. Tom Solak, 33609 View Point Drive, indicated he was proposing to the City to have a manufacturing facility to distribute auto repair equipment to all auto repair facilities in Southern California. There was a 10 acre parcel zoned M -1 located at Collier Avenue and Riverside Drive available for lease and the adjacent 6 acres was available for sale. He noted his intentions were to bring 400 to 500 employees to Lake Elsinore. He commented he would like to request the Planning Commission requirements on those parcels. Mayor Buckley inquired if he spoken with Assistant City Manager Best regarding his plans. He confirmed he had spoken with Assistant City Manager Best. Page Fifty -Two — City Council Minutes — February 10, 2004 CITY MANAGER COMMENTS No comments. CITY ATTORNEY COMMENTS City Attorney Leibold indicated that the City Council had three items of Closed Session. Two circumstances of anticipated litigation identified as Item A on the Agenda and Item B Public Employment Evaluation— City Manager. Those items were discussed and there was no reportable action. COUNCILMEMBER COMMENTS Mayor Pro Tern Kelley congratulated the Chamber award winners and gave her condolences to Connie Whittaker's family. Councilman Hickman gave his condolences to the Whittaker family and mom Brewster family. He indicated he took a trip to Martha's Kitchen and received an education. He noted they had 120 beds, 8 for women, 8 for men and the 104for families. He thanked the City for the money donated to purchase cameras for student; and noted there were 150 cameras purchased and cameras were given to the kids to go out and take pictures of what they thought was right with Lake Elsinore. He complimented all the ladies that were at the Chamber Dinner. Councilman Schiffner apologized for not being able to attend the Chamber Dinner due to being under the weather. Councilman Magee reminded everyone of the EDC Luncheon, Thursday, February 12, 2004 at 11:30 a.m. and the program would feature a candidate forum for County Supervisor. He commented that he had installed a new phone line that was listed in the phone book and the number was (909) 678- 4515 he encouraged all citizens to call him anytime. He also encouraged individuals that were interested in serving on the Public Safety Commission to contact City Hall or contact one of the Councilmembers. He commented Page Fifty -Three — City Council Minutes — February 10, 2004 that earlier there were two development projects going through the development process and they went through in different ways. He noted the type of project had nothing to do with it, but the applicant had everything to do with it. He noted both companies had been before the Council before and both companies had a track record, one not so good. The message was that the City and City Staff needed to be taken seriously, he noted the appreciation of the development in the community, but with that come responsibility to respect the citizens and the Staff of this town; and to come in and disregard our conditions, laws and ordinances until the night before a public hearing was offensive. He commented on Code Enforcement in regard to Mr. Fleming's comments, and explained the initial letter generated activity people rushing trying to comply and then there would be a protracted malaise. He noted that he had been assured by Staff they would remain diligent and had a schedule and program, and reassured Mr. Fleming if he was patient he believed there would be results that would please Mr. Fleming. Mayor Buckley announced the Friends of the Library Annual Book Sale, Saturday at the Library. He reminded everyone Thursday, February 12, 2004, 5:00 p.m. there would be a Study Session on Railroad Canyon Interchange and Thursday, February 19, 2004 at 6:00 p.m. there would be a Study Session on the Country Club Heights Overlay District. ADJOURNMENT MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:10 P.M. TMOMA"UCKLUM MAYOR CITY OF LA LSINORE Page Fifty -Four — City Council Minutes — February 10, 2004 Respectfully submitted, Fr de is ay, Deputy City Clerk C KASAD, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, FEBRUARY 13, 2004 CALL TO ORDER Mayor Buckley called the City Council Study Session to order at 5:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: NONE Also present were: Assistant City Manager Best, Deputy City Attorney David Mann, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Information/ Communications Manager Dennis, Engineering Manager Seumalo, and Deputy City Clerk Ray. DISCUSSION ITEMS (F:82.2)(X:162.1) Assistant City Manager Best gave an overview of the item. She stated that the City began reviewing the Railroad Canyon interchange several years ago, knowing it would be a traffic impact area. A project study report was brought forward by staff for a Study Session with the seated Council in December 2000. She indicated that project was completed in the fall of 2003, and CalTrans signed off on the project recently and Staff had documentation regarding the next step. Community Development Director Brady indicated Engineering Manager Seumalo would be giving an overview of the alternatives. The project report had reflected eleven alternatives one being; the do nothing PAGE THREE -STUDY SESSION - FEBRUARY 13, 2004 He noted that the City was not limited to the projects that were presented. Widen and Reconstruct the existing interchange. The challenge was the spacing between the northbound off ramp and the intersection of Grape Street. The spacing between Grape Street, the ramps, and Casino Drive caused the congestion. c. Alternative 3b: Installing or constructing hook ramps to Grape Street. This alternative eliminates the northbound off ramp, which increases storage length under the freeway. CalTrans typically preferred not to have off ramps end into a shopping center. The alternative would eliminate one of the major conflict movements and allow more storage. d. Alternative 9: Construct Hook Ramps to Summerhill Drive, Casino Drive and southbound loop exit ramp. He indicated the bridge over the San Jacinto River would need to be widened. He noted a benefit for a looping off ramp was that it provided a free right movement meaning traffic could continuously merge off the freeway. He noted the restriction in this alternative was the newly constructed Washington Mutual Building that eliminated this as a City choice, however if CalTrans saw the need or saw benefit exceeding the cost of purchasing the land that was just improved, that would be an item that would be discussed in the Project Report phase. He indicated that the hook ramp on Casino Drive provided significant storage, the cost would be losing some business and buildings. e. Alternative 10: Construct hook ramps to Summerhill Drive and Casino Drive. He indicated that the bridge would need to be widened for this alternative. The northbound right lane remained as a free right turn there would be no signal and the on ramps would be moved to the Washington Mutual site, the storage would be increased and the conflicts are eliminated. There would be two right turns going into two receiving lanes and traffic distribution would continue. He noted a restriction Staff had encountered was that the left turn movement, due to the number of lanes that would need to be crossed. The alternative enhanced the hook ramps off Casino Drive and provided a hook off ramp southbound. The cost would be the business due to the PAGE FOUR -STUDY SESSION - FEBRUARY 139 2004 land acquisition. f. Alternative 11: Reconstruct interchange to a partial clover leaf configuration and realign Grape Street and Casino Drive. He noted the free right movement from on ramp eastbound to northbound; free right movement from westbound Lakeshore to northbound. In order to complete this alternative everything west of Interstate 15 in close proximity of the freeway would be impacted. This alternative would cul -de -sac Summerhill Drive and route traffic through a proposed bridge; and to get to the freeway traffic would take Lakeshore Drive. There would be no direct access from Lakeshore Drive except for the newly proposed roadway. He noted it would be extremely expensive to construct. They were also proposing to cul -de -sac Casino Drive and build alternate routes from Casino Drive to Lakeshore Drive through Sav -ons. Mayor Pro Tem Kelley questioned Alternative 9 where there was a short red line above Sav -on to the right was that an improvement to a particular area _ and also the rectangular lines under the loop. Engineering Manager Seumalo explained that it was an error if the ramp was eliminated there would be no connection from the hillside onto the street. He further explained the rectangular lines were a detention basin and that was a subject that was not scheduled for discussion for this Study Session. That was a design feature that CalTrans had planned on putting detention basins in that area. Mayor Pro Tem Kelley asked for the pricing of the alternatives. Mayor Buckley asked for clarification that Alternative 2 was to compress everything into the existing space. Engineering Manager Seumalo confirmed. Councilman Schiffner asked if the alternatives include an efficiency schedule. PAGE FIVE -STUDY SESSION - FEBRUARY 13, 2004 Engineering Manager Seumalo indicated he had not seen the direct benefits, but the alternatives did include a general description of low, middle, and high. Councilman Schiffner indicated that the original alternatives that were given to Council included a sheet that reflected each movement; and by reviewing that information he had little improvement. Councilman Hickman asked who proposed these particular sites. Engineering Manager Seumalo explained there was a design team that met with CalTrans and the City Design Consultant. Councilman Hickman indicated that his concern on Alternative 11 was if there would be any traffic exited onto Grape Street. Engineering Manager Seumalo explained that Railroad Canyon Road would be the main exit for the freeway and the surface streets would be impacted. Councilman Hickman indicated that it would be simpler to add a clover leaf onto Grape Street and widen the southbound off ramp. Engineering Manager Seumalo indicated that the PSR had been completed the next step was the PR and draft environmental document. He noted the time table in the outline given to Council for this part of the process had no margin for error. Mayor Buckley inquired if there were any cost estimates at this time. Engineering Manager Seumalo indicated that for each alternative there was a rough cost estimate. He listed the cost for each alternative presented to Council. PAGE SIX -STUDY SESSION - FEBRUARY 139 2004 a. Alternative 2 - $6.5 million. Low level of service. b. Alternative 3b - $8.9 million. Minimum right of way impact and higher level of service on northbound ramps, but low level of service on Summerhill Drive and Lakeshore Drive in the afternoon and CalTrans did not support ramps entering shopping centers, but that did not mean they would not do it. c. Alternative 9 - $13.4 million. Provided high overall level of service, increased level of service at Summerhill Drive and Railroad Canyon Road and a high level of service at the southbound ramps. He noted that at the time of these studies Washington Mutual had not been developed. He noted there was high construction cost and major right -of -way impacts. d. Alternative 10 - $13.3 million. Provided high overall level of service, increased the level of service at Summerhill Drive and Railroad Canyon Road and a high level of service at the southbound ramps. High construction cost and impact local businesses and a low level of service on northbound ramps. e. Alternative 11 - $38.8 million. Provided a high level of service overall and increased the level of service at Summerhill Drive and Railroad Canyon Road. Higher level of service on the southbound ramps. There was a major right -of -way impact and required new streets and cul -de -sacs and a bridge over the San Jacinto River. Assistant City Manager Best indicated that on Alternative 10 the southbound hook ramp off Interstate 15 led onto Casino Drive, which meant all the traffic going to Canyon Lake, Tuscany Hills, Summerhill, etc. would exit onto Casino Drive and go back up to Railroad Canyon Road and underneath the freeway. PAGE SEVEN -STUDY SESSION - FEBRUARY 13, 2004 Councilman Schiffner indicated that the alternatives as shown would help in some ways and cause problems in other ways and would cost a lot of money. He indicated the one alternative he liked and the State did not like although they built several, was the ramp located below Interstate 10, and the entrance into the Ontario Airport. Assistant City Manager Best indicated that Staff would be developing an RFP for the consultants and it would be brought back to Council later this spring. Councilman Magee encourage Staff to look outside the box when working with CalTrans and the Federal government, he indicated that there was unnecessary impact on local businesses. He requested they included Franklin Street, Malaga Street and Olive Street as alternatives. Public Comments Michael O'Neal, 1403 W. Heald Avenue, asked if the value was considered today's value or future growth value. Engineering Manager Seumalo indicated that the anaylsis were good through 2025. The intent was permanent improvement that did not need to be revisited. Don Summers, 30713 Riverside Drive, suggested a Camino Del Norte extension, from Main Street to the Franklin Street Bridge. Edith Stafford, 29700 Hursh Street, suggested concentrating on the other possible streets such as Franklin and Camino Del Norte, which would alleviate a lot of the congestion on Railroad Canyon Road. She commented Staff and CalTrans were trying to solve the problem in the problem location. Regina Lesane, 21031 High Crest Drive, indicated that her family purchased _. a home in Lake Elsinore in 2000. She suggested having officers at the intersection. She indicated citations could bring money to the community. She suggested widening the lanes that currently exist; and noted it would be PAGE EIGHT -STUDY SESSION - FEBRUARY 13, 2004 q � a mistake to eliminate the local businesses that had supported the community. Ron Rasmussen, indicated that if Summerhill Drive was closed and a bridge was built, considering there was another 250 additional homes to be built in the area it did not make a lot of sense. Tony Schiavone, 780 Lake Street, indicated he noticed the problem with Railroad Canyon Road more than four years ago and he notified the City Manager and spoke with Mayor Brinley. He noted for the past year or so he and his wife had been going to the Murrieta Walmart to avoid the long delays at Railroad Canyon Road. He noted he had suggested to Mayor Brinley and members of Staff that the two lanes making left turns on Grape Street and according to Staff an average of 400 cars per day uses those two lanes; the right hand lane he calculated 5 out of 8 cars did not make a right turn, they continued east. He indicated if the right lane was made right turn only that would pick up another 160 cars per day going to the shopping center, by eliminating one left turn lane on Grape Street, would give two straight lanes going east. He indicated that the signal at Grape Street was red and the other two preceding signals were green, which causes traffic to back up around Mission Trail. He suggested synchronizing the lights to give a continued flow. Councilman Hickman agreed with Mr. Schiavone suggestion. Engineering Manager Seumalo commented that he had discussed with the City Traffic Engineer earlier regarding this Study Session and what Mr. Schiavone had mentioned was the same idea Staff had in place as a temporary solution. The cost would be $950,000 to do the improvements, but the pedestrian sidewalk would be removed on the south side under the freeway to gain an additional lane. He noted there would be a right turn only lane eastbound, two through lanes, and two left turn only lanes at the intersection of Grape Street and Railroad Canyon Road. He indicated the PAGE NINE -STUDY SESSION - FEBRUARY 13, 2004 northbound off ramp would be widened to three lanes at the intersection with two right turn only lanes and one left turn through lane. Joe Tunstell, Wildomar, indicated that he owned property in Lake Elsinore. He commented the property owners east of Interstate 15 had a meeting with the City five years ago to complete some right of ways through the properties to connect to the bridge where the old dump was located. 100% of the property owners that attended the meeting were for the idea of having a frontage road through that area, which would give access from Railroad Canyon Road to Main Street. He indicated that he could not speak for the current property owners. He noted five years ago those right -of -ways would have been donated if the City had put a road in at that time. Assistant City Manager Best indicated there was a meeting several years ago. Staff was still in the process with some of the new developers based on the way the MSHCP had formed in the habitat corridors to review the opportunity from Tuscany towards Camino Del Norte as an extenstion and connector between Main Street and Franklin as well as some of the new development that may be developing in the Ramsgate area to access near the City owned landfill. She noted that was something Staff had interest in for a number of years. Mayor Buckley asked in the Capitol Improvement Budget for 2004/2005 bring back a cost for Camino Del Norte, South Ramsgate, and North Tuscany Traffic Study. Councilman Schiffner commented this was a tremendous problem and the intersection would get a lot worst before it got better. He stated it was problem that would take some time to complete. Councilman Hickman suggested Staff thought outside the box and it would probably take until 2008 or 2009 to get this problem resolved completely. Mayor Pro Tern Kelley commented that she was happy to see this project moving forward. She noted the project would take some time and the goal was to choose the right alternative the first time. PAGE TEN -STUDY SESSION - FEBRUARY 13, 2004 Councilman Magee commented the-project would take a significant amount of time. He requested that the City Manager'§ Office on a quarterly basis at the end of the Council Meeting during the informational section provide an update of the project, so that Council and the public would know something had moved forward. Mayor Buckley inquired if it was possible to get drivers in the habit of right only and then two straight lanes, and left turn only; or would it invite accidents. Engineering Manager Seumalo indicated what was being cleared through CalTrans to get the encroachment permit was the design that Staff was going with, so to modify that Staff would need to get CalTrans approval, a concern they might have would be the width of the shoulder by restriping. Councilman Schiffner questioned where the limitation of CalTrans. Engineering Manager Seumalo explained that it was between Grape Street and the ramp. Mayor Buckley commented that Highway 74 and Interstate 15 would be the next big commercial intersection. He noted that Staff needed to be thinking ahead. Community Development Director Brady commented that Staff and CalTrans had been in conversation regarding that intersection. He noted there were several parcels in that area that had been considered redevelopment, that may not be able to be developed. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 6:14 P.M. PAGE ELEVEN -STUDY SESSION - FEBRUARY 13, 2004 THOMAS BUCKLE MAYOR CITY OF LAKFL-ELSINORE Respectfully submitted, �4 44eericik Ray, eputy City Clerk AT ,TEST: t VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, FEBRUARY 19, 2004 CALL TO ORDER Mayor Buckley called the City Council Study Session to order at 6:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: KELLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, Deputy City Attorney Steve Miles, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Information/ Communications Manager Dennis, Planning Manger Villa, Engineering Manager Seumalo, and Deputy City Clerk Ray. DISCUSSION ITEMS (F:60.1)(X:172.1) Mayor Buckley indicated that the City Council had authorized City Staff to hire consultants to perform a study of the Country Club Heights area. He stated the consultants would be giving a presentation of their findings; and noted the presentation would reflect options and concepts. City Manager Watenpaugh deferred to Community Development Director Brady to give a brief overview _ Community Development Director Brady commented there had been a lot of interest in the Country Club Heights area. The City Council had directed staff to move forward with a study of the area, which originally started out PAGE TWO -STUDY SESSION - FEBRUARY 19, 2004 with the area of Country Club Heights between Chaney Street and Riverside Drive; but later Council directed Staff to expand the study to include the area northeast of Riverside Drive. The area now included an estimated 800 acres and over 5,300 lots in that particular area. Staff mailed over 3,000 notices, of this meeting it was advertised in the Press Enterprise and on the City website. He noted the City had retained the services of The Planning Center to conduct the study. He noted the purpose of the study was to know the opportunities and constraints for development in the Country Club Heights area. He indicated that the area was unique in terms of the topography, road structure, and layout of roads. He further indicated there were a number of issues that had been identified by The Planning Center in regards to development (land use, zoning, utilities, infrastructure, etc.). He stated that Staff needed direction from the City Council as to the types of development, and input from the community as to what they would like to see the area developed into. He indicated road widths would need to be reviewed, and from a public safety standpoint how the fire department could service the area. He introduced Brian James and Collin Rukus from The Planning Center. Brian James stated they were asked to provide a basic understanding of the site, they were not proposing any concrete plans, but giving a basic understanding of the opportunity, the constraints and give a conceptual plan. He stated when the property was originally subdivided in the 1920's it was done without regard to the construction ability of the lots, without regard to access, and without regard to infrastructure; and the area was subdivided without consideration of the ability of the land to support the level of development. He indicated the City was fortunate that the property did not develop the way it was subdivided; as there was no way the existing circulation system could handle the level of traffic, there was no way the land could support the septic system and there was not adequate water for fires in that area. He reiterated there were 5,300 individual lots, some less than 1,000 sqft., which equated to about seven dwelling unit an acre; if that was to build out there would be 13,000 residents and about 53,000 daily trips. He indicated that was an urban level of development in that area and it demanded an urban level of services. He commented that the Planning Center did not think an urban level of development was appropriate on that -- PAGE THREE -STUDY SESSION - FEBRUARY 19, 2004 site and would provide background data to support their decision and a different land use pattern for the site. He noted their main goal was to provide the City Council with information to have an informed discussion on the area. Collin Rukus provided a PowerPoint presentation. He indicated the location of the area, centrally located between the downtown area and the Outlet area. He noted that it was located near some compatible residential in support of commercial development. The only constraints were the Temescal Wash and the light industrial development that needed to be buffered. He commented on the external road access to Lakeshore Drive and Highway 74. He noted there were over 3,000 owners, which put a substantial constraint on the ability to form cohesive development. He continued with the presentation with a brief discussion of each of the following issues: 1. ZONING The current General Plan and Zoning Code treated the site with a vision of a resort oriented development. The high density development was focused along the corridor and adjacent to the lake. In the southern portion it was high density R -2 and R -3. He continued to say at maximum build out the site could support over 6,000 units, but that did not mean it was appropriate or the units could actually be built, it only meant that it was permitted. Taking minimum lot size requirements the red portion of the slide indicated they did not conform to the minimum lot size requirements for their zone; the green lots did conform to the minimum lot size requirements. He noted that the properties were subdivided in the 1920's and were considered lots of record and therefore were not obligated to conform to the minimum lot size requirements, however the other lot standards such as; the lot frontages and set backs still did apply. PAGE FOUR -STUDY SESSION - FEBRUARY 19, 2004 2. ENVIRONMENTAL CONSTRAINTS They also studied the physical constraints on the site. Being that the property was next to the lake, they reviewed the flood hazard. He indicated that most of the topography worked in the site's favor, raising most of the land out of the reach of the 1,263 ft. floodplain. The Temescal Wash did not impact the site in a significant manner. The MSHCP would mostly likely be defined and follow the natural shape of the Temescal Wash. He indicated the next constraint was Wildland fires. He indicated the site was completely contained within a high fire hazard severity zone. He reminded everyone of the Old Waterman Canyon Fire. He also commented on the Oakland - Berkeley Hills Fire in 1991, which resulted in a loss of over 3,400 units and a total of twenty five deaths. The narrow roads and deep terrain played a significant role in the accessibility of emergency vehicles. The next environmental issue was the infrastructure of the water supply. He noted according to the Fire Department pipe lines had to be a minimum of 6 inches in width in order to provide a sufficient flow and capacity. He noted the majority of the site was inadequately served. In the central portion of the site where most of the development would occur there were no water lines. He indicated that to put development in that portion of the site could be a fire risk; he added with the slope of that area it would be very expensive to build. He indicated the limit of feasible development slope was 20% to 25 %; any higher would call for a need of extremely technological advance building methods. He further indicated on the 15% to 25% degree slope it was risky and would be hard to build. He noted slopes were in favor of the fires and allowed the fire to travel up the slope and expand on the crest, which makes it difficult for fire trucks to reach. PAGE FIVE -STUDY SESSION - FEBRUARY 19, 2004 3. ACCESSIBILITY He indicated that many of the roads suffer from steep slopes primarily unpaved; and the maj ority of the roads could only be accessed with 4x4 in good weather. He also indicated that most of the roads that were paved were far to narrow, and in order to expand to the full right -of -way there would be an extreme amount of grading, which would be expensive. 4. SERVICE He noted the location of the existing sewer lines, and the 200 ft. proximity to sewer was identified in the slide presentation. The Planning Center did a review of the size of the lots. The reason for the review of the size of the lots in relationship to the sewer was to get rid of waste water if the site was to be built upon. The only two ways to do it was (1) connecting to the existing sewer system or creating a subsurface septic system. He noted the Regional Water Quality Control Board informed the Planning Center they had a standard for new development that would require a lot to be V2 acre in size to be allowed to use a septic system, due to the varying degrees of percolation rates, which differ depending on the amount of slope and the type of soil. He noted the areas that had a 200 ft. proximity to sewer, and presumed those areas could feasibly connect into the existing sewer system without too much cost. He indicated that 90% of the site was not large enough to develop individually and use a septic system. 5. CONSOLIDATION OPPORTUNITIES He indicated the red parcels in the slide presentation represented owners that owned 1 to 3 parcels, yellow indicated 4 to 10 parcels, and green indicated 11 or more parcels. He noted that a majority of the small lots were owned by individuals that owned maybe 1 or 2 parcels, so they would not be able to consolidate their parcels. The PAGE SIX -STUDY SESSION - FEBRUARY 19, 2004 individuals that owned 11 or more were more likely to be able to buy up the other property of those single lot owners or merge their own properties. 6. POTENTIAL DEVELOPMENT SCENARIO He indicated at build out it would be 763 gross acres of residential, keeping the 14 acres of commercial development as commercial. He commented that 2,000 units developed at the moderate density level. Area 1. He indicated for the scenario they drew in V2 acre lots for the area that suffered from high slopes and limited sewer access. Area 2. He indicated this area had existing development the northern section was primarily developed and suffered from minor slope constraints, but had major road access. This area was treated as a transition zone. Area 3. He indicated the area had some reasonable sewer expansion, moderate slope constraints and could serve as a transition zone. Area 4. He indicated the area consisted of minor slope constraints, which allowed for greater density. The area had major road access and was in close proximity to sewer lines. PAGE SEVEN -STUDY SESSION - FEBRUARY 19, 2004 Area 5. He indicated this area had the greatest development potential. The area had immediate sewer access, minor slope constraints and major road access. Area 6. He indicated that this area was commercial. Mayor Buckley indicated the idea for a Country Club Heights Overlay District was that the integrity of the existing neighborhood, as the preservation of the neighborhood was a primary concern, but it was difficult for individuals to build custom houses. He stated this was not a Trojan horse to bring in standard tract houses. Audrey Dunn, 26481 El Toro Road, indicated that he was concerned with the price that he was quoted $30,000.00 for permits and for improvements fees to put a manufactured home on the lot. He indicated he would like to put his home on the lot. George Bloomfield, 24532 Quintana Drive, indicated that he and his wife had purchased lots recently; and over the years he was told that he owned the lot with a surrounding private road. He was concerned that as development took place where the line would be drawn for the private road. The road was located off Champion. He indicated it was a very steep drop off from Champion to go across to their property. He commented that they had concerns regarding drainage and for getting construction equipment to the property; and if there was any support from the City for that particular intersection (Champion and Leinberg). He asked if the Powerpoint presentation would be accessible on the City website. Mayor Buckley indicated it would be accessible on the City website. J.J. Swanson O'Neal, 1403 W. Heald, noted she was a member of Lake Elsinore Historical Society; she inquired if and noted the street lamps in that PAGE EIGHT -STUDY SESSION - FEBRUARY 19, 2004 area located on Lakeshore Drive in regard to the Overlay there was a chance to have those lights activated. She stated the lamp could be activated by solar panels made for each lamp. She indicated the price was $700.00 for the purchase and would probably be minimal to install the panels. She noted the street lamps had been in the area since 1926; and commented it would add some civic pride to the area. Terry Thiehen, 17937 Lakeshore Drive, indicated the septic tanks were 3 blocks west of Chaney. He indicated there were 10 houses along there that had septic tanks. He further indicated the Planning Center presentation showed that the sewer did not connect. He indicated that and had been in contact with the Regional Water Quality Control Board he complained to the Board that the sewers could contaminate the Lake. He noticed in the presentation it was zone as a R2 which was good to see. He noted it was 2,000 ft and asked who could put in the sewer line. He indicated he had spoken to EVMWD and they said they could put in the sewer line. Ron LaPere, 16867 Wells Street, indicated his concern was the amount of pounds per square inch of water. He noted they had a low water pressure and presumed it was from EVMWD. He noted the need for adequate fire protection in order to protection current homeowners in that area. Marjorie Kinney, P.O. Box 2219, Laguna Hills, CA, indicated she owned 14 lots in the Country Club Heights area. She indicated the area was a sleeping giant, and each owner of those lots had their own story to tell. She stated she realized it would take deep pockets to have the beauty and an appreciation in the price of the property. She noted some of her ideas to consolidate the lots were (1) to request eminent domain of any of the property that was currently delinquent in their state taxes. (2) A 90 day melt down, which was a current value of the property that was currently there and figure out based on the access to roads, whether it be flag lots or lots without access to roads, the location, the view, which would be a value to the owner and during a 90 day period the City would buy back those lots. (3) Find out which landowners would like to donate their land to the City. (4) A consortium of builders. (5) Consider a forum of the existing owners. PAGE NINE -STUDY SESSION - FEBRUARY 19, 2004 Dick Knapp, 16450 Monterey Street, noted that the Old Coastal Oil was left out of the presentation which was north of Gunnerson Street. He indicated he was on the Country Club Heights Advisory Committee in 1987 and the General Plan Advisory Committee 1987 -1990. He indicated that he lived in the Country Club Heights area in 1981 and was responsible for getting the roads in the area. He noted they were able to get 4 miles of pavement in for less than $25,000.00, but the roads before that were made of oil and full of pot holes. He indicated the City would need to remove the landscape easement. Willeta Graves, 16748 Gunnerson Street, decided not to make a comment. Denise Fleming, 17970 Lakeshore Drive, commented that she was passionate about the Country Club Heights area. She felt it might be a Pandora's Box. She noted that her family had lived in the area for 10 years. She indicated that many of the roads had been inaccessible to the residents in that area. She noted that Country Club Heights was the reason for people coming to Lake Elsinore back in the 1920's and 30's. She indicated that the developers that had come into the town lately had built pretty pictures on the outside, but shallow structures on the inside; and she was looking forward to a developer coming into the town preserving the history and the integrity in making Lake Elsinore what it originally wanted to be and should be in the future. Rick Weir, 621 W. 7th, Upland, CA, decided not to make a comment. Tim Fleming, 17970 Lakeshore Drive, stated the consultants presented a lot of negatives. He noted in California there was Studio City in Los Angeles, Hollywood Hills, Bel Air, Laguna Niguel, and other coastal city communities that had the same topography as Country Club Heights, and these communities have worked through their topography road blocks. He indicated that development in the area was possible and the owners should have the opportunity to make the area a matching gem to the focal point of the valley, the Lake itself Lake Elsinore. Michael O'Neal, 1403 Heald Avenue, decided not to make a comment. PAGE TEN -STUDY SESSION - FEBRUARY 19, 2004 Weldon Page, 2301 E. Santa Fe, Fullerton, CA, indicated he had been buying property since the early 80's. He stated he did not hear any positive points for the area from the presentation. He suggested one way roads, sidewalks adjacent to the one way roads, and bike lanes. He commented the area could be developed and understood there were a number of lots in that area. He suggested having minimum size lots and it was the decision of the property owner to buy or sale. He indicated he was against eminent domain; and noted he owned 8 properties in the City and realized he might need to fight eminent domain. He suggested a meeting that reflected positive ideas for the area. Phil Williams, EVMWD, he indicated the sewer lines did not go completely down Lakeshore Drive. He further indicated in order to install a sewer line the street would be closed for a minimum of 3 weeks. He stated if the area was going to be developed the Fire Department required a fire hydrant roughly every 250 to 300 ft. He indicated EVMWD had been meeting with EWD about bringing in the water lines. He noted the cost of a water line was roughly $50.00 per ft. $1,500 to $2,000 per hydrant, back flow valves _ and other issues, including pressure zones and sewer lines would be expensive. He suggested the only way EVMWD could help would be if the residents in that area or at least 2/3's (Prop 218) requested that services be put in, bonds could be sold, but it would be added to the property owner's tax bill. He commended the City for reviewing this area. Ron Hewison decided not to make a comment. Mayor Buckley asked Community Development Director Brady to comment on the fees. Community Development Director Brady explained that there were a number of fees associated with developing property and that was similar throughout the entire City. Mayor Buckley asked about the lots and the road division in that area. PAGE ELEVEN -STUDY SESSION - FEBRUARY 19, 2004 Community Development Director Brady explained that there was a subdivision on the property in that area. He noted there were roads identified, many of which might be paper streets that did not actually exist. He indicated some of the roads did not exist in the location where the actual right of way was located. For private roads in the area if they existed, the property owner was responsible for maintaining the road. Mayor Buckley asked if an Overlay District allowed for the levying of fees to support items of public historic interest, such as street lamps. Community Development Director Brady indicated that he would have to say no, an Overlay District was a land use tool, so in terms of levying fees or placing fees as part of an Overlay District, would likely be something the Council would need to adopt in another way. Mayor Buckley asked Staff to investigate the cost for solar panels and hooking up the existing lamps. Councilman Schiffner indicated that most likely all the street lamps had parts broken and might be on private property. City Manager Watenpaugh indicated staff could bring the cost back to Council. He noted that the Lighting Landscape Maintenance District that was in place was not paying a street lighting fee in that area. The only way to assess the property owner's was if they voted for it. Councilman Magee indicated Mrs. Swanson from the Historical Society had information on the street lamps and perhaps they could provide a data base for City Staff. He also indicated that Pete Dawson was involved in some reclamation of some of the light standards and suggested staff contact Mr. Dawson. City Manager Watenpaugh indicated that Staff would contact Mr. Dawson. Mayor Buckley asked Community Development Director Brady for his views on the water and sewer issue for the site. PAGE TWELVE -STUDY SESSION - FEBRUARY 19, 2004 Community Development Director Brady indicated that the comments Mr. Williams from EVMWD made earlier touched bases on some of the financial issues as to some of the cost. He indicated taking a look at the land use issues in that area, felt the water issue was the greatest constraint. Mayor Buckley asked if individual above ground waste water treatment plants were legal in California. Community Development Director Brady commented he was not familiar with that type of system. Councilman Schiffner indicated the idea for the Overlay District was to find a way to revise the planning and zoning requirement, so it would make it possible to build in that area. He further indicated he never thought the City was going to develop the area, and it was probably a lot of landowners would like to develop their property if the requirements were reasonable. He stated the purpose of the study he believed was to find out how they could adjust in an overlay or a specific plan of that area. He noted neither City nor County built improvements; improvements were made by a land owner or a developer when the land is developed and the price was added to the price of the house. He stated there were two ways to accumulate money to make improvements; (1) an assessment district, he indicated 2/3 of the owners needed to vote for the district and (2) Possible RDA project. He noted it was possible to build in that area. Mayor Buckley noted that it was his understanding that CalTrans looked negatively at building anything right on Highway 74. Community Development Director Brady indicated that the Mayor was correct in that CalTrans did not like to have direct access onto their highways. The idea would be to have the high density development, but not the direct access to the highway. Mayor Buckley asked Deputy City Attorney Miles to explain eminent domain. He further indicated that the City did not have the power of eminent domain. PAGE THIRTEEN -STUDY SESSION - FEBRUARY 19, 2004 Deputy City Attorney Miles explained that eminent domain was a power by which government could for public purposes obtain property. He indicated with this particular issue it was residential property that would require the use of eminent domain for a plan to reestablish a new residential use would be pushing the use of eminent domain. He further indicated there was a U.S. Supreme Court decision in Hawaii that actually upheld the right to actually take private residential property and resale. The facts of that case were to break up large property ownership due to a shortage of property for individuals and housing, but that was not the fact pattern in the Country Club Heights area. He commented the utilization of eminent domain would have some difficulties. City Manager Watenpaugh indicated the Mayor was correct that the RDA did not have eminent domain power and the Agency had established a sub committee that was researching a variety of issues. He also indicated the City did have eminent domain powers for street right of way. Michael Lewis, indicated that he bought a house in the Country Club Heights area. He noted he purchased 13 lots to prevent looking down on manufactured homes. He also noted before the rain he planted 2.25 acres of wildflowers. He indicated he had to pay to water this land from his property, although there was no water service to those lots, but he was paying $1,000 annually to the Water District for lots that had no water and if he wanted water he would need to pay $50,000 to bring water to the lots. He stated they he was informed that he paid taxes on the infrastructure. He noted there was no infrastructure unless he used a water hose from his home to the lots. He suggested appointing a committee or a group of property owners that was willing to make what ever changes that needed to be made. Phil Molitor, suggested creating a list of all property owners that were present that was willing to become an assessment district. Maria Keffor noted she had property at Gunnerson Street and Riverside Drive, she asked if there was anything scheduled for that area. She noted that the property was in the flood plain and was lower than Riverside Drive. PAGE FOURTEEN -STUDY SESSION - FEBRUARY 199 2004 Mayor Buckley stated she could choose to donate the property to the habitat plan or sell it to the habitat plan. Councilman Magee thanked the property owners for being at the Study Session and thanked the Consultants for the presentation. He indicated that there were comments about the outline he explained that the consultants listed the constraints to development, which was the first step before identifying the opportunities. He noted it was not often that the public asked to be taxed. He agreed with Mr. Molitor in circulating a note pad around the Study Session and everyone that was willing to participate an assessment district write their name, address, and telephone number. Councilman Hickman commented the RDA Committee was scheduled to meet in April and would be giving this to the Committee to research. He indicated he would support development in the area. Councilman Schiffner commented that an assessment district did not need to be formed for the entire area it could be one block or a street. Mayor Buckley commented the presentation would be on the City website. He requested that everyone listing their name indicated whether they owned a home or lots, if lots list the number of lots owned. He noted that a City email box cch@lake- elsinore.org to email suggestions and comments. He noted at the first Council meeting in March, a Country Club Heights Citizens Committee would be formed and each Councilmember would elect someone to the committee that lived in Country Club Heights. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 8:00 P.M. PAGE FIFTEEN -STUDY SESSION - FEBRUARY 19, 2004 TIfOMAS BUCKI Y MAYOR CITY OF LAKRtLSINORE Respectfully submitted, d 4gre erick Ra , eputy City Clerk AT ST: 2 aT'j VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 24, 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Pro Tem Kelley at 4:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY BUCKLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Lake /Aquatic Resources Director Kilroy, Parks & Open Space Manager Fazzio, Recreation & Tourism Manager Fazzio, and City Clerk/Human Resources Director Kasad. DISCUSSION ITEM City Manager Watenpaugh noted that Mr. Costa who was celebrating his 100th Birthday was an active participant at the Senior Center. Mayor Pro Tem Kelley inquired if members of the Rotary Club would be present to accept their proclamation. Staff confirmed. Mayor Pro Tem Kelley inquired if there were any questions on the Consent Calendar. Page Two — Study Session Minutes — February 24, 2004 Councilman Magee questioned specific warrants and obtained clarification from staff regarding their purposes. Councilman Hickman questioned specific warrants and obtained clarification from staff regarding their purposes and vendor contracts. Mayor Pro Tem Kelley questioned the public hearings. City Manager Watenpaugh clarified that Item 21 was a set of annexations into the public safety CFD. Councilman Hickman inquired about the location of Villa Martinique. City Manager Watenpaugh clarified the location. Councilman Hickman noted that Item 22 was regarding Weed Abatement, and inquired if staff would have the tractors in time. City Manager Watenpaugh indicated that if they were not in house in time, staff would rent them. He noted that staff had basically abated about half of the City's so" properties to date and were moving forward on the balance. He indicated that property owners would have until May 1St to abate their parcels, and then staff would go to the most visible and areas of public safety concern first. Councilman Magee questioned the costs for abatement. City Manager Watenpaugh indicated that there were set fees, based on staff's abatement of properties, on a square footage basis. He explained that there was a $250 administrative charge for each parcel as well as the square footage charge for weed removal and tree trimming. Councilman Magee inquired with regard to the tree trimming on Lakeshore Drive between the inflow channel and the Senior Center. Parks & Open Space Manager Fazzio indicated that the trees were trimmed by the weed abatement crew. Councilman Magee commended them on a nice job and questioned the square footage costs. Parks & Open Space Manager Fazzio indicated that the cost was $.025 per square foot. Page Three — Study Session Minutes — February 24, 2004 City Manager Watenpaugh addressed Item No. 31, the Swick - Matich Concession building and noted that the high bids appeared to be due to the fact that everyone was busy and didn't do the work. He noted that the bid cost was almost $300 per square foot for the restroom facility. Councilman Hickman noted that the League parents had built the concession stand at Tuscany Hills park; and suggested letting the Little League do this work. Mayor Pro Tem Kelley clarified that this facility would need to meet ADA requirements. City Manager Watenpaugh commented that none of the Leagues had built a facility from the ground up, and he was not sure they would be willing to take that on. Mayor Pro Tem Kelley reiterated the difficulty of meeting the ADA requirements. Councilman Magee commented that the groups might have someone qualified who would be willing to try, and suggested discussing it at the next user's meeting to see if anyone was interested. Councilman Magee questioned who calculated the estimate. City Manager Watenpaugh indicated that it was provided by the contractor. Councilman Magee inquired what could be deleted from the project. City Manager Watenpaugh indicated that staff was evaluating that question. Councilman Hickman clarified that the League did the Concession stand, but not the restrooms; but stressed that they did an excellent job. City Manager Watenpaugh indicated that he would be happy to look at it, but noted that there might be other issues, since the funding was from CDBG. City Manager Watenpaugh addressed Item No. 32 regarding the Downtown Merchant events. He noted that originally they were planned to come before the Council in April, but the Association wanted to bring forward the potential for a City wide garage sale, prior to April. Councilman Hickman inquired if garage sales would be free to everyone for two months. Recreation & Tourism Manager Fazzio indicated that free garage sales were only in April. Councilman Magee indicated that it was his understanding that people would be charged $25 to participate in this event, and the sales would occur Page Four — Study Session Minutes — February 24, 2004 on Main Street. He inquired how they would feel about moving down one block, to Sulphur Street, instead of Graham, and incorporate the parking lot area in their event. Donna Lucas indicated that they intended to keep it to one or two blocks with additional spaces depending on the need; but noted that they had not considered the parking lot. She suggested the possibility of the City providing a dumpster at that location. Councilman Magee indicated that his main concern was keeping the parking in front of the restaurants open and available. Ms. Lucas indicated that the parking would not be available anyway, due to the street closure. Councilman Magee indicated that he would like to revisit this event and move it down one block: and stressed that the restaurants have difficulty during those events. Mayor Pro Tem Kelley addressed the regular street fair and noted that this would allow them to include a swap meet two times in conjunction with the events; and there would be no additional street closures. She indicated that this street closure had been discussed several times and the majority of the business on Main Street preferred this setup. Ms. Lucas clarified that the event was shut down by 5 p.m. to allow for the restaurants' evening business. Councilman Schiffner clarified that the event was only on Sunday; and noted that at one time the restaurants and barber shop complained. He commented that Guadalajara was always full either way. Ms. Lucas noted that the Vietnamese Restaurant was only open for dinner on Sundays. Councilman Schiffner commented that there seemed to be no great harm being done. Ms. Lucas indicated that the restaurants were concerned for their regular customers. City Manager Watenpaugh clarified that there were a number of restaurants originally opposed to the program, and staff met with La Tre and offered to meet with Rusticana. He noted that the Council last dealt with the Street Fair on January 14th, 2003. Councilman Schiffner indicated that the Council had met with the business people and this had been discussed heavily with the final decision to leave it as it was. Mayor Page Five — Study Session Minutes — February 24, 2004 Pro Tem Kelley concurred that the majority of the businesses wanted the event to stay as it was. Councilman Hickman indicated that he would like to expand the event to a City -wide garage sale for the entire City. Ms. Lucas questioned the fee for garage sales. Mayor Pro Tem Kelley indicated that residents were allowed two garage sales per year, with permits costing $5 each. Ms. Lucas suggested this was a nice way to help clean up the community, and would allow for networking with the City and Downtown Merchants. Mayor Pro Tem Kelley indicated that her only question and concern would be after the event was over, that there would be adequate people and places to dispose of residuals, so they were not left behind. Ms. Lucas commented that there were options for partnering to ensure disposal. Councilman Hickman inquired if the Salvation Army would pick up the remaining items. Ms. Lucas indicated that the Salvation Army was pretty fussy about what they would take and it was unlikely they would be there on Sunday after the event to pick up. She commented that the swap meet on the other side of the Lake was packed every weekend, but stressed that they were only going to be doing it two times this year. Councilman Schiffner commented that this request would not cause any additional impact on the restaurants. Councilman Magee requested clarification that this item would be coming back for consideration. City Manager Watenpaugh confirmed. Councilman Magee inquired when it would be back. City Manager Watenpaugh indicated that it was due to come back in April. Councilman Magee stressed his concern with parking for the restaurants and suggested that he would offer the same courtesy to any other business. He noted a recent Council meeting, when he arrived and parked in front of Enchanted Treasures and was asked to park elsewhere, so he would not impact their business. He suggested the impact of this event was similar on the restaurants, and stressed equal courtesy to the businesses. Ms. Lucas indicated that she also had a business on Main Street, and any day of the Page Six — Study Session Minutes — February 24, 2004 week, parking is difficult. She indicated that her customers use the parking lots and suggested that the restaurant customers could do the same. She commented that she would like the whole three blocks to be a walking district. Councilman Schiffner concurred that the parking was never good, but this issue had been discussed extensively. Mayor Pro Tern Kelley commented that if the event was moved for the convenience of the restaurants, it might be hurting other businesses that rely on the walk -in business of the events. Ms. Lucas noted the parking areas used for the restaurants. Councilman Hickman noted the irony of the parking situation was that those who parked during the day were the business owners. Ms. Lucas confirmed this was an issue. Councilman Magee indicated that when this matter was discussed in April, he would like to see something in writing from the businesses or see people at the hearing. He commented that he had been to the fairs and had seen what they did to the restaurants; and indicated that he was very torn over this issue. Ms. Lucas indicated that the fair had been declining, but as the new President of the Downtown Merchants group, she was working to rebuild it with advertising, etc. Councilman Schiffner indicated that all of the Councilmembers were torn over this issue. Mayor Pro Tern Kelley concurred that this was a difficult issue. Redevelopment Agency Chairman Hickman noted that the Redevelopment Agency Agenda contained only the Warrant List. Boardmember Magee questioned what the Union Bank payment was for. Administrative Services Director Pressey indicated that it was debt service on three series of bonds, including principle and interest. Chairman Hickman addressed the warrant list, and questioned the distribution of funds. Administrative Services Director Pressey clarified the receipts through the City and the payments to the Redevelopment Agency. He explained that there were other sources of funds, but the timing of the property tax did not always match. He indicated that the bottom line was that there were sufficient funds to cover the payments. Page Seven — Study Session Minutes — February 24, 2004 Legal Counsel Leibold noted that the Redevelopment Agency Board had one item for Closed Session discussion. Public Finance Authority Chairman Magee inquired if there were any questions on the Public Finance Authority Agenda. Authority Member Hickman noted that he was still not sure of the Authority's functions. Chairman Magee indicated that Administrative Services Director Pressey's comments had been very helpful in explaining the function of the Authority. He noted that this Agenda's action was limited to receiving one payment and writing one check. Administrative Services Director Pressey clarified that the check was only for debt service. Executive Director Watenpaugh noted that the payment was for the annual report by Rod Gunn. Administrative Services Director Pressey clarified further, and explained that the annual report was required to be prepared and submitted to the repository for the update on the status of investments. Authority Member Hickman inquired if the PFA was for the Assessment District. Administrative Services Director Pressey indicated that certain bonds were done through the Public Finance Authority, and noted that it would be covered in more detail at the meeting next week. ADJOURNMENT THE STUDY SESSION WAS ADJOURNED AT 4:36 P.M. AT EST: ` T ------CKLE CITY OF LAKE VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE 4AYOR ORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 24, 2004 - 5:00 P.M. CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tem Kelley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (2 cases) (17:40.1)(X:52.1) B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager. (17:46.1) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Page Two — City Council Minutes — February 24, 2004 Property: Assessor Parcel Numbers 347 - 330 -045, 347 - 330 -046, 347 -330- 051, 347 - 330 -50, 347 - 330 -052, 347- 330 -053, 347 - 330 -019, 347 -360- 004, 347 - 360 -005, 347 - 360 -03, 347 - 250 -006, 347 - 250 -007; 347 - 250 -008, 347- 350 -003; 347 - 350 -014; 347 - 350 -015; 347 - 360 -006 and 347 - 360 -007 Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment (F:40.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Pro Tem Kelley reconvened the Regular City Council Meeting in public session at 7:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake /Aquatic Resources Director Kilroy, Police Page Three — City Council Minutes — February 24, 2004 Chief Walsh, Engineering Manager Seumalo, and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Dolores Mayhall. INVOCATION - MOMENT OF SILENCE Mayor Pro Tem Kelley led the meeting in a moment of silent reflection for Bill "Whiskers" Tucker and his family. PRESENTATIONS /CEREMONIALS a. Proclamation - John Costa - Celebration of 100th Birthday. (F:122.1) Mayor Pro Tem Kelley called Mr. Costa and family forward for presentation; and read and presented the Proclamation honoring Mr. Costa on his 100th Birthday. Mr. Costa and his family thanked the Council for this recognition. b. Proclamation - Rotary Club - 50th Anniversary. (F:122.1) Mayor Pro Tem Kelley invited all Rotary Club members in attendance forward for presentation, and noted that Community Development Director Brady was the current President of the Lake Elsinore Chapter. She noted the contributions of the Rotary Club including the FIT Committee, bus benches, monument signs, participation in the Student of the Month program, international projects in Mexico and speech contests. She read and presented the Proclamation to the group and commended the on their contributions to the community. Community Development Director Brady noted the organization's 100th year as a service organization and indicated that the local group currently had 51 members. He detailed their Page Four — City Council Minutes — February 24, 2004 sponsorship of the Youth Leadership Program, and indicated that he was honored to be the President of the local chapter this year. CLOSED SESSION REPORT City Attorney Leibold reported that all items were discussed, with no reportable action; however it was anticipated that the next meeting would include a public item on goals and objectives for the City Manager. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE George Alongi commented on the contributions of Bill "Whiskers" Tucker to the community; noting that he was the best ambassador the City had ever had for the Lake. He indicated that Mr. Tucker gave a part of his life to the Lake, and suggested that the City do something for the family to commemorate his service to the community. Mayor Pro Tern Kelley requested that staff prepare a _- Proclamation recognizing his efforts. Dolores Mayhall expressed concern with the parking lot across the street from the Cultural Center, where someone got stuck for 2 -1/2 hours, because people would not move their cars. She suggested that the lot should be monitored during special events, noting that there had been several times when she had to drive over the sidewalk to get out of the lot. Donna Lucas, representing the Downtown Merchants, addressed a permit being proposed for bail bonds on North Main Street. She indicated that she had a petition by 80% of the Merchants, noting that they had a different vision for the District. She suggested consideration of what the Council would like to see on Main Street. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE .— Page Five — City Council Minutes — February 24, 2004 CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: a. Planning Commission Meeting - February 3, 2004. (F:60.3) 2. Ratified Warrant List for February 12, 2004. (F: 12.3) PUBLIC HEARINGS 21. Resolution Nos. 2004 -11 to 2004 -13 & Ordinance No 1115, Determining the Validity of prior proceedings relating to Annexation of PropeM into City of Lake Elsinore Community Facilities District No 2003 -1 (Law Enforcement, Fire and Paramedic Services); Calling a Special Election; Canvassing Election Results; Authorizing Levyof Special Taxes for CFD 2003 -1 - Annexation Area No. 5 (La Laguna Phase II) and Annexation Area No. 6 (Villa Martinique). (F:22.3) Administrative Services Director Pressey explained that this item was for annexation of two additional projects into the existing public safety assessment district. He advised that they would add 216 units and 84 units respectively with about $34,800 and $12,600 per year going into the District. He noted the provision of copies of the Harris & Associates annexation reports; and indicated that the only difference from prior annexations was the boundary map and delineation of the property. Mayor Pro Tem Kelley opened the public hearing at 7:29 p.m., asking those persons interested in this item to speak. There were no requests to speak. Councilman Magee indicated that his first question had been answered by Administrative Services Director Pressey, and expressed appreciation for the explanation. He expressed support for this action. Councilman Schiffner indicated that he was in full support of this action. Page Six — City Council Minutes — February 24, 2004 Councilman Hickman indicated that this item was for police, fire and paramedic costs and he concurred with the action. Mayor Pro Tem Kelley supported this action. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-11: RESOLUTION NO. 2004-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES). MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-12: RESOLUTION NO. 2004-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF THE CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION. City Attorney Leibold requested a pause in the meeting for tabulation of the ballots. Page Seven — City Council Minutes — February 24, 2004 City Clerk/Human Resources Director Kasad reported majority support for the proposed annexations. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-13: RESOLUTION NO. 2004-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING AREA NO.5 (LA LAGUNA PHASE II) AND ANNEXATION AREA NO.6 (VILLA MARTINIQUE) ANNEXED TO THE DISTRICT. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 11159 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1115 AN ORDINANCE FO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.5 (LA LAGUNA PHASE II) AND ANNEXATION AREA NO. 6 (VILLA MARTINIQUE) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: Page Eight — City Council Minutes — February 24, 2004 AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY ABSTAIN: COUNCILMEMBERS: NONE 22. Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance. Property Owners to be Notified - Resolution No. 2004 -14. (F:166.1) Parks & Open Space Manager Fazzio explained this item, which would authorize the transmittal of notices to abate properties. He further explained that the property owners would have until May 1St to abate their properties. City Manager Watenpaugh requested clarification of the costs to be -- assessed. Parks & Open Space Manager Fazzio indicated that staff had calculated the cost per square foot at $.025 per square foot, plus a $250 administrative fee per lot abated. Mayor Pro Tern Kelley opened the public hearing at 7:34 p.m., asking those persons interested in this item to speak. There were no public requests to speak. Councilman Schiffner indicated that it was a shame that cities had to resort to this method to get people to clean their properties, but he was in favor of the proceedings. Councilman Hickman suggested if the rain continued, abatement might need to be done a second time. He commented that the Pepper Trees along Lakeshore were well trimmed and expressed support for the item. Councilman Magee concurred that he was the comments of the other Councilmembers, and expressed support of the program. He stressed that Page Nine — City Council Minutes — February 24, 2004 this program did not happen by accident, and staff worked diligently on weed abatement. He noted that there had been nearly 125% increase in the department, but they were making significant progress on weed abatement; and concurred that the Pepper Trees were the latest, most visible item the citizens would see. He stressed that more would be occurring, but commented that this item was about those who were not complying. He commended staff on making a difference. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-14: RESOLUTION NO. 2004-14 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING WEED ABATEMENT ASSESSMENT LIENS AND DECLARING THAT CERTAIN WEEDS, 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 MUNICIPAL CODE AND PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST ABUTTING PROPERTY OWNERS. BUSINESS ITEMS 31. Swick - Matich Restroom /Concession Building - Rejections of Bids. (F:114.6) Page Ten — City Council Minutes — February 24, 2004 City Manager Watenpaugh indicated that this item was included in the budget, however staff was recommending rejection of all of the bids, as they were 61% higher than anticipated. He indicated that staff would like to reject the bids and take the opportunity to review the project. Community Services Director Sapp indicated that the project was estimated at $175 per square foot, but the bids were close to $300 per square foot. He stressed that staff would like the opportunity to review the project and determine if there were ways to reduce costs or restructure the bid documents. He commented that this was federal CDBG funds, and stressed that there were a lot of strings attached. Mayor Pro Tem Kelley clarified that this item was for the restroom building at Swick - Matich park to make it ADA compliant. Councilman Magee expressed support for staff's recommendation. Councilman Schiffner expressed disappointment with the bids, but concurred with the recommendation. Councilman Hickman inquired if the bid could be restructured to include just the restroom; and reiterated that the League in Tuscany Hills, built its own concession stand. Community Services Director Sapp indicated that he would talk with the County, since there was CDBG money involved, noting that it might limit the ability to use volunteers. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT THE BIDS AND DIRECT THE COMMUNITY SERVICES DEPARTMENT TO REVISE THE SCOPE OF WORK TO FIT WITHIN THE AVAILABLE BUDGET CONSTRAINTS, AND RE- ADVERTISE THE PROJECT. 32. Historical Downtown Merchants Association Open Air Market. (F:62.1) Page Eleven — City Council Minutes — February 24, 2004 Recreation & Tourism Manager Fazzio, explained that this event had been occurring the first Sunday of every month since 2001; with the goods limited to new, collectible or antique merchandise. She further explained that they had requested an amendment to allow the sale of used merchandise twice a year, specifically in April and October. Councilman Schiffner commented that he realized that in the past there was a limitation on used merchandise, but suggested it was probably worth trying twice a year. He indicated that it would not effect the parking issues significantly, since it was in the same area as the monthly event. He expressed support for this request. Councilman Hickman expressed hopes that this could be presented as a giant garage sale; and suggested that other groups might want to participate. He indicated that he would like to give it a try. Councilman Magee expressed concern with the street fair, in general. He indicated that the fact that Main Street was shut down and that it impacted the restaurants in the area was of concern to him. He indicated he would like to move the event further south and have parking available for the restaurants. He stressed that he would like to allow the same courtesy other businesses have asked of him. He advised that he would vote in opposition to this item, but noted that it was not a reflection on Ms. Lucas or the organization. He stressed that final approval of the event should be conditioned to assure that the streets would be open by 5 p.m. and the trash would be picked up. Recreation & Tourism Manager Fazzio indicated that staff would review the permit in April, and could provide an overall review of the first event. Councilman Magee concurred with this approach. Mayor Pro Tem Kelley indicated that her only concern with the garage sale items, was that they would be disposed of or cleared from Main Street. She Page Twelve — City Council Minutes — February 24, 2004 further indicated that she would also like to see the street opened by 5 p.m. for the restaurants. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3 TO 1, WITH MAGEE CASTING THE DISSENTING VOTE AND BUCKLEY ABSENT TO APPROVE THE REQUEST BY THE LAKE ELSINORE HISTORICAL MERCHANTS ASSOCIATION TO ALLOW FOR TWO "SWAP MEET" DAYS AS PART OF THE OPEN AIR MARKET. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:45 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 7:49 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Gil Rasmussen, Wildomar, commented on the passing of Bill Tucker, and expressed his personal regret for the use of his name in the Californian article which was incomplete. He indicated that he was privileged to know Bill Tucker and very much enjoyed discussing politics and fishing. He commented that Bill added a lighter touch to public meetings and held an important place in the City's rich tapestry of characters. Paula Graver, 218 Ellis Street, indicated that it was the one year anniversary of the Support our Troops Rallies, and requested that the City Council pass another Resolution of Support for the Troops. She commented that the rally on March 13th would be very big. She requested a commitment from each Councilmember to be there at noon on March 13th for the reading of the Resolution. She further requested a Proclamation for Burger King for their support of the rallies, in spite of a threatening call. She read a poem in memory of Bill Tucker. Page Thirteen — City Council Minutes — February 24, 2004 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that Bill Tucker would be missed, noting that he was quite a character and a friend. 2) Noted that Mayor Buckley's absence was excused. 3) Suggested the inclusion of a statement in the Agenda, as well as a couple of reminder announcements to suggest that anyone attending City Council Meetings park in the lot across the street. CITY ATTORNEY COMMENTS City Attorney Leibold noted that she too would miss Bill Tucker. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Noted his offer to the volunteer fire fighters for equipment needs; and indicated that they had requested a thermal imaging camera to aid in rescue operations. He requested consideration of funding for this request on the next City Council agenda in two weeks. 2) Indicated that Animal Friends of the Valley had contacted him regarding modification of fee schedules; and requested that it be on the agenda in either two or four weeks. Page Fourteen — City Council Minutes — February 24, 2004 3) Noted that the City Manager, Mayor and himself were revising the Municipal Code regarding the Public Safety Commission. He indicated that work was completed and ready to come back to the full Council; and requested that it be at the earliest meeting possible for comments and appointments. 4) Indicated that he would like to bring forward the vacancy on the Nuisance Abatement Committee for appointment. 5) Indicated that the Mayor had set up a Committee for Country Club Heights, but he was not sure when staff would bring it forward. He suggested that it be on the agenda in four weeks, but left that decision to staff and the Mayor. 6) Requested an informational item on the next agenda regarding the status of the MSHCP. N. 7) Advised Ms. Graver that he would make every effort to be at the rally early in the day, but he already had a family obligation. 8) Commented that Bill Tucker, "Whiskers" was a unique and valued character in the community, who made a difference as the unofficial ambassador for the Lake, and by promoting fishing derbies for the youth. He indicated that he gave unselfishly of himself so others could discover the Lake, the community and fishing. Councilman Schiffner commented on the following: 1) Concurred with the future agenda items requested by Councilman Magee. 2) Noted that he was first acquainted with Whiskers, when he ran for Council eight years ago, and noted his comments at a political forum for that election. He indicated that everyone liked Whiskers and he ... ® Page Fifteen — City Council Minutes — February 24, 2004 was a lot of fun. He stressed the interest he had in the community and indicated that he would be sorely missed. Councilman Hickman commented on the following: 1) Indicated that he worked with John Meyers from the Temecula RDA; and advised that they had developed seventeen homes, and supplemented the cost. He advised that the people who had qualified for the homes were teachers, firemen and policemen. 2) Commented that Whiskers loved Lake Elsinore, the Lake, kids and fishing derbies. He suggested dedication of a fishing derby to him, as well as the July 4th Boat Parade, to show respect for Mr. Tucker. 3) Noted the recent rains and suggested Mr. Tucker was filling the Lake. Mayor Pro Tern Kelley commented on the following: 1) Congratulated Jeannine Martineau on moving up to the State School Board, and indicated that it was a feather in the hat of the community. 2) Announced that Mr. Tucker's family had indicated that services would be this Sunday at the Elsinore West Marina at 3 p.m. She indicated that the dress would be casual. She commented that Mr. Tucker was an incredible individual who thought highly of the Lake, fishing, the City and the children. She noted that the first time she met Bill he had handed her recall papers, but later took her fishing and apologized. She commented that he was quite an individual, who would be sorely missed. Councilman Hickman indicated that he would be late for the Rally on the 13tH Mayor Pro Tern Kelley noted that in -lieu of flowers for Mr. Tucker, donations could be made to Linda Tucker, P. O. Box 33, Lake Elsinore, CA, 92531. Page Sixteen — City Council Minutes — February 24, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:01 P.M. GpYIE KELLEY, MAYOR PRA TEM 9ii`fY OF LAKE ELSINORE ATTEST: VICKI KASAD, C C, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 4, 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 7:02 p.m. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY, BOARDMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Walsh, Information /Communications Manager Dennis, Public Works Manager Payne City Treasurer Weber, and City Clerk/Human Resources Director Kasad. DISCUSSION ITEM Bonds & Other Debt (F:28.1 )(X: 30.1)(X:22.1) City Manager Watenpaugh noted the planned slide presentation; and -- indicated that the complete package would be $70.50 for the copies. He introduced Administrative Services Director Pressey, CFD Consultant Page Two — City Council Study Session — March 4, 2004 Dennis Anderson, Bond Counsel Don Hunt and Bond Underwriter Tony Weatherby. Administrative Services Director Pressey indicated that the process of preparing for this study session was very informative and brought him up to speed on the financial obligations of the City and the history of the bond issuances. He explained that during the downturn in real estate the City did financial work -outs to get things back on track, and indicated that with his understanding of the obligations, the future looked very promising. He clarified that debt financing was an important part of municipal government, as it allowed for infrastructure development and the healthy growth of a community. He provided statistics on the recent bond issuances statewide and noted that there were about 60 to 70 bond issuances every day, averaging $27 million for each issuance. He commented that the investors had a choice as to what they would invest in, and stressed the importance of _ maintaining a good reputation and having a strong financial team in place. He indicated that the City has a great finance team including Rod Gunn, who could not be present at this meeting, but had been involved in conference calls much of the day; Mr. Tony Weatherby representing Hunter Southwest Securities, who serves as the underwriter; and Bond Counsel Mr. Don Hunt who makes sure all transactions are legal. He stressed that the financial team was protecting the City on new issuances to assure they were feasible for the City and the City was not left holding the bag or faced with more difficult work -outs. He indicated that the presentation would address the 1990 series A Bond issuance, which was $55 million and was known nationally, as it took about eight years to work out. Administrative Services Director Pressey indicated that he would present a powerpoint presentation of the current debt, debt management best practice used by municipalities and a history of the City's transactions, followed by a period for questions. The power point presentation included: Page Three — City Council Study Session — March 4, 2004 Slide 1 — Executive Summary of Bond Debt as of June 30, 2003, being $16,260,936 for the City which was mostly a variable rate bond; $72,587,617 for the Redevelopment and $60,375,000 for the Public Finance Authority. He explained that the RDA was mostly bonds, and stressed that the RDA exists to issue debt; because if there were no debt, there would be no tax increment revenue for the Redevelopment Agency. He advised that the PFA debt was related to Community Facilities Districts and Assessment District, because they incurred bonds secured by the land. Slide 2 — Summary of City Administered Bonds including Community Facilities District and Assessment District Bonds, noting that the land and property owners were paying this money back via a lien on the land. He stressed that they were not obligations of the City or its agencies, because they were secured by the property owners. Slide 3 — Summary of Secured Revenue Sources, Debt Service and Reserve Funds, and stressed that each entity was in compliance with the bond covenants. He noted that every year he would review the status of each year with regard to these issues. Slides 4 -5 — City Debt which included a loan of Measure A dollars payable to RCTC, a capital lease for vehicles, and Revenue Bonds in 2000 related to the Stadium. Slide 6 — History of 2000 Revenue Refunding Bonds Series A including the Bond issuances which were part of the refunding, being 1993 PFA Tax Allocation Notes Series B, 1997 Revenue Refunding Bonds and 2000 Revenue Refunding Bonds Series A. Slide 7 — Continued History of 2000 Revenue Refunding Bonds. He noted that the bonds were guaranteed via Motor Vehicle License Fees, Page Four — City Council Study Session — March 4, 2004 which were AAA rated by Standards & Poor's. He clarified that the State Controller would be directed to pay the trustee directly if the City did not pay. Slide 8 — Continued History of 200 Revenue Refunding Bonds. He explained that the bonds carried a variable rate, which was below 1% most of last year. He further explained that there would be interest only payments until 2005, with the full issuance maturing on February 1, 2032; but noted that the City planned to call certain bonds early based on the current savings from low interest rates. Slide 9 -10 — Public Financing Authority Debt. He advised that there were two types of Public Financing Authority Debt, with one being related to the Redevelopment Agency and the other related to the CFD and Assessment District bonds and noted the balances as shown. He explained that the PFA was a conduit for the financings. ._. Slide 11- 14 — PFA/RDA Debt Relationship. He clarified the relationship between the two agencies with regard to the issuance of debt. Slides 15 -16 — Redevelopment Agency Debt. He advised that there were loans payable to EVMWD, an Owner Participation Agreement for the Outlet Center, a loan payable to the County, the Disposition Development Agreement for Walmart, general fund advances over a six year period, due to struggles, and loans payable to the Public Finance Authority. Slides 17 — 18 — Sources Security Redevelopment Agency Debt Service. He explained the calculation of the base year assessed valuation, the negotiation of tax sharing agreements and the issuance of bonds to incur debt to develop the area. He further explained the 20% State set aside requirement for low and moderate income housing, the pass - through agreements with other agencies and the _ Page Five — City Council Study Session — March 4, 2004 balances available to pay the debt service. Slide 19 — Projects Funded by the RDA Debt. He detailed the projects including the Outflow Channel, Bridges over the Outflow Channel, Temporary Boat Ramp, Collier Avenue, Main Street and the Stadium, and noted the difficulty in isolating the debt attributable to each project. Slide 20 - Graph of RDA Debt History from 1990 to 2003. Slide 21 — Chart detailing Agency Debt from fiscal year 1989/90 to 2002/03. Slide 22 — Debt Issues in 1992. He noted that part of this was used to start the Stadium, but the scope of the project later increased. Slide 23 — 24 — Chart depicting Redevelopment Agency Debt and the Performance of the Tax Increment, Debt Service and coverage ratios for the Housing Set -Aside Fund, and Project Areas 1 through 3. He noted the Project Area I had its struggles, but was very healthy as of 2003. He further noted that Project Area II was the healthiest Project Area, but they would all grow as the City moved forward. Slides 25 -27 —Assessment Districts and Community Facilities Districts. He detailed the five existing Assessment Districts, each having related bond issuances. He further detailed the nine existing Community Facilities Districts and their related bond issuances. He explained the purchase of bonds and the repayment of the principle and interest to the bond holders. Slide 28 — Risk to the City. He stressed that the bonds were issued by the PFA and were not obligations of the City. He further stressed that there was a requirement of full disclosure when the bonds were sold. Page Six — City Council Study Session — March 4, 2004 Slide 29- 33 —Special District Administration. Administrative Services Director Pressey indicated that Dennis Anderson of Harris & Associates was the District Administrator. Mr. Anderson commented on the role of the Special District Administrators to calculate the special tax levies and assessments each year; and make sure there is enough to cover the debt service payments for each year. He indicated that they also monitored delinquencies as part of their annual report; and prepared pay -off quotes when requested. He advised that over the last five years, the delinquency rates had been significantly reduced due to development and detailed the status of the CFD's. Administrative Services Director Pressey stressed that administering the district was very important in the case of CFD's and Assessment Districts. He further stressed that the City was following procedures, and making sure that the fiduciary responsibilities were being fulfilled. He noted the requirement for annual disclosures on each bond, and explained that the investors _. were interested in monitoring the debt and receiving reports. He advised that there was also a requirement for an annual independent audit report to confirm the principle and interest payments on each debt, confirm the balance of the debt outstanding and confirm the balance of the assets held. Bond Counsel Don Hunt explained the 1990 series of bonds issued by the Public Finance Authority; in the amount of $55 million, for CFD's. He clarified that at that time, none of the current financial team were involved; but were brought in to deal with the problems that issuance created. He explained that at that time all of the districts were pooled, as there was some uncertainty as to which districts would be purchased by the bonds. He commented that as a result of the problems, the previous bond underwriter was investigated by the Securities and Exchange Commission, the Department of Corporations and the Internal Revenue Service; and was no longer in business. He noted that there was a similar story in many California cities at that time, as the prior issuances were based on very aggressive assumptions of growth. He further noted that the 1990's did not _ _ Page Seven — City Council Study Session — March 4, 2004 have strong growth and the general area was hard hit; so by 1995, the bond issue was headed for default, so the City loaned the districts $500,000 to keep from going into default. Unfortunately in 1996, the issuance did default; so in 1996 -97, the current finance team began working on restructuring the 1990 issue, which took eight years to refinance. He noted that only one district remained that was not performing strongly, and the debt was held by the PFA. He indicated that there were no delinquent or defaulted bonds in the City of Lake Elsinore, all bonds were performing and had adequate sources of payment to continue to perform. He stressed that the City had adopted a plan in 1996 and followed the plan to its completion, so all of the issuances were performing strongly, current and in full compliance. Underwriter Toney Weatherby addressed the issues of marketing bonds in Lake Elsinore, starting in 1997. He indicated that marketing the bonds for the refunding was a difficult situation which required a lot of planning, explaining and marketing efforts. He noted that each issuance since 1997 had been difficult, but each was getting a little easier; and the latest issue for the Canyon Hills Development had no penalty associated with the issuance of prior debt and the City had mostly recovered from the liability of the events in 1990. Administrative Services Director Pressey commented that it looked like the City was in a similar position to that of 1990, with healthy growth and construction underway. He stressed that the City had come through a lot and a lot of homes had been built; and noted that Summerhill would not have been built without the restructuring efforts. He indicated that looking forward, the City had a lot going for it, and strategically all of the debt issuances make sense and future ones would not be issued, unless there was an underlying source to pay for them. He noted the additional material provided to the Council including a summary of each debt since 1990, a sample official statement and an example of ongoing disclosures and fiscal agent statements. Page Eight — City Council Study Session — March 4, 2004 Mr. Arnold inquired with respect to the slides and the emphasis that there were not underlying obligations to the City; but there was a point when the land was about to default and the City made the payment to avoid the default. He questioned at what point that would become the risk of the bond holders and people who bought the homes, to pay back the money. Bond Counsel Hunt indicated that the obligation was always secured by the real property, but the City stepped up with a loan, in hopes that the foreclosures would occur in time to bring the bonds current. He stressed that the City did not have a legal liability and did not have sufficient resources to make the debt payment; and explained that there was no development going on at that time in the City or the surrounding area. He further explained that the City made the decision that it could not make all of the payments, but wanted to keep the bonds from going into default. Underwriter Weatherby further explained that the City was not liable, but had some responsibility to protect the bonds with the City's name on them. He indicated that much of the benefit from the bonds, was only possible by curing the defaults in the specific areas. Edith Stafford indicated that she was disturbed about the bond situations, specifically the one with Friedman homes, where the public was told that the City had not obligation, but when it failed the City picked it up to protect the City's credit. She questioned the truth of the matter, noting if there was no obligation there should be no reason to bail it out. Bond Counsel Hunt clarified that there was no legal liability to advance the money to prevent the default, but there was a legal liability to take every step possible to protect the bond holders and assure they were paid. He indicated that they were repaid in full on the last leg of the restructuring. Mr. Weatherby compared the situation to the financing associated with the purchase of a home; while there was no liability to repay a mortgage, as it is secured by the value of the house. However, if the payments stop, there will be a foreclosure; so there is an incentive to make payments to protect the investment. A gentleman in the audience inquired how much of the Stadium debt was _. Page Nine — City Council Study Session — March 4, 2004 held by the Redevelopment Agency. Administrative Services Director Pressey indicated that at this point the amount was $15,600,000, with a lease agreement, where the Stadium has lease payments made by the Finance Authority, with the City paying the authority and the authority paying the debt. He explained that the Recreation Authority was a joint agreement between the RDA and the City. The gentleman suggested that the Stadium cost a lot more than the $15,600,000 when it was built. City Manager Watenpaugh clarified that there were RDA funds in the bank when the Stadium was built. Bond Counsel Hunt indicated that additionally one of the 1992 notes issued was for the Stadium. Mayor Buckley indicated that there was about $12 million in RDA funds spent and $15 million borrowed to cover the costs and refinancing, so the total was about $27 million. City Manager Watenpaugh indicated it was about $22 million when it was done. Bond Counsel Hunt clarified that there were some debt balloon payments which needed to be refinanced. The gentleman in the audience requested clarification that the only liability for the City was to pay the $500,000 payment; so if a homeowner were to default now, the remedy would be to foreclose on the property. He questioned the decision to pay the $500,000. Bond Counsel Hunt clarified that the property was in bankruptcy at the time, but then the foreclosure proceeded. The gentleman further questioned the foreclosure. City Manager Watenpaugh explained that the foreclosure was on the entire site. Mr. Weatherby noted that in every case, the new landowners ultimately developed the sites. A gentleman in the audience questioned the refunding /refinancing in 1999 for his CFD into the series H bonds. He questioned the justification for rolling the cost of the bonds for multiple CFD's into CFD 98 -1. He suggested that the work out meant the homeowners incurred higher payments. He indicated that the City's financial statements showed a gain, but for the citizens it was a loss. He questioned why the costs were not spread over all of the districts, and how it was believed to be a good deal. Bond Counsel Hunt clarified that the costs were not all allocated to one Page Ten — City Council Study Session — March 4, 2004 issuance, but three separate bond issues starting in 1997, with each taking care of a piece of the problem. City Manager Watenpaugh explained the City's fiduciary responsibility was to the bond holder. Bond Counsel Hunt indicated that when the bonds were issued, the agreement set forth the legal responsibility of the bond holders, and the City is obligated to follow procedures. City Manager Watenpaugh indicated that when an organization goes through a default and work out, if the result is not positive, nothing gets built. Bond Counsel Hunt clarified the default, and noted that in this case a payment was never made since the bonds were issued in 1990. Mr. Weatherby indicated that North Lake Elsinore was freed up to be developed with a viable plan, but without the restructuring it would not be free to develop. A gentleman in the audience addressed the work out, and indicated that the result for his CFD 98 -1, was that the group of homeowners needed to pay about $25 million more than they would have before the work out. He questioned why the Marks -Roos requirements for significant financial benefit would not apply in this case. Bond Counsel Hunt indicated that the original issue had been done aggressively, and was not the structure that would be used for CFD financing now. He explained that the City had a policy in place since 1996 regarding land based obligations of CFD's and Assessment Districts. He stressed that the same type of program that was done in 1990 would not be allowed, as each district is required to be in a stand -alone pool. He stressed that the pool was part of the program, and Marks -Roos was not used in the restructure. City Manager Watenpaugh noted that efforts were underway to find sources of funds to reduce the debt on that CFD, which was mentioned at the meeting with the CFD 98 -1 property owners. He indicated that there was no guarantee, but it might be possible through the work out. He noted that this matter would be back to Council very soon. A lady in the audience questioned the foreclosure, noting that the property transferred to Abaccy Holding Corporation. She inquired if there was any Page Eleven — City Council Study Session — March 4, 2004 type of revenue received from the sale of the land. She suggested the revenue from the property could pay the bond holders, but it seemed like a step was skipped. Bond Counsel Hunt indicated that the intent was to sell to the highest bidder, but it was difficult to sell this property when there were no bidders. He stressed that the City took an aggressive stand to find someone interested in developing, but most found that it would be more expensive to develop the properties. He indicated that the Abaccy payment, up front, was $2.9 million, which went to the trustee for debt payment on the bonds. He stressed that the City tried to get as much out of the restructuring as possible. City Manager Watenpaugh stressed that it was much less than par; and the bondholders /trustees forgave a large part of the penalties and interest. Bond Counsel Hunt stressed that the bondholders were impacted as well; and indicated that in 1997, about $15 million in bonds were repurchased at an average price of 62 %, with the balance being a loss to the bond holders. Chris Hyland questioned what Abaccy paid in the foreclosure. City Manager Watenpaugh indicated that it was close to $2.9 million, but he could get the exact number. Mrs. Hyland questioned the price per lot. City Manager Watenpaugh indicated he was not certain of that information, but 27 lots were taken out with some 400 lots in the balance. Mr. Anderson indicated that there were 425 residential lots in addition to commercial lots. Mrs. Hyland commented that at the time it was a very small amount of money. Bond Counsel Hunt indicated that the $2.9 million was the only buyer the City could find that was even interested. Councilman Hickman suggested that the amount was about $7,250 per pad. Mayor Pro Tem Kelley indicated that there were back taxes as well as infrastructure included. A lady in the audience noted that it sold for $2.9 million, and inquired if it applied to the principle in any way, or if it was only penalties and interest. Bond Counsel Hunt indicated that all of the money went to pay principle and interest on the bonds, because the City was working with the trustee and bondholders committee, and they approved the sale at the suggested price. Page 'Twelve — City Council Study Session — March 4, 2004 He stressed that the committee participated in the process and approved the sale as the best price they could obtain. City Manager Watenpaugh stressed that the trustees and bond holders had the final say in the sale. The lady further questioned the $2.9 million to the City. City Manager Watenpaugh indicated that the money came through the City and went straight to the trustee. The lady inquired why the initial amount was refunded. Bond Counsel Hunt indicated that the property had not made a single payment after the capitalized funds ran out, so there was accrued interest and penalties. He clarified that it was due to the failure of the Abaccy and Elsinore Hills districts, which depleted the reserve fund. Mr. Arnold inquired with respect to the details of the refinancing, noting that an entry showed reimbursement to developers of about $2.1 million. Bond Counsel Hunt indicated that the entry mentioned was with the workout for Abaccy; as there were several millions of additional infrastructure improvements to b e provided so they refunded as much as —. could be advanced. He noted that at the time of renegotiation with Abaccy, they agreed to take the $2.1 million and forgive the remaining balance from the bond issues, and they were entitled to a portion of the infrastructure cost reimbursement. He advised that they did not get anything near what they had advanced. He reiterated that at the time there was no one else interested in the property. City Treasurer Weber noted the 2003 H Bond underwriter costs. Mr. Weatherby compared the costs to those of a home loan, where there were two fees being the origination costs which deal with the cost of putting the loan together, and the other cost being the points that are paid. He clarified that points were part of the interest rate to the people who buy the bonds. . City Treasurer Weber questioned the $789,000 for the final bill. Mr. Weatherby indicated that was the final compensation for purchasing the bonds and noted that the underwriter takes the responsibility of selling the bonds. He stressed that if the issuance had not closed, it would have been a disaster for the restructuring plan. He further stressed the difficulty of Page Thirteen — City Council Study Session — March 4, 2004 selling Issue H, as they were only able to sell less than $10 million of the $33 million issuance, but they decided to underwrite the issuance and take the risk of advancing the money. He noted that it turned out that part of the reason it was difficult to sell those bonds was that many of the potential buyers had lost in prior Lake Elsinore issues, so they were not ready to come to the table and loose more money. He reiterated that many were not willing to commit to buying the bonds. He stressed the risk for loses the underwriter took. City Treasurer Weber thanked everyone for being present and for the RDA debt representation. He indicated that Chapter 5 of the material regarding CFD's was really good. He highlighted the past bond issuances and indicated that the final amount owed on the 1990 bonds was about $16,955,000 or a total reduction of about $1 million. He inquired if this reduction was good financial management, or just fixing the previous bad management. Bond Counsel Hunt reiterated that a lot of work in the early 1990's was done on aggressive assumptions of development and growth that did not occur; and stressed that it was not financing the current team would have recommended or done. He indicated that only paying down $1 million was not a wise way to structure, but it was the best the Agency could do during that period. City Treasurer Weber questioned the potential for reissuing the 1999 issue. Mr. Hunt indicated that there were no plans for that at this time. City Treasurer Weber noted that it would be six or seven years before the larger payments were due and the refinancing would start. Mr. Hunt indicated that there was no refinancing scheduled or contemplated because all of the revenue sources were in place, stable and adequate to cover the outstanding debt. He indicated that it should only be refinanced if there was a savings with better interest rates. City Treasurer Weber commented that the 1999 series was sound, but expressed concern with the bigger payments which _ would be starting soon. Mr. Hunt indicated that the increment was increasing nicely and it should not be a problem. Page Fourteen — City Council Study Session — March 4, 2004 City Treasurer Weber questioned the 1996 Series E Bonds for City Center, and suggested that it might have been better to take a loan, as it was a small amount of Bonds for a CFD. Mr. Hunt indicated that the developers found it to be a more attractive form of financing. City Treasurer Weber noted that there would be a bond for the apartment complex. Mr. Hunt indicated that the developer did not have Mello Roos available, so they would have to fund it out -of- pocket and would need to raise the prices. City Treasurer Weber noted that the tax increment cost twice as much after 30 years. Mr. Hunt clarified that there was always the ability to prepay at the close of escrow or during the life of the ownership of the property. He noted that a lot of people needed this arrangement to qualify for financing. He indicated that most people did not prepay. City Treasurer Weber noted that banks looked at the entire package. Mr. Hunt indicated that they did not take this type of financing into account when calculating someone's ability to pay. Mr. Weatherby noted that in the early days of Mello-Roos, homeowners did not have the right to prepay special tax obligations, but that has not been the _. case for several years. He indicated that experience showed that virtually no one paid more to reduce their future tax allocation. He addressed the Canyon Hills issuance, noting that the 30 year fixed rate was 5.82 %, and the home rates were attractive, so it was still very attractive for 30 year permanent financing. He commented that it was a pretty effective way to pay it as part of the purchase of the home. City Treasurer Weber inquired who did the reports to go to the investors. Administrative Services Director Pressey indicated that the annual disclosure was done by Rod Gunn Associates. City Treasurer Weber suggested that this meant Mr. Gunn was checking his own work. Administrative Services Director Pressey clarified that the fiscal agent statement was issued by Union Bank of California. City Treasurer Weber inquired if the report was sent out to the homeowners, so they could see where their money was going, suggesting it was not a tax, but a loan. Administrative Services Director Pressey indicated that he was not aware of annual reporting to the homeowners. Bond Counsel Hunt indicated that no City in the State sent out an annual notice; but when property was purchased they were provided information on the special tax and its maximum potential cost. He further indicated that otherwise they _. Page Fifteen — City Council Study Session — March 4, 2004 received an annual tax bill with the actual tax for the district for the year. He commented that every City in the State did it the same way. City Treasurer Weber inquired if there was an audit with regard to refinancing. Mr. Hunt indicated that the City Auditors review the information annually on each and every bond issue, for sources and uses of bonds, etc., as part of the annual audit. Councilman Hickman noted the need for a correction on page 3.25, City Council, as he was not the Mayor Pro Tem as designated. He addressed the RDA Section on Page 4 -3, with the computation of 10 pages. He inquired if the Council would see just the current one in the future. Mr. Pressey confirmed. Councilman Hickman requested that future reports include more identification than just the bond series. Councilman Hickman addressed pass - throughs on page 4 -27 of the redevelopment information; noting that there was the County, Flood Control, EVMWD, Cemetery District, etc. He questioned if they received a percentage of the increment. Mr. Hunt explained that previously State law allowed for a challenge of the adoption of a redevelopment plan based on the financial impact, so Agencies were allowed to negotiate with the project area for some share of the increment. Mr. Hunt indicated that it was for all of the taxing agencies that get a portion of the general property tax. Councilman Hickman inquired if the pass - throughs could be eliminated when the areas were renegotiated. Mr. Hunt clarified that the existing agreements would remain in place, as they were negotiated many years ago. Councilman Hickman indicated that he was attempting to save money for the RDA. Mr. Hunt clarified that the pass - throughs were now statutory, with set formulas. Councilman Hickman questioned page 4.33, table No. 10, and if it was a duplication of 4.30. Administrative Services Director Pressey confirmed that it was the same table, but clarified that it was for a different project area. Councilman Hickman indicated that the information was very interesting and requested that the RDA committee get the complete section on the RDA, to allow them to plan for future growth. City Manager Watenpaugh indicated that staff would share the complete breakout in April. Councilman Hickman questioned page 4.30, section no. 2 regarding the cap Page Sixteen — City Council Study Session — March 4, 2004 of $8 million, and indicated that it was imperative that the cap be raised. He indicated that the RDA Committee needed to work on that, and give consideration to Area 2 with an $8 million cap. He noted the potential for Increases. City Attorney Leibold indicated that the cap in Area 2 was much higher than $8 million annually; and clarified the amount discussed was under the pass- through. Mr. Weatherby clarified the cap and debt service, noting that in 2033, the Agency would have twice the money needed to pay the debt service. Councilman Hickman stressed that he wanted a higher cap to keep money in the City's pockets. City Treasurer Weber addressed page 4 -2, Rancho Laguna III and questioned what was being done to fix it. Administrative Services Director Pressey indicated that it was fine, but they were the struggling project area; noting that in 2003, they had a coverage ratio of .1.11, but were on track to becoming healthy. Councilman Hickman indicated that he was anxious to see the advances payable from the general fund to the RDA. He indicated that he would follow that process very closely and look at administration costs very carefully. City Attorney Leibold noted that tables 7 and 10 should be checked as there seemed to be some duplication. Councilman Hickman questioned how the funding would be protected in the future. Mr. Hunt noted the City's finance policy today vs. the old days when they allowed very large projects to issue all of the bonds up front for the entire project. He stressed that the current policies would not allow for a District to be processed until the property owner had the entitlements. He noted that in the past the bonds were issued before the entitlement process; but no grading had to be underway and construction either imminent or underway. He further noted that it was generally done in much smaller increments. Councilman Hickman questioned the distinction between a CFD and an Assessment District. Mr. Hunt indicated that they were established under completely different statutes. He explained that Assessment Districts were under the 1913 act, which was fairly rigid based on the per lot division of the total amount; and noted that they were designed for very small projects or infill projects, and based on the actual benefit, as determined by an ..., Page Seventeen — City Council Study Session — March 4, 2004 engineer. He indicated that CFD's provided more flexibility. Councilman Hickman noted that the CFD was determined by Harris & Associates as the engineer, and inquired if it was related to the specific plan. Mr. Anderson explained the rate and method of taxation, and the current policy which requires a 3 to 1 ratio of value to property. Councilman Hickman inquired if there were slush funds in the CFD's. Mr. Anderson indicated that there were not slush funds in a CFD, and further clarified the appraisals and process. Mayor Buckley requested clarification that there would be no formations until it was known what would be built. Mr. Anderson confirmed that there would need to be a review of the materials presented. Mayor Buckley inquired when the engineers would look at a project. Mr. Anderson indicated that they would generally look at during the tentative map process. Bond Counsel Hunt noted that in addition to the appraisal, they would look at reasonable costs to be sure there is an absorption review vs. the value of the property. He stressed that there were a number of safeguards. Mr. Weatherby clarified that with the rate and apportionment, it was important to have the final maps for processing, and noted that even final maps can expire or be modified. He indicated that it was important to look at the planned development or anything which could occur on the site. Mayor Buckley clarified that the CFD would not be set up until there was an approved map. City Manager Watenpaugh indicated that the Council had done so. Mr. Hunt confirmed that they might if they had a development agreement that was pre- approved. Mayor Buckley questioned if development agreements had requirements for formation of a CFD, why they would go into the details of a CFD if they did not know what would be built. Mr. Weatherby indicated that they evaluated each issuance on its own merits; but every property considered had some level of entitlement. He clarified that the current methodology was to do the issues much later in the development process. He stressed the importance of looking at the big picture and the potential benefits for the community. Mayor Buckley inquired in general if consideration of a CFD prior to any map would be back - sided. Mr. Weatherby indicated that they would not look at a CFD Page Eighteen — City Council Study Session — March 4, 2004 without any maps or plans for a project. City Treasurer Weber inquired how many CFD's would be considered this year. City Manager Watenpaugh indicated that there were a few in the works right now. Mr. Weatherby indicated that he doubted there would be Canyon Hills deals this year. City Manager Watenpaugh indicated that he foresaw Costco, DEH, Laing Homes, Corman -Leigh and the City Center Townhomes. Councilman Hickman stressed he wanted to make sure the RDA committee got the information, noting that the new cap was his number one priority. Councilman Schiffner commended Administrative Services Director Pressey on his work, noting that he came to the City with an illustrious background, but had only been here a short time. He indicated that he was impressed by the specific knowledge he had gained on the City's financing to date. He commended him on his efforts. Councilman Magee also commended Mr. Pressey on his work on the _. material presented, noting that it was very thorough and comprehensive. He noted the availability of the document at City Hall and distribution to the RDA committee, and suggested making it available for review at the library. He indicated that he could also make his copy available for review, if it was returned. He indicated that it was very enlightening, but noted that he had a few questions. He addressed page 4 -3 and indicated that if he was to understand that everything on that page had been retired. Mr. Pressey confirmed, except for the 1995 bond series; and noted that the current outstanding debt was of the PFA and RDA. Councilman Magee addressed the bottom of page 4 -6 regarding the DDA for Camelot, noting that he saw the number $93,750 four times. Mr. Pressey explained that the DDA agreement was for the developer to incur costs in developing the K -Mart site and as a reimbursement the Agency agreed to pay them a set amount, similar to the Walmart arrangement over a certain threshold. He further explained that those were actual payments, based on audited financial statements. Councilman Magee clarified that the RDA was paying the $93,000 per year for the infrastructure they put in. Mr. Pressey confirmed. City Attorney Leibold clarified that the agreement had been terminated and Page Nineteen — City Council Study Session — March 4, 2004 the Agency had stopped making payments when the owner was in default. Councilman Magee addressed page 4 -8, noting six different entries for advances payable - general fund. Mr. Pressey explained that the general funds had been advanced each year after approval by the Council. He explained that in general the RDA needed the funds to make the debt services obligations. Councilman Magee inquired if those funds were to be paid back. Mr. Pressey confirmed. Councilman Magee addressed page 4- 16, noting that the Chairman information should be corrected. Mr. Pressey confirmed, noting that it was part of the 1995 issuance. Councilman Magee questioned page 5 -22 and the developer listed in CFD 88 -3, noting that Forecast Homes showed a significant delinquency rate. Mr. Pressey confirmed the delinquency rate. Mr. Anderson clarified the developer column vs. the private property ownership, noting that the majority was from private property owners last year. Councilman Magee questioned if the property owners were notified of delinquencies. Mr. Anderson indicated that there were reminder letters to the individual property owners as well as Forecast Homes. Councilman Magee expressed hopes that the number of delinquencies would go down. Councilman Hickman addressed the CFD delinquency rate in Tuscany Hills, and expressed concerns about the future and suggested slowing the process down a bit. Mr. Anderson concurred that was a factor to consider. Councilman Magee noted page 5 -30, regarding CFD 95 -1, Oak Grove Equities and commented that there was no delinquency rate and it was fully paid back. He indicated that was work done correctly. He addressed page 5 -39 and indicated that the breakdown of service providers was a very effective tool and a good addition to the document. He pointed out the chart of delinquency rates on page 5 -52, noting that the delinquency rate for 2002/03 was 1.0% and commented that he felt good about that low rate. He thanked staff for their efforts on this comprehensive presentation and commented that it should have been done earlier. He suggested that people could glean a lot of information from the document, and indicated that he Page Twenty — City Council Study Session — March 4, 2004 would like staff to use this presentation as a base to be updated and added to in the future. Mayor Pro Tem Kelley thanked everyone involved and particularly Administrative Services Director Pressey for this presentation. She commented to Mr. Hunt that the work out with the financial team actually started after events nearly 14 years ago. She stressed that none of that Council was still involved, nor involved in the work out. She reiterated the I% delinquency rate, and noted that the valuation of land had increased by 25 %. She addressed the comments by Mr. Arnold regarding concerns with CFD 90 -1 and inquired into the timing of potential solutions. Mr. Hunt indicated that the potential assistance would occur when the final bond restructuring phase was complete. He indicated that only one district was in default, but it carried no bonds; and explained that the intent on the North Lake Elsinore part of the pool, would be to turn it around with a developer, so the money could go to reduce the liabilities of 98 -1. He commented that _. it would be a Council decision, but the money would not be obligated for any other purpose. Mayor Pro Tem Kelley inquired of the residents if they had gone back and looked at their documents to find out if the information was included. Mr. Arnold indicated that they went through the documents and interviewed 150 residents, and very few were aware of the district. He noted that they found various factors in their packets, but not all of them included enough to calculate the tax. He further indicated that second buyers of homes were only aware of 90 -11, when they got 98 -1; and suggested it should have shown up in the title search. Mayor Pro Tem Kelley noted that the City was not responsible for it not being in the title report. She addressed the circumstances of that district and reiterated that there were no other interested buyers for the property. She inquired if there were other options at that time. Mr. Hunt indicated that the options were to do nothing, or institute foreclosure. He further indicated that they brought it up periodically for foreclosure sale, and noted the impacts on the RDA and the ability to develop. Mayor Pro Tem Kelley noted that the Council took _ action to get the property back on the tax rolls, per the advise of the finance team. She questioned the 20% set - aside, and what was owed to that fund. Page Twenty -One — City Council Study Session — March 4, 2004 Administrative Services Director Pressey indicated that he was not certain, but believed about $3 million, or more. City Attorney Leibold indicated that her recollection was that the debt was between $7 and $8 million to the housing fund. She explained that the money had accrued because the money was deposited, but those funds were secured and expended to cover debt service. Mayor Pro Tern Kelley thanked the financial team for working the City out of situations from 14 years ago. Councilman Schiffner noted that a friend of his lived in the development of concern and was upset about the taxes, however he said the equity in his house had gone up $200,000 in the same period of time. Mayor Buckley thanked everyone for attending this meeting and addressed the set - aside. He indicated that he did not see the set -aside in the RDA debt. Administrative Services Director Pressey indicated that it was not summarized in this packet, as he had not analyzed the split between project areas and who owed what. Mayor Buckley suggested that the debt was close to $80 million, if the debt to self was included. City Attorney Leibold clarified what would be recognized as debt. Mayor Buckley questioned if Walmart were to close would the City still pay them money. City Manager Watenpaugh clarified that Walmart is reimbursed out of the revenue they generate. Mayor Buckley inquired why there was not a list of specific money owed them. City Manager Watenpaugh clarified that the City knew how much was owed to them, but the agreement would terminate in 10 to 15 years, and at that time if they are not fully paid, the balance would be forgiven. City Attorney Leibold clarified the RDA debt from tax increment. Mayor Buckley commented that the structure was significantly different now, as there is not set amount. Administrative Services Director Pressey clarified that there was about a $2.2 million loan from Walmart and $2.2 from Oak Grove, for a 20 year commitment; so the obligation would end at the 20" year. He explained the payment schedule and the calculation for each year. Mayor Buckley addressed the RDA owing money to the City and suggested it was about $9 million. Staff confirmed. Mayor Buckley commented that it was 1/3 rd interest and fees, and inquired if it assisted the Page Twenty-Two — City Council Study Session — March 4, 2004 City to charge interest and fees, other than showing it as a growing asset. City Attorney Leibold indicated that it depended on the terms, and when or if the City is demanding payment. She reiterated that if the RDA had no debt, it would collect no increment. She indicated that if the City believed that it was better to incur debt and spend it on other project, it would defer payment, but interest would still accrue. Mayor Buckley noted the 2002- 03 fiscal year and the amount of $900,000, he suggested that the related interest and fees was something that should be looked at in the near future. He questioned if the Summerhill residents paid for more than the infrastructure in Summerhill. Mr. Hunt indicated that to his knowledge they did not, but the previous property owner had not paid their share on the 1990 bonds, so those additional costs had to be paid as part of the restructure. Mayor Buckley questioned how much of the $2.9 million was saved in the restructure. Mr. Hunt clarified that the bondholders and trustees believed it was the best deal to sell the property at the proposed price. Mayor Buckley questioned if the money went to pay the debt. Mr. -- Hunt clarified that it went to debt service, and explained the outstanding debt and the portion of the reserve fund that was drawn down. Mayor Buckley clarified that no other City provided information on an annual basis, so on Summerhill, Lake Elsinore was the first City to advise them annually. He noted that the CFD's were relatively complex, somewhat misunderstood and relatively undisclosed; and commented that everyone needed to know what was going on. Mayor Buckley questioned CFD financing on pages 12 and 13, noting that very little principle had been paid on either area. He stressed that at some point principle had to be paid, and questioned plans to pay more on the principle. Mr. Weatherby addressed the slide regarding the Canyon Hills Assessment District and explained the history of that issue. He indicated that the builder had advanced the funding for Railroad Canyon Road. He explained that in 1992 when the issue started the property was appraised at $54 million, but in 1993, the property was reappraised and had dropped in value by 50 %, so at that point the land owner decided to sell to regular investors. At that time $9 million in bonds were sold to Pardee Construction for warehousing, which were restricted so they could not sell the bonds until there was an increase in the value and the • oo Page Twenty -Three — City Council Study Session — March 4, 2004 property was developed. He noted that there was no reserve fund for the bonds that were sold internally, but when the bonds were refunded, the reserve was reinstituted and the bond schedule went up. Mayor Buckley addressed the CFD 88 -3 Series B bonds, noting the principle had never been touched. Mr. Hunt explained that it was starting now, as when the projects were restructured it had not been built out, and a lot of the issues had no amortization plans. Administrative Services Director Pressey noted pages 3 -34 and 3 -35, which were amortization schedules, which showed the first principle payment in 2006. Mayor Buckley inquired if the expectation that there would be enough money to cover the debt service', without using the 20% set -aside for debt service. Administrative Services Director Pressey suggested this explanation was best left to the budget study session, when the whole budget for next year was known. Mayor Buckley thanked everyone for attending, and noted that the meeting was helpful and informative. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 9:56 P.M. THOMAS"BUCKLE , AYOR CITY OF LAKE- SINORE ATTEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 9, 2004 CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Public Works Manager Payne and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there were two items for closed session. 1. Real Property Negotiations with properties involved in the Wasson Canyon Investments Agreement; participating parties were Wasson Canyon Investments, Southshore, and City of Lake Elsinore. 2. Anticipated litigation under section 54956.9 (1 case). PAGE TWO -STUDY SESSION -MARCH 9, 2004 Consent Calendar 1. Minutes — Councilman Magee commented on Item 1 d page 4 of 16 that Donna Lucas indicated she had a petition that had been signed by 80% of the merchants, noting they had a different vision for the downtown district. He inquired about the whereabouts of that petition. City Manager Watenpaugh commented that the petition had not been presented to the City Manager's Office and asked Deputy City Clerk Ray if it had been presented to the City Clerk's Office. Deputy City Clerk Ray commented he would follow up with the City Clerk. Councilman Magee noted that the minutes stated clearly she indicated she had a petition and he did not remember her saying those words exactly. So he marveled if the minutes were recorded correctly or if she had misspoken, but if there was a petition it needed to be given to the Council. Councilman Schiffner agreed with Councilman Magee that if there was a petition it needed to be presented to Council. City Manager Watenpaugh commented that Staff would review the audio tape of the minutes and if there was a petition, staff would request it from Mrs. Lucas. 2. Warrant List — Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification on check #76814 issued from Item No. 2, the Warrant List. Staff clarified the check in question. He also inquired about a settlement with Mr. Molendyk (former City Manager), noting that he had not seen that check. City Manager Watenpaugh commented that the check had been issued to the PAGE THREE -STUDY SESSION -MARCH 9, 2004 City and Staff had provided copies for individuals that had requested copies of the check. Councilman Magee informed Staff that he would like a copy of that check. City Manager Watenpaugh indicated a copy would be provided to Councilman Magee. Mayor Buckley requested clarification on check #76803 issued from Item No. 2, the Warrant List. Staff clarified the check in question. 3. Investment Report- January, 2004 — No comments. 4. Resolution No. 2004 -15 — Supporting the United States Troops & Commander -in- Chief. No comments. 5. Deposit & Reimbursement Agreement between the City and Laing -CP Lake Elsinore, LLC. No comments. 6. Bid Award for Motor Control Centers — Brewster Electric - $65,292. Mayor Buckley asked if the price was in the ball park of what Staff had wanted. Lake & Aquatic Resources Director Kilroy confirmed it was in range. Councilman Hickman inquired regarding the budget for the Lake Project. Lake & Aquatic Resources Director Kilroy indicated the total budget was $1.2 million for reimbursement and the City had accumulated $850,000, in expenses. PAGE FOUR -STUDY SESSION -MARCH 9, 2004 Councilman Magee inquired on an estimated time of deliver for this item. Lake & Aquatic Resources Director Kilroy explained that the axial flow pump module frames would probably be completed by March 19, 2004, after the frames were completed they would need to conduct a test of the floats, the decking, and the gear box pump; which should be available by mid April. The submarine power cables will be delivered in mid - April. He indicated there may be a delay due to the shop drawing which was not exactly correct on the docking stations, so two weeks were lost on that issue, and the estimated operation time was the end of June 2004. 7. Service Agreement for Pest Control of City Facilities — Robbins Pest Management $2,640 /year. City Manager Watenpaugh inquired if Morton Pest Control would be attending the 7:00 p.m. Council Meeting. Public Works Manager Payne indicated he was not sure, but Mr. Morton indicated to him last week that he would probably contest the low bid and he would be attending the meeting. The reason for challenge was based on his interpretation of the specifications as outlined in the staff report, page 7 of 15 (scope of work) Item 1. Mr. Payne commented that Morton Pest Control bid using a truck mounted gas sprayer. He indicated he met with the low bidder and walked the stadium, who guaranteed him he could do it for the price he bid. He would be using power spray backpack units to spray the stadium. Staff recommendation was to award the bid to Robbins Pest Control. 8. 2003/2004 Equipment Replacement Program- Tractors -Cook Equipment - $3,251.50 monthly lease. City Manager Watenpaugh deferred to Public Works Manager Payne. Public Works Manager Payne explained the equipment was for the weed abatement program. He noted there was a bid opening and three companies PAGE FIVE -STUDY SESSION -MARCH 9, 2004 submitted bid packages (Johnson Machinery, Cook Equipment, and Powerland Equipment). He noted Johnson Machinery had the lowest bid, but did not meet the specifications. Cook Equipment had the second lowest bid and they did not request any exceptions to the bid. Powerland Equipment had the third lowest bid and was requesting that Cook Equipment be disqualified based on them not meeting the bid specifications. They had four issues which Staff reviewed and felt the issues were not significant enough to disqualify the bid. Councilman Magee complimented Public Works Manager Payne on his thoroughness in reviewing this bid award. He noted he was comfortable with accepting Staff's recommendation. He inquired on the deliver time for the tractors. Public Works Manager Payne indicated the maximum deliver time was three months, but he was informed by all three bidders, that if they could locate a tractor at another dealership, the deliver time would be sooner. Mayor Pro Tern Kelley asked Public Works Manager Payne to explain the disagreement Powerland Equipment had regarding the specifications. Public Works Manager Payne indicated the four issues Powerland had were the gear range of the tractor, hydraulic system, mower, and the weight of the mower. He confirmed that these issues were insignificant. Councilman Schiffner asked if Powerland Equipment met the specifications. Public Works Manager Payne confirmed they met the specifications. Councilman Schiffner indicated that it seemed as though Powerland might have some legal grounds. City Manager Watenpaugh indicated that if Council was more comfortable — with going with a higher price that was a decision for the Council, however Staff's recommendation was the middle bid that would meet all of the requirements at a lower cost and would be much more effective and efficient PAGE SIX -STUDY SESSION -MARCH 9, 2004 then just spending the extra dollars; as there were no significant difference in terms of the performance. He also indicated that he spoke with Assistant City Attorney Mann and Community Services Director Sapp and they were comfortable with accepting the middle bid. City Attorney Leibold explained that the standard was whether or not the discrepancies were material or nonmaterial. Material variation from the specification would disqualify the bid. Nonmaterial or insignificant variations would not. It was Staffs opinion that the differences Powerland pinpointed were nonmaterial to the performance requested. Councilman Schiffner expressed his concern that Powerland would respond; and if they had bid equipment at the lower ratios, they could have bid lower. City Attorney Leibold noted there was a small variation between the prices. City Manager Watenpaugh noted that the bid specifications stipulated if there were any questions to contact the Public Works Department. 9. Bid Award — Asphalt Maintenance — Hardy & Harper - $72,000. Mayor Buckley inquired if Hardy & Harper had ever done any paving for the City in the past or if any of the other bidders had done so in the past. Public Works Manager Payne indicated that Hardy & Harper had not done any work for the City in the past, but indicated that Nelson Paving & Grading had the City's last contract and for the past two years had been performing the pavement maintenance. City Manager Watenpaugh confirmed with Public Works Manager Payne that all of the bid packages were semi - overseen by finance through the new purchasing process and reviewed by the City Attorney. Public Works Manager Payne confirmed that was correct. PAGE SEVEN -STUDY SESSION -MARCH 9, 2004 Councilman Hickman requested clarification that they would be on call for the City. Public Works Manager Payne confirmed that was correct. He explained it was on a work order basis for maintenance activities. He noted that the contract was a one year contract with the option to rebid after one year. 10. Bid Award — Contract for Curb, Gutter & Sidewalk Maintenance — NPG Corporation - $6,750. No comments. 11. Bid Award — Contract for Unpaved Road Maintenance — Hardy & Harper - $5,920. Councilman Hickman inquired if unpaved roads were the processed by grading them. Public Works Manager Payne confirmed that was correct. PUBLIC HEARING 21. Tentative Tract Map 32008 — Lakeshore Village Specific Plan — Corman Leigh Communities. No Comments. 22. Tentative Parcel Map No. 31963, "Pasadena Business Park II" — Triple J Development. Mayor Pro Tem Kelley inquired on the leases within the business park. City Manager Watenpaugh indicated that most of the spaces were leased prior to them finishing each section. 23. General Plan Amendment No. 2003 -03, Zone Change No. 1003 -02, PAGE EIGHT -STUDY SESSION -MARCH 9, 2004 Tentative Condominium Map No. 31532, Residential Design Review No. R 2003 -15 and Mitigated Negative Declaration No. 2004 -01 for the "Lake Elsinore City Center Townhomes" Phase II — Resolution No. 2004 -16 & Ordinance No. 1117. City Attorney Leibold indicated there had been ongoing discussion with the developer and their attorneys and there were a couple of outstanding issues with respect to the conditions; staff and the developer both requested a continuance to the next regularly scheduled meeting. Business Items 31. Second Reading- Ordinance No. 1115 - CFD 2003 -1 Annexations 5 and 6. No comments. 32. Request from Volunteer Fire Department — Thermal Imaging Camera. No comments. 33. Public Safety Advisory Commission — Ordinance No. 1116. Bill Titto, indicated that he had read the ordinance and wanted to inquire on the Police, Fire, and Code Enforcement. He questioned if the Code Enforcement would be the Police Department and /or Code Enforcement. He indicated that Lake Elsinore's Code Enforcement was different than other cities. City Manager Watenpaugh explained that the Mayor and Council had requested during the Public Safety Study Session that Staff include Public Safety, Police, and Fire as well as City Code Enforcement in terms of recommendations. Mr. Titto asked who would be taking care of traffic. PAGE NINE -STUDY SESSION -MARCH 9, 2004 City Manager Watenpaugh explained the traffic would be through the Police Department and parking would be through Code Enforcement. Mr. Titto indicated there were problems with speed control on Machado Street. He noted that it was low priority for the Police Department. He further indicated from Lincoln Street to Grand Avenue there were no stop signs or signals. City Manager Watenpaugh explained that the City Council held a Study Session on the issue, and appointed a subcommittee of Councilman Magee, Mayor Buckley and City Manager Watenpaugh to review the existing Municipal Code Section: He indicated Mayor Buckley and Councilman Magee had some modifications to the duties and responsibilities that would be discussed later at the evening session and subject to Council ratification of those duties it would change the existing Municipal Code and Council would appoint five members for the first term. Councilman Magee commented that hopefully the Commission would be an additional set of eyes and ears not only for Council but for the citizens to focus more attention on public safety. Councilman Hickman suggested eliminating #2 of Section 2.46.030 (membership). He did not think the owner of a business or an owner's "designee" that was establish or currently licensed within the City should be added, it should only include residents of the City. Councilman Schiffner noted that there were many business owners in the City that did not reside in the City; that had a much bigger interest in public safety than some individuals that resided in the City. He felt that it was very important to involve business owners. Councilman Hickman suggested forming a district and reiterated eliminating the business owners. Mayor Buckley commented that another issue the Commission would work on was disaster preparedness. PAGE TEN -STUDY SESSION -MARCH 9, 2004 Mayor Pro Tem Kelley noted that Lieutenant Featherolf, at a previous Study Session, made the comment that in disasters, citizen committees often became a problem for the emergency personnel and she appreciated the way Item F was written. Councilman Magee commented that he hoped the Commission would review the current procedures, in terms of disaster preparedness and if changes or additions needed to be made they could make recommendations. City Manager Watenpaugh requested clarification that under Section 2.46.030 (membership) the business owner or business owner "designee" had to be a registered voter in the City. Mayor Buckley discussed the issue with Councilmembers and agreed to remove being a registered voter in the City as a requirement. Mayor Pro Tem Kelley inquired about the background check on selected individuals. She suggested speaking with Police Chief Walsh regarding what type of background check should be done. Councilman Magee noted the importance of a background check, but questioned involving Police Chief Walsh who had indicated at a July, 2002, Council Meeting, that he did not want this Commission and did not think it was necessary. He noted he was not comfortable with doing so. He suggested including the following statement: Applicants may be subject to a background check by the local Police Department and subject to approval by the City Council. City Manager Watenpaugh suggested Council might want each applicant to submit a short resume or some type of background of their experience. He noted there was more information on the Planning Commission than on Councilmembers. He noted there was no biography on Councilmembers. .r PAGE ELEVEN -STUDY SESSION -MARCH 9, 2004 Councilman Schiffner indicated he was concerned with the Mayor selecting the Chairman and Vice Chairman. He felt those seats should be chosen by the group after they had been selected. Mayor Buckley indicated he was going to select the Chairman. Mayor Pro Tem Kelley indicated that she heard the Chairperson had already been selected before the Agenda Review. She commented that before the Council had the opportunity to consider what they were forming, she was approached and told this was already a "done deal ". She reminded everyone it was not a "done deal" until the 7 p.m. Council Meeting when three of the five members voted, but if the Chairperson had already been appointed and told they were appointed that was not a good thing for the community and that was not the way Council operated. Councilman Schiffner commented the Public Safety Commission was a permanent committee like the Planning Commission and should be handled that way. He indicated the Public Safety Commission was not a Mayor's Committee it was a permanent committee and should be handled as such. Councilman Hickman commented they would need guidance in the beginning and suggested the commission select their own Chairman after one year. Mayor Buckley indicated the point was to help get things started. Councilman Magee mentioned the membership issue, he requested adding, appointees shall be subject to a background check administered by the Lake Elsinore Police Department and approved by the City Council. 34. Mayor's Committee /Country Club Heights. Mayor Buckley commented that the February 19, 2004, Study Session for Country Club Heights went extremely well with a turnout of 219 property owners and residents of the Country Club Heights area. PAGE TWELVE -STUDY SESSION -MARCH 9, 2004 Mayor Pro Tem Kelley indicated due to the complexity of the issues in the area, she would suggest involving the same consultants since they have already studied the area. Councilman Schiffner commented that Council needed to establish what they wanted the committee to do. He further commented that Council should ask the committee what they wanted to accomplish, not how it was done; and bring it back to Council, then Staff and consultants could put together a plan that would accomplish what the residents and land owners in that area wanted. City Manager Watenpaugh indicated that Council needed to set tasks and review and extend if they wished, but Council needed to give the committee that guidance. 35. Draft Goals for City Manager. City Manager Watenpaugh indicated that he had redone the form and it was pointed out to him when he had asked Staff to retype the goals, Staff pulled one extra paragraph; he put that extra paragraph back in. He further indicated that it was a combination of Council preamble and Councilman Magee's post statement. He distributed the information to Council. Councilman Magee indicated that at some point the paragraph needed to be read into the record. 36. Status Report- Western Riverside County MSHCP. City Attorney Leibold commented that she would be giving a verbal report. She indicated there was some new information and preferred to give the report at the 7:00 p.m. Council Meeting. She noted that the City of Lake Elsinore Representative (Councilman Schiffner) was denied a vote at the RCA meeting held the day before. Councilman Schiffner confirmed he was denied the right to vote. He indicated that particular board was the board which made the decision in PAGE THIRTEEN -STUDY SESSION -MARCH 9, 2004 accepting the City's exception to the MSHCP. He indicated they had not given it any consideration and had not answered any correspondence from the City. He noted that the City was considered nonconforming at this time. Councilman Magee inquired if all members of the Board of Supervisors were at the meeting. Councilman Schiffner confirmed they were all present. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. BUSINESS ITEMS No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY MEETING WAS ADJOURNED AT 5:15 P.M. THOMA-9 B!EY, MAYOR CITY OF L E ELSINORE PAGE FOURTEEN -STUDY SESSION -MARCH 9, 2004 DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY Respectfully submitted, rederick Ray, D puty City Clerk ATTEST: VICKI KA AD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 9, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:16 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, And BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) (FA0.1) Property: Assessor Parcel Numbers 347 - 330 -045, 347 - 330 -046, 347 -330- 051, 347 - 330 -50, 347 - 330 -052, 347 - 330 -053, 347 - 330 -019, 347 - 360 -004, 347 - 360 -005, 347 - 360 -03, 347 - 250 -006, 347 - 250 -007; 347 - 250 -008, 347- 350 -003; 347 - 350 -014; 347 - 350 -015; 347 - 360 -006 and 347 - 360 -007 Page Two — City Council Minutes — March 9, 2004 Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment B. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (1 Case) (17:40.1)(X:52.1) City Attorney Leibold announced the Closed Session Items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:18 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:09 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Diane Sessions, representing Southwest Riverside Economic Development Council. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS /CEREMONIALS a. Proclamation - Beverly Mumphrey. (F:122.1) Page Three — City Council Minutes — March 9, 2004 Mayor Buckley read and presented the Proclamation to Beverly Mumphrey, recognizing her contributions and efforts on behalf of HOPE. Mrs. Mumphrey commented that it did not seem right to get an award for doing the work she loved. She stressed the dedication of all of the HOPE volunteers. b. Proclamation - Connie Whittaker Memorial. (F:122.1) Mayor Buckley read and presented the Memorial Proclamation for Connie Whittaker to Donna Morin. Ms. Morin indicated that she was proud to accept the Proclamation on behalf of Connie, her friends and the organizations she worked so hard to assist, and noted that she would be sorely missed. C. Proclamation - Burger King. (F: 122.1) Mayor Buckley read and presented the Proclamation to Oscar Obligacion, Manager of Burger King and recognized his assistance with the Support the Troops rallies. Mr. Obligacion thanked the City and indicated that Burger King would do all they could to assist in supporting the troops. d. Proclamation - Lake Elsinore Elk's Lodge - 25th Anniversary. (F:122.1) Mayor Buckley read and presented the Proclamation commemorating the 25th anniversary of the Lake Elsinore Elk's Lodge to Councilman Hickman on behalf of the Elks. Councilman Hickman accepted the Proclamation and noted that he had been a member for about five years. He commented that he joined the organization due to his appreciation of the charity work they do for children. He thanked the Council for this recognition and noted that the actual ceremony would be next Tuesday. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met to consider the two items Page Four — City Council Minutes — March 9, 2004 as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE Robert Askins, 16899 Sannelle Street, requested that the City Council consider naming the fishing beach area in memory of Bill "Whiskers" Tucker, noting that he had about 200 signatures in support of that request. He stressed Mr. Tucker's generosity to the community. Mayor Buckley requested that the petition be presented to the City Clerk. Donna Morin, representing the Historical Society, thanked the Elsinore Valley Municipal Water District for their generous donation to the Historical Society toward renovation of the Cultural Center basement. Lorraine Watts, 210 N. Scrivener, noted that she had missed a couple of meetings, but listening to the meetings at home was quite a chore. She indicated that the -•c audio of the meetings was horrible, and tall people at the podium could not be heard at all. She expressed hopes that the sound issues could be corrected, so the meetings could be heard at home as well. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 5, and 7. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - January 29, 2004. Page Five — City Council Minutes — March 9, 2004 b. City Council Study Session - February 19, 2004. C. City Council Study Session - February 24, 2004. d. Regular City Council Meeting - February 24, 2004. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - February 17, 2004. (F:60.3) 2. Ratified Warrant List for February 26, 2004. (F:12.3) 3. Received and ordered filed the Investment Report for January, 2004. (F:12.5) 6. Awarded Bid Award for Motor Control Centers to Brewster Electric, in the amount of $65,292. (F:68.1)(X:92.1) 8. Award Bid for the 2003/2004 Equipment Replacement Program for two Tractors to Cook Equipment, in the amount of a $3,251.50 /month lease. (17:68.1)(X:48.1) 9. Awarded Bid for the Contract of Asphalt Maintenance to Hardy & Harper, in the amount of $72,100. (17:68.1)(X:1 56.1) 10. Awarded Bid for the Contract for Curb, Gutter & Sidewalk Maintenance to NPG Corporation, in the amount of $6,750. (17:68.1)(X:146.1) 11. Awarded Bid for the Contract for Unpaved Road Maintenance to Hardy & Harper, in the amount of $5,920. (17:68.1)(X:156.1) PUBLIC HEARINGS 21. Tentative Tract Map 32008 - Lakeshore Village Specific Plan - Corman Leigh Communities. (F:160.2) Mayor Buckley opened the public hearing at 7:20 p.m. Page Six — City Council Minutes — March 9, 2004 Community Development Director Brady explained this item, noting the Specific Plan approval in 2003. He detailed the location of the project near Four Corners, and noted that this was the Tentative Map for a portion of the Specific Plan. He advised that the tract would be divided into 170 lots averaging just over 4,000 square feet, and two commercial lots. He explained that the Specific Plan standards had been adopted previously and noted that there were only minor concerns and issues with the adjacent business owner, which had been addressed by staff. Chuck Treatch, representing Corman Leigh Communities, indicated that he was present to answer questions regarding the project, and advised that they were in concurrence with the proposed Conditions of Approval. Mayor Buckley asked those persons interested in this item to speak. The following person spoke: Planning Commissioner Dan Uhlry, 103 W. Flint St., noted that this item was before the Planning Commission and he had met with Mrs. Wilsey and the developer on site to walk the property lines and discuss the concerns. He indicated that all parties now felt the buffer between the project and the adjacent business were sufficient to address the concerns. Mayor Buckley closed the public hearing at 7:24 p.m. Councilman Magee commended Commissioner Uhlry for his diligence in meeting on the site with the property owners; and noted the presence of Mrs. Wilsey at this meeting. He commented that the developer was taking a chance with this challenging piece of infill development; and indicated that they had come up with a design to compliment the site. He indicated that while there were lots as small as 3,800 square feet, it fit the neighborhood and he was very much in favor of it. Councilman Hickman noted that the project would be a private community with a homeowners association to maintain the roads, park clubhouse and �. Page Seven — City Council Minutes — March 9, 2004 pools. He expressed support of the project. Mayor Pro Tem Kelley inquired about the time line for the development. Mr. Treatch indicated that they would start work on the working drawings tomorrow and it would in plan check in six to eight weeks. He further indicated that they would hope to have the grading permit by August Is', and in design review in the next 30 days. He suggested that they would be starting models in late September. Mayor Pro Tem Kelley questioned if they would be putting signage on the property of what was to be developed. Mr. Treatch confirmed. Mayor Pro Tem Kelley reiterated that it would be a gated project, with a Homeowners Association, and detailed the amenities. She commented that it was a very desirable project and she felt it would sell quickly. She inquired into the possible costs of the homes. Mr. Treatch indicated that they were anticipated to go for about $250,000, but that could change by September. Councilman Schiffner commented that most people in Lake Elsinore were divided on the subject of development, but the majority favored development. He indicated that he supports development and envisions Lake Elsinore as a place where everyone in California will like to live. He commented that this was an outstanding project, on land that has been vacant for a long time. He noted that it would be a nice community with small lots and a level of security with the gated concept. He commented that it was an outstanding project and they had made changes to accommodate the potential problems. Mayor Buckley noted that he had previously voted against this project, but commended Corman Leigh for working with the property owners and staff on the modifications. He indicated that the lot sizes were a little bigger and Mrs. Wilsey was happy. He questioned the traffic signal. Community Development Director Brady indicated that the traffic signal was required across from Stater Brothers. Mr. Treatch confirmed that the traffic signal would be in line with the main entry to this project and the driveway at Stater Brothers. Mayor Buckley inquired when the traffic signal would be Page Eight — City Council Minutes — March 9, 2004 installed. Mr. Treatch indicated that it would be installed by 20% build out, which would probably be the first quarter of next year. Mayor Buckley indicated that he would not be voting against the project, but he was not in favor of it, due to the lots being smaller than 5,000 square feet. He commended them on their efforts to work with the community. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSTAINING TO APPROVE TENTATIVE TRACT MAP NO. 32008, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINIIING 4 1. TTM No. 32008, together with the provisions for its design and improvement, is consistent with the General Plan and the Lakeshore Village Specific Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Lakeshore Village Specific Plan, General Plan, and City Municipal Code. 2. The effects that TTM No. 32008 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Lakeshore Village Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Page Nine — City Council Minutes — March 9, 2004 3. The design of TTM No. 32008 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL - PLANNING DIVISION General Conditions 1. Tentative Tract Map No. 32008 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Future development shall comply with those standards and guidelines contained in the Specific Development Plan, Circulation Plan, Infrastructure and Public Facilities Plan, Development Regulations, Design Guidelines, and Implementation Plan, and conditions of approval established with the 2003 Lakeshore Village Specific Plan. 3. Tentative Tract Map No. 32008 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Lakeshore Village Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 5. The applicant shall provide all project-related onsite and offsite improvements as described in the Lakeshore Village Specific Plan document and Tentative Page Ten — City Council Minutes — March 9, 2004 Tract Map No. 32008. 6. The applicant shall implement those mitigation measures identified in the 2003 Lakeshore Village Mitigated Negative Declaration and Mitigation Monitoring Program. 7. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 8. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Lakeshore Village Specific -- Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 9. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. I O.The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Page Eleven — City Council Minutes — March 9, 2004 Prior to Final Tract Map Approval 11.All lots shall comply with applicable standards contained in the Lakeshore Village Specific Plan document, LEMC, or Zoning Code. 12.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 13. Street names within the subdivision shall be approved by the Community Development Director or Designee. 14.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 15.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (refer to attached). 16.The applicant shall annex into the City -Wide Community Facilities District for Police, Fire, and Paramedics (CFD 2003 -01). 17.Prior to approval of the Final Map or if deemed appropriate by the Engineering Manager, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC &Rs). At a minimum, the CC &Rs shall include language to ensure the following conditions: • The HOA shall maintain landscaping along parkways and project streets, recreational facilities, walkways, and drainage improvements. • The HOA shall maintain all streets, entry gates, walls, and monumentation. Page Twelve — City Council Minutes — March 9, 2004 • The HOA or a separate independent security patrol shall be responsible for enforcing the on- street parking on only one side of those affected project streets that are identified in the Lakeshore Village Specific Plan. Prior to Design Review Approval 18.All future structural development associated with the Lakeshore Village Specific Plan and TTM No. 32008, including building designs, recreational facilities, landscaping improvements, site plans, etc. shall require separate Design Review approval, as appropriate. 19.The applicant shall provide all recreational facilities and amenities including play equipment found at the proposed play lots. 20.Prior to Design Review approval, the applicant shall show how the following fire mitigation measures are met: %— • The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore, as appropriate. • All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and/or No. 787.1. • Prepare a Fire Protection/Vegetation Management Plan for Fire Department approval. • The Homeowner's Association shall be responsible for implementing the Fire Protection/Vegetation Management Plan. The project shall provide an alternate or secondary access. Prior to Grading Permit Issuance 21.The applicant shall obtain all necessary State and Federal permits, approvals, or ... Page Thirteen — City Council Minutes — March 9, 2004 other entitlements, where applicable, prior to each phase of development of the proj ect. 22.Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the Engineering Manager for approval. Said grading plan shall address those grading standards and guidelines contained in the Lakeshore Village Specific Plan document. 23.Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 24. Grading easements shall be coordinated with affected property owners. 25.Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 26.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the Engineering Manager and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 27.The applicant shall enter into an agreement with the Redevelopment Agency, acceptable to Agency Counsel, to either provide affordable units in accordance with Section 33413 (b) (2) of the California Community Redevelopment Law, appropriate in -lieu fees, or a combination of both. Page Fourteen — City Council Minutes — March 9, 2004 28.The applicant shall pay all appropriate traffic impact mitigation fees. 29.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 30.Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the Engineer Manager, for all required utility services. 31.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 32.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 33.Pay all applicable fees including park fees. 34.The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 35.The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire TTM No. 32008 area. 36.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan for the Detached Single - Family Residential Planning Area addressing the following: • Show that a decorative masonry block wall shall be constructed along all Page Fifteen — City Council Minutes — March 9, 2004 boundaries of the Detached Single Family Residential Planning Area of the TTM 32008 site. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 37.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 38.The applicant shall meet all requirements of the providing electric utility company. 39.The applicant shall meet all requirements of the providing gas utility company. 40.The applicant shall meet all requirements of the providing telephone utility company. 41.A bond is required guaranteeing the removal of all trailers used during construction. 42.Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. Prior to Certificate of Occupancy Issuance 43.Throughout construction, as deemed appropriate by the City and the applicant, Page Sixteen — City Council Minutes — March 9, 2004 fugitive dust suppression along Lakeshore and Walnut Drives, and other connecting roads shall be applied to minimize fugitive dust generation. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 44.The applicant shall install signs along those appropriate project streets as shown in the Lakeshore Village Specific Plan to ensure parking is permitted on only one side and to prohibit on- street parking. Location of said signs shall require approval by the Engineering Manager. 45.The applicant shall paint the curbs red for those sides of the streets that prohibit on- street parking. ENGINEERING DIVISION 46.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. 47.All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26). 48.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 49.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 50.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 Seventeen — City Council Minutes — March 9, 2004 5 LApplicant shall pay all fees and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 5 LApplicant shall dedicate right -of -way along Lakeshore Drive consistent with the General Plan Circulation element requirement of 60 ft. half width right -of- way (as measured from the centerline to the project property line) for an urban arterial. 52.Street `T' (project entrance) shall be opposite the main entrance to Stater Brother's Shopping Center. 53. Sidewalks on private streets must meet ADA standards. 55.Walnut Drive shall be constructed to a collector street cross section width. Walnut Drive shall be paved for two (2) travel lanes from tract boundary to Fraser Drive. Walnut Drive shall provide an entrance drive at the bulb end of the cul -de -sac to allow access to the existing easement extending north from the Walnut Drive cul -de -sac. 56.The circulation improvements shall be constructed as described in Exhibit 6 -A in the Lakeshore Village Specific Plan Traffic Impact Analysis (see attached). Traffic signal at Stater Brother's Central Driveway and Main Entrance shall be operational at 20% build out. 57.Applicant shall design and construct a raised landscaped median along the frontage of Lakeshore Drive, subject to the approval of the Engineering Manager. 58.The entrance driveway aisles shall be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on -site storage for entering vehicles. 59.All compaction reports, grade certifications, monument certifications (with tie Page Eighteen — City Council Minutes — March 9, 2004 notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 60.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 61.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. 62.Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 63.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the Engineering Manager. .� 64.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 65.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. 66.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy, applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or applicant to pay $30 per sheet for City digitizing. 67.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 68.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Page Nineteen — City Council Minutes — March 9, 2004 Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Engineering Manager. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 69.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 70.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 71.All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 72.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non - historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement. 73.0n -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 ". 74.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Engineering Manager. Page Twenty — City Council Minutes — March 9, 2004 75. Submit Hydrology and Hydraulic Reports for review and approval by Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 76.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 77. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the Engineering Manager. 78.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 79.Ten (10) year storm runoff should be contained within the curb and the 100 - year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 80.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run -off on private property. 81.Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 82.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 83.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. �, Page Twenty -One — City Council Minutes — March 9, 2004 84. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 85.Applicant shall provide for flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveway aisles. 86.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. 87.Applicant shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the Engineering Manager. 88.Access shall be restricted on Lakeshore Drive and Walnut Avenue and so noted on the final map. No residential lot shall have frontage onto Lakeshore Drive or Walnut Avenue. 89.All parcels shall have 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. Private streets shall be owned and maintained by an HOA. 90.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. Page Twenty -Two —City Council Minutes — March 9, 2004 91.Applicant shall cause to be recorded CC &R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the Director of Community Development and the City Attorney. The CC &R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 92.An HOA shall maintain the storm drain detention basin. 93.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR &R Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 22. Tentative Parcel Map No. 31963, "Pasadena Business Park II "- Triple J Development. (F:110.2) Mayor Buckley opened the public hearing at 7:33 p.m. Community Development Director Brady detailed this item and its location. He explained that this was a proposal to divide the parcel into 15 individual parcels with 15 industrial buildings. He detailed the related street improvements to be included as part of the project. Mayor Buckley asked those persons interested in this item to speak. There were no requests to speak. Mayor Buckley questioned the improvements to Third Street. Community Development Director Brady advised that it currently had V2 street improvements, and as the other side develops the builders will be required to pay in -lieu fees or bond for the balance of the improvements. He clarified that the timing for the actual improvements would be driven by the front property. Mayor Buckley inquired if the front parcel would be developed _. Page Twenty -Three — City Council Minutes — March 9, 2004 soon. Community Development Director Brady indicated that the entire area was building very quickly and the front property should be built in the next couple of years. Councilman Magee had no comments on this item. Mayor Pro Tem Kelley indicated that she welcomed additional manufacturing and commercial development. She noted that buildings of this type were being leased out as quickly as they were being built, and she was glad to have them. She expressed support for the project. Councilman Schiffner indicated that his comments from the previous item would also apply to this item. Councilman Hickman inquired if this was the project with concerns regarding the drainage to the outflow channel. Community Development Director Brady clarified that the drainage issues were on Hunco Way, to the north of this project. Councilman Hickman indicated that he had no problems with this project. Mayor Buckley closed the public hearing at 7:35 p.m. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 31963, BASED ON THE FOLLOWING FINDINGS AND EXHIBIT `A'; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Twenty -Four — City Council Minutes — March 9, 2004 The proposed Tentative Parcel Map located at APN 377 -151 -057 complies with the goals and objectives of the General Plan, in that the approval of this industrial business park will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 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. The proposed Tentative Parcel Map located at APN 377 - 151 -057 has been evaluated and determined to in approving the subdivision for the ultimate development of an industrial business park will offer needed jobs and balance with existing and future housing needs and trends. Environmental and municipal resources will have been evaluated and will be available to service this development. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Pursuant to the California Environmental Quality Act (CEQA), the proposed Tentative Parcel Map located at APN 377 - 151 -057, has been reviewed and conditioned by all applicable City Divisions and Departments and Agencies, and will not have a significant effect on the environment pursuant to Mitigated Negative Declaration No. 2002 -03 adopted by the City Council. CONDITIONS OF APPROVAL PLANNING DIVISION Tentative Parcel Map No. 31963 will expire two (2) years from date of approval unless within that period of time a final map has been filed with the �„ Page Twenty -Five — City Council Minutes — March 9, 2004 County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 2. Tentative Parcel Map No. 31963 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. 31963, 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 and recordation approval of TPM No. 31963, the applicant shall prepare and record CC &R's against the complex. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. 5. No lot in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which Page Twenty -Six — City Council Minutes — March 9, 2004 have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which shall include compulsory membership of all owners of lots and /or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 6. A precise survey with closures for boundaries and all lots shall be provided, per City Ordinance. 7. The City's Noise Ordinance must be met during all site preparation activity. 8. Applicant shall bond for all public improvements and grading for subject development as required by the City Engineer. a) Bonding shall be done by phases and not by final maps(s) on grading. b)Bonding shall be done by final map(s) for all other improvements. 9. Pay all applicable fees including park fees as stated in the development agreement prior to issuance of building permits. 10. Prior to final map approval of Tentative Parcel Map No. 31963, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or the bonds and agreement for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. 11. All of the improvements shall be designed by developer's Civil Engineer to the specifications of the City of Lake Elsinore. ... Page Twenty -Seven — City Council Minutes — March 9, 2004 12. Applicant must meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 13. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 14. The developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 15. Meet all requirements of the providing electric utility company. 16. Meet all requirements of the providing gas utility company. 17. Meet all requirements of the providing telephone utility company. 18. All trailers used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. 19. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate Grading City permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty -feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 20. All development associated with this map requires separate Design Review Page Twenty -Eight — City Council Minutes —March 9, 2004 approval. 21. 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. 22. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. ENGINEERING DIVISION 23. All 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. .�. 24. Dedicate a 20 ft. wide strip of additional street right -of -way along the frontage of Pasadena St. to the City prior to approval of final map. 25. Dedicate a 30 ft. wide strip of additional street right -of -way along the frontage of Crane St. to the City prior to approval of final map. 26. Dedicate additional right -of -way for a standard corner cutback for the future curb return at the westerly corner of the lot. 27. All lots shall have direct access to public right -of -way or to be provided with minimum 30 foot ingress and egress easement to public right -of -way by separate instrument or with recordation of a final map with CC &R's. 28. The ingress and egress easements width and turning radii must be approved by the County Fire Dept. prior to approval of final map. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26). .., Page Twenty -Nine — City Council Minutes — March 9, 2004 The traffic mitigation fee is $73,589, the K -rat fee is $4,260 and the drainage fee is $53,805. 30. 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 approval of final map. 31. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to approval of final map (LEMC 16.34). 32. 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). 33. Developer shall construct half street improvements on Third Street as part of this development or pay an in -lieu fee for the construction of the half - street improvements. 34. Developer shall construct half street improvements on Crane St. plus one 10 ft. wide travel lane. 35. The applicant shall furnish a signing and striping plan for Pasadena Street and Crane Street, subject to the approval of the City Engineer. 36. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 37. The driveway aisles should be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on -site storage for entering vehicles. Page Thirty — City Council Minutes — March 9, 2004 38. All 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. 39. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 40. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 41. Applicant to 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. 42. 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. 43. Provide fire protection facilities as required in writing by Riverside County Fire. 44. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 45. 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. 46. All natural drainage traversing the site shall be conveyed through the site, or —• Page Thirty -One — City Council Minutes — March 9, 2004 shall be collected and conveyed by a method approved by the City Engineer. 47. 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. 48. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 49. Meet all requirements of LEMC 15.68 regarding floodplain management. Over half this site is in FEMA flood zone AE and the finish floor elevation must be at or above the Base Flood Elevation. Most buildings must have their floor elevations above an elevation of 1261 ft. and some buildings must be above 1261.5 feet. Some of the site is in flood zone AO and the floor elevation must at least one foot above the adjacent grade. 50. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 51. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final maps. Developer shall mitigate any flooding and /or erosion downstream caused by development of the site and/or diversion of drainage. 52. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 53. The applicant shall record a CC &R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC &R shall be approved by the Community Development Director and shall be recorded prior to building permit. 54. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including Page Thirty -Two — City Council Minutes — March 9, 2004 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. 55. Education guidelines and Best Management Practices (BMP) shall be provided to building occupants of the development for outdoor storage, vehicle maintenance, building maintenance and landscaping 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. 56. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Applicant can construct permeable concrete gutters, drain gutters to landscaped areas or use basins with filters. 57. Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 58. 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. 23. General Plan Amendment No. 2003 -03, Zone Change No. 1003 -02, Tentative Condominium Map No. 31532, Residential Design Review No. R 2003 -15 and Mitigated Negative Declaration No. 2004 -01 for the "Lake Elsinore City Center Townhomes" Phase II - Resolution No. 2004 -16 & Ordinance No. 1117. Mayor Buckley introduced this item and noted that there was a request from Page Thirty -Three — City Council Minutes — March 9, 2004 the developer and concurrence from staff. Councilman Schiffner supported the continuance since it was at the request of the developer. Councilman Magee noted that this was a noticed public hearing, and suggested allowing any interested speakers or the applicant to speak. Mayor Buckley opened the public hearing at 7:38 p.m. There were no requests to speak. Mayor Buckley noted that this item related to the Condominiums next to the Walmart center on Grape Street. Councilman Magee questioned the timing of the continuance. City Attorney Leibold indicated that it should be continued to the next regular meeting. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO MARCH 23, 2004. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1115 - Community Facilities District 2003 -1 (Law Enforcement, Fire and Paramedic Services) Annexations 5 and 6. (F:22.3) City Manager Watenpaugh noted that this was a second reading of the matter considered at the last meeting. Councilman Hickman noted that this was the $300 per household CFD. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 11159 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1115 Page Thirty -Four — City Council Minutes — March 9, 2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.5 (LA LAGUNA PHASE II) AND ANNEXATION AREA NO.6 (VILLA MARTINIQUE) ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Request from Volunteer Fire Department - Thermal Imaging Camera.. (F:127.3) City Manager Watenpaugh explained this request. Councilman Magee noted that the City was fortunate to have a group of volunteers like fire fighters to make sure the rest of the community is safe. He suggested that it was the City's responsibility to provide the tools to assist them in saving lives. He noted that the volunteers went to a conference and investigated the new equipment available; and found a camera that can detect victims in a burning building. He stressed that this camera would save time in finding people within burning buildings and expressed support for this request. He urged the Council's approval of this item. Page Thirty -Five — City Council Minutes — March 9, 2004 Mayor Pro Tem Kelley commented that it was a great idea and offered kudos to Councilman Magee for pursuing this request. She congratulated the fire volunteers on this new piece of equipment. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REQUEST FOR PURCHASE OF A THERMAL IMAGING CAMERA AT A COST NOT TO EXCEED $109000 AND DIRECTED STAFF TO ALLOCATE THE NECESSARY FUNDS FROM THE CITY'S UNALLOCATED RESERVES. 33. Public Safety Advisory Commission- Ordinance No. 1116. (F:59.6) City Manager Watenpaugh explained this item had been provided at the _. request of Mayor Buckley to reinstate the commission. He advised that following the Study Session a subcommittee of the Council was chosen to work on revisions to the existing code. He pointed out that if there were modifications to be made to the responsibilities of the Commission, they would need to be changed in the Ordinance as well. Councilman Magee noted that this item came up some time back and there was a level of discomfort in advancing the commission with the current structure. He indicated that what had been done this time was to revise the section of the Municipal Code for a much better, more useable product. He further indicated that it was the intent to provide public safety officials with an additional set of eyes and ears in the community, since they can't be everywhere. He commented that there was a wealth of volunteers who wanted to give to the community. He noted that he disagreed with some portions of the ordinance, but there had been some compromises, and urged adoption of the ordinance. Mayor Buckley noted that he had worked with Councilman Magee on redrafting this code section, and commented that the commission technically still existed, but had withered many years ago. He commented that times change and codes need changing. He indicated that for the most part, this Page Thirty -Six — City Council Minutes — March 9, 2004 commission would act as a seeing eye dog to help the police and fire officials, and should not be seen as a disciplinary force. He noted that the duties, as proposed, were relatively narrow, but allowed the commission to expand their areas of consideration with the approval of the City Council. He indicated that the first re- formation of the Commission would have each Council member appointing a new member, who will serve until July, 2006, at which point the reappointment of members will revert to the system used for the Planning Commission. He further indicated that he felt it was important to start off with an appointment system more like the mayoral committees, because the commission last went away leaving a bad taste. He recommended the deletion of "vice- chairman" from section 2.46.040. Mayor Pro Tem Kelley noted the concerns expressed by Lt. Featherolf at the study session and suggested that appointees needed some sort of background check at some level. She stressed that the group would be working very closely with the community and the community needed to be able to trust them. She indicated that she was very happy with the way the ordinance came back, particularly with the commission "assisting" in disaster preparedness. She stressed that she did not want them to focus on that. She indicated that she was also happy with "consider and evaluate" the cost of citizens action patrol, so the direction had not yet been chosen. She suggested that the proposed duties were just enough to get the commission started. She noted that there were still minor issues with calling it a commission vs. a committee, and commented that she would like it to be a committee. Councilman Magee inquired if there was a background check required when the commission was first put in the municipal code. City Manager Watenpaugh indicated that he was not aware of one. Councilman Magee suggested that this would be breaking new ground, and questioned if other committees or commissions had done this in the past. City Manager Watenpaugh indicated that background checks were done on all staff and the Planning Commissioners were requested to provide background and personal history. .i Page Thirty -Seven — City Council Minutes — March 9, 2004 Councilman Hickman noted that with regard to memberships, there should be a change in the wording that the person shall "reside in or be a business owner or designee of a business in the City of Lake Elsinore ". He indicated that when this commission was first discussed police and fire were the last things on his mind. He indicated that his first thought was toward disaster and homeland security. He commented that he was pleased with the plan, and would like to see it divided into districts in the future for improved response in the case of a disaster, to provide assistance. He indicated that this was a step in the right direction. Councilman Schiffner noted the discussion of changes, but was not sure of what was being left in. He indicated that he was not in favor of the chairman or vice - chairman being selected by the Mayor the first time around. He suggested that they should be selected by the committee, as he felt their consideration was important. He explained that the commission was not ad hoc, so the choice should be theirs; and indicated that he would like to see it changed so the chairman was appointed by the commission. He addressed section 2.46.07 regarding Meetings, in item F, and indicated that he did not believe he wanted the commission having direct communications to the police and fire chiefs. He indicated that the recommendations should come directly to the City Council first; and commented that otherwise he was in favor of the items. Mayor Pro Tem Kelley questioned the difference between a Mayor's Committee and a permanent commission. City Manager Watenpaugh indicated that when a Mayor's committee was adopted their purpose was spelled out, each member appointed a member and the Mayor appointed the Chairman. He clarified that this item was an update to the Municipal Code rather than the policy manual. Mayor Pro Tem Kelley addressed the item about reporting to the City Council in writing, and concurred it should come to the Council first, as opposed to the Chief of Police. Mayor Buckley indicated that might be appropriate, but suggested if it was informational items, they could probably go to the Chiefs, while specific City action should go to the Council first. He indicated that he did not want the Page Thirty -Eight — City Council Minutes — March 9, 2004 commission sending reams of information to police and fire. Councilman Magee suggested this would make it a more independent arm, and concurred that the last sentence could be dropped. Mayor Buckley addressed the issue of a permanent committee, noting that he would want to drop the word advisory; but indicated he would not pursue that if it was left a commission. Councilman Magee indicated that in the word "advisory" had been included in the spirit of compromise. Councilman Schiffner noted that all of his objections had been addressed, except who selects the Chairman the first time, and stressed that it should be selected by the committee. Mayor Buckley stressed that the initial chairmanship was key. Councilman Schiffner indicated that it was not proper because the makeup of the commission was not yet known. Mayor Buckley indicated that there was no one more qualified the chair the Commission than his selection. He noted that the term of the Chairman OEM would only run to the end of this calendar year, and he had proposed taking out the Vice - Chairman. Councilman Schiffner reiterated his concern with this process. Councilman Magee clarified that the appointment of the Chairman was only for nine months to December 31, 2004. Mayor Pro Tern Kelley indicated that she could support such an appointment to the end of the year. MOVED BY BUCKLEY, SECONDED BY MAGEE TO ADOPT THE ORDINANCE AS PRESENTED WITH THE FOLLOWING CHANGES: SECTION 2.46.030 - ELIMINATE "BE A REGISTERED VOTER" AND "OR THE OWNER'S DESIGNEE" SECTION 2.46.040 — ELIMINATE "AND VICE CHAIRMAN" AND CHANGE INITIAL TERM OF CHAIRMAN TO "UNTIL DECEMBER 31, 2004 ". SECTION 2.46.030 — ADD "APPOINTEES SHALL BE mom Page Thirty -Nine — City Council Minutes — March 9, 2004 SUBJECT TO ROUTINE BACKGROUND CHECK TO BE ADMINISTERED BY THE POLICE DEPARTMENT" Councilman Magee requested clarification from Chief Walsh with regard to the background checks. Chief Walsh indicated that it could get costly, but it would depend on how deeply they wanted the individuals investigated. He indicated that if it was just fingerprints and regular background checks it would be about $70 per applicant. Councilman Schiffner suggested leaving the depth of the background check up to Chief Walsh. Councilman Magee inquired if the term "routine background check" was adequate. Chief Walsh indicated that "routine" would be fine, and if something was found they would dig a little deeper. He noted that it would be the same as any volunteer for the Sheriff's department. Council concurred this would be appropriate. ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REPEALING SECTION 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW SECTION 2.46 RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, BUCKLEY NOES: COUNCILMEMBERS: SCHIFFNER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page Forty — City Council Minutes — March 9, 2004 Councilman Schiffner indicated that he does not compromise on issues he believe in and commented that he did not agree with the proposed appointment of the Chairman, so he voted no. Mayor Buckley questioned the timing of the appointments, and suggested doing it tonight. He appointed Dan Uhlry, as the first Chairman of the Commission, noting that he was currently serving on the Planning Commission. He commented that there was an issue of serving on more than one commission, but Mr. Uhlry had already agreed to not serve as Chairman or Vice Chairman of the Planning Commission while serving in this capacity. He indicated that he appointed Mr. Uhlry due to his standing in the Sheriff's Posse and his past participation in CDF; and noted that this would provide a very pro public safety bridge for the next nine months. Mayor Pro Tern Kelley indicated that she was contacted by a gentleman who was requesting appointment and appointed Michael Lewis, noting his participation in the Ticket to Ride event. Councilman Hickman inquired if Mr. Uhlry would be leaving the Planning Commission. Mayor Buckley clarified that he would remain on the Planning Commission. Councilman Hickman appointed Ron Hewison, nothing he was also serving on the RDA Task Force. Councilman Schiffner appointed Ray Knight, noting he was a retired Anaheim fireman, paramedic and Fire Captain. Councilman Magee appointed Ray Moon, noting that he was active in his church, a substitute teacher and business owner in the valley for more than ten years. He further noted that Mr. Moon was bilingual, which would be important for the community. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE APPOINTMENTS AS PROPOSED. am. Page Forty -One — City Council Minutes — March 9, 2004 Mayor Buckley commented that they were all good appointments. 34. Mayor's Committee /Country Club Heights. (17:59.1)(X:44.2)(X:60.1) Mayor Buckley noted the meeting about two weeks earlier with 225 people in attendance regarding this area. He noted that they were representative of the 3,700 owners of 8,700 lots. He complimented staff on a very positive event. He stressed the interest of the property owners in that area to protect the character of the neighborhood while supporting growth and better infrastructure. He indicated he felt it was a good idea to set up a Mayor's ad hoc committee of residents to look at the myriad of problems with sewer, water, small lots, etc. City Manager Watenpaugh concurred that it was a very positive study session and noted that many people would like to see the standards for the Heights modified. He indicated that it was the intent to come up with revised standards for the viewshed corridors. Mayor Pro Tem Kelley apologized for not making the study session, as she was out of town; but noted that she had followed up and read the information from the consultant. She noted that there had been a great turn out and strong interest in addressing the many complex issues in the area. She commented that the committee would have their plate full to come up with goals and objectives, and a consultant would be needed to find ways to solve the problems. She concurred with this committee formation. She indicated that she would be appointing either Steve or Vicki Wallace, and noted that they just purchased a home in the area and were business owners. She further noted that they attended the study session and were excited about serving on the committee. Councilman Schiffner noted the tremendous crowd at the study session and concurred that it went very well, and most of the people were well informed. He further noted that everyone accepted the information and there was a lot of interest in improving the area. He stressed the need to limit the scope so they could proceed. He indicated that they needed to work on what they Page Forty -Two — City Council Minutes — March 9, 2004 wanted in the area and what they did not want; and leave it to Council to put together a plan to accomplish what they want. He appointed John Gonzales to the committee. Councilman Hickman noted that there was an interest in building in the area and were facing problems. He also noted a recent newspaper article about Gary Jacobs' home. Councilman Magee expressed support for the formation of the committee and tentatively appointed Ray Booze. He noted that the appointment was tentative until he could contact Mr. Booze for confirmation, and commented that he was a long term resident. Mayor Buckley concurred that the level of detail on this matter could be overwhelming, but envisioned looking at the type of historic streetlight, but not where they would go. He suggested setting parameters and going from there. He indicated that as for the appointment, he inquired if they could be made at the same time the committee was formed. He appointed Ray Tamargo as Chairman of the committee, and commented that he through it would be an exciting review of the local zoning. MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE APPOINTMENTS AS PROPOSED. City Manager Watenpaugh commended the Council on forming the committees, but noted the number of new committees and study sessions and suggested that coming back in three to four months with recommendations might not be possible. Mayor Buckley suggested extending that time line to six months. Councilman Schiffner commented that a couple of more Assistant City Manager's might be needed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Page Forty -Three — City Council Minutes — March 9, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:24 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:34 P.M. 35. Draft Goals for City Manager. (17:46.1) Councilman Buckley noted that the Council had been doing performance evaluations on the City Manager over the last few meetings, and Council came up with short term goals to be fulfilled. City Manager Watenpaugh explained that after the new Council was seated he had requested a Closed Session for his evaluation. He indicated that he wanted more information and a list of goals, and clarified that goal setting had to be done in a public session, unlike the evaluation which could be done in Closed Session. He presented a draft of his discussions with a preface of the mission statement and goals based on the adopted budget. He indicated that there was a list of about 26 goals, and explained that the intent of the Council was to have specific items for review in six months for evaluation of his progress. Ron LaPere, 16867 Wells Street, congratulated the Council on the start of this program, but indicated that it should have been started five years ago. He noted his background in writing goals for employees and management staff and suggested that the items presented were ideas instead of goals. He stressed that goals had to be specific and have means to measure the outcomes. He suggested that the proposed goals were very ambiguous, and issues that should be more Council Policy decisions. He stressed the importance of quantifiable goals and suggested that more refinement was needed so they would remain objective and fair, regardless of who the manager was. Edith Stafford, 29700 Hursh, indicated that she had the same problems with this list; and while goals are needed and it is a step in the right direction, she Page Forty -Four — City Council Minutes — March 9, 2004 agreed that many of the items should be done by the Council. She commented that the City Manager could not tell himself what to do, and stressed that the Council needed to lay these things out. She indicated that another problem was that while goals are to be done in six months, there was an existing pattern of improprieties already in existence. She stressed that there were issues that needed immediate attention and questioned how that would be resolved. She explained that there were improprieties in contracts and how they were charged, which needed immediate attention. She suggested that the new goals should be more revised and define what is to be done. She indicated that she saw no goals in the direction of the main problem areas. She reiterated that there were immediate problems and suggested having someone check out the contracts and how they were paid. Mayor Buckley requested input from City Treasurer Weber. City Manager Watenpaugh noted that he works for the five member Council, and questioned the City Tresurer's role in setting his goals. City Treasurer •- Weber indicated that they were finance issues he would like to see addressed. City Treasurer Weber indicated that support of the RDA committee goals and management of the RDA debt was needed. He further indicated that staff needed to implement Gasby 34 requirements; and create a homeowner communication system or the CFD's and Assessment Districts, so they know what they are getting into and what is being done with the money. Mayor Buckley reiterated that he was concerned with the implementation of the Gasby 34 requirements, continuing support and work with the RDA committee and work on a homeowner information system for CFD's and Assessment Districts. Councilman Magee noted that the staff report had deleted the leading paragraph and read it into the record as follows: Page Forty -Five — City Council Minutes — March 9, 2004 The City Council desires to evaluate the City Manager's performance in six months, based in part on the goals and objectives stated below. The City Council will also evaluate the City Manager's performance with respect to the day -to -day business and administrative requirements of that office, including such additional duties which may arise or be assigned, but are not anticipated or contemplated at this time. During this evaluation process the City Council shall consider continuing, extending, modifying or terminating the City Manager's existing contract. Councilman Magee noted that he was still on a honeymoon with the City Manager after only 90 days, so for him to evaluate him as his boss would be inappropriate. He indicated that he had told Mr. Watenpaugh that from the start, and noted that an emotional decision would be the easiest at this point, but that would not be in the best interest of the community. He commented that the five Council members had worked together to forge the list of goals, but it was not an easy process. He stressed that this had not been done in many years, and the City Manager had no evaluation since 2001. He indicated that this was unfair to the employee, not knowing if his bosses are in support of him or not. He commented that the list was subjective and the Council would have to make a subjective analysis of the performance. He indicated that he would like to add one more item, to ask the City Manager to provide written monthly updates of his progress in the process. He commented that the Council might not all agree, but finally there was a road map that five people could agree on; and while they may still disagree in six months, the City Manager would know where they were coming from. Councilman Schiffner commented on what he felt this issue was all about, being a situation with five members on the Council and one new member who explained his position, which was fair and reasonable. He indicated _ that two other members over the last two years had made every effort to undermine the City Manager and make him look bad, while having very little contact with the man. He suggested that they were in no position to Page Forty -Six — City Council Minutes — March 9, 2004 evaluate him. He indicated that there were two other members who had worked with the City Manager for a number of years, and while there may have been some dissatisfaction, they have moved along with him as the City Manager. He noted that they had come out of a financial depression, and the sales tax dollars were increasing. He indicated that it appeared that the others were attempting to take sides, and concurred that many of the goals were ambiguous and difficult to evaluate, possibly on purpose. He suggested that they wanted to be able to downgrade the City Manager for not accomplishing these goals in six months. He noted that there was a definite division on the City Council and a new member who has not taken sides, because he was learning the situation first. He indicated that he was not sure how the City Manager would be evaluated as the goals were very confusing. He addressed the comments by Mrs. Stafford on things that were wrong and challenged her to bring the problems to him, so he could work to straighten them out, find the problems and correct them. Mayor Pro Tem Kelley noted that she had worked with the City Manager for the last eight years; and finds him to be professional, policy- oriented, he treats the Council fairly, provides a weekly memo and is available to each Councilmember with his open door policy. She indicated that he was very respected by staff and the community business leaders; and she respects the way he follows policy. She commented that the last thing the community needed was a City Manager led down the road, frightened of his job and taking direction from each individual Council member. She indicated that she really respected the fact that Mr. Watenpaugh was willing to draw the line and say something was not policy. She stressed that his responsibility was to work for either three or four members, based on a majority vote. She indicated that he provided everyone the same information, but it was difficult to develop the goals, so they were broad by design. She noted that the goals were filled with action words such as implement, prepare, design, assist and revise. She commented that he would have no trouble meeting the goals as presented and in six months the Council would need to be very fair in the evaluation due to the nature of the goals. She concurred that the goals were designed to undermine the Manager, but expressed hopes that _., Page Forty -Seven — City Council Minutes — March 9, 2004 was not the case. She suggested that Mr. Watenpaugh was excited about the goals, and noted that they were set forth generally in the budget, but this was a new format. She indicated that while the goals were not necessarily new, there was greater pressure to get them done. She noted that she liked the opening paragraph as read by Councilman Magee, as the previous one was in a very negative light. Councilman Hickman indicated that it was evident which way this was going to be subjective. He commented that he knew it was a position of authority and responsibility, but he was on the Council to do what the people wanted, and make sure the City was clean. He indicated that this step would give the City Manager a chance to prove himself and the existing management can run the City the way the citizens want it. Mayor Buckley noted the list of goals and suggested the insertion of two words, being "past performance and" in paragraph 1, line 4 before "such additional duties ". He suggested that the last goal on page 1 should be revised because "improving the public perception of the Community Services Department" would occur if the department was improved. He indicated that he did not have a problem adding the implementation of Gasby 34, which was already being worked on. Administrative Services Director Pressey indicated that the Gasby 34 requirements were complete. Mayor Buckley indicated that the Manager was already working with the RDA Committee. He further indicated that the homeowner information system was a good idea and would have deflected some of the concerns in Summerhill. He questioned which conditions were designed to undermine the Manager and which should be eliminated. Mayor Pro Tern Kelley indicated that the point was that her fear was that Mr. Watenpaugh would jump through all the hoops for six months, but there was a preconceived result to this process. She stressed that it was not one individual goal, but addressed the last one about the homeowners information system, and noted that she just closed escrow and the CFD information was very well spelled out. She stressed the shared nature of responsibility in that type of program. Page Forty -Eight — City Council Minutes — March 9, 2004 Mayor Buckley commented that the City was better run than it used to be. Mayor Pro Tem Kelley confirmed. Mayor Buckley commented that in the spirit of compromise he was going to agree, but questioned if it was run well enough. Councilman Schiffner suggested that it would never be run well enough. Mayor Buckley indicated that he was not sure that was true and noted the personal and community trust issues between city hall and the residents. He suggested that was something that had to be considered as part of the evaluation process. City Manager Watenpaugh indicated that he in no way wanted to be adversarial in this process, and noted this was tough to coordinate. He commented that he had only had one evaluation in seven years and did still have a contract. He confirmed that he wanted a set of goals and he was willing to accept the goals presented; but expressed concern with the stated mistrust from the public about the management and the City. He indicated that he was not sure what or where it was coming from, as he tried to be open and provide information. He commented that his biggest fear was that _. he could communicate with the Council, but they also had to communicate with him; and stressed that it had to be two way communication. He indicated that he had no doubt that he and staff could attain the goals and noted that a number of them were already done or nearly complete. He noted that he had a major concern that as a staff person, staff spent hundreds of dollars on study sessions to clarify information, but aside from the Country Club Heights meeting, only a few residents are present for the workshops. He indicated that he felt bad that there was not a better turnout regarding the bonds, and noted that there were door hangers and advertisements in the newspaper. He questioned if the public was truly concerned. He noted that there was more interest in the Country Club Heights issues. He indicated that the goals would work if everything was done openly and communication could be maintained with all of the Council. He noted that Councilman Magee was very fair as the newcomer, and others were trying to open up. He stressed the importance of open communication and assuring that the Council policy is followed. He requested that if the policy was not being followed, that they be changed to more accurately reflect the policies. He ... Page Forty -Nine — City Council Minutes — March 9, 2004 stressed the importance of Council working with him to allow him to attain the goals. He indicated that he was willing to accept the goals as presented and questioned the verbiage on the third item from the City Treasurer. He also noted that he would be happy to do monthly reports. Councilman Magee noted that the Mayor had requested the addition of "past performance" to the first paragraph, and noted that he would not be willing to evaluate that factor. He explained that he had not been his employee to review under past performance. MOVED BY MAGEE, SECONDED BY HICKMAN TO APPROVE THE GOALS AS AMENDED AT THE TABLE. City Attorney Leibold clarified that the amendments were regarding Gasby, RDA and CFD Information. She stressed the need to be clear on this action. She indicated that with respect to homeowner information on the CFD's, it was not an appropriate goal when it was not discussed in light of CFD financing. She suggested a report on what would be involved. Mayor Buckley suggested "investigate creation of a homeowner information system "; and written monthly progress reports on the goals to Council. He also suggested the addition of past performance as a factor for evaluation. THE MOTION WAS SO AMENDED, WITH APPROVAL BY THE SECOND AND CARRIED BY UNANIMOUS VOTE. 36. Status Report - Western Riverside County Multi- Species Habitat Conservation Plan. (F:76.4) City Attorney Leibold noted that this item was approved at the January 13th City Council Meeting, by a vote of 4 to 1. She noted that at the meeting numerous representatives from the County were present and there was a lot of discussion about the modifications requested by the Council. She further indicated that it was her understanding that the County would respond to the City and the direction was to hold off on noticing the fee ordinance until Page Fifty — City Council Minutes — March 9, 2004 there was a consensus or consent by the County that the City was compliant with the overall goals of the MSHCP and Measure A funds were not at risk. She indicated that to date she had received no response, except that they do not intend to respond. She further indicated that the JPA had been formed with those who have adopted the plan, and noted that 4 or 5 of the 14 cities had adopted the MSHCP without modification. She commented that the County was extremely busy in settlement negotiations with Murdock and provided an agreement with the City as a party, and later proceeded to settle without the City. She noted that while the County had settled with Murdock, she was not certain of the overall status of the litigation with the other plaintiffs. She addressed the Sauls Report that was adopted and incorporated in the Council's approval and indicated that it had been modified and clarified. She explained that there was an incorrect map for the Greenwald site, and an additional property had come to terms on the proposed set -aside for habitat acreage. She suggested if the Council were to reconsider their action on the MSHCP those modifications to the report -- should be considered as well. City Manager Watenpaugh indicated that staff met with the County staff and Mr. Sauls to go through the list of properties; and noted the public discussion of about 4,200 acres being already addressed. He clarified that it was actually only about 1,300 acres, and while the balance was being negotiated it was in the County, not the City. He advised that more parcels had now reached settlement, and the TT Group came to an agreement, but that has not been finalized yet. He further advised that he understood that the north part of Tuscany Hills had nearly settled, but stressed that anything outside City limits would be attributed to the County, not the City. He clarified that the City was not half way there, and stressed that there had been no contact or response from the County. He indicated that staff would send an additional letter to determine the City's status. City Attorney Leibold indicated that she thought from the County standpoint, with respect to modifications, if the County is one member, the issues need to be turned over to the new entity. She suggested preparation of a packet for consideration at the next meeting and presentation to the new entity. She •.. Page Fifty -One — City Council Minutes — March 9, 2004 commented that regarding the additional agreement with the County, she received a Memorandum of Agreement for the Mayor's signature, but the City has not been a party to the discussions and it has not been presented to the Council for consideration. Councilman Schiffner noted his participation on the new Board, which is a new JPA formed under the auspices of WRCOG, to administer the MSHCP. He advised that at the first meeting a month ago, some members of the board worked together on the Board or served as alternates for WRCOG. He commented that at the first meeting there was no staff for the group yet, and that was one of the items considered. He explained that the intent was for the County to supply staff for the Board, but at the last meeting in determining who was actually a member, those with the agreement were conforming and were members. He noted that Lake Elsinore included the amendments to provide a comfort level, which were sent, but no response has been received to date. He indicated at the second meeting of the Board, the attorney for the JPA told him, it was the legal opinion that Lake Elsinore was nonconforming, and as such not a member in good standing, with no vote. He indicated that four other cities were not allowed to vote either. He advised that he stayed for the meeting anyway and made some comments and requested that they resolve the issues of who was in or out. He indicated that he also mentioned the correspondence which had received no response. He advised that Mr. Lashbrook responded that the new Board would have to make the decisions, and Supervisor Buster made a motion to put the matter on next month's agenda and possibly they would put together a committee to meet with the attorney. He noted that they would probably ask that the attorney attend the meeting to give details and start negotiating a revision to vote on the changes. He indicated that right now the City was not in the ball game, but hopefully next month would begin to get involved on a committee or something. He commented that there was still a long way to go and many of the requested changes for the City, may not be as good for the County. He addressed the weighted voting, which gave the County absolute veto power and took some of the good away, because a lot of land was involved and the County had the ability to veto actions. Page Fifty -Two — City Council Minutes — March 9, 2004 Mayor Pro Tern Kelley commented that it was her understanding that after studying for months and coming up with modifications, and two supervisors saying the changes could be done, they will now have nothing to do with it. She commented that her guess was that the City would be non - conforming until it went with the exact County plan. She indicated that she was very disappointed with the County attitude that it was their way or the highway. Councilman Magee indicated that every fear he had about creating an unfriendly bureaucracy had come to roost when the City was denied the ability to vote. He commented that he was offended, deceived and betrayed by the County decision makers. He indicated that he would not forget the situation, they gave the City a deadline, put a gun to its head and said one thing, but then told the City's representative they were not going to listen to him. He commented that the whole situation was unconscionable. Councilman Hickman indicated that it had all been said, the County could ... not be trusted. Mayor Buckley noted that he was the main proponent of the MSHCP, and while he still believed in the plan, he was deeply irked. He concurred that there should be a presentation packet for the RCA for the next meeting. He suggested a Closed Session discussion of the strategy for meeting with the County staff and lawyers on how to lay it on the line. City Attorney Leibold concurred that the legal issues were for Closed Session discussion. Councilman Schiffner noted that he spoke rather strongly at the meeting yesterday. Mayor Buckley noted that the issue of conformance was discussed at WRCOG too, but at the prior meeting everyone was allowed to vote, even if they were nonconforming. City Attorney Leibold commented that it was interesting that the JPA was formed, and the County has the veto power, and the final say so. She suggested that a discussion with the County would be very advantageous. She indicated that she would prepare a package for presentation to the RCA committee in advance of the next meeting and will bring it to the next City Council Meeting. She Page Fifty -Three — City Council Minutes — March 9, 2004 commented that it was strange that the City had adopted the agreement, but were not considered part of the RCA. Council concurred that this matter should be revisited. Councilman Schiffner noted another matter, on which they took action, which he felt was a Brown Act violation. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Resolution No. 2004 -15 - Supporting the United States Troops & Commander -in- Chief. (F:168.1) City Manager Watenpaugh highlighted this item which was requested by Paula Graver; and explained that the Council would be adopting the resolution in recognition of the last year of activity. Paula Graver, 218 Ellis, commented that it had been a weird year of rallies, but they were still out there and not going away. She indicated that the Lake Elsinore Council was the first to pass a positive resolution in support of the troops, and requested a new resolution. She noted that Mayor Pro Tem Kelley would be reading the resolution at the rally on Saturday. Jill Wojcik, noted that her son was an A -10 freedom fighter pilot in Afghanistan, and was home and attended the rally after Christmas. She indicated that her son was touched by the positive responses to their efforts; and told Paula that what Lake Elsinore was doing was honorable and to keep it up, no matter what. She indicated that it was vital to continue to support the freedom fighters, and urged support of the resolution. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2003-15: RESOLUTION NO. 2003-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE PRESIDENT AND Page Fifty -Four — City Council Minutes — March 9, 2004 COMMANDER -IN -CHIEF AND OUR TROOPS IN THE MATTER OF DISARMING SADDAM HUSSEIN. 5. Deposit & Reimbursement Agreement between the City and Laing CP Lake Elsinore, LLC. (17:68.1) City Manager Watenpaugh explained that this was part of the responsibility associated with moving forward to consider financing of a CFD in the back basin. He further explained that this had moved forward in the past, and the finance team brought it forward at this point. He clarified that the developer would deposit $50,000 for the necessary studies and pay the fees, knowing that they still have to gain approval of the project. He further clarified that there would be no reimbursement of monies not spent. John Yeager, representing the applicant, addressed this application to form a CFD, noting that this just handles the fees for analysis of the request. He stressed that there was no obligation on the part of the Council to approve entitlement or the final CFD. He explained that they would not be back to the Council for the Resolution of Intention, until the entitlements were approved by the Council. He stressed that this was still the application phase and offered to answer questions. Chris Hyland, 15191 Wavecrest, noted that she obtained a copy of this item from the City and was quite amazed. She commented that the area had been through five or six developers in the past, and was bothered to see that it said the development would be 1,850 homes, with an elementary school in the middle of the villages. She inquired if the School District had approved the project for schools; and questioned why an elementary school would be constructed without District approval. Mr. Yeager indicated that the elementary school was proposed for the project and John Laing Homes was negotiating with the School District right now. He confirmed that the school would not be built without the consent of the School District. City Attorney Leibold indicated that she had -.. Page Fifty -Five — City Council Minutes — March 9, 2004 confirmed that they were in ongoing negotiations with the School District at a staff level. She commented that the proposed site was acceptable, but they were working on the terms and mitigation fees. Mayor Pro Tem Kelley noted that it was her understanding that Laing Homes recognized the fact that the deposit would give no guarantees, and ultimately the building plans needed to be approved. She stressed that this action would allow them to get ready for a CFD and do the appraisal and other studies. She further stressed that this was not issuing CFD's, but rather just beginning the process. She noted that pursuant to the development agreement they had the opportunity to develop in the City, and the City had agreed to assist where possible. She commented that there was a strict performance time line, and the Council was very sensitive to the number of developments proposed for the area that had not occurred. She indicated that the Council wanted to be sure there was a tight agreement this time, and suggested there was no reason to turn this request down. Councilman Schiffner commented that the City had some obligation to this organization to assist them in moving the project forward. He indicated that the only question seemed to be the time line, but noted that the best answer seemed to be the reverse mode on a critical path to get the project done on time. He suggested since they were putting up their money for staff time to do the work, and accepting that it was not an obligation on the City to issue bonds, it made no difference when they started the work, but by putting it off it could delay the project by four months. He indicated that the Council had been pushing this company to move forward for four years and he did not want to stand in their way now. He advised that he was in favor of starting the process with their money. Councilman Hickman noted that this Council had renegotiated some CFD's, and this was the first one the Council would create. He expressed concern that this action would be putting the cart before the horse. He suggested they could not create a CFD, before they knew what would be approved. Page Fifty -Six — City Council Minutes — March 9, 2004 Councilman Magee noted the staff report reference to the Development Agreement with Laing -Civic Partners, which called for financing of public improvements. He indicated that he read the agreement regarding initiation of efforts to cause the City to establish a CFD. He noted that it said nothing about the timing and whether it should be before or after the plans are submitted. He indicated that he was a bit uncomfortable approving the CFD before the houses. He noted, with all due respect, that when an attorney gives the presentation, his radar goes up. He commented that he was advised of the City policy to create the CFD before the land use comes to the City Council, but has seen no written policy on this specific issues. He indicated that he was uncomfortable and would abstain on this item, as he did not have enough information to make a decision. Mayor Buckley addressed Section 6.08 of the Development Agreement with Civic - Laing, LLC., regarding Mello -Roos Financing. He clarified that the City creates CFD's, but there is not technical obligation to do so, just a — spirit that the CFD would be created at some point. He addressed the issue of timing, and indicated that he had no problem creating CFD's, if he knew they would be able to pay for themselves, and right now they are all coming along pretty well. He suggested that he was unclear about the point of wasting time and money on a CFD that might be meaningless. He noted that he realized there was no legal obligation to the future by passing the agreement to start the CFD process, however, it would be perceptually presumptive in the public's mind and he was concerned about that presumption. He indicated that he was also concerned about the staff report on the number of homes, the elementary school, etc. and indicated that he did not know if the School Board would agree with staff's position on that issue. He addressed the possibility of delaying the beginning of the project, and stressed that it was a project for which the Council had not seen the map. He questioned starting the process when it could come forward at a later date, and the Council could say no. He stressed that this would then be wasted time. He addressed past Council changes and noted that there would be a policy manual review study session next month, and that was something that would need to come up for discussion. Page Fifty -Seven — City Council Minutes — March 9, 2004 City Attorney Leibold clarified that the formation of the CFD would not occur and was not contemplated until after the entitlements have come to the Planning Commission and the City Council. She stressed that this action was not the Resolution of Intention, which would start the formation. Mayor Buckley indicated that his comments would still stand. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 2 — 1 — 29 WITH COUNCILMEMBERS KELLEY AND SCHIFFNER VOTING YES, MAYOR BUCKLEY VOTING NO AND COUNCILMEMBERS HICKMAN AND MAGEE ABSTAINING FROM VOTE TO APPROVE THE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH LAING -CP LAKE ELSINORE, LLC. CITY ATTORNEY LEIBOLD CONFIRMED THAT THIS VOTE WOULD APPROVE THE ITEM. 7. Service Agreement for Pest Control of City Facilities - Robbins Pest Management - $2,640/x. (17:68.1)(X:161.1) City Manager Watenpaugh explained that this was an item for bids for a contract for pest control in public facilities. He advised that the current contract ends this month, and noted that Robbins Pest Control was the low bidder. He noted that Mr. Morton would also like to speak on this item. Bill Morton, Morton Pest Control, indicated that he had been dealing with the Stadium, since the day it opened and was very familiar with the work. He noted that he was the only one present for the bid opening on February 25th. He indicated that he had based his bid no power spraying of City buildings, and stressed that it did not say hand tank or back pack. He addressed the chemicals, manpower and equipment required to do the work. He noted that the company to be awarded the bid would be using a back pack to do the spraying. He stressed that the request was for power spraying and it should be required. Public Works Manager Payne thanked Mr. Morton for the fine work he had Page Fifty -Eight — City Council Minutes — March 9, 2004 done at the Stadium, but in the spirit of competition it was put out for bids, and Robbins Pest Control was the low bidder. He indicated that they walked the project with Robbins Pest Control and had been assured that they could perform the services. He recommended acceptance of the low bid, and noted that Mr. McDonough was present if there were questions. Mayor Pro Tern Kelley pointed out that if there was any doubt on the bidding, the bidders could submit a written request for interpretation and inquired if Mr. Morton had done so. Mr. Morton indicated he had not. Councilman Hickman suggested that if Robbins could do it, it would be good to give them a shot. Councilman Schiffner indicated that he could see the difference in equipment, but questioned the efficiency of dragging a hose around. He suggested it could be done easier with a backpack. He noted that the -- overall cost was less than half Mr. Morton's bid. He suggested giving Robbins a shot, and if they don't perform get someone else. Councilman Magee concurred that there was a significant cost difference, but commended Mr. Morton on a fine job. He noted that this was for a one year contract and he heard from Public Works Manager Payne that the contractor would be held to the same standard established by Morton, in their tenure. He noted that the bar had been set pretty high, but there was someone new who could do the work for considerably less cost. He indicated that he was o.k. with this approval, provided they did the work for one year and staff carefully analyzed the work before extending the contract. Mayor Buckley concurred and noted the comparison of bids between facilities, with the major difference being between Robbins and Morton for the Stadium. He suggested with the variation in costs on the Stadium, staff would need to be particularly careful. Page Fifty -Nine — City Council Minutes — March 9, 2004 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE BID OF $220 PER MONTH ($29640 PER YEAR) AS SUBMITTED BY ROBBINS PEST MANAGEMENT AND AUTHORIZED THE CITY MANAGER TO EXECUTE A CONTRACT, AS APPROVED BY THE CITY ATTORNEY, FOR A PERIOD OF ONE YEAR, RENEWABLE UP TO THREE YEARS. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:01 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 10:04 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Paula Graver, 218 Ellis Street, noted that the one year anniversary of the Support the Troops rallies was approaching, and detailed the events planned for Saturday, March 12th. She noted that the Mayor could not attend, but Mayor Pro Tem Kelley would be present to read the Resolution adopted by the Council. She reminded the community of the hours that military personnel serve 24 hours a day, seven days a week. She reiterated her vow that the rallies would continue as long as there are men and women in harm's way. Edith Stafford, 29700 Hursh, questioned if a three vote majority was required for an item to carry. City Attorney Leibold clarified that it required a majority of the City Council, but explained that abstentions count as affirmative votes. Mayor Buckley noted that the exception was for Ordinances. City Attorney Leibold further clarified the 2 — 1 — 2 vote. Mrs. Stafford indicated that she would need to review that information further. She noted that she really came to speak because she did not take kindly to statements that were made, which felt like an insult to her intelligence. She addressed the comments that Councilmembers would set goals for the City Manager with an ulterior motive; and disagreed that there were ulterior motives. She indicated that the voters wanted reform and she felt that was being attempted; and noted that there did not have to be agreement on everything. Page Sixty — City Council Minutes — March 9, 2004 She suggested that pointing out what was not agreed with would help to correct things. She suggested that acting like there were no problems was insulting her intelligence; and noted that for the first time she felt comfortable that something real was being done. She further suggested that the Council did not want her to tell them exactly what was going on before the public. Tom Solack, 33609 View Point Drive, indicated that he was the owner of a company and interested in a piece of property for his manufacturing business. He indicated that he found out today that it was commercial property, located next to E Z Products. He questioned the potential for changing the zoning to house his new facility with about 200 employees. Mayor Buckley noted that changes were made regularly, when deemed appropriate. He deferred the matter to staff. City Manager Watenpaugh indicated that staff could explain the requirements to Mr. Solack. George McDonough, noted that he had been a resident for 14 years and operated a �. small business. He commented on the growth of the community in that time, and the pending large retail development. He suggested that large retailers do not invest in a community with major problems. He commented on two individuals who degraded the community and noted a letter to the editor regarding the Whiskers story in the Californian. He chastised the Californian for the caliber of their reporting. He expressed concern with articles written by Will Bennett (The Californian) and Bill Reimbold (Elsinore Magazine), which were half truths. He indicated that he did not understand the disjointed logic. He addressed an article suggesting that Lake Elsinore Unified School District lost favorite teachers to mostly white schools, and challenged them to provide the names of the teachers and the schools. He suggested if they could not provide that information, they should keep their opinions to themselves. He commented that everyone had the right of freedom of speech, but not defamation. Peter Dawson, 18010 Grand Avenue, spoke as a concerned waterfront homeowner, and noted the presentation on water at the well dedication ceremony. He highlighted the point that 1 /3`d of the water would have to come from natural sources, which is rain. He expressed concern with Canyon Lake water being held ... Page Sixty -One — City Council Minutes — March 9, 2004 back for drinking water; and not being allowed to overflow to Lake Elsinore. He questioned why the City would partner with an organization that cheats and steals from the citizens of Lake Elsinore Valley. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Advised Mr. Askins that he would look into the policy for naming of the fishing beach and bring back a memo for direction from Council. 2) Addressed Donna Morin and noted that he appreciated the comments on the Water District's contributions. He noted that staff was working to put in the second door for access to the Cultural Center basement. 3) Addressed Lorraine Watts, and indicated that Councilman Magee had requested that he speak with Comcast regarding the broadcasts from the building. 4) Acknowledged the new appointees to the Commissions and Committees. 5) Thanked the Council for setting goals for him, and noted that he looked forward to accomplishing all of them. 6) Requested that if Mrs. Stafford knew of something going on, she should come in and talk to him. He noted that she had been in his office once before, as had Mrs. Hyland. He indicated that he would like to know what was going on. 7) Noted that the Council received material today from a Nevada Hydro Company, with four disks on the storage program, which he would look at and make available to the Council. Page Sixty -Two – City Council Minutes – March 9, 2004 8) Addressed the issues presented by Mr. Dawson regarding the holdback and pumping and noted that it was part of the settlement agreement to settle litigation. 9) Indicated that he had a couple of letters for the Mayor to review at City Hall. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Confirmed that the holdback and pumping of water was part of the settlement agreement. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley had no comments. Councilman Magee commented on the following: 1) Indicated that since the City was a party to the Water Agreement, he would like to get up to speed on it. He noted that he could see that the dam was ready to come over, and the facility was pumping. He requested a copy of the agreement so he could review it and get up to speed. 2) Addressed the Bond and Debt Study Session and indicated that it was very informative. He commended staff on the comprehensive materials presented and noted that they would be available at the front counter and the library for review and offered his copy for check -out. —r Page Sixty -Three - City Council Minutes — March 9, 2004 3) Noted that he was invited to watch the wells start-up last week and commented that it was a significant and historic event. He indicated that he was taken by the perspective of the valley from that vantage point and encouraged the community to participate in activities that center on the Lake. 4) Noted a complaint received last month from a resident, regarding services provided by the Animal Friends of the Valley, and indicated that he submitted it for response. He advised that he had received a two page response that went above and beyond the call of duty. He commended the Animal Friends organization for their work. 5) Addressed Mrs. Watts on her comments regarding the audio in the Cultural Center, noting he had brought the issue up a couple of times. He noted that the contract with Comcast was up in June of 2005, and suggested that this long term complaint be resolved soon. 6) Noted that at the Study Session today, he brought up a concern about the warrant list and a settlement he questioned a while back. He indicated that he had not yet seen the check from the former City Manager. City Manager Watenpaugh clarified that the warrant list was of expenditures, not receipts. Councilman Magee suggested that it should have shown up in the fund list. City Manager Watenpaugh indicated that the check had been deposited and he would be happy to provide a copy. 7) Noted the City Manager's weekly information memo and the attachments from the Police Department. He explained that it was a detailed list of items they were involved in and noted a situation in which a deputy who was on foot chasing a robbery suspect, shattered several bones in his hand and continued the apprehension and drove himself to the hospital. He stressed the special nature of law enforcement officers and commended the officers for their efforts. Page Sixty -Four — City Council Minutes March 9, 2004 Councilman Hickman commented on the following: 1) Indicated that the dinner for Whiskers on the 13th, had been cancelled and provided the address for donations. 2) Thanked those involved in the memorial service for Whiskers for their contributions to the event. 3) Thanked the Water District for the Well Ceremony. 4) Noted that he was serving on the RTA Operations Board and they had initiated a program for seniors and disabled riders. He explained that if they called for a ride and one was not available, they would call them a taxi, and it would cost the individual $1.50 to get around. He commented that one of his interests was to see how to get buses running for seniors and other residents. Councilman Schiffner commented on the following: 1) Requested that the 'City Attorney's office put together some answers to the comments that Pete Dawson had made. He noted that there was some confusion, but he was sure the current license allowed them to proceed as they were. 2) Wished that all meetings could have the crowd in attendance, like the Country Club Heights meeting, noting that it was invigorating to see that many interested people. Mayor Buckley commented on the following: 1) Addressed the naming of the fishing beach, and suggested that an action item be brought back to the next meeting. He noted that he had discussions at the memorial and talked with family members and a permanent recognition of his efforts was mentioned. Page Sixty -Five — City Council Minutes — March 9, 2004 2) Thanked everyone for their willingness to serve on commissions and committees. 3) Noted that the Island Wells were extremely important and commented that it was a Chamber of Commerce Day. 4) Announced the Study Session on Goals and the Capital Improvement Budget scheduled for Thursday, March 11, 2004 at 5 p.m. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 10:25 P.M. THQM CKLE MAYOR CITY OF LAKE ELINORE AT EST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MARCH 11, 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 5:09 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KELLEY, MAGEE, SCHIFFNER, BUCKLEY HICKMAN (Councilman Hickman arrived at 5:14 p.m.) Also present were: City Manager Watenpaugh, Assistant City Manager Best, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Police Chief Walsh, Engineering Manager Seumalo, Finance Manager Magee, Information/Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. DISCUSSION ITEM Capital Improvement Budget & Goals. (F:30.3) City Manager Watenpaugh noted that this was the first in a series of Budget workshops, as established during the Mid -Year Budget Review. He suggested starting with the assumption that the Goals in Item 4, were the areas of concern for goals. He further suggested that rather than setting specific goals at this time, if the proposed broad goals were appropriate, they would be the general parameters Page Two — City Council Study Session — March 11, 2004 - to be addressed by the budget. He indicated that staff would like to begin with Capital Projects for a two fiscal year budget; and refine the budget to more specifics as the Council went through the budget process. He noted that the goals could either be left broad or fine tuned at the Council's discretion. He introduced Public Works Manager Payne, Engineering Manager Seumalo and Finance Manager Magee, noting that they had been instrumental in the process. Councilman Hickman arrived at 5:14 p.m. Mayor Buckley questioned if the Council had more goals or suggestions for the goals as proposed. It was the Council consensus to proceed with the presentation. Engineering Manager Seumalo explained that this would be a first draft of the Capital Improvement Budget, and thanked Mr. Pressey, Ms. Magee and Ms. Barrozo for their assistance in the preparation of this material. He highlighted the format of the document from the table of contents. He provided a summary of the available funding for the years presented and a list of projects by type, location and project description. He explained the changes that would be made to the format for the final document with maps for each individual project; and indicated that with feedback from this meeting he would complete the document and redistribute for Council's use. He noted that the final document would include tables showing costs of administration, acquisition costs, utility costs, construction costs and contingency funds. He introduced Public Works Manager Payne for presentation on the Pavement Management Program. Public Works Manager Payne introduced staff members in attendance at this meeting, including Del Turk and John Unsworth, and thanked them for their efforts. He presented the Council and public with the Public Works Mascot, P.W. Paws, and noted that their motto, is "Public Works, Works for You ". He indicated that he would be requesting increased funding for preventative maintenance of public streets. He explained that they had spent $245,000 annually since 1996 and provided a map of the streets that funding would address. He further explained that he was requesting incremental increases to $600,000 next year, and progressing to $1 million for the next four years. He stressed that this was Page Three — City Council Study Session — March 11, 2004 important to protect the City's investment in streets which was about $130,000,000. He detailed the life cycle of pavement and the preferred timing to reduce costs for maintenance. He explained that the Pavement Management System was implemented in 2002, by determining the value of the street inventory and establishing a preventative maintenance program. He further explained that there were various forms of preventative maintenance including slurry seal, asphalt overlay, crack sealing, minor removal and replacement or patching. He commented that the system was helpful in providing information on the current street inventory, the condition rating for all streets, and the best time to perform maintenance. He explained that the standards for the system were set up by the Army Corps of Engineers. He noted that the average street in Lake Elsinore, rated 77 or very good. He explained that the best time to do street work was when the street was still rated fair to good. He noted that the proposed increase to $1 million, would maintain the streets at the lowest cost factor for repairs, for a total of $4.6 million over the next five years. Mayor Buckley questioned if there were neighborhood averages, and specifically questioned the streets downtown. Public Works Manager Payne noted the data base material was provided in the materials presented. Mayor Buckley inquired what condition a street would be in to rate a zero. Public Works Manager Payne indicated that it would be a paved road, with base material that needs to be torn out and redone. City Manager Watenpaugh commented that the older sections of Sunnyslope would be a good example. Public Works Manager Payne concurred that Sunnyslope would be in the bottom third. Community Services Director Sapp noted that an example of a zero would be Franklin Street, near Chestnut and Dutton. Mayor Buckley questioned what would rate a 70. Public Works Manager Payne pointed out the listing of street ratings in the material presented, noting that they could be found randomly or in alphabetical order. Mayor Buckley noted that Graham Street was about an 80. Public Works Manager Payne confirmed and stressed the value of this tool. Councilman Schiffner questioned if this included the mileage for all right -of -ways. Public Works Manager Payne clarified that it was only for paved roads and did not address the approximately 22 miles of dirt roads. Page Four — City Council Study Session — March 11, 2004 City Treasurer Weber noted that he had to leave this meeting, but indicated that he was impressed with the work included in the materials presented. He inquired if there was a priority list, if the full funding was not granted. Public Works Manager Payne explained that the system was objective and would kick out streets based on whatever amount of money was dedicated to the program. City Treasurer Weber inquired if there was a software program for this programmed maintenance. Public Works Manager Payne confirmed that the information was in a data base; and explained that the list was compared to what the Council and community brought to staff. He explained that this was just another tool in deciding which streets were in need of rehabilitation. He presented a map of the five year plan and the anticipated timing for each area. Mayor Pro Tem Kelley noted the $1 million figure and questioned what percentage of the streets were in the 40's and below. Public Works Manager Payne indicated that those streets were not addressed in maintenance, but would instead be included in the Capital Improvements Budget. He advised that major -- rehabilitation work in excess of $1 million was done annually. Community Services Director Sapp clarified that the objective of the program was to keep the streets from deteriorating and falling into the bracket needing complete rehabilitation. Mayor Pro Tem Kelley commented that the material presented was an amazing document, and noted that it had not been spelled out this way in the past. Councilman Schiffner noted that this was one of staff's accomplishments over the last couple of years. Mayor Pro Tem Kelley questioned the improvements contemplated and if they would bring a street rating of 50 to 100. Public Works Manager Payne indicated that it would bring the streets back into the 90's. Councilman Magee commented that this was the discussion of a large financial increase; and questioned if staffing level increases were anticipated as part of the initial funding. Public Works Manager Payne indicated that the work would continue to contract those services at this point, but down the road, it would be necessary to look at the cost of contracting to determine if some of the work should come back in- house. Councilman Magee inquired if it would be possible to slow the process down a bit and still see an overall savings; and questioned if the budget could show what projects would drop off with reduced funding. He Page Five — City Council Study Session — March 11, 2004 questioned the danger in using smaller incremental increases. He suggested that smaller increases would give him a better comfort level, but he wanted to be sure it was the right path. Public Works Manager Payne indicated that staff could provide those scenarios, but recommended the $600,000 as a minimum per year Councilman Magee inquired where questions on this material should be directed. City Manager Watenpaugh suggested with the Budget time line, that questions could be e- mailed to Mr. Payne to allow him to address the questions, and he could share them with the City Manager. Mayor Buckley noted that spending more now, would save later; and questioned how much money would be saved by spending more ahead of time, over the long term. He questioned what the costs would be for 10 years from now and what the savings would be. Councilman Schiffner suggested when the levels of maintenance were established, it would be easier to see what would fall off the plate for funding. Public Works Manager Payne indicated that at this time the amount was $10 million, that had already fallen off the plate, for rehabilitation to the 90's. Councilman Schiffner suggested that after they fall off the plate it might actually cost eight times instead of four times as much; and stressed the expense of waiting too long. Mayor Buckley questioned the possibility of making the target rating in the 80's, instead of the 90's. Councilman Schiffner commented that lowering the level to 80, would mean that they would fall off the plate sooner and accelerate the rate of deterioration. Community Services Director Sapp clarified that the final ratings were based on maintenance. Public Works Manager Payne clarified the numbers for the condition before and the condition after. Mayor Buckley noted that right now Graham from Main to Chaney was between 74 and 78, and it would go to 80 to 84. Councilman Schiffner noted that the key was to keep water from getting under the pavement, so it was a question of the condition that looked like water might get into the pavement. Councilman Hickman commented that it was interesting because he drove Railroad Canyon every day, and noted the sprinkler system near Grape Street. He questioned who patches the holes, since the holes cause potholes. Public Works Page Six — City Council Study Session — March 11, 2004 Manager Payne clarified that during rains, they use a temporary patch and come back to remove and replace the area. He explained that they would dig out the base if necessary and put in a new asphalt base. Councilman Hickman noted the cuts being made in the street, leaving potholes. Public Works Manager Payne indicated that they were getting on the utility companies to have them come back in and make the repairs; and complimented the Water District on their repairs. Councilman Hickman indicated that Railroad Canyon was going to the birds, and he was concerned with the people driving on the streets. Councilman Schiffner commented that a Public Works Inspector was needed for every project when a street was cut, but there was not that level of staffing. He stressed that would be the only way to get it done right. Councilman Hickman questioned if there was an ordinance to require repairs. Engineering manager Seumalo indicated that there was a policy for repairs and the inspection staff would be getting a handle on the issue. He concurred that the Water District had done a good job of repairs, and noted that another water line project would be coming down Railroad Canyon Road. Mayor Pro Tem Kelley commented that she was getting complaints that Terra Cotta and Lakeshore was still bad after it was repaired. Public Works Manager Payne indicated that staff was addressing those concerns. Councilman Hickman expressed concern with the people calling him to let him know about problems. He noted that he met with Bill Kipp and heard what he had paid for streets. He questioned if staff was checking for problem areas. City Manager Watenpaugh indicated that CR & R kept lists of problem areas, but had not been forwarding to the City recently, but that would be corrected soon. Chris Hyland, 15191 Wavecrest, questioned streets that don't exist; and noted that she had commented in 1999 that Machado Street had to be repaved. She stressed that the only work that had been done was to fill potholes, and it was like a roller coaster. She questioned the list of streets to be repaved. City Manager Watenpaugh indicated that the list would be adopted as part of the budget. He clarified that the Council had a complete list of the proposed or needed projects, but for a number of reasons projects might be elevated or lowered on the list. He Page Seven — City Council Study Session — March 11, 2004 stressed that the City Council would be making the final list. Councilman Schiffner noted that this was the first time the City had an inventory like this to show the condition of all of the streets. He noted that they had been doing the streets as they saw the need, but this was a more well organized approach. Mrs. Hyland indicated that she was not against spending money on streets. Ron Hewison, 35 Villa Valtelena, addressed the pavement life cycle, and questioned the life of a road. Public Works Manager Payne indicated that the average street lasted 25 to 30 years. Mr. Hewison questioned the timing for slurry seal. Public Works Manager Payne indicated that the schedule would call for a slurry seal every seven years. Engineering Manager Seumalo stressed that the material presented was a living document and changes were being made, even during this discussion. City Manager Watenpaugh noted that each individual project was presented separately and offered to have staff detail them. Mayor Buckley questioned the Capital Improvement Project list. Engineering Manager Seumalo indicated that some projects in the document were unfunded, and clarified the projects that had been included. Mayor Buckley questioned the Police, Fire and Lake Master Plans. City Manager Watenpaugh indicated that a series of master plans were being added; and additional studies were being considered such as public facilities like a civic center, etc. He stressed that this was not a complete list, but a series of past discussions that had been included. He commented that he would assume the Council would have several additions. Councilman Magee clarified that the unfunded project list, was a wish list put together by staff over the past few years; and during the budget process the Council might take things off the wish list and fund them, or there could be additions to the list. City Manager Watenpaugh confirmed the ability to add or delete items. Councilman Magee indicated that the Grand /Ontario Landscaping needed to be added to the list. Mayor Buckley questioned the Swick - Matich Restroom funding in multiple years. Page Eight — City Council Study Session — March 11, 2004 Community Services Director Sapp clarified that it had been rolled over due to timing of the project. Councilman Magee questioned the map on Page 23 for Lincoln Street Park, and inquired if it was in fact identifying Mrs. Wilsey's property for the park. Engineering Manager Seumalo indicated that these maps had been prepared by GIS, and if the locations were vague, they made their best guess from the project description. City Manager Watenpaugh clarified that it was across the fence from Mrs. Wilsey's property. Mayor Pro Tem Kelley questioned the Library budget, and the balance of the fund. City Manager Watenpaugh indicated that there would be $661,000 in the fund for the coming year. Mayor Pro Tem Kelley questioned the possibility of the City participating in the new Library at the new High School. City Manager Watenpaugh indicated that there had been discussions, but to date there was no formal request. He noted that he would be meeting with Superintendent Lindsey -- in the near future. Councilman Schiffner questioned if the revenues were based on the housing increases. Administrative Services Director Pressey confirmed that it was based on an estimate of dwelling units over a period of time; and noted that he looked at the units proposed for each future project. He detailed the break -out per unit. Mayor Buckley inquired if there was $1.6 million in the Library fund, if the School District was going to ask the City to spend a lot of that on the new High School site. He noted he would like to expand the annual contribution to books, etc. Mayor Pro Tem Kelley indicated that she assumed that the Library at the High School would use more County and School dollars; and noted that a new Library was needed downtown, at this point. She commented that the City was providing $40,000 annually to upgrade the collection, but they were running out of room. Mayor Buckley noted that the Lake De stratification Project was a pass- through from LESJWA; and questioned the boat launch improvement funding and if it would all be used at the campground. Lake /Aquatic Resources Director Kilroy qw. Page Nine — City Council Study Session — March 11, 2004 indicated that it was all for the boat launch at the campground. Mayor Buckley inquired if this was a match for the grant. City Manager Watenpaugh clarified that the grants had been reduced, so while the project will still be authorized, the City will have to build the full facility and come up with the balance of the funding. He noted that general fund dollars had been requested, but were not committed at this point; however committing the dollars would be considered with the entire budget consideration. Councilman Hickman addressed the boat launch and questioned the water level for use of the existing boat launch. City Manager Watenpaugh indicated that the water level needed to be at 1,240'; and noted that the level was coming up a little, but not very much. Lake /Aquatic Resources Director Kilroy indicated that the lake was at about 1,236.72'. Councilman Hickman inquired if the facility at the campground would be restricted. Lake /Aquatic Resources Director Kilroy indicated that it would work at almost all levels. City Manager Watenpaugh noted that the bottom of the lake was lower in that area. Mayor Buckley commented that the campground would be able to launch at almost any level, except extreme flooding times. Mayor Buckley returned to the goals section. City Manager Watenpaugh clarified that if the categories listed were the areas of concern, the departmental budgets would have more specific goals and benchmarks. Mayor Buckley inquired if there were additions to the list. Councilman Magee addressed the Community Services Center and Department and indicated that could be included in a couple of categories. City Manager Watenpaugh indicated that he took the goals for the Manager and lumped them into more general categories, but there would be more specific information in the Community Services and City Manager's Office budgets. Councilman Hickman indicated that he would like to digest the information to be sure what was being done; and be able to address each department. Councilman Schiffner had no further comments. Page Ten — City Council Study Session — March 11, 2004 J.J. Swanson - O'Neal, commented that there was no second chance to make a first impression; and stressed the first impressions of Lake Elsinore, as a City. She stressed the need for Country Club Heights light standards, and landscaping in the downtown. She noted that the sidewalks and trees needed to be expanded beyond the downtown. She indicated that the public would be willing to participate. She suggested clean -up, design and maintenance of the areas adjacent to the off - ramps. She indicated that it was important to ensure that projects were done in a timely manner, and stressed that the Council should not underestimate the ability of the community to assist with projects. She suggested giving Lake Elsinore a chance to make a great impression, with aesthetic beautification. Mayor Pro Tem Kelley questioned the budget for on/off - ramps, noting that it was a Caltrans project and they were moving forward, supposedly to do one a year. She questioned the status. City Manager Watenpaugh indicated that he had not heard, but staff would be requesting work on the Highway 74 ramp. He indicated that he would try to get a schedule, but he would guess that the work would not be done this year. Ms. Swanson - O'Neal questioned the ability to maintain and plant in the off -ramp areas. City Manager Watenpaugh indicated that the City could design the projects and go to Caltrans to get buyoff, but that requires that the City pay for maintenance, otherwise the City could not touch it. He commented that it was not possible to pick up trash, unless the City wanted to do it permanently. Ms. Swanson - O'Neal questioned the ability of citizens to participate in clean -up, rather than City staff. City Manager Watenpaugh noted the "Adopt a Freeway" program for clean -up participation by businesses. Mayor Pro Tem Kelley noted that some of those participants also clean the off - ramps. City Manager Watenpaugh confirmed. Engineering Manager Seumalo indicated that he could contact Caltrans and get information on the program. Mayor Buckley noted that a new company had been formed for hire to do the work for the company that adopted the area. City Manager Watenpaugh noted that back in the early to mid -90's, staff was directed to develop landscaping plans for all interchanges; and the City still had concept plans for each off -ramp, but it was very expensive and the work stopped with the plans. Mayor Pro Tem Kelley commented that Caltrans was not working in a timely manner. City Manager Watenpaugh noted that in the past they had done the work, and called the City when they needed assistance with their -- Page Eleven — City Council Study Session — March 11, 2004 water meter. He indicated that he understood the plan was for Railroad Canyon next and then Central Avenue, but he guessed that the budget had been cut and they would not do the work for a while. Councilman Schiffner noted that the budget was so bad, that the RCTC had loaned $30 billion to get the freeway intersection at the 210 started. Mayor Pro Tem Kelley questioned the price tag for the designs. City Manager Watenpaugh indicated that staff could get a number, but the difficult part would be based on the existing ramps, and would not be accurate if the ramps were changed. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 6:16 P.M. THOMAS BUCCkLEY, MAYOR CITY OF LAKE ELSINORE ATTEST: V SAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2004 CALL TO ORDER Mayor Buckley called the Joint Study Session to order at 4:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was one item for closed session. Real Property Negotiations with properties involved in the Wasson Canyon Investments Agreement; participating parties were Wasson Canyon Investments, Southshore, and City of Lake Elsinore. She indicated that a Special Notice had been issued for 5:00 pm, to discuss Elsinore Christian Center in closed session. PAGE TWO -STUDY SESSION -MARCH 23, 2004 Consent Calendar 1. Minutes — Councilman Hickman commented on Item lb page 16 of 23 that there was a typo. Mayor Buckley commented on Item 1 c page 32 of 65 item 23 at the bottom of the page to add the statement — "a continuance of this item ". He also indicated there was a typo on page 46 of 65 second paragraph eighth line down. He noted that on page 48 of 65 the first line that he was not questioning if the City was run better than it use to be, the question was, if it was run well enough. 2. Warrant List — Councilman Magee requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Magee requested clarification on check #77067 Powerland MMM Equipment for $14,990. Lake & Aquatic Resources Director Kilroy explained that was for the mowing of the back basin levee slope. He commented they had problems for years trying to have that mowed and the brush was very heavy. Councilman Magee inquired if the equipment was actually purchased. Mr. Kilroy indicated the equipment was not purchased the fee was just for the mowing on the steep slope. Councilman Schiffner inquired how often that slope would need to be mowed. Mr. Kilroy explained that in the 90's there was difficulty maintaining that slope; and there were bids of over $40,000 to do it by hand. He commented there was test cutting this year to ensure the equipment used would work. City Manager Watenpaugh noted this item was presented to Council at a previous Council Meeting for authorization to fund and contract the item. Mr. Kilroy indicated that it was part of the mid -year budget review. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. PAGE THREE -STUDY SESSION -MARCH 9, 2004 Mayor Buckley requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. 3. Resolution initiating proceedings and approving the Engineer's Report for the annexation of certain Territory known as the Amended Pepper Grove Tract into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No.2. Administrative Services Director Pressey commented that the developer came in after the Engineer's Report had been published and adjusted the square footage of the Landscaped area that was to be assessed; there were some numbers that had changed. Mr. Pressey offered to read the numbers or provide Council with a revised copy. He noted they were adding 360 sq.ft. at 32 cents a square foot and increased by $300. The first number change was on page 13 of 20 from 22,300 sq.ft. to 22,560 sq.ft. Mayor Buckley inquired if the item needed to be pulled from the consent calendar. City Attorney Leibold explained that the change could be noted in the motion on consent, but it did not need to be pulled. 4. Resolution of Intention to Establish CFD No. 2004 -1 (City Center Townhomes). Councilman Hickman requested clarification that they were asking for a $5 million CFD. Administrative Services Director Pressey explained that it was not to exceed $5 million. Mayor Buckley requested clarification that it was for phase 1 and 2. Mr. Pressey confirmed that it was for phase 1 and 2. Councilman Hickman suggested a $ 2 million CFD. Mr. Pressey commented that the $5 million gave "wiggle" room. Mr. Pressey indicated that it would be issued for $2 million, but the not to exceed amount was normally rounded a lot higher than was actually needed. Councilman Magee indicated that Phase 1 had been approved and Phase 2 was going before Council that evening and also the CFD, it seemed as PAGE FOUR -STUDY SESSION -MARCH 23, 2004 though Council and Staff was handling this project different than Laing Homes and requested clarification as to why. He was told that policy was the CFD could go first and he was more comfortable with items coming either at the same time or land use decisions being made before those types of decisions were made. City Manager Watenpaugh indicated that there was discussion about possibly pulling this item and bringing it all back at one time. The intent was partly because the developer apparently was moving to finance and sell the project. Councilman Magee reiterated that he needed clarification as to why this project was being handled differently than Laing two weeks ago. Administrative Services Director Pressey explained that two weeks ago for Laing Homes it was a Deposit and Reimbursement Agreement; the developer provided $50,000 towards the cost of researching the feasibility. He explained for the City Center Townhomes Project that was approved by Council around the beginning of February, 2004. Councilman Magee noted according to the staff report it was January, 2004, but Phase 1 of this project would have been approved before January, 2004. Mr. Pressey confirmed. Councilman Magee reiterated the land use approval came first before any action on the CFD. City Manager Watenpaugh commented that part of that was driven by the developer. Councilman Magee explained that he brought up the issue because two weeks ago he was told there was a specific policy. City Attorney Leibold explained the policy as she recalled dealt with CFD's and what needed to be in place prior to bonds being issued and the maximum amount of the special tax. 5. CEQA Compliance Documents. Councilman Magee commented that Albert Webb & Associates had an outstanding reputation in the County. City Manager Watenpaugh commented that the normal process was that staff went ahead and brought in a consultant, but due to the amount of money and the questions in terms of spending, staff thought it was important to bring it forward to Council to review. Councilman Magee inquired about the time schedule and if the process had already started. Community Development Director Brady commented that -- PAGE FIVE -STUDY SESSION -MARCH 23, 2004 since it was a cost recovery, the City controlled it rather than having the applicant control the consultant to prepare the environmental document, which was a City document and they then deposited the money with the City and the City reviews and controls the documents. He noted under the new policy staff brought it back to the City Council for approval due to the amount, so the schedule would be revised. 6. Assignment and Assumption of Development Agreement from Como at Tuscany Hills Corporation to Pulte Home Corporation. Councilman Magee commented that there was a typographical error in the staff report regarding the tract number. PUBLIC HEARING 21. General Plan Amendment No. 2003 -03 Mayor Buckley commented he was driving by the townhomes built near the Lowe's in Murrieta and indicated that they were on top of each other. Mayor Pro Tern Kelley commented that they were originally supposed to had been apartments that turned into townhomes, so basically you really have an apartment product. She also commented that across the freeway in Murrieta some of the others were built specifically for condos and the layout was different. Community Development Director Brady commented that the topography variation on the site would also break up the clustering effect. Councilman Hickman inquired if the City charged on the formula for low and moderate income houses. City Attorney Leibold explained that redevelopment law required the Agency to produce affordable housing within the redevelopment project area boundaries equal to 15% of all newly constructed dwelling units. It did not mean that each project had to put 15% aside. She noted what she had encouraged and worked with the Community Development Department to do was for residential projects that were within redevelopment project area boundaries to include a requirement so there was a fair share of participation being contributed to the Agency for low and moderate income housing fund. Councilman Hickman inquired about the PAGE SIX -STUDY SESSION -MARCH 23, 2004 $1.30 per square foot. City Attorney Leibold explained it was a negotiated number, because there was no City Ordinance at this time to address the issue. Councilman Hickman suggested something more standardized. City Attorney Leibold concurred. BUSINESS ITEMS 31. Second Reading- Ordinance No. 1116 — Public Safety Advisory Commission. Councilman Magee noted there was a typographical error under Section 2.46.030 last sentence. He indicated there was an issue with the language in 2.46.040 and 2.46.050 relative to the term of office and deferred to City Attorney Leibold. City Attorney Leibold indicated staff needed clarification, the item as it was presented in the agenda packet provided for the Mayor to designate the initial Chairman and Vice Chairman and the terms would run through July 1, 2005; through discussion at the Council Meeting the provision in 2.46.040 was revised so the Mayor was selecting only the initial Chairman and the Vice Chair would be selected from a majority of the membership of the Commission. She believed what the Council intended was the office of the initial Chair would run through December 31, 2004, but what they failed to do when making the revision to 2.46.040 was to pick up the revision necessary in 2.46.050 for it to make sense. Councilman Schiffner indicated that there was a paragraph that was left out indicating they would make their recommendations in writing to the City Council. Mayor Buckley noted that 2.46.060 E, stated the Commission should report to the Council on a regular basis. Councilman Schiffner indicated that was the only part that indicated the Council was involved. He commented any report the Commission had should come to the Council. Section E. only stated they would report to Council on a regular basis. Councilman Magee suggested including: The Commission may report to Council at any time, but not less than once per quarter. Councilman Schiffner agreed with including the statement. PAGE SEVEN -STUDY SESSION -MARCH 23, 2004 32. Acceptance of Planning Commission Resignation -John Barnes. Councilman Magee indicated that he was told last week that Mr. Barnes had already moved out of town and requested clarification. City Manager Watenpaugh commented that he would be a resident until April 7, 2004. Councilman Magee noted Mr. Barnes' letter stated he would continue through the April 6, 2004 Planning Commission Hearing. Councilman Magee commented if he had already moved, he did not feel it was appropriate for Mr. Barnes to be a Commissioner for a vote on anything; and he was told last night the Laing Project would be on the April 6, 2004, agenda. Community Development Director Brady indicated Mr. Barnes was in City Hall earlier and he understood Mr. Barnes to still be living at his home. He noted Mr. Barnes had been one of the most ethical and outstanding Commissioners and did not think he would sit on a Commission if he was not still living in the City. Mayor Pro Tem Kelley commented that the letter indicated "as of April 9, 2004 ". 33. Ordinance No. 1118- Amending LEMC Section 6.04.020. Mayor Buckley indicated there was a representative from Animal Friends of the Valley that would like to speak on the item. Anne Washington, Animal Friends of the Valley, indicated that they were requesting the Council increase the dog license by five dollars. She noted during meeting that was held between the four cities it was suggested that all the cities had the same fee structures for their licenses. The City of Lake Elsinore was the schedule they chose to follow with the exception that the altered animal license be raised from ten dollars to fifteen dollars for one year. She noted from January until now the City would have had an increase of $8,500 in revenue; the revenue offsets the dollar amount the City pays for animal services. Councilman Schiffner inquired about the fees for seniors. Mrs. Washington noted the fee for seniors would not change. PAGE EIGHT -STUDY SESSION -MARCH 23, 2004 34. Ten Year Extension for Tree Trimming Agreement. Councilman Hickman inquired about the ten year extension. Parks & Open Space Manager Fazzio explained that the City would be able to keep the prices for ten years with no increase at $41.00 per tree. City Manager Watenpaugh noted page 7 of 13 Item 11, gave the City the opportunity to terminate if they were not meeting the needs and the contract would come back annually for Council review. Councilman Magee requested clarification that the contract could be cancelled by the City Manager or majority of the Council at anytime. Mr. Fazzio confirmed. Councilman Magee clarified that work was going to be authorized by staff, budget approved by Council annually and an annual review of the performance. City Manager Watenpaugh confirmed. 35. Records Access /Copy Expense. No comments. 36. Memorial Honoring Bill "Whiskers" Tucker. City Manager Watenpaugh indicated the family should be attending the evening Council Meeting. He indicated that the Council had not decided what type of memorial. Mayor Buckley inquired if the family wanted the Cove or the Beach. City Manager Watenpaugh indicated that staff had not discussed the issue with the family, they had requested in the petition the north fishing beach. City Manager Watenpaugh suggested a bronze plaque similar to the one given to Mr. Vasquez. Councilman Schiffner suggested including a small catfish head on the plaque, since Mr. Tucker received so much prominence from that. Councilman Magee suggested clearing that idea with the family so as not to offend anyone. PAGE NINE -STUDY SESSION -MARCH 23, 2004 Councilman Hickman suggested putting the memorial plaque in the park where the City had more control to prevent graffiti. Councilman Magee reiterated the family requested the location. 37. Amendment to Land Development Agreement, Temporary Land Transfer Agreement and Irrevocable Escrow Instructions with Wasson Canyon Investments, L.P. City Attorney Leibold indicated that this was the agreement Council approved in November that was discussed under real property negotiations in the past couple of meetings. She noted this was one of the last troubled CFD's and the temporary transfer of the title to the City to allow the County to release certain property tax, penalties and interest and the security of the City to ensure it was paid under the terms of the agreement. 38. Lake Elsinore Management Plan. City Manager Watenpaugh indicated he had a written request from John Laing Homes to have the item deferred and brought back at the time Council reviewed the entire project. Michael Filler, John Laing Homes, indicated that they had worked out some mitigation measures to modify the existing permit and reissue the permit. The Army Corps of Engineers requested the three copermitees be on the same page with the items per the mitigation plan and that was the purpose for the request that letters were sent out. 39. Multi- Species Habitat Conservation Plan Update. Mayor Buckley commented on April 12, 2004 at 2 p.m. at the County Counsel's Office they were making two Supervisors and their staff available to meet with himself, Councilman Schiffner and Staff. He indicated that the first letter page 5 of 35 of the staff report second paragraph second sentence he wanted out of the letter. City Attorney Leibold noted that the following sentence would not coincide with the letter. Mayor Buckley continued to the second letter page 35 of 35 of the staff report second paragraph, third line PAGE TEN -STUDY SESSION -MARCH 23, 2004 would need to be removed. He also indicated that in the fifth paragraph, last sentence needed to be reworded. Councilman Schiffner indicated that the last meeting the RCA had they violated the Brown Act by making changes in their direction after the meeting and included it on the next agenda; and noted he was not happy with the way they were doing things. Councilman Magee indicated that the development community had a problem now that the City Council approved the MSHCP. He noted for two months the County had done nothing and ignored the City of Lake Elsinore. He commented that the reason Supervisor Tavaglione and Supervisor Ashley were involved was due to lack of assistance from the First District. He commented Mr. Sauls who represented 15 developers in the area could not move forward. He indicated the County stated they would help calculate and move forward and for two months had done nothing and told our City Attorney they were not going to do anything. He noted the City was now in a tight spot along with Mr. Sauls and his clients and City staff. He commented the Council needed to provide direction. Councilman Schiffner commented that the County indicated to him they had no intentions of answering the City; it was not their job anymore. City Manager Watenpaugh clarified that was told to the RCA Board. Councilman Schiffner indicated that at the last meeting Supervisor Buster made a motion to have the issue put on next month's agenda. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. PAGE ELEVEN -STUDY SESSION -MARCH 239 2004 BUSINESS ITEMS No comments. PUBLIC FINANCE AUTHORITY Chairman Magee gave an overview of the PFA Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:30 P.M. TIIOAA�BUCK "Y, MAYOR CITY OF LA ELSINORE RYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY PAGE TWELVE -STUDY SESSION -MARCH 23, 2004 Respectfully submitted, / rederick Ray, De uty City Clerk AT ,TEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2004 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Buckley at 5:40 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazziq Recreation and Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) Elsinore Christian Center v. City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinore (United States District Court Case No. CV 0 104842). City Attorney Leibold announced the Closed Session Discussion Item as listed Page Two — Special City Council Meeting— March 23, 2004 above. THE SPECIAL CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:41 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION Mayor Buckley reconvened the Special City Council Meeting in public sessin at 7:07 p.m. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session on the above listed matter, with no reportable action. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 7:10 P.M. ATTEST: A , JMC,. CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE THOMAS B KLEY, MAYOR CITY OF AKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 23, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:40 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation and Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) (F:40.1) Property: Assessor Parcel Numbers 347 - 330 -045, 347 - 330 -046, 347 -330- - 051, 347 - 330 -50, 347 - 330 -052, 347 - 330 -053, 347 - 330 -019, 347- 360 -004, 347- 360 -0059 347 -360- 03, 347 - 250 -006, 347 - 250 -007; 347 - 250 -008, 347- 350 -003; 347 - 350 -014; 347 - 350 -015; 347 - 360 -006 and 347 - 360 -007 Page Two — City Council Minutes — March 23, 2004 Negotiating parties: Wasson Canyon Investments, L.P., A California Limited Partnership, South Shore Properties, LLC, a Nevada limited liability company, the Treasurer of the County of Riverside and the City of Lake Elsinore Under negotiation: terms of payment City Attorney Leibold announced the Closed Session discussion item as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:41P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:07 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Leroy Tucker. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake /Aquatic Resources Director Kilroy, Police Chief Walsh, '�' Page Three — City Council Minutes — March 23, 2004 Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session as listed on the agenda, with no reportable action. She noted that the item would also be discussed in open session as Item No. 37 on this agenda. PRESENTATIONS /CEREMONIALS a. Presentation - Rosetta Canyon Park. (F:114.20) City Manager Watenpaugh deferred to Community Services Director Sapp for presentation on Rosetta Canyon Park, formerly known as Ramsgate Park. Community Services Director Sapp provided a history of the proposed park site; which due to a reduction in units had gone from 55 acres to 23 acres and detailed the possible configurations. He explained that there would be multi - purpose youth fields for a variety of leagues, small plazas at each major entry point, seating areas, a site for a future community center, and an action sports area for a skate park or three tennis courts. He noted that the future Community Center could be used for soccer fields and triplex basketball courts. He noted that in addition to the ball fields, there would be a concourse area of about 20,000 square feet with a canopy, restroom and concession area; which would be elevated by seven to ten feet above the ball fields. He indicated that staff met with the Leagues, and one of their main concerns was to retain the larger fields. He advised that this could Page Four — City Council Minutes — March 23, 2004 be accomplished without impacting the overall features of the park. He noted that the project cost would be $3.5 million, and the developer was committed to put in about $2.8 million. Mayor Pro Tern Kelley questioned the timing. Community Services Director Sapp indicated that the park would be built in Phase I; and noted that they were getting ready to grade. Mayor Pro Tern Kelley questioned when the park would be complete. Community Services Director Sapp indicated that it would be on line by mid -year 2006. Mayor Pro Tern Kelley inquired if the fields would be lit. Mr. Sapp confirmed that the ball fields and soccer fields would all be lit; and noted that there would be an emergency access area. He also noted that there would be a limited impact by the lights on the residents. Mayor Pro Tern Kelley inquired if there would be a trail within the park. Community Services Director Sapp confirmed that there would be a sidewalk around the entire park, as well as internal loops of sidewalk. City Manager Watenpaugh indicated since this was a brand new community, it was the intent of staff to get input on the park from the Council and the Community. Councilman Hickman indicated that he liked the big baseball field, and questioned the soccer fields. Community Services Director Sapp clarified the soccer overlay area. Councilman Hickman stressed the popularity of soccer and commented that the park looked good. City Manager Watenpaugh questioned the funding issues. Community Services Director Sapp indicated that staff was working on those issues right now; and noted that estimates of the costs were known, but it would have to be worked out. He suggested that an option might be that the tennis courts would not go in initially; and noted that there were also potential park fees to off -set the costs. Page Five — City Council Minutes — March 23, 2004 Mayor Buckley indicated that the tennis courts would be nice, and addressed the color rendering. He commented that going to the larger field would only impact a line of trees and one other facility. Community Services Director Sapp clarified that the other facility was the tot lot, and it could be retained if the field was enlarged. Mayor Buckley inquired if there would be a lot of trees. Community Services Director Sapp confirmed that there would be 600 trees, 500 shrubs and ground cover. Mayor Buckley questioned the gazebo. Community Services Director Sapp clarified the facility over the restroom and concession area. Mayor Pro Tem Kelley questioned if there would be picnic areas and bar -be -ques. Community Services Director Sapp indicated that the picnic area would be similar to that at McVicker park with benches and bar -be -ques. Councilman Magee indicated that the rendering was beautiful, but he had received the material at 4 p.m.; and was hearing that the developer was required to provide $2.8 million, but the overall cost could be as much as $3.7 million. He expressed concern that he could not give direction tonight. City Manager Watenpaugh clarified the request, noting that staff knew what was available to spend, so the project would be phased to the dollars. He explained that if there were other concepts the Council or Community would like included, staff could address them in the project. Councilman Magee clarified that the intent was to gain direction on what would be preferred for these facilities; and indicated that he would need more time to digest the information. Community Services Director Sapp reiterated that the intent was to give the Council an idea of what was proposed, and phase in any changes at a later date. Mayor Buckley inquired if there was any input from the audience. Madeline O'Leary indicated that she was wondering why this was not introduced to the young people. She noted that she was a teacher and felt the foundations should be established with young people. She suggested that they could give all new insight to a project like this, and make them feel they are part of the project and their government. Page Six — City Council Minutes — March 23, 2004 City Manager Watenpaugh reiterated that staff was going through the process, and the park plan was part of the Master Plan adopted in 1995. He noted that the intent was to keep up with the development time line. Mayor ' Buckley suggested that the Council and public could digest the information and e-mail staff with their comments. b. Presentation - Campground Improvements. (F:114.13) City Manager Watenpaugh noted that the presentation would be made by Chet Roberts of Pyramid Enterprises; and explained that the intent was to present a conceptual plan of the proposed renovation and improvements for the campground. Chet Roberts noted that 2 and V2 years ago he had sought the approval of the Council to enter negotiations for operation of the recreation area. He commented that he did so with some apprehension, but it had proven to be a -- very wise choice; and expressed hopes that the Council would concur. He indicated that he had received tremendous cooperation from City staff, and at this point felt even more confident and secure with the future of the facility. He commented that the area had a tremendous amount of growth underway and there was a real demand for the facilities they were proposing. He indicated that in order to accomplish the planned improvements, he needed to partner with someone to bring the improvements forward. He introduced Fred Rice, who had been a developer for thirty years, and indicated that they were very excited about entering into another agreement with the City to develop this prime real estate. Fred Rice indicated that he was partnering with Mr. Roberts to bring this proposal forward for a concept which would be an extension of the existing facility. He advised that they would be upgrading the facility to much higher standards, as the Recreational Vehicle industry is growing at a rapid pace; and noted the sales factors over the last two years, projecting the trend to continue. He noted the desirable amenities for this type of facility and commented that there are not too many high end R.V. parks in California. -- Page Seven — City Council Minutes — March 23, 2004 He commented that some parks require buy -ins, but this type of park draws people to use the local restaurants and the lake and go home. He noted that this park was a 1950's vintage park, and has struggled over the last seven years. He suggested that with the proposed improvements, they felt that the park could bring ten times the revenues produced today. He detailed the proposed changes to the entrance to make it curve to Lincoln Street, noting that it would eliminate major traffic problems and hazards. He advised that the inner gate would be further into the facility, so it would allow for stacking of R.V.'s. He further advised that within the core of the park, the roads would all be extra large to accommodate the new 45 foot R.V.'s, including pop -outs and pop -ups. He explained the larger lots to accommodate the larger R.V.'s, noting that some would be as large as small subdivision lots. He commented that the entrance would accommodate a 6,000 square foot recreation center, store, exercise equipment, play equipment for kids, swimming pool and recreation facilities around the administrative office. He indicated that they would upgrade the maintenance facility, to provide service for R.V.'s, and have accommodations for about 130 boats for R.V. storage. He noted that they would also provide a service to provision the stored R.V.'s, and place them on a site in advance for an owner. He advised that the sites would all be equipped with water, sewer and electricity, including sites with increased amperage for the larger rigs. He indicated that they would also be providing wireless connections for the Internet. He advised that these improvements would tie in with the new launching facility and expressed hopes that they would be able to start soon to accommodate the R.V.ers. He indicated that they would have about 275 spaces of auto parking for the boaters and detailed the proposed configuration of the marina. He advised that the marina would accommodate up to about 275 boats. Mayor Pro Tem Kelley noted the vintage nature of the park and questioned if they would be eliminating tent camping. Mr. Rice showed the area which would be used for day camping, tents and group tenters. Mayor Pro Tem Kelley noted that the scouts use the campground annually for large gatherings and have contacted her with concerns about the impacts of the Page Eight — City Council Minutes — March 23, 2004 boat launch. Mr. Rice noted that they would also anticipate an improved swim beach, and a whole area for day use operations, so when the lake is at a low enough level the group area would have a prime beach front; and suggested that it would allow for special events as well. Mayor Buckley commented that the existing campground was heavily landscaped and questioned the ability to retain that density of landscaping. Mr. Rice indicated that they would be analyzing that in the final designs. He indicated that they would anticipate removing at least some trees, but the design will retain most of the existing roads and seek to retain as many of the trees as possible, in addition to a major landscaping plan. Councilman Schiffner noted that the new boat launch would be at a higher elevation and inquired if the campground would also be raised. Mr. Rice confirmed that the campground would be at the same elevation as the parking lot. Councilman Schiffner noted the reconfiguration of the sites, with the same roadways, and questioned the ability to keep the campground in operation during renovations. Mr. Rice indicated that they would not shut down, as they would want to maintain the cash flow. He noted the plan of the existing layout and explained the phasing of the projects. Councilman Schiffner questioned the time line for the improvements. Mr. Rice indicated that it would take about twelve months from start to finish, plus approval time. Councilman Magee questioned the funding sources to get this project underway. City Manager Watenpaugh indicated that at this point it was private dollars, but noted that the boat launch was 3/a funded with a $3 million grant, which was fully funded until that State budget crunch. He advised that the City needed to bring $1 million in funding, so it had not come forward yet, noting that this was a public /private partnership. Councilman Magee questioned the ownership. City Manager Watenpaugh indicated that the City was required to maintain ownership pursuant to the transfer agreement. Councilman Magee clarified that Pyramid Enterprises was the concessionaire and the City received revenue as a percentage of -- Page Nine — City Council Minutes — March 23, 2004 their revenue. He commented that the plans were quite ambitious and questioned the future of the dilapidated house. City Manager Watenpaugh indicated that there was no historical requirement, but there had been consideration of removal and a variety of options. Mr. Roberts indicated that he originally took a liking to the building and thought of using it as a recreation center, but it lacked ADA compliance and the cost to bring it to standards was not effective. He explained that at this point they had to face the fact that the house would have to be removed for the entrance realignment. Councilman Magee requested that they coordinate that removal with the historical society, in case there were artifacts they might want to take into their possession. Mr. Roberts indicated that he would be happy to do so. Councilman Magee requested clarification that all of the improvements would come back to Council for approval. City Manager Watenpaugh confirmed and noted that staff wanted to know if the Council was interested in the concept as presented. Councilman Schiffner inquired if the proposed changes would require a new agreement. City Manager Watenpaugh confirmed. Councilman Magee inquired if everything was back on the table at that point. Staff confirmed. Councilman Magee indicated that he would get the President of the Historical Society in touch with Mr. Roberts. Councilman Hickman indicated that he understood that at one time the park was heavily used, and commented that he was glad to see it being upgraded to make it usable. He advised that he was very impressed with the proposal. Mr. Roberts noted that they hoped to level out the service throughout the year with a first class facility. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE Dale Buckeridge. 16037 Via Sola, in Lakeland Village, expressed concern with Pacific Communities /CMA Builders, and noted that they had no specialty license Page Ten — City Council Minutes — March 23, 2004 for the work they were doing. He indicated that they were to build a slumpstone wall, and did not contact Dig Alert; and subsequently broke a water main which flooded four homes. He suggested that the City should be cited for issuing the permit; and indicated that Pacific Communities had confiscated the property with no permission. He indicated that the Lake Elsinore building department had ignored his requests. City Manager Watenpaugh inquired if staff was aware of this situation. Community Development Director Brady indicated that he had not been contacted. City Manager Watenpaugh inquired who Mr. Buckeridge had spoken with. Mr. Buckeridge indicated that he had spoken with Code Enforcement, the Building Department and Linda Miller. He indicated that he was flooded out and had lost everything. City Manager Watenpaugh indicated that he was not aware of the situation, but would look into it and get back to Mr. Buckeridge tomorrow. Mayor Buckley confirmed that staff would get back to Mr. Buckeridge quickly. Leroy Tucker, 3532 Cherry Blossom, commented on the contractors who did the storm drain by Terra Cotta and Woodlake, noting they did a good job on the street. He questioned the schedule for the rest of Lakeshore Drive, between four corners and Grand Avenue. He noted the increased traffic due to more houses near Lake Street. Mayor Buckley noted that the Council was going through the Capital Improvement Program right now. Community Development Director Brady noted that it would be considered in the Capital Improvement Program. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 4. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR WITH THE CHANGES TO THE MINUTES AND ITEM 3 AS PREVIOUSLY NOTED. Page Eleven — City Council Minutes — March 23, 2004 1. The following Minutes were approved as amended: a. City Council Study Session - February 13, 2004. b. City Council Study Session - March 4, 2004. C. Regular City Council Meeting - March 9, 2004. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - March 2, 2004. (F:60.3) 2. Ratified Warrant List for March 15, 2004. (F:12.3) 3. Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as the Amended Pepper Grove Tract into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No. 2, Declaring the City's Intention to order the Annexation and to Levy and Collect Assessments, Determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Objections thereto - Resolution No. 2004 -17. (F:22.2) RESOLUTION NO. 2004-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE AMENDED PEPPER GROVE TRACT INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 19 AS ANNEXATION NO.2 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 19 DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE Page Twelve — City Council Minutes — March 23, 2004 PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 5. Authorization to Prepare CEQA Compliance Documents - Albert A. Webb Associates - $34,600. (F:68.1) 6. Assignment and Assumption of Development Agreement from Como at Tuscany Hills Corporation to Pulte Home Corporation. (F:68.1) PUBLIC HEARINGS 21. General Plan Amendment No. 2003 -03, Zone Change No. 1003 -02, Tentative Condominium Map No. 31532, Residential Design Review No. R 2003 -15 and Mitigated Negative Declaration No. 2004 -01 for the "Lake slow Elsinore City Center Townhomes" Phase II - Resolution No. 2004 -16 & Ordinance No. 1117 - Continued from March 9, 2004. (F:83.2) Mayor Buckley opened the public hearing at 7:48 p.m. Community Development Director Brady explained that there were five components for consideration, including the General Plan Amendment, the Zone Change, a Tentative Condominium Map, the Residential review and the Mitigated Negative Declaration. He indicated that the Planning Commission had reviewed the project and recommended approval. He advised that there were two conditions which needed to be amended, being Conditions 45 and 92. He recommended the following verbiage for those two conditions: 45. The applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore $1.30 per square foot of residential development in the project to the Agency's Low and Page Thirteen — City Council Minutes — March 23, 2004 Moderate Income Housing Fund to be used by the Agency to satisfy the inclusionary housing requirements of Section 33413 of the Community Redevelopment Law. The agreement shall be in such a form as required by Agency counsel and shall be submitted to the Redevelopment Agency for approval. 92. Developer shall obtain from TM 31531 an easement for a 24 ft. minimum wide emergency access to its eastern tract boundary, subject to the approval of the Riverside County Fire Department. The Developer shall enter into an agreement with the owner of the adjacent property to the east to provide for the construction of said emergency access to the satisfaction of the City Engineer. The agreement shall be recorded prior to occupancy of the first building unit. He explained that this would require adjacent property owners to build and construct the emergency access road. Glen Daigle, 28991 Old Town Front Street, representing the applicant, indicated that they concurred with the staff report, and offered to answer questions. Mayor Buckley asked those persons interested in this item to speak. No one spoke. Councilman Magee addressed Condition No. 51, and noted that it required over $400,000 in traffic mitigation fees. He questioned what those fees would go toward. Community Development Director Brady explained that the City traffic mitigation fee would address the impacts of the project on traffic improvements for the assigned system of roads. He further explained that the Railroad Canyon Fee was because they were part of the assessment area for the past improvements to Railroad Canyon Road. He also explained that the TUMF fee was County -wide and there were a variety of road improvements including the Railroad Canyon Road Interchange, the Central Avenue Interchange and other backbone roads in the City. Page Fourteen — City Council Minutes — March 23, 2004 Councilman Magee inquired if this was the fair share for the development. Community Development Director Brady confirmed and noted that the City's fee would also address various signals. Mayor Buckley commented that they were paying a lot more in transportation fees than when it was originally planned as an apartment complex. Community Development Director Brady confirmed. Mayor Buckley addressed the traffic counts and suggested that they sounded a little low. Community Development Director Brady indicated that he was not a traffic engineer, but the numbers represented a one hour period, and there would be trips spread throughout the day. Mayor Buckley commented that there were about seven hours a day for about 500 rush hour and 350 non - rush hour trips. Mayor Pro Tem Kelley noted that she was concerned with the traffic at Railroad Canyon Road, but indicated she knew this was a better project than the original, and they would be paying their fair share. She noted the recent study session on the Railroad Canyon mitigation and urged staff to get that consideration taken care of as soon as possible. She stressed the urgency of that situation. She reiterated that there was more traffic anticipated originally, but stressed the need to be diligent to get the improvements through Caltrans. She requested an update on the discussions with Caltrans. Engineering Manager Seumalo indicated that the proposals were presented, but staff was still in the process of getting that information. Councilman Hickman addressed Condition No. 45 relating to the RDA, and noted that they would be paying $130 per square foot, instead of 15% toward the low and moderate income housing. He indicated that the funds would be used for the Redevelopment Agency in other areas. He commented that this was a step in the right direction, and noted that Walmart was probably glad to see them coming into the community. Councilman Schiffner commented that this was a good project, and noted that there was no overabundance of this type of housing, but there was a Page Fifteen — City Council Minutes — March 23, 2004 market for it. He stressed the need for a project like this, and commented that they would have a terrific view from this location. Mayor Buckley inquired if the project was approved tonight, when would the project be constructed. Mr. Daigle indicated that they would proceed as soon as they got through the plan check process. Mayor Buckley noted the low and moderate income housing fees would be paid instead of building units; and explained that this was something each developer would negotiate for their project. He commented that there was some interest on the Council to set a standard system, so all of the projects were handled the same way. City Attorney Leibold indicated that she would work on that process. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-16: RESOLUTION NO. 2004-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE FIRST CYCLE OF THE CALENDAR YEAR 2004 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2003-03 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(s) 363-240-002,003,0049 008, 009 AND 016 FROM VERY LOW DENSITY (VLD) RESIDENTIAL TO MEDIUM DENSITY (MD) RESIDENTIAL. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 11179 UPON FIRST READING BY TITLE ONLY: Page Sixteen — City Council Minutes — March 23, 2004 ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-02 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363- 240 -002. 0039 0049 0089 009 AND 016 FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE CONDOMINIUM MAP NO. 31532. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESIDENTIAL DESIGN REVIEW NO. 2003-15 AND ADOPT MITIGATED NEGATIVE DECLARATION NO. 2004 -01, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A THRU R; AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley closed the public hearing at 8:06 p.m. Page Seventeen — City Council Minutes — March 23, 2004 FINDINGS — GENERAL PLAN AMENDMENT 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The Proposed General Plan Amendment will allow the applicant to develop the site with the proposed density of 11.25 Dwelling Units /net acre and will in turn bring about a site more compatible with the first phase of the Condominium Project, designated "Multi family Residential". 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment would establish a density more in conformance with the recently approved 84 -unit condominium project to the north of the subject site. Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed condominium community. 4. The proposed General Plan Amendment will not have a significant effect on the environment. Page Eighteen — City Council Minutes — March 23, 2004 The proposed General Plan was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project will not have a significant effect on the environment. FINDINGS — ZONE CHANGE 1. The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Impact Report, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the General Plan Land Use Map and the corresponding Zone Change, allowing the development of the subject condominium project is consistent with GOAL 1.0 of the General Plan Housing Element, obligating the City to provide "decent housing opportunities and a satisfying living environment for residents of Lake Elsinore ". Page Nineteen — City Council Minutes — March 23, 2004 FINDINGS — CONDOMINIUM SUBDIVISION 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1.0, Housing Element) 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. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long -term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. Page Twenty — City Council Minutes — March 23, 2004 The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. FINDINGS — 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. The proposed Residential Design Review located within Assessor Parcel Number(s) 363- 240 -002, 003, 004, 008, 009 and 016 complies with the goals and objectives of the General Plan, in that the approval of this Condominium Community will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Residential Design Review located at Assessor Parcel Number(s) 363- 240 -002, 003, 004, 008, 009 and 016 is appropriate to the site and surrounding developments in that the Condominium project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. Page Twenty -One — City Council Minutes — March 23, 2004 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Residential Design Review located at Assessor Parcel Number(s) 363- 240 -002, 003, 004, 008, 009 and 016, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at Assessor Parcel Numbers) 363- 240 -002, 003, 004, 008, 009 and 016 has been scheduled for consideration and approval of the Planning Commission. FINDINGS - MITIGATED NEGATIVE DECLARATION 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and The applicant has made revisions to the project or has agreed to specific conditions which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. Additionally, the State Clearinghouse acknowledged that the Draft Mitigated Negative Declaration complied with the review requirements and that no state agencies submitted comments by the closing date (February 18, 2004). Page Twenty -Two — City Council Minutes — March 23, 2004 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. CONDITIONS OF APPROVAL FOR GENERAL PLAN AMENDMENT NO. 2003 -039 ZONE CHANGE NO. 2003-02, TENTATIVE CONDOMINIUM MAP NO. 31532, RESIDENTIAL DESIGN REVIEW NO. R 2003 -159 CONDITIONAL USE PERMIT NO. 2003-08 AND MITIGATED NEGATIVE DECLARATION NO. 2004-01 FOR THE "LAKE ELSINORE CITY CENTER TOWNHOMES" PHASE II. GENERAL CONDITION 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is brought 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. Page Twenty -Three — City Council Minutes — March 23, 2004 2. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003 -1 to offset the annual negative impacts of the project on public safety operations and maintenance issues in the City. GENERAL PLAN AMENDMENT NO. 2003-03 3. Conditions for the General Plan Amendment shall be the same conditions as set forth and required by Tentative Condominium Tract No(s) 31531 and 31532. 4. No park credit will be allowed under this project for recreation facilities. Park fees will remain at $1,450.00 per unit. ZONE CHANGE 2003 -02 5. The applicant shall enter into an acceptable impact mitigation agreement with the Lake Elsinore School District prior to issuance of building permits for the project. TENTATIVE CONDOMINIUM MAP NO. 31532 6. The Tentative Condominium Map will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 7. The Tentative Condominium Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. Page Twenty -Four — City Council Minutes — March 23, 2004 8. Prior to final certificate of occupancy of Tentative Condominium Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 9. Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's against the condominium complex. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. — IO.No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Page Twenty -Five — City Council Minutes — March 23, 2004 II.Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 12.Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 13.Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project (Phase I) and the proposed project (Phase II). 14.In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 15.Each unit owner shall have full access to commonly owned areas, facilities and utilities. 16.The applicant shall comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Mitigated Negative Declaration No. 2004 -01 prepared for the Lake Elsinore City Center Townhomes" Phase II reference as the "project" herein. PRIOR TO CERTIFICATE OF OCCUPANCY 17.The applicant shall provide all project - related onsite and offsite improvements as described in the Elsinore City Center Specific Plan and Amendment No. 1 document. Page Twenty -Six — City Council Minutes — March 23, 2004 RESIDENTIAL DESIGN REVIEW NO. 2003-15 18.Design Review approval for Residential Design Review No. 2003 -15 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. 19.Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 20.The dwelling units are multi - story, without elevators, and therefore are exempt from accessibility requirements. The site, Sales Office, parking and common use areas will be obligated to meet the requirements of Chapter 11 of the California Building Code. 21.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 22.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. Page Twenty -Seven — City Council Minutes — March 23, 2004 23.All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 24.All loading zones shall be clearly marked with yellow striping. 25.Applicant shall meet Americans with Disabilities Act (ADA) requirements. 26.Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 27.No exterior roof ladders shall be permitted. 28.Applicant shall use roofing materials with Class "A" fire rating. 29.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 30.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. 31.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 32.Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 33.0n -site surface drainage shall not cross sidewalks. 34.Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. Page Twenty -Eight — City Council Minutes — March 23, 2004 35.The applicant shall be required to submit for Planning Commission consideration a sign program prior to issuance of building permits. 36.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING /GRADING PERMITS 37.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 38.The applicant shall submit a photometric study for those light standards located in the proposed condominium project. Said study shall ensure that parking lot lights will not disturb neighboring land uses and shall be approved by the Community Development Director or designee. 39.Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right -of —way, subject to the approval of the City Engineer. 40.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permits. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. Page Twenty -Nine — City Council Minutes — March 23, 2004 a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Planting within fifteen feet (15) of ingress /egress points shall be no higher than thirty -six inches (36 "). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. Page Thirty — City Council Minutes — March 23, 2004 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. 41.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. 42.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 43.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 44.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 45.The applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to pay $1. 30 per square foot of residential development in the project to the Agency's Low and Moderate Income Housing Fund to be used by the Agency to satisfy the inclusionary housing requirements of Section 33413 of the Community Redevelopment Law. The agreement shall be in such a form as required by Agency counsel and shall be submitted to the Redevelopment Agency for approval. Page Thirty -One — City Council Minutes — March 23, 2004 46.The applicant shall submit for review and approval an updated acoustical study which shall evaluate and analyze the current sound levels. Further, the applicant shall implement appropriate methods of construction necessary (i.e. sound walls and landscaping) which would insure that the future residents of this proposed community experience noise levels consistent with the City of Lake Elsinore General Plan. 47.The Home Owner's Association shall be established prior to the eeenpa� sale Felease of the first dwelling unit. Amended per the Planning Commission on January 20, 2004. ENGINEERING 48.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. 49.The developer shall submit a condominium plan as part of the final map which will show individual lots and air space, and provide for common areas. The condominium plan shall be approved prior to final map approval. 50.Applicant shall dedicate sufficient land along the frontage of Grape St. to provide for a right -of -way width of 100 feet for a major street. 51.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). The traffic mitigation fee is $50,280, Railroad Canyon Road assessment fee is $87, 906, the T.U.M.F. amount is $276, 420. There is no drainage fee. 52. 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. 53.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to Page Thirty -Two — City Council Minutes — March 23, 2004 final map approval (LEMC 16.34). 54. 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). 55.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. 56.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 57.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). 58.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 59.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 60.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. 61.Provide fire protection facilities as required in writing by Riverside County Fire. Page Thirty -Three — City Council Minutes — March 23, 2004 62.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 63.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 64.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. 65.All improvement plans and tract maps shall be digitized. At Certificate of _. Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 66.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 67.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. 68.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. Page Thirty -Four — City Council Minutes — March 23, 2004 70.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 7 1. 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. 72.0n -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 ". 73.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. -- 74. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 75.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 76.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. 77.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 78.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. -- Page Thirty -Five — City Council Minutes — March 23, 2004 79.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and include maintenance responsibilities. 80.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides and vehicle maintenance as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 81.Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. The developer's civil engineer shall verify the site distance for Street "A" prior to grading permit. 83.Developer shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the City Engineer. 84.The entrance driveway aisle should be designed so that at least 40 ft. is available between the street curb and the first parking stall and the gate opener in order to provide adequate on -site storage for entering vehicles. Page Thirty -Six — City Council Minutes — March 23, 2004 85.Street vacations offsite need to be accomplished with the development of this site. The street vacations must be approved by the adjacent property owners when their access is being affected by the street vacation. Offsite dedications for new streets must be acquired prior to approval of the street vacations. Street abandonment's cannot land lock parcels or provide a new access; which is not practicable and is based on a reasonable accessibility determination to the satisfaction of the City. 86.Before the street vacations can be approved, offsite grading must be approved by the adjacent property owner for grading the new streets. 87.The sight distance at the intersection of A St. and Grape St. must meet the Caltrans Design Manual criteria for a 55 mph design speed on Grape Street. 88.The street width of the new dedicated Sunrise Drive shall be 36 ft. from curb to AC berm with a 4 ft. parkway on the northeast side of the street. 89.There shall be a standard Riverside County Road Dept. knuckle constructed on Sunrise Drive. 90. Street A shall have a 60 ft. R/W and 40 ft. curb to curb from Grape St. to the condo driveway. Street A shall have standard curb returns at the intersection with Grape Street. 91.The cul -de -sac at the end of the existing Sunrise Drive shall be in conformance with Riverside County Road Dept. Standards and the temporary cul -de -sac on Sunrise Drive must meet Riverside County Fire Dept. approval. 92.Developer shall obtain from TM 31531 an easement for a 24 ft. minimum wide emergency access to its eastern tract boundary, subject to the approval of the Riverside County Fire Department. The Developer shall enter into an agreement with the owner of the adjacent property to the east to provide for the construction of said emergency access to the satisfaction of the City -- Page Thirty -Seven — City Council Minutes — March 23, 2004 Engineer. The agreement shall be recorded prior to Occupancy of the first building unit. 93.If right -of -way is abandoned as part of this development, then adjacent property affected by the abandonment's must still have access to public maintained right -of -way. 94.The final map shall show the abandonment of dedications of public right -of- way or easements by appropriate certifications on the map. 95.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. COMMUNITY SERVICES DEPARTMENT 96.The applicant shall pay park fees of $1,450 per unit. 97.The applicant shall participate in the City of Lake Elsinore Landscape Lighting Maintenance District (LLMD). 98.The Home Owner's Association shall maintain all interior landscaping, slopes, drainage swales, retention areas, and roadways. 99.No park credits shall be allowed for the proposed tot lots and swimming pool. 100. The Home Owner's Association shall maintain all landscape improvements along Grape Street as it relates to the frontage of the development. 101. All exterior walls to be masonry block with anti - graffiti coating. The Home Owner's Association shall remove all graffiti as it occurs. Page Thirty -Eight — City Council Minutes — March 23, 2004 102. The applicant shall meet all City requirements for the recycling and removal of construction debris and materials. 103. The applicant shall comply with all NPDES requirements for urban storm water runoff. RIVERSIDE COUNTY FIRE DEPARTMENT 104. The applicant shall comply with the requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 105. Blue retro- reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. -- CONDITIONAL USE PERMIT NO 2003 -08 106. The Conditional Use Permit approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107. The Conditional Use Permit shall comply with all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 108. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. Page Thirty -Nine — City Council Minutes — March 23, 2004 109. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit/Design Review C 2003 -07, which action is brought forward 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. 110. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 111. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 112. Security lighting shall be required. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. Page Forty — City Council Minutes — March 23, 2004 BUSINESS ITEMS 31. Second Reading - Ordinance No. 1116 - Public Safety Advisory Commission. (F:59.6) City Manager Watenpaugh noted the past consideration of this Ordinance for reestablishment of the Commission; and commented that this was the revised draft, but there were several items to be corrected. City Attorney Leibold clarified that prior to the first approval there was a modification to Section 2.46.040 for the designation of the Chairman, but it was not clarified as to other sections of the Ordinance. She noted a typographical error in section 2.46.030; and clarified that in section 2.46.050, the Vice Chairman's term would run until July 1, 2006, except Chairmanship and Vice - Chairmanship would run until December 31, 2004. Councilman Schiffner recommended that Section 2.46.060, paragraph e, be -- rewritten that the "Commission shall report to the City Council on a regular basis, and all recommendations shall be forwarded to the City Council for consideration. Mayor Buckley clarified that the person chosen for the position of Vice Chairman would be the short term. MOVED BY HICKMAN, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1116 UPON SECOND READING AS MODIFIED. ORDINANCE NO. 1116 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REPEALING SECTION 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE AND ADOPTING A NEW SECTION 2.46 RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: Page Forty -One — City Council Minutes — March 23, 2004 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE City Attorney Leibold indicated that the Ordinance would be effective thirty days from today. 32. Acceptance of Planning Commission Resignation - John Barnes. (F:60.2) City Attorney Watenpaugh noted the resignation as presented by John Barnes who was relocating outside the City. He indicated that the Council had the opportunity to reappoint to the position or send out applications for the position. Councilman Hickman inquired if Mr. Barnes had moved. City Attorney Leibold noted that his letter said he would be leaving effective April 9th Councilman Magee thanked Mr. Barnes for his public service and sensitivity to the community; and noted that there was a sensitive project on the April 6th Planning Commission agenda. He expressed concern with the potential for a lame duck Commissioner to participate in that discussion, noting there was no disrespect intended. He inquired if the Laing Homes project would be on the April 6th agenda. City Manager Watenpaugh indicated that he was not aware of it being scheduled at this point. _ Councilman Schiffner commented that he had no sensitivity on the issue of Mr. Barnes voting on such a project, as he had been on the Commission for several years with this project on the books. He suggested that Mr. Barnes Page Forty -Two — City Council Minutes — March 23, 2004 probably had more information on the item than most people, and stressed that he was not sensitive to him voting on the project. Mayor Buckley commented that Commissioner Barnes had done a very good job, but concurred that there was sensitivity. He noted that the actual term would have ended on June 30th, and staff would be going out with the advertisement in the next couple of weeks for applications. He questioned the point of making a short term appointment at this time. Mayor Pro Tem Kelley concurred that there was no point to appoint someone for two months. Councilman Schiffner commented that everyone was aware that Mr. Barnes was not going to apply again, and suggested waiting for the term to end. Mayor Pro Tem Kelley thanked Mr. Barnes for his eight years on the Commission; noting that he was honest and did his homework. She thanked him for his commitment and commented that she was sorry to see him go. She suggested going through the normal process of interviews. Councilman Magee supported leaving the position vacant until the term expires. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ACCEPT THE RESIGNATION WITH THANKS AND LEAVE THE POSITION OPEN UNTIL THE REGULAR REPLACEMENT PROCESS. Councilman Hickman commented that if Laing Homes was on the agenda, maybe it could be the second meeting in April. Councilman Magee suggested that if it was on that meeting, Mr. Barnes should use his professionalism and discretion to do the best for the City. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Page Forty -Three — City Council Minutes — March 23, 2004 33. Ordinance No 1118 - Amending Municipal Code Section 6.04.020 - Animal Control Fee Schedule of the Lake Elsinore Municipal Code regarding Animals and Animal Control Officers. (F:18.1) City Manager Watenpaugh noted that Animal Friends were meeting with all of the cities and have requested consistency with the fees charged. Community Services Director Sapp explained the Ordinance which would amend the Municipal Code to make the fees consistent with other communities, specifically for unaltered dogs. Paula Graver, 218 Ellis Street, indicated that she had no problem with raising fees for altered animals. She indicated that her two dogs were unaltered and the fee was $50 per year; and noted that she didn't mind paying that. She questioned if there was a way to give people a break for buying a three year license, or for service pets. She noted that most people with service pets could not afford big fees, and suggested giving them a discount. Mayor Buckley questioned the fees for service animals such as seeing eye dogs. Kris Anderson, representing Animal Friends, confirmed there was a break for service animals and for pets of senior citizens. Mayor Buckley questioned the charge for unaltered animals for three years. Ms. Anderson clarified that the higher cost was because unaltered dogs had a higher tendency to be aggressive and get out. She indicated that the Board could consider a reduction for the three year license, but would need to offer it to all of the other cities as well. She noted that seeing eye dogs were only registered. Mayor Pro Tem Kelley reiterated that the goal of this item was to bring the City into compliance with the other cities. Councilman Hickman inquired how much it would cost to have a dog altered. Ms. Anderson indicated that the prices varied, but they were Page Forty -Four — City Council Minutes — March 23, 2004 working with Ramona Animal Shelter, which was charging $45 for dogs and $20 some for cats; and noted that vets based the price on the weight of the animal. Councilman Hickman questioned the ability of the public to use the Ramona Animal Shelter. Ms. Anderson indicated that she believed they could, but they take the animals en -mass. She noted that people could receive subsidies to assist with the cost of altering. Councilman Hickman commented that there was no reason to not to alter animals. Councilman Schiffner noted that clinics sometimes offer alteration at no charge. Ms. Anderson confirmed, noting that the County and City of Riverside had set -aside funds for spay and neuter. Councilman Schiffner commented that there were incentives to have dogs altered. Councilman Magee thanked the Animal Friends representatives for being present; and noted their work in the community. He indicated that their staff was always responsible, punctual and polite; and their representatives cared about what they were doing and the animals they were caring for. MOVED BY MAGEE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 11189 UPON FIRST READING BY TITLE ONLY: Councilman Hickman commented that there were a lot of beautiful animals at the shelter needing homes. ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 6.04.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMAL CONTROL FEE SCHEDULE. UPON THE FOLLOWING ROLL CALL VOTE: Page Forty -Five — City Council Minutes — March 23, 2004 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE Councilman Hickman inquired if this item would require two readings. City Attorney Leibold confirmed that there would be a second reading and 30 days later the ordinance would go into effect. 34. Ten Year Extension for Tree Trimming Agreement - West Coast Arborists. (F:68.1) Parks & Open Space Manager Fazzio explained this item, noting that they had used the same contractor for the last five years; and indicated that in that time they had always been professional. He advised that this extension would lock in the prices for ten years at $41 per tree; for an overall saving of $17,000 or more over the term of the contract. He noted that they also maintained an inventory of the City trees they maintained, which would be accessible to staff and the public in the future. He further noted that every year West Coast Arborists send staff to participate in the children's fair and provide free boom rides for the kids. Councilman Hickman noted he liked this agreement because there was a thirty day termination clause both ways, and the agreement would lock in prices to save some money. He indicated that they would actually computerize the trees, so citizens could find out when they will be trimmed or request that they be trimmed. He indicated that like the road program, it was a step in the right direction. Councilman Schiffner clarified that this price also included palm trees. Page Forty -Six — City Council Minutes — March 23, 2004 Parks & Open Space Manager Fazzio confirmed. Councilman Schiffner noted that the costs for trimming palm trees was generally higher. Parks & Open Space Manager Fazzio reconfirmed that this price would apply to all trees. Councilman Magee noted that as part of the recent policy, the contract would be reviewed annually for performance and the Council would be able to review it. City Manager Watenpaugh confirmed. Mayor Pro Tem Kelley noted that this was a great deal. Mayor Buckley noted that they were in the last year of a three year contract, however there would be an annual review and one month notice to terminate. He commented that the longer contract allowed for large savings. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AMENDMENT EXTENDING THE CITY'S TREE MAINTENANCE AGREEMENT WITH WEST COAST ARBORISTS THROUGH JUNE 30, 2014,WITH ALL OTHER PROVISIONS REMAINING THE SAME. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:28 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:43 P.M. 35. Records Access /Copy Expense. (F:49. 1)(X:42.5) City Manager Watenpaugh commented that this item was another opportunity to amend existing policy regarding records requests. He explained that the request for printing was unauthorized and as City Manager he had no authority to waive that cost. He suggested that since -- .� Page Forty -Seven — City Council Minutes — March 23, 2004 this involved an elected official, the Council might want to modify its policy. He noted that the Municipal Code stipulates that this would come to Council before the request was made. Chris Hyland, 15191 Wavecrest, commended Mr. Weber for getting documents for neighborhood citizens. She noted that she was a document collector as well; and commented on her ability to obtain staff salaries until the City Attorney told her she could not have them, so she had to go to Senator Haynes for assistance. She commended Mr. Weber for thinking about the citizens and taxpayers. She indicated that as a taxpayer she didn't feel Mr. Weber needed to pay anything. City Treasurer Weber thanked Mrs. Hyland for her support and noted his concerns with the Summerhill bond issue and the large increase in taxes. He noted that the City held two meetings to address the citizen concerns, and there was a group trying to track exactly what happened due to the overlap. He indicated that it was a complex puzzle and they were trying to find the hidden charges, but they could not get the material, so he was making copies on Main Street. He noted that the merchant was going to charge the material to City Hall, and it was a surprise to him that he could not put those items on the City bill. He commented that he ran for office on looking at bond debt and bond issues to inform everyone. He stressed his interest in letting people know what was going on with the bonds. He commented that $400 was a little high, but he went to the local printer. He indicated that next time he would come before the Council first and then go to a larger place that is more in turn with high volume copying. He indicated that he does not waste money and is very frugal. He commented that it was an honest mistake in his efforts to better inform the citizens. He indicated that in the last reissue of bonds, $835,000 was spent on lawyers, consultants and underwriters, and no dollars were spent to inform the people what took place. Councilman Schiffner indicated that he was not so concerned about the $400, but the City Manager had no alternative without a change in the Page Forty -Eight — City Council Minutes — March 23, 2004 policy. He suggested that it was too soon to change policy, but his objection was that he did it at all. He commented that the information was given to one of the most vocal who got an explicit explanation. City Treasurer Weber noted that he had given them the information prior to the bond meeting, so they had the information already. Councilman Schiffner commented that it was very well explained. City Treasurer Weber commented on his time and the time spent by Mr. Pressey on this topic. He noted that his resources went to Harvard and worked with bonds for 25 years at Merrill- Lynch. City Manager Watenpaugh clarified that his only issue was if the Council wanted to change the policy, and he was not asking about the bond issues. He indicated he would provide the information at City Hall, at no charge for review. He indicated that this policy would be discussed with others on Thursday. Councilman Magee indicated that the City Treasurer had called him over the weekend to accept responsibility, explain his actions and apologize for not requesting permission first; and agreed to pay the City back for the charges. He explained that the Treasurer did this to help residents who have access to City Hall only four days a week during regular business hours; and noted that commuters are shut out of City Hall. He commented that he makes his personal documents available upon request, and Mr. Weber attempted to bridge the gap between City Hall and the citizens. He denounced Mr. Weber's approach in this instance, but indicated that he was shocked to find the item on the agenda, when there is a study session in two days on policy and the City Treasurer. He contrasted this consideration with the vacancy on the Nuisance Abatement Committee, that has not yet made it to the agenda. He commented that it was important to remember that Mr. Weber did not take this action to benefit himself, but rather to inform the public. He noted that in the early 1990's when the Redevelopment Agency had money, they did low interest loans to merchants to improve businesses on Main Street; and a Councilmember took advantage of that loan, but the loan was never repaid _. Page Forty -Nine — City Council Minutes — March 23, 2004 and there was never a public hearing on that item. He indicated that staff was tasked with enforcing policy, and the Treasurer broke the policy and agreed to pay the money back. He stressed that Mr. Weber's intentions were pure, and offered $100 in assistance toward the bill. Mayor Pro Tem Kelley commented that this was a tough situation, as it behooved the Council to make sure as much information as possible is available to the public through e- mails, counter copies, and library copies. She further commented that the Council had set policy, which was to be followed or the job was negated. She stressed that when people are elected they need to seek information, ask questions and check policy. She stressed that the concern was not with the intention or the copies that were made, but that the action went outside adopted policies, for an unauthorized expenditure of taxpayer dollars. She noted that a Councilmember would be sacrificed for doing the same thing. She commented that while she knew Mr. Weber had the best of intentions, he did not meet the responsibility of asking first. She stressed that this was an unauthorized expenditure and she could not support paying it. Councilman Hickman commented that he had been on the Council 2 and V2 years and did not know the policy existed, and would have done the same thing. He indicated that it was just an over zealous error and the City should pay the money. He commented that the City Manager could handle it how he wanted, as his time was running out. He suggested that more was wasted on a $15,000 wall at the Stadium. He indicated that if the matter was not resolved, he would give Mr. Weber $100 as well. Mayor Pro Tem Kelley questioned adherence to policy. Councilman Hickman indicated that policy could be bent. Mayor Pro Tem Kelley disagreed. Mayor Buckley noted that on Thursday, the City Council would have a study session on the role of the City Treasurer and the Policy Manual; and this probably should have waited. He commented that the policy is pretty clear on printing, and while he has never personally had something printed, it was important to give the public the information. He suggested with a Page Fifty — City Council Minutes — March 23, 2004 precedent like this there could be hundreds of dollars of printing costs. He concurred that in his mind it was interesting to see it appear on the agenda. He indicated that Mr. Weber did the right thing for absolutely the right reasons, but he was not in favor of the City eating the costs. He further indicated that he was in favor of addressing it again on Thursday, in favor of a strong treasurer, in favor of the public getting information and in favor of City Hall being open more than four days a week. He commented that he would like everything at the library at all times for review; and indicated that he was in favor of making sure that Mr. Weber did not bear the burden alone. He indicated that he would cover $200 of the costs. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAFF TO INVOICE MR. WEBER FOR THE COSTS. Councilman Hickman noted that he seconded the motion, since the funds had been offered for payment. 36. Memorial Honoring Bill "Whiskers" Tucker. (F:56.1)(X:92.1) City Manager Watenpaugh noted that Mrs. Tucker and her Daughter -in -Law were present at this meeting, and he had shared with her the Council's concern that any recognition for Whiskers be acceptable to the family. Linda Tucker and Jerry Tucker thanked the Council for consideration of this memorial. Mayor Buckley inquired which spot they would prefer to have designated. Mrs. Tucker indicated that he loved the catfish cove, and that would be very suitable for him. City Manager Watenpaugh clarified the location as the south cove between the island and the levee. Mayor Buckley noted that he went fishing with him in that area, and inquired if the cove would be suitable. Mrs. Tucker confirmed. Councilman Schiffner suggested that it might be appropriate to make some representation of Whiskers on the plaque, but he would not want to offend Page Fifty -One — City Council Minutes — March 23, 2004 the family. Mrs. Tucker indicated that they would not be offended, and expressed support. Mayor Buckley suggested a large rock with the plaque attached. City Manager Watenpaugh suggested the possibility of a design with a relief of Whiskers in addition to appropriate verbiage. Mrs. Tucker noted that Whiskers was loving this discussion, and anything would be fine. Mayor Pro Tem Kelley concurred that this was a great idea. Councilman Magee requested that whatever was designed be reviewed with the family. Mayor Buckley concurred that the area should be dedicated Tucker Cove, with staff instructed to design a plaque, run it by the family, have it placed and set up an unveiling. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO DEDICATE TUCKER COVE, AND INSTRUCT STAFF TO DESIGN A PLAQUE, REVIEW IT WITH THE FAMILY, PLACE IT AND SET UP AN UNVEILING CEREMONY. Mrs. Tucker thanked the Council for this consideration and recognition. 37. Amendment to Land Development Agreement, Temporary Land Transfer Agreement and Irrevocable Escrow Instructions with Wasson Canes Investments, L.P. (F:68.1)(X:22.3) City Attorney Leibold explained that this item was for implementation of a work out agreement approved in November, 2003. She indicated that the property was part of CFD 90 -3 which has been upside down for years. She noted that this was the last troubled CFD, and this with the companion piece should resolve the outstanding delinquencies. She reiterated that the Page Fifty -Two — City Council Minutes — March 23, 2004 Council, in November, approved the waiver of certain penalties and interest. She indicated that to date Wasson Canyon had complied with the terms and made the additional payment; and noted that the next payments were scheduled in 2005 and 2007. She explained that as part of the agreement the County agreed to some waivers as well; and this would allow for a temporary land transfer to enable the County to waive certain penalties and interest, with the City releasing its lien of special taxes, and the developer paying the funds in 2005, instead of 2007. She noted that a 15% discount would be assessed for the earlier payment; but the City would receive about $732,400. Councilman Hickman noted that this related to a 1993 bond for a CFD in the amount of $4 million and change. He explained that the builder only got about half of that amount, and nothing was ever done; but now the City will recoup almost $755,000, and instead of the land sitting vacant, this could help move things forward. .•. City Treasurer Weber questioned if there were CFD's in 1990. Mayor Pro Tern Kelley noted that this related to a CFD in 1993. Administrative Services Director Pressey noted that the first CFD was in 1988, and there were three in 1990. City Treasurer Weber noted that the Summerhill issue was in 1993. City Attorney Leibold noted that the CFD was a bare land CFD that was later pooled and was now the last to come out of the work out. Councilman Schiffner commented that the City would get some money out of this to go into the debt payment on the CFD's. City Manager Watenpaugh confirmed. Councilman Schiffner noted that this was clearing some property for development as well, and he was happy to see it moving forward. He commented that this left only one small piece in default and he was in favor of moving forward. Page Fifty -Three — City Council Minutes — March 23, 2004 Mayor Pro Tem Kelley stressed that this was the last piece of the financial plan initiated in 1997, and it was really nice to see it finally just about done. She indicated that she was glad it was moving forward. Councilman Magee had no comments on this item. Mayor Buckley commented that this was a good thing, as there was this piece and one more piece remaining as part of the old CFD. He noted that the other piece would be back to Council very soon, for a similar action. He stressed that this would produce money for debt reduction and capital for improvements. He suggested that one of the debt reductions could be on the Summerhill CFD. Councilman Schiffner noted that the debt reduction could be for some of the property owners in the CFD. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIRST AMENDMENT TO THE LAND DEVELOPMENT AGREEMENT, THE TEMPORARY LAND TRANSFER AGREEMENT AND THE IRREVOCABLE ESCROW INSTRUCTION, SUBJECT TO ANY MINOR MODIFICATIONS AS MAY BE APPROVED BY THE CITY ATTORNEY, AUTHORIZED THE MAYOR TO EXECUTE THE DOCUMENTS, AUTHORIZED THE MAYOR TO EXECUTE THE QUITCLAIM DEED SUBSTANTIALLY AS SET FORTH IN THE TEMPORARY LAND TRANSFER AGREEMENT AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE. 38. Lake Elsinore Management Plan. (F:92.1) City Manager Watenpaugh explained that the permitees for this item had requested that it be removed from the agenda and brought back to the April 6 th Planning Commission and 23 rd City Council Meetings. He explained Page Fifty -Four — City Council Minutes — March 23, 2004 that this would defer the matter until the Council reviews the other amendments an applications. Edith Stafford, 29700 Hursh, addressed this item and called on the Council to take a good look at the project, because she could not imagine who would ever plan to build homes and schools in an unsafe Priolo Zone. She questioned who would take on a liability like that, with the potential for liquefaction in the Priolo Zone. She suggested that the Water District would also do a careful review. She suggested that homes and schools were planned to pad a bigger bond issue. She suggested that there must be an ulterior motive for this project. Ron Hewison, 35 Villa Valtelena, indicated that he attended the Water Board meeting on this issue last week and it was very informative. He commented that he did not have enough information to support or oppose it, but suggested that it needed a lot more discussion at the public dias. He -- indicated that he was glad they had requested that the item be pulled. Councilman Magee noted that the applicant Mr. Filler was present and had provided a letter this afternoon requesting that the item be pulled. He indicated that he met with Mr. Filler and he recognizes the baggage with this project, as the only thing that has resulted so far is lawsuits. He indicated that Mr. Filler was trying to shake the ghosts of the past, and was very sensitive to what happened with the CFD at the last meeting. He commended Mr. Filler for his sensitivity to the community and noted it would be a complex and important decision. He suggested that the project did not need to be clouded with decisions such as this item before the land use decision was made. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO CONTINUE THIS ITEM TO THE SPECIFIC PLAN CONSIDERATION. Mayor Buckley indicated that he was going to make such a motion, prior to the builder deciding to pull the item. He indicated that it was putting the Page Fifty -Five — City Council Minutes — March 23, 2004 cart before the horse, to approve a 404 permit, based on factors not yet approved. He commented that he had discussed the matter with Mr. Smith at the Corps of Engineers, and he too was confused on the issue. He noted that he was glad to see that the builder had pulled the item, and commented that it was due to the concerns after the last meeting on the CFD. He suggested that there might be other concerns motivating the pulling of this item. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 39. Multi- Species Habitat Conservation Plan Update. (F:76.4) City Attorney Leibold noted the verbal update on the MSHCP provided at the last meeting, and the experiences shared by Councilman Schiffner after attending a meeting and being denied the City's participation in votes. She noted the settlement between the County and Murdock and ongoing discussions with Murdock. She indicated that as of the last meeting, the City had not received any comment from member agencies of the RCA in response to the January 14th approval. She commented that the City Council had expressed its frustration with the process and requested proposed correspondence for signature by the Mayor. She explained that there was a letter requesting consideration, and a second letter to the County Supervisors. She noted that a subsequent letter was received from the Supervisors offering to meet to resolve the remaining issues. She indicated that she had prepared a draft letter for Council's consideration in response. City Treasurer Weber questioned if there was money for the fees that would be paid on the habitat plan, noting that the lawyers were doing a lot of work. He stressed that there would be an extra bill on the legal eases of the plan, and he was not sure there was enough money. Mayor Buckley commented that it would cost some money, but if the MSHCP documents were adopted as drafted the City would not have paid Page Fifty -Six — City Council Minutes — March 23, 2004 anything. He indicated that the Council did make the change request, which included good ideas and had a responsibility to pay for it. Councilman Magee noted that it was the City's responsibility to assist, but the County made several promises and needed to meet the City half way. He suggested that the letter received from the Supervisors was a step in the right direction and the two letters drafted by the Attorney were excellent, with the minor changes requested by the Mayor. He requested one more change on the second letter in the second to last paragraph. He indicated that he would like to, with Council concurrence, establish a point person being the City Manager, with the County designating Richard Lashbrook, since he made the commitments. He indicated that he did not believe the County should be able to hide under the RCA and pretend this did not happen. He suggested this would also take away any confusion as to who to speak to. City Attorney Leibold indicated that was a good suggestion which could be incorporated in the letter; and noted that as time had passed the action had left a void and the finger- pointing had started. Councilman Schiffner concurred it was probably a good idea, to designate the appropriate people for discussion. Mayor Buckley noted that the County had offered two Supervisors, Legal Counsel and Staff for a meeting. Councilman Hickman suggested when the meeting was held, they needed to review the projects that were exempt and be assured about the acreage. He suggested working with Ed Sauls to follow through with the positive points. Councilman Schiffner noted that work was ongoing to make the City part of the MSHCP, and stressed the need to be part of the association before other issues were addressed. Page Fifty -Seven — City Council Minutes — March 23, 2004 Mayor Kelley wished staff well in working with the County and indicated that she did not anticipate much flexibility on their part. She noted that her impression was that they would say take it or leave it. She concurred with the designation of a point person, but stressed that they had said the RCA was in control. Councilman Schiffner noted that some supervisors had already said take it or leave it, but others had not, and wanted the City to join very badly. Mayor Buckley noted changes to page 5 of 35 with the deletion of the second sentence in the second paragraph; and page 35 of 35 eliminating "with extra voting power ". He questioned calling on other member agencies to agree, or respond. City Attorney Leibold clarified that the proposed changes had been shared with the attorneys for the other agencies; and they were being shared more broadly with the committee appointees. Mayor Buckley expressed concern with the first letter that said a response was necessary. City Attorney Leibold offered to reword the letter; and clarified that it was not possible to unilaterally revise the agreement, as the changes would have to be made by all of the members. Mayor Buckley noted the letter on page 34 of 35, and indicated that Supervisors Tavaglione's name was misspelled, but noted that it was also misspelled in the County letter to the City. Councilman Schiffner commented that the existing voting system was the weighted voting and that would be the system used, when efforts are made to get them to vote for the changes. He noted that they specifically brought that to his attention at the last meeting; and commented that they were doing a pretty strong sell. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE LETTERS TO GO OUT AS AMENDED, WITH THE MAYOR'S SIGNATURE; DIRECT THE CITY Page Fifty -Eight — City Council Minutes — March 23, 2004 ATTORNEY OR HER DESIGNEE TO ATTEND THE NEXT MEETING WITH COUNCILMAN SCHIFFNER. Mayor Buckley noted that the Council was proceeding as best possible with the MSHCP, but there was no question the County and RCA could do a far better job and had promised to do so. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Resolution of Intention to Establish Community Facilities District No 2004- 1 (City Center Townhomes) - Resolution Nos. 2004 -18 & 2004 -19. (F:22.3) Councilman Hickman indicated that he pulled this item to provide information to the public. He stressed the fiduciary responsibility of the City, and the need to finance a facility and incur bonded indebtedness. He suggested that this district should be closer to $2 million, but he was assured it would come back to the Council with a further breakdown on the figures. City Treasurer Weber suggested having the amount of cost to each homeowner if there were no bond issues; and stressed the need to be sure of the cost. He suggested giving the Council a choice of CFD vs. no CFD, based on the housing costs. He commented that decisions should be made based on what is best for the people. He indicated that it was difficult to go through the paperwork when people buy a house and they don't know what they are getting into. Mayor Buckley noted that people now had the option of prepaying everything, but concurred with Mr. Weber that those details might be missed with lots of paperwork. He indicated that it was important to make sure the real estate people had very clear documentation, including the prepayment option. City Manager Watenpaugh noted that Mr. Weber's issues had been brought up to Administrative Services Director Pressey and the financial advisors. City Treasurer Weber expressed concern with the -- Page Fifty -Nine — City Council Minutes — March 23, 2004 overall cost and the costs built in for consultant fees and lawyers. He suggested that people were already strapped by going into a CFD. Councilman Hickman reiterated that his only concern was that when the district came back, he wanted an itemized breakdown on where the money was going. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION OF INTENTION NO. 2004 -18 TO ESTABLISH CFD 2004 -1 (CITY CENTER TOWNHOMES), ADOPT RESOLUTION OF INTENTION NO. 2004-19 TO INCUR BONDED INDEBTEDNESS AND SCHEDULE THE PUBLIC HEARING ON THE DISTRICT FORMATION FOR APRIL 27, 2004. RESOLUTION NO. 2004-18 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES). RESOLUTION NO. 2004-19 RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $5,000,000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-1 (CITY CENTER TOWNHOMES). THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:39 P.M. Page Sixty — City Council Minutes — March 23, 2004 THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:43 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh Street, indicated that she had some questions for the manager. She questioned why he interfered with her lawsuit by accepting a check from the defendant; and suggested he should know that an outsider does not interfere with a lawsuit. She indicated that the lawsuit was filed and went through mediation, and an agreement was made to pay the plaintiff the full amount of money; but there was some confusion and the money was split up to the attorney and the City. She stressed that the City was not a participant in the lawsuit, so it should not have accepted a check directly form the defendant in a lawsuit. She stressed that it was her lawsuit, and indicated that yesterday her attorney had to take time out to try to resolve this problem which was not yet resolved. She also questioned where the check was, and if it had been deposited, and when it was room deposited. She suggested that the City Manager be reprimanded for interfering in lawsuits. Paula Graver, 218 Ellis, noted her son was in Baghdad right now, and kept her informed whenever anything happened. She thanked the rally participants for their assistance. She advised that she had been named the sponsor director for Frank Rose in this area; and was seeking sponsors for travel costs. She read a presidential proclamation for Woman's History Month, March, 2004. Ron Hewison, 35 Villa Valtelena, reminded the Council that he spoke on January 27th, and indicated that his comments were inaccurately recorded in the minutes with regard to Lusk, Brehm, Pulte. He stressed that items were missing that he wanted included in the public record with regard to his personal lot and Canyon Lake's ability to get more delays. He noted that he mentioned that this matter should be an agenda item and it had not been on the agenda yet. He suggested that most people would be awed by the detail and a study session might be preferable. He requested that the minutes of January 27th be amended to reflect his Page Sixty -One — City Council Minutes — March 23, 2004 comments and the true public hearing, without being shortened to suit the public record. He noted that the bond information presented was difficult to understand, without the full book in front of him. He requested that Councilman Schiffner sit forward to speak into the microphone, so the public could hear him. He commented that the Thursday night meeting would be about the Treasurer and policies; but noted that ethics would also be discussed and indicated that he would appreciate full coverage of that topic. Pete Dawson, 18010 Grand, indicated that he would discuss the continuing story of the Lake. He noted that the summer season coming and with the price of gasoline so high, boaters would traditionally choose a closer lake. He presented a photo from the newspaper taken in January, noting that the air was 34 degrees and the water a bit warmer, so there should not have been an algae bloom on the Lake. He noted the green cast to the water in the photograph and indicated that this was the second year with this phenomena. He suggested that this was generally a factor when the air temperature was 100 degrees. He indicated that no clean well water was going into the Lake, but there was high nutrient water entering the Lake. He indicated that the community could not afford the publicity of an algae bloom this summer. He stressed that the treated water was to be blended with well water and natural sources, but water was being diverted from Canyon Lake for Water District use. He stressed the importance of avoiding an algae bloom this MWAIV NA Dawn Oakes, 29019 Avocado Way, noted that her area was quickly becoming a suburban neighborhood, and indicated that they had an extreme health hazard. She commented that the Mayor and Council were not aware of the problem, but as a citizen she called the SCAQMD, and they had been in her back yard and proclaimed an imminent health hazard. She detailed the respiratory conditions it impacted and suggested that it was from more than development and dirt bikers, such as the vehicles with licenses that were using the land inappropriately. She indicated that she had canvassed the City, and Woodside had not met their responsibilities. She indicated that there were dirt particles and dangerous spores in the air. She noted that even Councilwoman Kelley was exposed to the hazard daily, when she was at work. She indicated that there was an epidemic of asthma Page Sixty -Two — City Council Minutes — March 23, 2004 attacks and detailed the respiratory problems experienced in her neighborhood. She further indicated that there was a noise pollution issue from the motorcycles and quads being ridden in the area. She commended Captain Walsh and the Police Department on their efforts, and noted her multiple calls to the Sheriff's Department. She commented that the situation had aggravated a stress condition preventing her from working her job at McDonalds. She stressed the serious nature of this problem and indicated that the developers needed to close off the land. She questioned who she could go to, to seek correction of the noise and air pollution. She indicated that she was being forced to leave the City for recreation due to the aggravation of her asthma and sinus conditions. She indicated that she had spoken with the principal at Rice Canyon Elementary, the Sheriff s Department and heard from Mayor Buckley and Councilman Magee in response to her concerns. She noted that Mrs. Kelley had tried to contact her. She acknowledged Carol Gordon and Frederick Ray for their efforts to assist her. She indicated that she would not shut up until the air was clean and she could sleep in on Saturdays. She indicated that similar problems were happening in Tuscany Hills and Canyon Hills. Mayor Buckley noted that Ms. Oakes lives in the Centex area. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Addressed Mrs. Stafford regarding interference in her lawsuit and read the letter of transmittal that arrived with the check from Giardinelli & Associates. He indicated that the check was deposited on January 26th, receipt no. 2484, per the direction from the attorney. He commented that if he violated something, he was not aware of it. He suggested that the bank probably had the check. City Attorney Leibold noted that this lawsuit was a qui tam and the plaintiff brought the suit in the name of the City. She explained that the City elected not to intervene, but under the law the City shares in any settlement. She stressed that the City received and deposited the check per the settlement agreement. -- Page Sixty -Three — City Council Minutes — March 23, 2004 2) Commented to Ms. Graver that he was glad her son was o.k.; and noted that he had two surrogate sons there as well. 3) Indicated that he would check with the City Clerk to correct the Minutes for Mr. Hewison. He indicated that staff had just finished the chronology on the Lusk property and he would be happy to bring it back to a study session or Council meeting. 4) Clarified that the notices for the Thursday meeting include only two items, as four would have been too lengthy. He indicated that the meeting would deal with the Treasurer and City policies, which were felt to be the most critical issues. He commented that the other topics would be discussed later. 5) Addressed Mr. Dawson, noting that Councilman Magee shared his concerns; and he had requested a response on the pilot project. He indicated that a letter would be going out to Mr. Young at the Water District for response. 6) Addressed Ms. Oakes and indicated that he knew Community Development Director Brady had called and the Sheriff's Department was acting on the City's behalf with Code Enforcement. He indicated that staff got in touch with the AQMD representative and the major piece of property was being discussed with the City and the School District to preclude the dust issues. He indicated that staff would get back to Ms. Oakes with potential assistance. 7) Noted that comments were circulating that Costco had left town again, but stressed that they were moving forward; and noted that Home Depot had their plans submitted and Lowes was moving forward and paying fees. Page Sixty -Four — City Council Minutes — March 23, 2004 CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley had no comments. Councilman Hickman commented on the following: 1) Noted the presence of Linda Tucker at this meeting and noted that donations could still be sent to her at P. O. Box 33, Lake Elsinore, -- 92531. 2) Indicated that he attended the Support the Troops Rally and heard Frank Rose sing, pure old time country. 3) Noted that as RDA Chair he had been putting pressure on people and found they had not received the information on the bond debt issues. He indicated that he had requested that people be given certain sections and they had not received them. 4) Indicated that he needed a list of what the City owns, and would like to see action. 5) Requested that City Treasurer Weber be added to the RDA committee e-mail to receive the notes. 6) Noted an asthmatic child in the Tuscany Hills area, and indicated that the developer would water the project hourly to keep the dust Page Sixty -Five — City Council Minutes — March 23, 2004 down. He expressed understanding of Ms. Oakes problems and indicated that he would do whatever was possible. Councilman Schiffner commented on the following: 1) Addressed the e -mail received from Ms. Oakes and indicated that he turned it over to the City Manager, so he did not feel it necessary to contact her personally. He stressed that the Council did not direct anyone to do anything, but he was sure the City Manager was following through. Councilman Magee commented on the following: 1) Addressed the settlement of the Molendyk case, and indicated that he could understand where a member of the public would be skeptical about what he had done. He indicated that the lawsuit and results were a testament to that. He indicated that he had reviewed the material and discussed with the City Manger and Finance, and believed the check had been deposited and cashed and the City had the money. He commented that if there was a logistical problem, it could not be blamed on the City; however if there was a problem there would be legal recourse at the expense of Mr. Molendyk, not the City. He suggested that if none of that happened he wanted to know about it, as that was another issue for which action would be taken. 2) Commented on the Nuisance Abatement Committee and indicated that he requested that it be placed on the next available agenda to fill that position. He indicated that he would like the Council to be considering an appropriate appointee and advise the Mayor of any suggestions. He also suggested that interested members of the public contact City Hall to state their interest. Page Sixty -Six — City Council Minutes — March 23, 2004 3) Indicated that he was contacted by a mining inspector who wanted to meet with City inspectors and noted that he would provide the name and numbers. 4) Noted that he represented the City at the Student of the Month Program, and was very impressed by the Students and the support of the Business Community for this program. He commented that the event made him feel good about the town. 5) Addressed Ms. Oakes and indicated that he took her complaint very seriously, and indicated that he was in the area yesterday after school hours and could see why she was concerned. He noted that with regard to the Sheriff's Department he had passed her compliments on to them and noted that the problem was an attraction for off -road activity. He indicated that the Mayor was in discussion with the developer and might be able to work something out. He noted that -- there was no water truck on site, but the AQMD had citation ability for fugitive dues. He commented that with respect to Forecast Homes, he did not think there was a policy they had not violated. He noted that Ms. Oakes had been in contact with Mr. Strickland who indicated that the level of dust was an immediate health hazard. He further noted that he had asked staff to find out why citations were not issued. He stressed that Mr. Strickland was tasked with protecting the quality of life and air quality; and noted that there was no hesitation in issuing a citation to a closed business on a Sunday, for steam coming from a compost pile. 6) Expressed appreciation to Mr. Hewison for going over the Minutes, and indicated he was embarrassed that he did not pick up the omission. He indicated that he was passing on an e-mail to staff, from Mr. Hewison regarding construction hours on the Pulte Homes site. He noted that they were starting work too early. Page Sixty -Seven — City Council Minutes — March 23, 2004 7) Announced as the appointee to RCTC, that the Commission was going to be setting up a grant program for pedestrian and bicycle projects. He noted that there would be over $1 million in that fund, and suggested discussion of the project near the outflow channel. He noted that he would pass the information on to City staff. 8) Indicated that he was going to ask the City Manager to address the concerns presented by Mr. Dawson, and expressed appreciation for his willingness to forward a letter to Mr. Young on the three part water that was to be going into the Lake. 9) Indicated that over the past 12 years he and Supervisor Buster had a stormy relationship, but today found something to agree on, being the selection of Gina Bennett to serve on the Emergency Medical Response Committee. Mayor Buckley commented on the following: 1) Encouraged Ms. Oakes to continue to work with staff and AQMD; and noted the parcel of land behind her. He indicated that he had e- mailed her concerns to the owner of the property. He noted that from a previous discussion, he knows that they do not like the bikes out there either, but there is a problem with gating the area until the School District dealt with the parking issues. He expressed hopes that gating the area would help, and indicated that it should not be a problem for much longer. 2) Noted that he was with the Valley Group in Washington, D.C. last week and would be preparing a memo to staff and Council on their efforts. 3) Indicated that he would be preparing a memo on an idea he had for the creation of a committee on electoral reform to work with the City Page Sixty -Eight — City Council Minutes — March 23, 2004 Clerk and the City Attorney, to look at the current electoral system and address possible changes such as moving the date of the elections to the on -year cycle, a fixed system for appointments to all commissions, election by district, directly elected mayor, and tightening the campaign reporting standards. He stressed that this committee would specifically not be a committee to look at the potential of a charter, as that idea had been maligned and needed a lot more public education. He indicated that he would draw up a report, hopefully by April 1St, before the next agenda comes out. He suggested that the Council members have someone ready to appoint. 4) Noted the Study Session on Thursday, March 25th at 5 p.m. regarding policies and the City Treasurer role. 5) Announced the following upcoming events: March 27th — Cruise Night — Downtown April 2nd — Flashlight Easter Egg Hunt — Community Center April 3rd — Household Hazardous Waste Collection — City Yard April 3rd — City -Wide Clean -up Day April 4th — Open Air Market — Downtown April 8th — Opening Day at Petco Park April 9th — Start of Storm Baseball April 10th — Children's Fair & Egg Hunt — McVicker Park April 10th — Special Olympics Event — Creekside Park Page Sixty -Nine — City Council Minutes — March 23, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:20 P.M. THOMAS BU ,PKLEY, MAYOR CITY OF KE ELSINORE AT EST: 1 VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MARCH 25, 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 5:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PUBLIC COMMENTS Ron Hewison, 35 Villa Valtelena, indicated that it was great to have the public involved in this process; but noted that the Water Board provides a full packet for the public at meetings. He suggested that this would allow the public to more accurately and appropriately address the Council. DISCUSSION ITEMS A. City Treasurer Position. (F:49.1) Page Two — City Council Study Session — March 25, 2004 Mayor Buckley noted that the Municipal Code had only one paragraph regarding the Treasurer's powers and duties, and read Municipal Code Section 2.42.080. He indicated that the Council Policy was adopted in 1989 with four duties, and also read those duties. He commented that while the Code was very broad, the policy was very limited. He suggested that it would be best to at least make them match, so everyone knows what is to be done. City Treasurer Weber noted his concerns due to the complexity of the bonds; and suggested that the City had quite a way to go on the GASBY 34 requirements. He addressed comments from Mayor Pro Tern Kelley about the need for help and a Finance Committee. He clarified that the intent would be to have two people assist him in going through City finances. He addressed policy statement No. 3, and noted that he never sees financial transactions until the meeting with Council. He suggested that he should be involved much earlier, to comply with the role. He noted the January 22nd now meeting comments and indicated that after he asked for the Finance Committee, Mayor Pro Tem Kelley pointed out that there were no qualifications for the office, and suggested that it was not appropriate for the position to oversee the budget. He concurred with that point and expressed understanding of her position. He noted City Manager Watenpaugh's comments regarding the 1990 bond issues and his confirmation that there were problems which were corrected without the help of the treasurer, but through the financial team. He stressed that he would not intend to direct how the bonds were done, but indicated that there needed to be more of a team approach, as is done in business. He suggested that he was seeing issuances of $23 to $25 million for the first time at the meeting. He noted that the Council wanted to be more involved in the bonds and creation of CFD's, because of the amount of money. He indicated that he wanted a reclarification of the policy and an explanation of the differences in what the Treasurer will be doing. He noted that he would have to abide by whatever the Council decided. City Manager Watenpaugh indicated that if Mr. Weber wanted to be an -- Page Three — City Council Study Session — March 25, 2004 active participant with the Finance Team, that would be great. He explained that there was an outside finance team and Mr. Weber might be feeling outside the loop because of where the policy puts him. City Treasurer Weber requested the ability to contact the Union Bank representative to request material directly from them. He suggested that he would not put the City at risk by contacting them, noting that he had requested a list of material and still has not received it all. He indicated that he wanted to know how much Bond Counsels were getting paid and would rather not have to go through the City Manager. He indicated that he would prefer to contact them directly, since he had the phone numbers. He further indicated that he did not want the City Manager to worry about what he was doing, as it was not intended to be adversarial. He suggested that the adversarial approach needed to end. Mayor Buckley commented that even prior to the election, he had thought that there was a need for as much public input as possible, and stressed that the Treasurer was an elected official. He noted that the past officials had not been willing to participate or were required to use speaker forms; but stressed that the job existed and had significant citizen support. He commented that the past attempt to eliminate the position went down overwhelmingly. He addressed definition of the position and noted with regard to the four existing policies, he had an idea to add that: The Treasurer shall have open and complete access to all financial records via the Administrative Services Director. And The City Treasurer shall be a member of the City Finance Team and actively involved in the creation of annual and capital budgets. Additionally if a Finance Commission is appointed the City Treasurer will be the chair of that. He stressed that the Treasurer should have the same meeting rights and responsibilities of a Council Member, except the ability to vote. He also noted that the Treasurer should have access to the RDA financial, but clarified that the City Manager was the RDA Treasurer. City Manager Watenpaugh confirmed. Mayor Buckley inquired if the City Code was in conflict with the RDA bylaws. City Attorney Leibold indicated that there was no conflict as the Agency was a separate legal entity. Page Four — City Council Study Session — March 23, 2004 Councilman Hickman indicated that the City Treasurer should have access to the RDA, due to concerns with payback and the RDA Project Area III. He suggested that the position did not need to be added to. City Treasurer Weber stressed that this discussion was about the position, and not the person. Councilman Hickman inquired how Administrative Services Director Pressey felt about the proposed changes. Administrative Services Director Pressey indicated that he was fine with the overall purpose of the position and how involved he was in the decisions from a financial aspect. City Treasurer questioned the intent and what would be involved, particularly if he would be actively involved in the long term financial team. Mayor Buckley clarified that he felt the City Treasurer should be part of that team. He noted that while the Treasurer was newly elected for this budget year, he should in the future be involved in the short and long term discussions. City Manager Watenpaugh indicated that he had no problem with the proposed changes, but questioned the intent to allow the Treasurer to vote. Mayor Buckley clarified that the intent was that he would have the rights and responsibilities of the Council, save the ability to vote. He would be allowed to participate and held responsible for participating in the appropriate fashion. Councilman Schiffner indicated that he had no objections to many of the comments, and if the Treasurer wants some other people involved that would be fine. He expressed concern however with the Treasurer becoming as deeply involved in the process as was proposed, that he would suggest setting requirements for the position at the next election to ensure that the person elected had a background in finances. He suggested using a group of Finance Directors to put together a proper background for something like this. He questioned the ability to set requirements for the position. He stressed that the person should have adequate experience in public finances and bonds before turning over the responsibility to them. City Treasurer Weber concurred that there should be someone who was a CPA in the -- Page Five — City Council Study Session — March 25, 2004 position. He noted that Charter Cities require that but they make more money; and indicated that it is difficult to get people to take the time out of their day. Councilman Schiffner stressed that he was not in favor of turning the process over to someone without the background. Mayor Buckley questioned the guidelines to run for office. City Attorney Leibold explained that the qualifications were set by Code. Mayor Buckley questioned the ability to change the qualifications. City Attorney Leibold indicated that the issue of qualifications was probably the reason the majority of cities don't have a Treasurer. She commented that Charter Cities were the exception, as they could establish different requirements; however in a General Law City that was not clear. She indicated that if the Council chose to go that direction, she would have to investigate the matter, but her instinct was that it would be overruled by State law. Councilman Schiffner commented that the reason the position had carried very little responsibility was that there were no requirements. He suggested appointing a qualified person to do the function, rather than letting anyone off the street run for office without any background to take responsibility for finance. City Manager Watenpaugh clarified that he did not hear the Treasurer saying he wanted to write a check or watch the money, but rather participate in the review process. He indicated that he did not see a problem, but it might slow things down a bit. City Treasurer Weber commented with regard to investing money, someone would have to be a CPA to manage that type of portfolio. He suggested that the current level of interest on the reserve funds was very low. Mayor Buckley suggested that the position should be similar to Council inputting into policy, but not micromanaging. City Manager Watenpaugh indicated that the Council only had to authorize the Finance Team to respond to the Treasurer, as they do not take calls from the general public or developers. He further indicated that he would need to get in touch with the Finance Team and authorize them to answer his questions. He commented that Mr. Weber ran on getting input back to the community and something useful for the City, and suggested his participation was an excellent idea. Councilman Hickman noted that there was quite a learning curve in this Page Six — City Council Study Session — March 25, 2004 intricate area. He suggested that backing himself with a couple of knowledgeable people to walk him through it and educate him was a good idea, without bothering the Finance Team. Councilman Magee noted that he had requested a list of City Treasurers since 1985, and as he looked at the individuals and the times they held the office, he could see that the role of the Treasurer increased or decreased based on the majority support by the Council. He indicated that the current Treasurer was sensitive to the need for a level playing field, and suggested that it should not fluctuate. He noted that the City Treasurer or other elected officials should not fill out a three minute request to speak form. He noted that with respect to the chain of command issues, as a Councilmember he is required to work through the City Manager; and the City Treasurer should also. He commented that the Council could not call consultants or department heads, but their staff is the Clerk, the Manager and the Attorney. He indicated that all of his contact is with the City Manager and he would not support the City Treasurer being able to speak to Union Bank or a consultant without the City Manager being in the loop. He indicated that he believed the City Manager would facilitate such conversations with direction from Council. He commented that with respect to the role being bandied about as a "watchdog ", it could be used as a positive term with oversight of funds and continuing the renewed openness policy to encourage public involvement and set aside the apprehensions in the community. He suggested that decorum at public meetings could go a long way to make the process easier for everyone. He noted that the current Treasurer wants to participate, but needs to be recognized by the chair, however there needed to be either a direct line of sight or a strategy to limit disruptions. He stressed that participation is not appropriate, if not recognized by the chair. He suggested that design factors might assist with the decorum concerns; and stressed the need to exhibit decorum and respect for the citizens, consultant or staff consistent with policy no. 200 -1. He further suggested that any press releases issued by the Treasurer should be consistent with policy no. 400 -6. He stressed the need to spend some time to discuss the limitations and guidelines to be attached to this role, including Page Seven — City Council Study Session — March 25, 2004 the appropriate use of staff. He commented that staff is a resource and resources cost money, of which there is not a bottomless pit. He stressed the need for openness and communication, as much as possible, but indicted that it can't be eight hours, five days a week. He noted that some Councilmembers meet with staff every week and get briefed, and suggested there should be something more regular to allow staff to work effectively with the Treasurer in the time effective manner. He indicated that with regard to the City Treasurer being on the Finance Team, he was a bit ambivalent. He concurred with participation on the budget, but questioned the Finance committee. He stressed the need to follow the policy manual, but suggested that meeting rights came back to decorum. He addressed access to RDA financials, but stressed that it had to be consistent with the chain of command through the City Manager. He concurred with the team approach, but noted that a team has a quarterback or a center, and the ball is run through the City Manager. He agreed the adversarial situation needs to go away, but everyone needed to work on that. Mayor Pro Tern Kelley concurred that there were a variety of components, but the Council Policy Manual was the guideline she and staff had to go by. She stressed that there were policies established and everyone needed to follow them. She indicated that she had no problem making the Treasurer a part of the Finance Team; and noted that with regard to the budget, he is always invited to the budget review meetings. She agreed with Councilman Magee on the meeting rights and chain of command, with the City Manager running the City. She indicated that it undermines the ability to run the City, if requests were not channeled through the City Manager; and commented that she would not be comfortable with someone skirting that process. She indicated that she had no problem with the Treasurer having accessibility to reports; and clarified that her quote was following his comments on needing help with the complexity of the issues. She reiterated that there were no requirements to run for Treasurer, and suggested excluding the person from the discussion and looking at the position down the road. She noted that the current policy was set in 1989, and expressed caution in the rights and responsibilities assigned when there are no requirements for the position. Page Eight — City Council Study Session — March 25, 2004 She indicated that she felt the Treasurer was asking for participation, which she did not have a problem with. She indicated that she did not disagree with what was added, except the meeting rights and making phone calls. She suggested that it was not appropriate to call bidders or the banks; as everything needs to go through the City Manager. She noted that her quotes from the table were due to the interest in expanding this position, but she was not willing to expand the position without the opportunity to discuss the matter at the dias. She indicated that she could appreciate that the Treasurer was excited and wanted to do the job; but she had a problem when he was out doing his own thing and not coordinating with the City Manager or abiding by the policies the Council is required to abide by. City Treasurer Weber noted as far as calling the bank, he didn't think he would have to do so, if he participated on the Finance Team. Councilman Magee indicated that this participation was one way to encourage participation from the Treasurer and relieve some of the angst that he won't have time to speak during the public hearing. He suggested amending policy no. 100 -4a to add Treasurer Comments at the end of the agenda for each meeting. He stressed that this would maintain a time for his use, but he could decline if he had no comments that evening. He stressed that it would not be a requirement to speak, but it would be an opportunity to speak. He noted that there was no requirement for the Treasurer's attendance at meetings, but there needed to be; and suggested amending policy 200 -1 to require that he attend meetings or advise the City Manager in advance if he will be absent. Mayor Buckley noted the Council limitation of three unexcused absences. Councilman Magee reiterated that they should have the same rights, responsibilities and obligations as the Council. Councilman Schiffner questioned the level of participation at Council meetings, and suggested that he had an obligation to speak on questions of finance, but not on whether to spend money or how much is spent. Mayor Buckley noted so much of the consideration involves other people's money, so he would want as many people as possible looking at the issues. He noted that not a lot of things on the agenda are completely free. Page Nine — City Council Study Session — March 25, 2004 Edith Stafford, 29700 Hursh, indicated that she was a little taken back about speaking about background after an official was elected to office. She suggested that if the voters felt confident enough in his background, it was a little late for Council discussion. She suggested that the Treasurer should have more involvement in what is going on in the City, and questioned who oversees what the Manager is doing. She indicated that the Treasurer should have a little more involvement, so the citizens will be able to understand the rapport with someone at the City's level. She questioned why there were rejections, when someone tried to improve things for the citizens. She noted that in the past the Treasurer was treated like an ordinary person, and not allowed to look at anything in the past. She indicated that she could not understand anyone having that kind of feeling toward an elected official. She expressed hopes that the policies would be tightened up, so the City can run well and give the citizens more confidence. Bill Arnold, 31556 Sagecrest Drive, commented on an article in last week's newspaper about his concern with documentation provided; and clarified that on the 18th of November he had a meeting with the Finance Manager and he said he would provide the documentation free, but later said he could not provide it for free. He noted that he spoke with Mr. Weber and he said he would see what he could do; so he was simply trying to approach a problem and the way to resolve it. He indicated that he was glad to see the City looking at the Treasurer's powers. He expressed hopes that they would not restrict him too much. He stressed that part of the responsibility for the money is to spend it and watch it. He further stressed that the Treasurer should be involved in the process. Carmen Delsman, 31512 Sagecrest Drive, indicated that the City Treasurer was doing a great job, and was very informative, giving them a lot of necessary information since they recently moved here. She noted that they bought the home and a year later got a tax bill, they had not been informed about. She indicated that he had provided a lot of information, and another set of eyes to look at the finances were very beneficial. She suggested that the requirements should be similar to those of a Councilmember. She noted Page Ten — City Council Study Session — March 25, 2004 that the Council votes on CFD's, but they aren't required to have bond knowledge. Michael O'Neal indicated that he had not intended to speak, but was seeing a fundamental problem in the process and everyone was struggling with this issue. He commented that the problem stemmed from the fact that there was no definition for the position; and that was where this process needed to start. He stressed the importance of establishing what the Council wanted to achieve with this position, noting that it reports to the Council and not the City Manager. He suggested they might want to look at how everyone interfaced. He suggested that this was one of the fundamental problems with activism in that the position was more like an examiner, unless the position was redefined. He noted that he heard the Treasurer talking about giving the public information, but commented that was not the role of the Treasurer. He indicated that the role was to give the Council information, and suggested looking at the discussion in a different way. -- Chris Hyland, 15191 Wavecrest, indicated that she had not planned to speak, but she was rather offended by Councilman Schiffner's comments about qualifications. She indicated that she would like to know the qualifications of each Councilmember, and stressed that they were elected by the citizens. She questioned the Council's qualifications to approve bonds. Mayor Buckley commented that everyone brought a different range of experiences on a vast number of topics. He suggested that City Treasurer Weber, Mayor Pro Tem Kelley and Councilman Magee work on a subcommittee to rewrite the policy. He indicated that it was an important point to be consistent from person to person, and inquired of the City Attorney how to ensure that it was consistent, as a policy or codified. City Attorney Leibold indicated that either was fine, but changing the Code was more involved. She suggested that codification would not be a bad idea. Councilman Magee indicated that he would accept that with the caveat that they were only revising the City policy with the input heard today, noting Page Eleven — City Council Study Session — March 25, 2004 concerns with limitations and guidelines. He indicated that he would appreciate the opportunity to work with Mayor Pro Tem Kelley and the City Treasurer to flush that out, but noted that what would come back would include more material. He pointed out that various roles had been discussed including the City Manager, but one person who had not been mentioned was Administrative Services Director Pressey who was newly hired in the position, and working without a net with the new Council and a new City Treasurer. He noted that Mr. Pressey takes his direction from the City Manager and he could honestly say that was the one City position he did not hear any complaints about. He commended Mr. Pressey on his work. Councilman Schiffner commented that background and experience was mentioned; and noted that Mr. Pressey would not have been hired without the proper background and experience, and he came with a great deal of both. Councilman Hickman noted that he was never active in politics prior to his election, but remembered City Treasurer Knapp at the podium. He commented that the present situation was created by the past history of the City and the financial problems were created by the CFD's. He stressed that those circumstances helped to form the attitude of the Council and he wanted wiggle room and the ability to work together and cooperate. Mayor Pro Tem Kelley noted that Mr. Knapp many times spoke as the Treasurer, and her own husband also spoke when he was the Treasurer. She indicated that she would be delighted to accept the challenge of working on the policy. Councilman Schiffner agreed to the formation of the subcommittee and suggested consideration of what Mr. O'Neal had suggested. B. City Council Policies.(F: 120. 1) Mayor Pro Tem Kelley questioned the direction the Council was going to go with this item, noting the volume of the policies. Mayor Buckley indicated Page Twelve — City Council Study Session — March 25, 2004 that he thought if people had picked out specific policies which should be changed, either radically or minorly, they could just go down the line and discuss them. THE CITY COUNCIL STUDY SESSION WAS RECESSED AT 6:12 P.M. THE CITY COUNCIL STUDY SESSION RECONVENED AT 6:24 P.M. Mayor Buckley addressed policy no. 100 -1, page 2 of 3. Councilman Schiff-her suggested appointing another subcommittee of the Council to work on the policies and bring the proposed changes back for consideration. Councilman Magee suggested that the Mayor participate on such a committee. Mayor Buckley questioned the need to retain City Council meeting tapes longer than four years. City Clerk Kasad commented that they are intended to be a tool for preparation of the minutes, with the minutes being the official record. Mayor Buckley addressed policy no. -- 100-9 regarding Change Orders and the level at which they have to come to Council for approval, noting that the policy made him nervous. He addressed policy no. 100 -10, and suggested interpreting access as broadly as possible. City Manager Watenpaugh clarified that there was only a charge for records if someone wanted copies; but questioned how many times to pull the same records for the same person. Mayor Buckley suggested this was possibly a three strikes issue. Mayor Pro Tem Kelley noted that staff time was costly. Mayor Buckley concurred that there should probably be a limit. City Attorney Leibold suggested three times and then they pay a cost for the staff time. Mayor Buckley addressed policy no. 200 -17, noting that the order of business did not match the other policy on the agenda, no. 200- 1. Mayor Buckley questioned the definition of majority vote, noting that in policy no. 200 -1, an ordinance or resolution passes, unless a greater majority is required by law. He noted that there were three votes on the CFD, and the policy defines majority as three. Councilman Magee questioned the policy taking precedence over that. Mayor Buckley confirmed. City Manager Watenpaugh questioned the impact of the abstentions. City Attorney Leibold clarified the abstention issue vs. the Page Thirteen — City Council Study Session — March 25, 2004 issue of absences. She indicated that common law practice is that an abstention counts as a positive vote, although Roberts Rules suggests they don't count. She indicated that in California Case Law, an abstention was considered a positive vote; and noted that the Government Code says majority means a majority of those present, except on specific actions of the elected body. She noted recent changes that changed the verbiage from three to a majority of the elected. She addressed the possibility of a policy overriding case law and indicated that she did not remember seeing anything inconsistent with State law. Councilman Magee stressed the need to find out the actual effect, specifically with regard to the CFD. He indicated that there was existing policy that was not followed. City Attorney Leibold noted that the City could enact a policy that was different than State law, but if the City's policy is inconsistent it would be impermissible and need to be fixed. Mayor Buckley suggested that policy no. 300 -2 regarding petty cash should eliminate City Council access. He indicated that policy no. 300 -8 had been a bug -a -boo for him for quite a while; and suggested that the Administrative Services Director and City Treasurer look at it in detail, noting that the City should not be stupid enough to invest in derivatives. Mayor Buckley noted the seat belt policy and use of city vehicle policies. City Treasurer Weber noted that when he was in the military one had to fill out forms to take a vehicle off -base; and commented that there was also the risk of alcohol, and suggested keeping the policy strict. Councilman Hickman noted that mileage should be based on Mapquest mileage. Councilman Magee requested an addition that if a City vehicle is involved in an incident, the driver should submit to a blood alcohol test, in a timely manner, with the results to the City Manager for possible action or termination. He noted that there was a policy at his company requiring immediate testing, with the potential for immediate termination. Mayor Buckley noted some typos in the Internet policy. Councilman Magee noted that he had things to point out as a reminder that they in the manual, as well as some changes and additions. He addressed policy no. 100 -1, item 1, noting that the manual was intended to contain all policy statement adopted by resolutions or minute actions; so if they were Page Fourteen — City Council Study Session — March 25, 2004 not in the book they did not exist, such as the CFD policy. He stressed the policies that he has heard about that are not listed in the manual. He noted that there was to be a Council committee to review the manual annually, but there were typos dating back to 1984. He noted the need to add Treasurer comments to the end of the agenda. He suggested in light of the recent turmoil on copying, that policy no. 100 -10 needed some particular attention, and might need updating. He addressed policy no. 200 -1, noting that the Mayor may call a study session or any four members of the Council, and suggested that might be a bit prohibitive. He suggested that it be changed to the Mayor or any two members. He addressed policy no. 200 -1 and noted that the Council had the ability to extend a speaker's time beyond the three minute limit to complete their point. He addressed the rules of decorum and read section 9.3, noting that it also referred to the audience and should apply to elected officials and staff. He addressed policy no. 200 -5 regarding appointments and suggested firming this policy up. He commented on policy no. 200 -7 regarding the City Treasurer and noted that it was -- discussed fully. He further commented on policy no. 200-10 regarding the scheduling of Study Session on Tuesdays, and noted that was not consistent with what was happening. He addressed policy no. 300 -1, noting that the Treasurer's compensation needed to be added, as well as health insurance and other benefits provided to elected officials. He requested the addition of verbiage, that no other committee or commission shall receive compensation without direct approval from the Council. He addressed policy no. 300 -2 regarding petty cash and concurred that since 1993 the Council had been able to be reimbursed out of petty cash. He addressed policy no. 400 -1 regarding City identification and noted that he does not have his card and he did not want to be out of compliance. He suggested that policy no. 400 -6 also include the City Treasurer with regard to press releases. Mayor Pro Tem Kelley noted that at one point there was a policy regarding correspondence, wherein every Council person received copies of all correspondence. She suggested that this should include e- mails. She noted that there was also a policy regarding the use of City letterhead, and if Page Fifteen — City Council Study Session — March 25, 2004 a person was writing a personal opinion from a personal stance, they needed to state that it was their opinion. Councilman Hickman concurred with the e -mail portion. Mayor Buckley noted a -mails sent to the City Manager, and questioned if the Council wanted to see all of those too. Mayor Pro Tem Kelley suggested that this came to an issue of common sense, but there were a lot of e -mails that she and Councilman Schiffner had not been a party to. Councilman Hickman indicated that he had not gone through the manual. Councilman Schiffner indicated that the Council needed to keep in mind that there were probably some items set by municipal code or standard procedures that would not rise to the level of Council policy. He suggested that this manual should not address routine things done by staff. Mayor Buckley inquired if the manual covered action by the Redevelopment Agency. Councilman Hickman indicated that they should be consistent with regard to the set - aside. City Attorney Leibold indicated that was something for an Ordinance, and indicated that City policy was not something adopted by the Redevelopment Agency, so she would say no unless the RDA decides to adopt them or abide by them. City Manager Watenpaugh inquired if there were other policies the Council wanted to consider such a public facility naming, as there was no such policy. Mayor Buckley noted that the School District allowed naming facilities after living people. Mayor Pro Tem Kelley noted the memorials at Butterfield School. Mayor Buckley noted that Jerry Tucker called and the family would now prefer the fishing beach. City Manager Watenpaugh indicated that he would meet and bring back a package with the verbiage and location. Councilman Schiffner concurred that the package should be put together and submitted to the family before the Council took action on it. Mayor Buckley suggested that with regard to Robert's Rules the Clerk should buy copies for distribution to everyone, as well as the plasticized Page Sixteen — City Council Study Session — March 25, 2004 sheet. City Attorney Leibold indicated that it was a good idea, however in deference to Roberts Rules, she had always questioned their applicability to municipalities. She questioned if it was appropriate to default to Robert's Rules or if there was a better fit. Mayor Buckley requested that the City Attorney and City Clerk discuss this. Mayor Pro Tern Kelley indicated that the Committee had a general idea of where to go with the revisions. Mayor Buckley appointed himself and Councilman Hickman to the committee to review and revise the policies. ADJOURNMENT THE CITY COUNCIL STUDY SESSION WAS ADJOURNED AT 7:00 P.M. THOMAS BUCK Y, MAYOR CITY OF LA ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13, 2004 CALL TO ORDER Mayor Pro Tern Kelley called the Joint Study Session to order at 4:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, ABSENT: COUNCILMEMBERS: BUCKLEY (Mayor Buckley arrived at 4:40 p.m.) Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio and Deputy City Clerk Ray. DISCUSSION ITEMS City Attorney Leibold indicated there was one item for closed session. 1. Conference with Legal Counsel - Anticipated litigation (1 case). PAGE TWO -STUDY SESSION -APRIL 13, 2004 Presentations /Ceremonials City Manager Watenpaugh noted that the Mayor would also be presenting Sav- On Drug Store with Business of the Quarter. Councilman Magee inquired on the Economic Development Presentation. City Manager Watenpaugh explained that the Riverside County Economic Development Agency took over sponsorship from the Riverside County School District and was going to give a brief presentation of the types of services and programs they offer. Community Services Director Sapp noted Jerry Craig would be present for the presentation. Consent Calendar Minutes — Councilman Hickman inquired if the RDA received the Lehr Option. He indicated he had requested it be given to the RDA Committee. City Manager Watenpaugh explained the RDA did not hold the option with the Lehr's. City Attorney Leibold explained that the Agency had no contractual interest in the Lehr agreement at this point. Councilman Hickman inquired on item If page 60 of 69 last paragraph, he suggested using "bored" instead of "awed ". Councilman Magee indicated on item 1c page 6 of 54 there was a typo. He also indicated item 1 d page 2 of 14 there was discussion regarding the Molendyk check and the minutes reflected that a copy of the check was provided for individuals that requested a copy. He commented to the best of his knowledge, no one received a copy of that check; he understood PAGE THREE -STUDY SESSION -APRIL 13, 2004 the minutes reflected what was said at that time, but indicated he had not received a copy of the check. City Manager Watenpaugh indicated that in talking with Finance Manager Magee, a copy of the check was made before it was deposited and given to Edith Stafford; once the check was deposited staff did not have a copy. He noted there was no copy of the check at City Hall, but he could provide Councilman Magee with a copy of everything that staff had regarding the deposit; he reiterated there was no copy of the actual check at City Hall. Councilman Magee noted there was a typo on item 1 f page 65 of 69. 2. Warrant List — Councilman Magee requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. Councilman Hickman requested clarification for various checks issued from Item No. 2, the Warrant List. Staff clarified the checks in question. 3. Proclamation -Crime Victims' Week. No comments. 4. Claim against the City. No comments. 5. CFD for City Center Townhomes Phase II. No comments. 6. CEQA compliance documents for Home Depot. Councilman Magee inquired if staff policy or procedure was to allow the developer to select their own environmental consultant; and then the City PAGE FOUR -STUDY SESSION -APRIL 13, 2004 issue the request for proposal and review that company's response or did the City have a list of preferred vendors. City Manager Watenpaugh explained that through Duane Morita, contract Environmental Coordinator, HDR had done most of the City in house work as a contractor. The applicant paid the fee and staff was in control as opposed to having the developer actually use their own environmental specialist. Community Development Director Brady commented that the applicant might have someone review the report. Councilman Magee clarified that on any particular project, Mr. Morita selected based on his experience; which consultant was appropriate for this particular type of project and then he request they prepare a proposal and if he deemed it acceptable it then came to Council for approval. Community Development Director Brady confirmed that was basically correct. Councilman Magee indicated that he had reviewed Mr. Morita's contract and it seemed as though the City had placed a lot of authority; and felt that was something Council and staff might want to review again. He indicated that he preferred to keep the money in the City or in Riverside County before sending opportunities to other Counties. Community Development Director Brady clarified that it was other City staff as well, Mr. Morita did not make the sole decision. Councilman Magee indicated his contract stated he was responsible for it and there was no listing of oversight. Community Development Director Brady indicated that ultimately he was responsible since it would come through his department. PAGE FIVE -STUDY SESSION -APRIL 139 2004 City Manager Watenpaugh indicated that extra steps would be added to give that control. 7. Amendment to the License Agreement of the Old Library Building. Mayor Pro Tem Kelley inquired if it would be the same program or if there were changes. City Manager Watenpaugh explained the School District dropped their sponsorship of the program and Riverside County EDA took it over. Councilman Magee inquired if staff had inspected the facility and if they were in compliance. Community Services Director Sapp confirmed. 8. Deposit & Reimbursement Agreement between the City and Corman Leigh. Councilman Hickman inquired what the dollar amount was on their CFD. Administrative Services Director Pressey indicated it was $5 million. Councilman Hickman inquired if this had anything to do with dollars to come back for the RDA. City Attorney Leibold indicated that she would need to do some research. PUBLIC HEARING 21. Design Review of Canyon Hills Fire Station. No comments. PAGE SIX -STUDY SESSION -APRIL 13, 2004 22. Resolution for LLMD No. 1 as Annexation Area No. 2. No comments. 23. Consideration of objections to the City's Weed Abatement Program. Mayor Pro Tem Kelley indicated that she received an email from a property owner which she had given to the City Manager to handle. City Manager Watenpaugh commented that he had spoken with that property owner and her property was located behind City Hall; her concern was whether or not she could get the property abated by the deadline. He noted she was going to call him tomorrow. BUSINESS ITEMS 31. Second Reading- Ordinance No. 1117 — Zone Change No. 2003 -02 Daigle Homes. ..r No comments. 32. Second Reading- Ordinance No. 1118- Animal Control Fee Schedule. No comments. 33. Industrial Project No. 2003- 06 - "D &D Cattle Industrial ". No comments. 34. Nuisance Abatement Hearing Board. Councilman Magee indicated that there was a typo in the staff report. He commented City Clerk Kasad took care of his other questions earlier. 3 5. Easement and Public Park Improvement Agreement. PAGE SEVEN -STUDY SESSION -APRIL 139 2004 Mayor Pro Tem Kelley indicated that there was no design in the staff report. City Manager Watenpaugh explained that there was not an actual design of the park completed and approved at this time. Community Services Director Sapp explained that it was part of the park plan which would be reviewed by staff. Mayor Pro Tem Kelley inquired if they would be required to put in play equipment. Mr. Sapp explained that it would be based on the evaluation of the property, as far as what the financial investment would be in the property. Mayor Pro Tem Kelley indicated that there was a lot of interest in that community. Councilman Magee indicated that there was no deadline for the Water District. He commented he was not comfortable with no deadline, and suggested a deadline of February 1, 2005. City Manager Watenpaugh commented that staff would send the report back with the suggested modifications. 36. City Hall Remodel. Councilman Hickman inquired if there was a deadline. City Manager Watenpaugh indicated that if Council wanted to give a 6 month deadline that was fine, but the project should be done earlier than 6 months. He noted that the vendors had not given him a timeline yet, but his anticipation was to have this project completed before his goals and objectives were due. PAGE EIGHT -STUDY SESSION -APRIL 13, 2004 Councilman Magee commented that the cost had gone up significantly. Councilman Magee suggested an oval conference table in the new Council Office. Mayor Buckley arrived at 4:40 p.m. City Treasurer Weber commented that the cost to have the wall removed to extend the counter top was expensive. 37. Amendment to Land Development Agreement with South Shore Properties. No comments. 38. Electoral Reform Committee. Mayor Buckley indicated that he would like the committee to look at this in a short time frame, possibly within three months and report back to Council. Councilman Magee requested that the committee receive input from the Registrar of Voters Office in terms of cost and their work load. He also requested the committee review the election of the Treasurer; whether or not to continue with an elected Treasurer position. 39. LEAPS City Attorney Leibold explained that the City Attorney's Office needed direction as to whether or not the Council wanted her office to assist the City staff in preparing a response to the application prior to the expiration of the comment period; and for the Council to understand that direction would involve a considerable amount of time and resources from her office and staff as well. Mayor Pro Tem Kelley indicated that she had read the City Attorney's email and was going to request to have the item pulled. PAGE NINE -STUDY SESSION -APRIL 13, 2004 City Attorney Leibold commented that the public item was to provide them with some direction to prepare comments to present to Council prior to the expiration of the comment period. Comments were due May 11, 2004. City Attorney Leibold indicated that at this point there was nothing about the LEAPS Project that would provide them an opportunity to discuss the issue in closed session. She indicated that she could provide Council with what her office and staff believed the appropriate comments would be. Councilman Schiffner commented that the City Council needed to respond. City Attorney Leibold indicated that it had potentially significant impacts on the Lake. She noted the Council and staff had worked hard to preserve and enhance the Lake as part of the community, and the City should be a participant in this process. Councilman Schiffner commented that almost anything to do with the Lake when the story is heard from the Water District, was like the Council did not exist. City Attorney Leibold indicated that at this point the proceedings suggested exactly that. REDEVELOPMENT AGENCY Chairman Hickman gave an overview of the RDA Agenda. Legal Counsel Leibold indicated there was one item of Closed Session, Real Property Negotiations for the Stadium. Consent Calendar No comments. BUSINESS ITEMS No comments. PAGE TEN -STUDY SESSION -APRIL 13, 2004 PUBLIC FINANCE AUTHORITY Chairman Magee gave an overview of the PFA Agenda. Consent Calendar No comments. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY/PUBLIC FINANCE AUTHORITY MEETING WAS ADJOURNED AT 5:00 P.M. THOMAS BUPaEY,, MAYOR CITY OF LAIKE ELSINORE ._. DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY R. E. MAGEE, HAIRMAN PUBLIC FINANCE AUTHORITY PAGE ELEVEN -STUDY SESSION -APRIL 139 2004 Respectfully submitted, rederick Ray, - eputy City Clerk ATTEST: i VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, APRIL 13, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation/Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (1 case) (F:40.1)(X:52.1) City Attorney Leibold announced the Closed Session topic as listed above. Page Two — City Council Minutes — April 13, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:06 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:03 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Canyon Lake Mayor John Zaitz. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRE SENTATIONS /CEREMONIALS a. Presentation - Student Photo Contest Winners. (F: 142. 1)(X:44. 1)(X:56. 1) Mayor Buckley noted that Councilman Hickman, Canyon Lake Mayor Zaitz and Water Board Director Hyland would be assisting with this presentation. Mayor Buckley noted that he would read the base proclamation and later recognize each class by name. Mayor Buckley read the proclamation, and each teacher and class was recognized. Mrs. Lackey expressed pride in her class and their efforts. Mr. Haas indicated that his kids found a lot of good things in the community. Mrs. Raines expressed pride in the work of her students. Mrs. Irvine noted that she had one student who participated on behalf of her class. Page Three — City Council Minutes — April 13, 2004 Canyon Lake Mayor Zaitz explained that the contest was a result of the CAP contest. He noted that he and Councilmembers Hickman and Kelley had decided to work together on a project that was good for the community, and wanted the kids to point out "What is Right with the Community ". He noted the contributions received for prizes and indicated that there was seed money to make the contest bigger and better next year. He indicated that the hard work of Councilman Hickman in getting the cameras and prizes was essential to the effort. He also indicated that gift certificates were donated by the Outlet Center. b. Proclamation - Sav -On Drug Store. (F:122.1) Mayor Buckley called Sav -On General Manager John Seymour forward for presentation. He noted that they were honored as best new store in the Country, and read and presented the Proclamation to Mr. Seymour. Mayor Buckley further recognized Sav -On, as the outstanding Business of the Quarter. Mr. Seymour indicated that these were trying times for the company, and thanked everyone for visiting their store. He noted that last year they had the highest sales in the history of their presence in the community. C. Presentation - Economic Development Agency. (F: 140.5) Jamil Dado, Workforce Development Board Chairman, commented that they felt Lake Elsinore was a great City and they wished that more cities would do what the City does. He presented Proclamation a to Mayor Buckley on behalf of the City and stressed the City's vision for youth. Mary Joe Ramirez, Program Director for the Youth Opportunity Center, congratulated the City on its efforts and noted that very few cities were forward thinking with regard to young people. She noted that she had lived in the community for 14 years and it was awesome to participate with the lead agency. She stressed the importance of preparing the young people for growth within the community; and connecting young people with work Page Four — City Council Minutes — April 13, 2004 experiences. She noted that the biggest challenge in this area was bridging the gap between the young person and the employer; which is accomplished by "Planet Youth ". CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in closed session at 5:00 p.m. for one item of anticipated litigation as listed on the agenda with no reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE Charlene Cleary, 15990 Annette Drive, representing the Lake Elsinore Historical Society and the Riverside Historical Commission, noted that they had asked to take a look at the house in the park on Riverside Drive. She indicated that they had access to a preservation specialist team who entered the house on April 5th and concurred that bringing the house up to State code would cost about $250,000; and noted that there was about a year before severe damage would occur. She indicated that without further documentation, it appeared to have been built about 1916, and stressed the potential for restoration. She commented that the house was not in the way of the entrance, and might be eligible for CDBG funding. She suggested consideration of preserving the building; and indicated that right now it needed to have the shrubs and leaves cleaned up. She further indicated that they needed time to look at the history of the home and the possibility of grants for restoration. She commented that this type of home was cherished on the east coast, and stressed that it should not be torn down. J.J. Swanson - O'Neal, 1403 W. Heald, stressed that the building could still be saved and requested time to address the history of the building further. Ron Hewison, 35 Villa Valtelena, commented that they were on Franklin Street on April 3rd and saw a couple of guys fighting in the street, and they broke it up and called the police. He indicated that there were three squad cars there right away Page Five — City Council Minutes — April 13, 2004 and they got action. He congratulated Mark Cordova on his recognition as Deputy of the Year. Lorraine Watts, P. O. Box 518, invited the Council to participate in the NAACP Scholarship Lunch on May 8th at the Diamond Club at 11 a.m. She indicated that there would be an emphasis on the 50th Anniversary of Brown vs. The Board of Education. She explained that the case related to the desegregation of schools, and encouraged attendance at the event. Mike Franklin, 289 S. Terra Cotta Road, indicated that they moved to the community a year ago last April; and expressed concern with the vandalism and racism in the neighborhood. He commented that they had received limited assistance from the police and requested the Council's assistance. Jacqueline Williams, 15300 Washington Avenue, indicated that she is from the same neighborhood as Mr. Franklin, as her street intersects with Terra Cotta. She commented that there had been car break -ins, windows broken, houses vandalized, things stolen, and racial slurs painted on the sidewalks. She stressed that they were all new residents adjusting to the community and they were frustrated with trying to feel safe and secure in their homes. She indicated that the Sheriffs department couldn't do much, but requested that the Council address the problem and assist them. She commented that Councilmembers Kelley and Buckley had suggested a town hall meeting, and they are in favor of that approach. Mayor Buckley suggested a town hall meeting at Terra Cotta Middle School. Councilman Magee concurred that would be a great idea, and expressed sensitivity to their concerns. He commented that similar concerns drove him to run for the City Council; and suggested the town hall meeting for April 22 °d. City Manager Watenpaugh noted that was the date for the City sponsored Chamber mixer. Mayor Pro Tem Kelley noted that she received the e-mail on this neighborhood, as well as complaints from the other side of the lake; and suggested including both tracts of homes in the meeting. She assured the residents that there would be flyers announcing the meeting. There was general discussion of possible dates. Councilman Magee suggested having staff look into availability and get back with Page Six — City Council Minutes — April 13, 2004 a firm date, time and location for confirmation on the 27th. He stressed the importance of getting as many people as possible to attend that meeting. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR WITH THE TYPOGRAPHICAL CORRECTIONS TO THE MINUTES AS DISCUSSED AT THE EARLIER MEETING. 1. 2 3. Q The following Minutes were approved: a. Revised Regular City Council Meeting - January 27, 2004. b. Joint City Council/Redevelopment Agency Study Session - February 10, 2004. C. Regular City Council Meeting - February 10, 2004. d. Joint City Council/Redevelopment Agency Study Session - March 9, 2004. e. City Council Study Session - March 11, 2004. f. Regular City Council Meeting - March 23, 2004. (F:44.4) The following Minutes were received and ordered filed: g. Planning Commission Meeting - March 16, 2004. (F:60.3) Ratified Warrant List for March 31, 2004. (F:12.3) Approved Proclamation recognizing Crime Victims' Week, and directed staff to transmit to requestor. (F: 122.1) Rejected and referred to Claims Administrator the Claim Against the City submitted by Shawna Cromley (CL #2004 -1). (F:52.2) 5. Adopted Resolutions of Intention Nos. 2004 -20 and 2004 -21, to Annex Page Seven — City Council Minutes — April 13, 2004 Property into Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) and to Authorize the Levy of a Special Tax within Annexation Area No. 7 (City Center Townhomes Phase II) and Annexation Area No. 8 (Viscaya) - Resolution No. 2004 -20 and 2004 -21. (F:22.3) RESOLUTION NO. 2004-20 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.7 (CITY CENTER TOWNHOMES PHASE II). RESOLUTION NO. 2004-21 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.8 (VISCAYA). 6. Authorized the City Manager to Approve an Agreement with HDR Engineering, Inc. to Prepare CEQA Compliance Documents for Lake Elsinore Square (Home Depot) shopping center. (17:68.1) 7. Approved Amendment to and reassignment of the License Agreement of the Old Library Building with the licensee to be the County of Riverside Economic Development Agency; the term to be year -to -year, not to exceed three years; and 180 day termination notification. Further approval was granted for the City Attorney and the Director of Community Services to Page Eight — City Council Minutes — April 13, 2004 negotiate with the EDA and County Counsel on a License Agreement for execution by the City Manager. (17:68.1) 8. Approved the Deposit and Reimbursement Agreement between the City and Corman Leigh Communities. (F:68.1) PUBLIC HEARINGS 21. M- 2004 -1 - Miscellaneous Design Review of Canyon Hills Fire Station. (F:127.3) City Manager Watenpaugh noted that the proposed fire station would be located on Railroad Canyon Road and deferred to Community Development Director Brady for presentation. Community Development Director Brady explained that this item was for the design review of the third fire station in the Canyon Hills Specific Plan area. He advised that the design was similar to that of Station 85 in McVicker Park, however the outside of the building would have treatments to tie it into the Canyon Hills area designs. He indicated that the facility would be just over 6,200 square feet, with two bays on a 2.8 acre site on Railroad Canyon Road near Canyon Hills Drive. He noted that Pardee Homes would be constructing the facility and turning it over to the City when it is complete. He indicated that they wanted to get the station on line as quickly as possible. Jim Stringer, 1181 California Avenue, Corona, representing Pardee Homes, offered to answer questions. Mayor Buckley opened the public hearing at 7:41 p.m., asking those persons interested in this item to speak. There were no public comments. Councilman Hickman inquired if the design was the same as that used by the County. Community Development Director Brady indicated that it was similar to what the County had been using. Councilman Hickman noted •— Page Nine — City Council Minutes — April 13, 2004 that there would be a break in the median and indicated that it was an excellent location. He looked forward to its completion. Mayor Pro Tem Kelley questioned the time line for the station. Mr. Stringer indicated that they would like to get the grading started next month and be done by the end of the year. Mayor Pro Tem Kelley expressed support. Councilman Magee commented that while the floor plan was consistent with the other new fire stations, it looked like the builder had gone the extra mile on the building elevations. He indicated that the facility would be very upgraded and very sharp, and look nice. He further indicated that the landscape plan showed excellent attention to detail, including preservation of the old California oaks. Councilman Schiffner commented that the station would be an attractive and useful addition to the community. Mayor Buckley closed the public hearing at 7:39 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN OF THE PROPOSED CANYON HILLS FIRE STATION AND M 2004 -01, BASED ON THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS 1. Subject to the attached conditions the proposed project is not anticipated to result in any significant adverse environmental impacts. The 2003 Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed fire station. The proposed fire station is permitted Page Ten — City Council Minutes — April 13, 2004 by right under the Canyon Hills Specific Plan. Accordingly, staff believes the proposed fire station implements the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is unnecessary. 2. The project complies with the Goals, Objectives and Policies of the General Plan and the Canyon Hills Specific Plan, as approved. The proposed fire station is located within a master - planned area defined as the Canyon Hills Specific Plan by the City General Plan. The Canyon Hills Specific Plan designates the project site as Institutional (Fire Station). Construction of the proposed fire station at the project site implements the land use objectives and intentions of the Specific Plan. 3. The project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. Staff finds the proposed fire station complex to be well designed. The natural hillside and topography along Railroad Canyon Road form a pleasant backdrop to the fire station complex. The fire station building itself is also architecturally pleasing with its use of dormers, roof gables, and stacked stone veneer. The County Fire Department has reviewed the fire station's design and has not expressed any concerns or issues. 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 General Plan, Municipal Code, and Canyon Hills Specific Plan, as approved. The project is required to comply with those conditions of approval attached to this staff report. Appropriate compliance schedules are also established to ensure staff can properly monitor implementation of conditions. Page Eleven — City Council Minutes — April 13, 2004 CONDITIONS OF APPROVAL PLANNING DIVISION 1. Miscellaneous Design Review approval for M 2004 -01 will lapse and be void unless a building permit is issued within one (1) year of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer and payment of required fees one (1) month prior to expiration. 2. All construction shall comply with these Conditions of Approval and those provisions and requirements contained in the Canyon Hills Specific Plan, Zoning Code and Municipal Code, prior to issuance of certificate of occupancy and release of utilities. 3. Project buildings and structures and all site improvements shall be constructed as indicated on the approved site plan, landscaping plan, and building elevations, subject to approval by the Community Development Director or designee. 4. Any revisions to approved site plans or building elevations shall be reviewed and approved by the Community Development Director or designee. 5. Final offsite roadway improvements along Railroad Canyon Road shall be presented in street improvement plans, which require approval by the Engineering Manager. 6. The applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted techniques. Interim erosion control measures shall be provided 30 days after the site's rough grading, as approved by the City Engineer. Page Twelve — City Council Minutes — April 13, 2004 7. The applicant shall comply with all applicable City Codes and Ordinances. 8. Prior to issuance of building permit, building plans for the fire station shall comply with all American with Disabilities Act (ADA) requirements. 9. Trailers utilized during construction shall require a bond subject to the approval of the Community Development Director or Designee. 10.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. 11.The design and construction of the project shall meet all County Fire Department standards. 12.All 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. 13.The project shall be properly landscaped with an 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. • The applicant shall plant street trees, selected from the City's Street Tree List, at a maximum of 30 feet apart and at least 24 -inch box in size. Page Thirteen — City Council Minutes — April 13, 2004 • 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 Preliminary landscaping plan. • The Final landscape plan shall include planting and irrigation details. 14.Comply with the Mitigation Monitoring Program that was prepared for the 2003 Canyon Hills Specific Plan EIR Addendum. 15.Prior to issuance of any precise grading permit or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 16.These Conditions of Approval shall be reproduced on subsequent building plans prior to issuance of building permit. Page Fourteen — City Council Minutes — April 13, 2004 17.Proposed trash enclosure shall be designed according to City standards, subject to review and approval by the Community Development Director. Enclosure walls shall be decorative block. 18.The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Saturday. 19.All signage shall require issuance of a City Sign Permit, as appropriate. 20.The applicant shall use concrete tile roofing materials with a Class "A" fire rating. 21.Prior to commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to review and approval by the Engineering Manager. A bond may be required to pay for damages to the public right -of -way, subject to approval by the Engineering Manager. 22. Submit a "Will Serve" letter from Southern California Edison stating that electrical service will be provided to the project. 23.The proposed storage facility shall be designed consistently with the proposed fire station and shall utilize the same materials and colors. ENGINEERING DIVISION 24.Provide left turn access from west bound Railroad Canyon Road onto the project site. Improvements shall include construction of a median opening at the project entrance that accommodates a left turn pocket for the west bound movement onto the site. The left turn pocket shall be designed to accommodate a minimum design speed of 45 -MPH. Page Fifteen — City Council Minutes — April 13, 2004 25.The median opening at the project entrance shall be designed to accommodate left turn movements out of the project. 26.Construct Caltrans Standard traffic signal with type 90 controllers as specified by the City's Traffic Engineer. Traffic signals shall be actuated by standard traffic loop detectors as approved by the City Engineer. Traffic Signal shall be operational prior to occupancy. 27.The applicant shall provide a sight distance study for east and west bound directions on Railroad Canyon Road. The study shall document the available clear sight distance to and from the project entrance. In the event the sight distance is less than 700 -feet, a flashing beacon — `Signal Ahead' sign shall be installed per Caltrans Standard. If the flashing beacon — `Signal Ahead' sign is required, it/they shall be operational simultaneous to the traffic signal becoming operational. 28.Development shall protect the proposed fuel tank against spills and leaks in accordance with standard hazardous materials storage methods and in compliance with the National Pollution Discharge Elimination (NPDES) regulations. 29.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy. 30.All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26). 3 LA "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to certificate of occupancy. Page Sixteen — City Council Minutes — April 13, 2004 32.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 33.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to certificate of occupancy. 34.All applicable fees shall be paid and the applicant shall comply with all requirements of the encroachment permit as issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 35.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 36.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to certificate of occupancy. 37.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 38.Provide street lighting and show lighting improvements as part of street improvement plans as required by the Engineering Manager. 39.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 40.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. Page Seventeen — City Council Minutes — April 13, 2004 41.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with the City's ARC Info /GIS or applicant to pay $30 per sheet for City digitizing. 42.All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 43.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 44.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the Engineering Manager. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 45.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. In the event the project is unaffected by any fault zone, applicant shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 46.All grading shall be done under the supervision of a Geotechnical Engineer and he /she shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 47.Convey onsite runoff to the public storm drain system. Any non - historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement. Page Eighteen — City Council Minutes — April 13, 2004 48.0n -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final drainage plans. A note should be added to the final drainage plans stating: "Drainage easements shall be kept free of buildings and obstructions ". 49.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the Engineering Manager. 50.Submit Hydrology and Hydraulic Reports for review and approval by the Engineering Manager and the Riverside County Flood Control District prior to issuance of building permit. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 51.A11 drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 52.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the Engineering Manager. 53.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains shall drain to a landscaped area whenever feasible. 54.Ten (10) year storm runoff should be contained within the curb and the one hundred (100) year storm runoff should be contained within the street right -of- way. When either of these criteria is exceeded, drainage facilities should be installed. 55.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run -off on private property. 56.Applicant shall be subject to all Master Planned Drainage fees and will receive _ credit for all Master Planned Drainage facilities constructed. Page Nineteen — City Council Minutes — April 13, 2004 57.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 58.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 59-Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 60.Applicant shall provide for flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 61.Intersection sight distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If sight distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 62.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Page Twenty — City Council Minutes — April 13, 2004 22. Resolution No. 2004 -22 - Approving the Annexation of Territory and the Lew of Assessments for Lake Elsinore Landscape and Street Lighting District No. 1 as Annexation Area No. 2. (F:22.2) Administrative Services Director Pressey explained the provisions of the Lighting and Landscape Maintenance District Act of 1972, and noted that this was the second annexation to this district. He detailed the square footage of the right -of -way it would address and noted that it would include four street lights. He advised that the first year it would be $440 per unit to include the reserve, and $303.93 each year thereafter. He explained that after any public testimony, there was a sealed ballot to be reviewed. Mayor Buckley opened the public hearing at 7:40 p.m., asking those persons interested in this item to speak. There were no public requests to speak. Councilman Hickman explained the location of this property near the .- driving range, behind the school, off Sixth Street and Lakeshore. He noted that they would now have the highest LLMD bill in the City. Mayor Buckley closed the public hearing at 7:45 p.m. The Meeting was paused for ballot tabulation. City Clerk/Human Resources Director Kasad reported no majority protest to the proposed annexation. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004 -229 APPROVING THE ANNEXATION OF TERRITORY AND LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1. Page Twenty -One — City Council Minutes — April 13, 2004 RESOLUTION NO. 2004-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 2. 23. Public Hearing for Consideration of Objections to the City's Weed Abatement Program. (F:166.1) City Manager Watenpaugh deferred to Parks & Open Space Manager Fazzio for the presentation and clarification of some of the common questions. Parks & Open Space Manager Fazzio noted that they had received an overwhelming response to the notices mailed out, and explained the weed abatement program goals. He noted a fire in the Country Club Heights area in 2001 and the San Diego fire last year, and stressed that fire goes up hill three times faster than it goes across flat land. He detailed the process and key dates starting with the mailing of notices to property owners. He advised that the deadline for abatement was May 1" and staff would begin abating properties on May 3rd. He further advised that the billings would be placed on the August 10th tax rolls. He presented slides of the types of issues targeted by the program, including dead trees, high weeds, brush, obstruction of visibility, illegal dumping of trash, dry brush and piles of dirt. He noted that the undergrowth on trees would be included to prevent the homeless from residing there or dumping trash and debris. He noted a motor home found under a tree when the tree was trimmed. He presented slides of appropriate tree trimming and weed removal. He noted that there were several frequently asked questions regarding the receipt of notices, how to locate the property boundaries, access to lots, etc. Page Twenty -Two — City Council Minutes — April 13, 2004 He thanked Information/Communications Manager Dennis for his assistance with this presentation. Mayor Buckley opened the public hearing at 8:00 p.m., asking those persons interested in this item to speak. He also read the name of Mailey Davis into the record, due to her difficulty speaking English; and noted her opposition to the notice she received. John Mavis, resident of Hollywood, California, noted that his father got a lot in the Heights, and had been paying taxes on it for about 75 years. He indicated that he tried to find out who owns the other properties in the area, but he was still not sure where his property was. He noted that it was very expensive to get utilities to the area, and there are no signs to indicate what needs to be cleaned. He suggested that paying $250 per year is ridiculous when he only pays $64 per year in taxes, which he thought was used to keep the property clear and fire free. ._. Elder Cooper Hagans III, 22528 Ridgewater Way, Moreno Valley, indicated that he was present on behalf of Mr. & Mrs. Hatch, who own property in the hills of Country Club Heights. He indicated that when they got the notice a week ago, he tried to locate the property and could not even find the street. He commented that no one had the information to pinpoint the location. He stressed that there were no surveyors stakes or identifying marks. He indicated that they would love to comply if they could locate the property. Bruce Ingram, resident of San Diego, indicated that they had a parcel in the floodplain or back basin of the East Lake Specific Plan; and walked out on the levee to the property, which is marked "Wildlife Habitat Area ". He suggested that the property was landlocked with no access allowed in the designated habitat area. He expressed concern with the potential of destroying brush in a sensitive area. He noted the MSHCP requirements and expressed uncertainty as to how their property would be impacted by it. He suggested that the Council consider an option for granting extensions of time to address these maters. ,_„ Page Twenty -Three — City Council Minutes — April 13, 2004 Mark Schmetter, for his mother Yvonne Dirks, 201 Grand Avenue #351, Carlsbad, California, indicated that he came to check the property and could not find it, as the roads were not marked. He suggested that the process was too fast and there should be a period of time to get more organized. He indicated that he did not know how to proceed with the property. He concurred with the prior comments and indicated that he had been paying taxes on the property for 45 years, which should help to cover the costs to remove the weeds. Jim Perkins, 4100 Casita Way, San Diego, indicated that he was speaking for a member of his family who had held property in the back basin since the 1950's and paid taxes the whole time. He commented that the reasons for abating the property seemed to be the elimination of fire dangers, getting rid of rubbish and garbage, and removing places for the homeless. He clarified that where his property was located in the back basin, it was surrounded by the levee and water on two sides, and habitat on one side. He indicated that it seemed that the fire hazard was very low; and the area plan for wildfire susceptibility was considered low, and no contiguous properties would be endangered by fires in the area. He commented that the property seemed to be covered with native vegetation, no trees, no mounds of dirt or rubbish problems. He noted that there was signage near the Diamond that designated the area as a wildlife habitat, and suggested areas such as this should have a different consideration. He suggested that there were many parcel owners for who the cost of abatement would be exorbitant. He noted that for a long time his property was under water; and expressed concern that it could cost up to $10,000 for a survey of the parcel, as there were no points of reference to start from. He suggested that in the spirit of conservation the area should be left alone to exist as it was. Joe Bergman, resident of San Diego, noted that being from San Diego, he had a limited time to gain access to contractors or find adjoining land owners. He commented that the area of his property had no improved roads and it was difficult to let contractors know how to get in to do the work. Page Twenty -Four – City Council Minutes – April 13, 2004 Michael Adams, resident of Vista, indicated that his family had owned their land for 35 years, and this notice came as some what of a surprise. He commented that he had been trying to get rid of abandoned vehicles and illegal dumping, but the burden was now on him. He indicated that he had been trying to get assistance, but could not. He commented that he wanted to work with the property owners, and suggested exemptions or exclusions might be helpful. He indicated that as far as picking up the trash, the dumping was illegal, and he went out there at least once a month. He indicated that the property was recreational and he did not intend to develop it. He noted that his property was 22 acres and there was no City road to the property, but it was annexed a number of years ago. He indicated that he was not an irresponsible property owner, as every month he takes a load to the dump in Perris. He noted that there was trash along the City unpaved roads, and questioned if that would be cleaned up. He indicated that he had been trying to get abandoned cars towed away. He suggested that the Council consider looking at the establishment of exclusions, questioning —. what could be done with a mountain of scrub brush. He stressed that his property was cleared of brush, but he could not stop people from dumping there. He expressed concern that some areas had dumping for over 20 years, but now it was his fault, and the City did not enforce the "no dumping" regulations. Mayor Pro Tem Kelley questioned the general area of his property. Mr. Adams indicated that it was past Temescal Canyon High School, on El Toro Road; and noted that it was 22 acres in the area bordering the County of Riverside. He suggested that there might also be environmental issues on the property. Sanford Reed, 22610 Pintail Drive, Canyon Lake, indicated that his good news was that he basically knew where his property was located, as his family owned property off of Nichols Road, west of the Outlet Mall. He indicated that they owned nine acres in the area, but there were no markers, so they had to measure in 50 foot increments from a shack along the way. He addressed the undeveloped City roads, which are clearly designated on the maps; and inquired if the City would clear those roads with the Page Twenty -Five — City Council Minutes — April 13, 2004 abatement. He suggested that the City should take responsibility for its own roads, as that would help the property owners to located their property. He questioned if someone owned ten plus acres, if they would need to clear the entire property or if they could make fire lanes. He questioned how much clearing was required. Lolene Swallow, 25587 Orion Court, Sun City, indicated that she had property in Country Club Heights, around Ingalls Circle and the water tower. She noted that ten years ago she was told that she was not included in the weed abatement area; but she did not want to chance it this time. She expressed hopes that she was still excluded because she was on a slope. She indicated that she really did not know where the property boundaries were located, as they had not been surveyed. She indicated that if she was not excluded due to the slope, she would need more time to clear the property. She inquired if she should call to find out what to do. Mayor Buckley indicated that the questions would be answered at this meeting. Paul Williams, 24330 Big Bear Lane, Corona, indicated that the letter was very specific, and he had a 110 square foot lot, which was totally landlocked with no parkways or roads. He stressed that his property was in the middle of nowhere, and questioned how to clear the lots. He suggested that based on the letter he would be exempt. He questioned the ability to charge $250 when there were no roads or parkways. Edward Stanton, 29726 Avenida de Cortez, Sun City, representing the Center for Natural Lands Management, addressed weed abatement, in light of the MSHCP. He indicated that he owned a lot in the City which was 29 acres, and there was a conservation easement over the properties below Tuscany Hills. He noted that there were three such properties with easement, two parcels owned by the City. He indicated that the removal of brush would be a violation of the permit. He commented that they were willing to work with the Fire Department in a minimal way to establish breaks. He indicated that he spoke with Code Enforcement about a year ago regarding street easements, as he did not want to see the area burn Page Twenty -Six — City Council Minutes — April 13, 2004 either. He stressed that property owners could not intentionally violate State and Federal laws to abate weeds. He submitted a letter for the record. Jack Smith, resident of Orange, indicated that he owned a lot on Highway 74 and Palm, near the Albertson's at four corners. He commented that he read the instructions and it appeared that he was to cut to less than two inches on the property line, but he thought it was the whole property. He requested clarification of the issues and indicated that he would find someone who needed the work to clear the lot. Henry Kong, resident of Anaheim, indicated that he was a property owner in Country Club Heights since 1959, and was surprised to find that the brush was not too high. He noted that he got a letter saying he needed to clean it by May 1St, but suggested getting $20 from everybody to help clean up the area. He noted that three was a $250 per parcel charge and he was retired. He suggested that a less expensive solution would be appreciated. James Reynolds, resident of Los Angeles, indicated that his family has numerous lots in the area: and commented that he understood the need to do abatement for fire, but he could not find some of the lots. He also noted that he was not sure who he could find to do the work. He suggested that this was a new program and a new issue that needed to be addressed right away. He noted the possible federal issues, and questioned the procedure for people who want to comply, but need a reasonable amount of time to do so. He suggested that a list of vendors who could assist, would be helpful. He indicated that he arrived in Lake Elsinore about five o'clock and could not find anyone. He expressed concern that the City did not know the locations of the properties either. He indicated that he would like to talk with staff to determine a procedure. Scott Woodard, representing Elsinore- Lakeview Estates, noted the size of lots in the hillside areas, and commented that they were part of the MSHCP. He indicated that he had the same issues with the violation of the Page Twenty -Seven — City Council Minutes — April 13, 2004 Endangered Species Act. He suggested that from a public safety standpoint that was issue number one; but noted that his lots would not necessarily cause a public safety issue. He indicated that the problem seemed to lie in the application of the ordinance, which in his opinion, was too broad, with a very short time frame. He commented that notices began arriving two weeks ago and continued into last week. Gloria Tassel, resident of Huntington Beach, indicated that they had owned a lot since the 1950's and paid taxes. She commented that her interpretation of the letter was that they needed to keep the weeds to two inches, not just at one point, but going forward. She inquired if the intent was for quarterly clearing, and noted that the charge was not just $250, but there were also fees associated with the work. She commended the City on the presentation and noted that was why she attended this meeting to see what was wanted. She indicated that her property was on a slope, and she thought she found it. She commented that she did not know how to clean it other than sending workers or goats out, and questioned the right way to do the cleaning. She expressed concern with the required time frame, and suggested that it be reviewed and extended. She noted that the County had a 40° slope exclusion, and requested that the City adopt such an exclusion. Jeff Bairnsfather, 17375 Sunnyslope Drive, indicated that he supports the required abatement, as a year ago he lost his fire insurance because they inspected and determined that he was in a fire zone. He noted that there was a requirement to clear the property 200 feet in all directions and he had cleared 88,000 square feet, much of which was on a 60° slope. He indicated that he filled 300 forty gallon trash bags. He indicated that this action was good, but needed to be somewhat based on where the homes were. He suggested that there might also need to be an appeal process, since people can't tell where their properties are. He indicated that he would like to be present when they inspect after May 1St, noting that he had 24 lots to address. Page Twenty -Eight — City Council Minutes — April 13, 2004 A resident of Murrieta, indicated that she had owned her property for several years, as it was purchased by her father. She indicated that they had been thinking about building a home, and part of what they like is the view of nature. She questioned what would happen to the wildlife in the area if the brush was all cut down. She suggested that the entire City would be dry as people would cut the weeds and spray them with Roundup, so when the mud slides, the Roundup will end up in the Lake. She expressed belief that it was important to protect houses from fire, but she was not sure two inches was the answer. Norm Grady, resident of Highway 74, expressed hopes that the Council was sharing the property owners' frustration; and suggested that the developers in the County would be glad to comply with the letter and get rid of the coastal sage. He suggested that the MSHCP might be concerned with the nesting wildlife in the weeds. He stressed that those weeds were not to be touched. He commented that there were also a lot of problems with the time frame, as he received the letter on Saturday and he owns a considerable amount of property in the County and inside the City limits. He indicated that he knows were his property is located, but other people are using it as a dumping ground. He indicated that the weeds were just starting to turn brown and he needed to wait until the rains were done, or the same issues would arise. He reiterated that the County did not require abatement of steep lots, and indicated that he was not sure how to remove the brush on the hillsides, when he can't get to it. He indicated that it would be difficult to find contractors to cut it. He noted for those people who don't know where their properties are, he had the name of a surveyor who was reasonably priced, but the timing would be an issue. He indicated that in his area, there were vehicles blocking roads and the Sheriff's Department could address them if they were informed where they were. He commented that he volunteered for Supervisor Ashley's task force on illegal trash dumping, and noted the particular concerns with the disposal of used tires. He noted that on one of his properties there had been a squatter who was charging people $10 to dump on the property. He stressed the serious problem trash Page Twenty -Nine — City Council Minutes — April 13, 2004 was causing and suggested that there was a need to study the issue in depth and seek help from the community. Ben Lundy, resident of Ojai, indicated that when he got the notice, he felt he had no choice but to attend this meeting. He noted that he had not been in the area for about ten years, but before that it was a fun place to come and visit. He commented that a lot had been done to the community. He indicated that he had property in Country Club Heights, south of Illinois and northeast of Sunnyslope. He indicated that there were no paved streets and well over 100 lots. He noted that many of the lots in that area were owned by senior citizens and suggested that the Council combine the lots and clear them under one contract, which would require less surveying. Yogeshwar Chaturuedi, resident of Temecula, indicated that he owned property on which there was a dumping problem, on Mission Trail, in Country Club Heights and several other locations. He commented that Riverside County had increased the fee for dumping, so people were dumping anywhere. He indicated that two years ago his property was all clean. He suggested using Code Enforcement Officers to develop a practical common sense plan, so the City could become beautiful. He indicated that it should not be the responsibility of the land owner to do the work, when they have been paying the fine for weeds. He commented that he was doing the abatement and still getting fined. He noted that he spoke with Carol Gordon and the money was returned, but he had paid thousands of dollars and felt there should be some justice. He expressed hopes that the City would be cooperative, noting the short time frame. A resident of Corona, indicated that he was a property owner in the Sunset Knolls area and tried to go to his property last year, and found there were no roads to gain access. He indicated that he went again two weeks ago when he received the letter and tried to find it; but found out that he needed a 4 x 4 to get to the property. He suggested that $250 seemed very steep for the price per parcel and suggested that the administrative fee was probably less than $10 dollars. He indicated that he could not pinpoint his property, and Page Thirty — City Council Minutes — April 13, 2004 questioned how the City charges the money when they don't know the locations either. Marge Kinney, resident of Laguna Hills, indicated that she got a surveyor to look at her property and it turned out that the homeowners on both sides have encroached on the next property. She stressed the importance of using a surveyor. She suggested that the City Council had the power to waive the requirements for specific property owners or to establish a moratorium until the concerns have been addressed. She noted that liens placed on property impacts credit ratings, and stressed that the program went from 5,000 to 10,000 lots. She suggested that this would put a tremendous burden on the City budget. She indicated that there was no phone number included on the mailed notice, and suggested that people using their own weed wackers could cause sparks and start a fire. She suggested that the City send a notice of moratorium on notices that were not the same as those sent out in the previous year. She further suggested developing a plan to look at some of the problems with the newly noticed properties. She also suggested including a list of surveyors, abatement firms and dumps in the notice materials. She indicated that the City should have a dumpster in problem areas and hire large trucks for the pickup of bulky materials. She stressed the concern by many of the people receiving notices. Darryl Light, resident of Diamond Bar, indicated that he owns five lots in Diamond Bar, and in comparison, Lake Elsinore does not allow enough time. He indicated that the fire department in Diamond Bar walks through and grants more time. He noted that thousands of lots had received notices and questioned if the City was trying to get people to start selling the lots to be able to develop them. He questioned if there was an ulterior motive for the exorbitant administrative lot. He suggested that $250 per lot was too much when the lots were less than 6,000 square feet each. He addressed the paper roads in Country Club Heights and noted that if they were roads he could drive straight to his property. He reiterated the concerns with determining the boundaries of the lots. He indicated that he would like to be present when his lots were inspected. He noted that most of the people Page Thirty -One — City Council Minutes — April 13, 2004 work in Los Angeles or somewhere else; and indicated that the only reason he did not live here, was that he could not afford the commute. Bob Dougherty, resident of Hacienda Heights, indicated that he had a couple of lots on Sunnyslope, which he saw today. He commented that he had the same problem in Lake Arrowhead, and noted that they allowed for clearance of the first ten feet. He indicated that clearing his lot would be an impossibility, and noted that he did not see it as a fire hazard, as the vegetation was green. Roxanne Adams, resident of San Diego, commented on her 24 acres on El Toro, noting that they had planted a lot of trees, and in the past had been trying to sell the property. She commented that she understood that it was difficult to get permits, but they were now enjoying the land. She indicated that when they decided to spend time on the property, her father cleaned up about 2 or 3 acres of the property and had difficulty finding someone to assist him. She indicated that he brought a group of workers from Orange County, that spent a weekend on the property and cost $5,000. She indicated that there were tires and mattresses being dumped constantly. She commented that her husband was quite involved in caring for the property and had gotten no where in gaining help. She noted that the dump was a quite a distance away, but they always take a large load home. She commented that there were abandoned cars, which no one would come and get. She indicated that they were trying to be responsible and keep the property cleared, but she did not understand why some of the taxes did not go to help with trash pickup. She suggested that the City or County could be involved to catch the people dumping the trash. Shirley Longo indicated that she had two small parcels by Nichols Road, which she believed were not in City limits, but she got a letter. She inquired if the County was doing abatement as well, and questioned if she could be in the City limits and not know it. City Manager Watenpaugh offered to check. Page Thirty -Two — City Council Minutes — April 13, 2004 Frank Mathews, resident of Los Angeles, indicated that he owned property in Country Club Heights and suggested with the weed clearance the area will be left as a mountain of dirt. Aurora Grihalva, Lake Elsinore, indicated that more time was needed, and questioned a requirement for multiple notices. She expressed concern with the impact of liens on property of people who worked hard to gain the properties. City Manager Watenpaugh noted that he received calls from Jose Gomez, who owns two parcels, of which he does not know the location. He also noted that he received letters from Margie Kinney and Ilene Bothelio indicated that they will clean the lots, but they need more time. He further noted that he spoke with Paul & Erline Herndon, and they will present a letter to the Clerk for the record on how to identify and clean lots. He also noted that Emil Frankie contacted staff. '. Mayor Buckley commented that there were a number of similar problems discussed, including difficulty finding the property, violation of habitat issues, time frame for clearance, slope exemptions, lack of appeal process, justification of cost, how often work should be done, road access, a City vendor list and how -to guide. City Manager Watenpaugh indicated regarding the issues of where the property is located, the City will provide a tract map, but can't do the survey work for them. He clarified that the conservation land in habitat areas does not get cleared, as that is against federal law; and noted that there would be sensitivity in those areas. He indicated that the MSHCP would create a larger issue for fuel modification; and would create a major issue when habitat is involved. He addressed the levee and explained that it was posted no trespassing for the levee, but people are welcome to go onto their own property. He addressed the placement of liens and explained the process, including the Teeter Plan which allows local governments to receive the taxes even if people don't pay them. He clarified that the County goes after Page Thirty -Three — City Council Minutes — April 13, 2004 the funds, while the City continues to receive its money each year. He indicated that staff had no legal ability to provide an extension of time, but have offered to do so. He expressed belief that the Council wanted the policies and codes implemented, but not on people who can't comply. He indicated that the first and final notice was all that had ever been used in the past, and although the time frame is short, it has been the standard procedures. He clarified that most of the people with concerns were notified for the first time this year, and staff was trying to work with the people and not penalize them in improving the City's image. He noted that the City does a lot to clean up the community, including a City -wide clean up with large trash bins; last clean up took in 270 tons of trash from people who brought it in. He also noted the Net Program, which is done three or four times a year, and explained the program. He indicated that staff had the same frustrations as the property owners, with trash being dumped in the same places repeatedly. He noted that the City has mandatory trash pickup, but the County does not, so staff has difficulty picking it up as fast as it is dumped. He indicated that with regard to Country Club Heights, an Advisory Committee had been appointed to try to find different standards that would accommodate those property owners, with their unique circumstances. He noted that most of the property owners who spoke tonight were absentee owners, and they missed some of the free services provided to the community. He commented that the community is changing very fast and urbanizing very rapidly. He suggested that those people with concern either contact his office at (909) 674 -3124 ext. 204 or Jon Fazzio's office at (909) 674 -5170. He indicated that staff was open to recommendations from the Council, but the Municipal Code was pretty cut and dry on the issues. He commented that staff was happy to work with Council's recommendations, and extensions were possible. He clarified that with respect to the administrative charge, the City does not want to abate the properties, and would prefer that the property owners abate them. He also clarified that there was an additional charge over and above the $250, based on the square footage of the lot. Councilman Schiffner commented on the number of people from out of town in attendance and welcomed them to the City. He expressed hopes Page Thirty -Four — City Council Minutes — April 13, 2004 that they would return on a more friendly basis; but noted that there was nothing said that he could not agree with. He expressed sympathy with their plight, but stressed the City's plight of trying to clean up the City, with this being the only possible approach. He indicated that it was not possible to ask the rest of the citizens to pay for the work out of the general fund. He concurred that the time frame was too short and indicated that he would like to suggest a moratorium or extension of time. He noted that almost 5,000 additional notices were sent out this year, and stressed the City's efforts to clean things up, and make a bigger effort to do so. He stressed that the intent was not to punish anyone; and reiterated that the administrative fee was to discourage people from having the City do the work. He suggested that the City Council hold a Study Session on the whole problem and see how the Police and Fire would see modification of the code to address the slopes and areas which are not easily cleared. He thanked the audience for their attendance at this meeting. Councilman Hickman commented on the problems in Country Club Heights with 5,000 lots and 3,000 owners. He expressed concern for the man who lost his fire insurance and noted the fires which occurred last year and the damage they caused. He indicated that if people called Mr. Fazzio or Mr. Watenpaugh, staff would work with them; but stressed that the program was a matter of safety for the people in the area. He commented that trash and abandoned cars were a touchy subject with him. Councilman Magee expressed appreciation to the people in attendance, since most were not City residents. He addressed the questions regarding who to hire to do the work, and suggested rather than relying on the City for a list, they should contact the Chamber of Commerce. He indicated that with regard to abandoned cars, trash and debris, the City took those complaints very seriously. He noted that the Council had just appointed a Public Safety Commission, that would be placing a complaint form on the website. He indicated that if something was in the public right -of -way it was the City's responsibility and the City would address it, but if it was on private property, the City would not. He clarified that City staff would mom Page Thirty -Five — City Council Minutes — April 13, 2004 inspect and decide if the weed clearance was in compliance, and questions should go to Mr. Fazzio. He requested clarification that the issues could be appealed to the Nuisance Abatement Hearing Board. City Manager Watenpaugh indicated that he did not believe there was an appeals process. City Attorney Leibold confirmed that there was no specific appeal process. Councilman Magee commented that Supervisor Ashley's Task Force was an admirable program, and indicated that the County was taking aggressive action in the El Toro Road area. He noted that no one was immune from the issues, as his company near Highway 74 was noticed to remove trash and debris; and removed 52 tons of trash and the homeless moved across the wash from them. He commented that dump fees had peaked in 1993, which only encouraged more dumping; and noted that the cost is now lower than 1993 at $34 per ton. He noted that from the El Toro Cutoff, CR &R in Perris is seven miles and they are open on the weekends. He indicated that the City's budget could handle this program, and stressed that it is very important and the City has hired staff and purchased equipment to do this task. He suggested looking at timing issues for compliance. Mayor Pro Tern Kelley commented that there were many issues to consider. She inquired if people with an Assessor's Parcel Number could call Mr. Fazzio for assistance in finding their lots. City Manager Watenpaugh indicated that staff could pull plot maps and show them the location of their lots. Mayor Pro Tem Kelley noted the habitat issues; and concurred that vendors could be found by contacting the Chamber. She reiterated that the fee was intended to discourage people having the City do their lots; and commented that she was willing to look at the timing issues. She concurred that there was a short time frame, but noted that the green weeds turn brown fast and become a fire hazard. She addressed the comments that the City should clean the lots for free, but the City is not responsible for private property. She indicated that staff could clean City property, but not private property until after the abatement deadline. She addressed the question of landlocked properties and questioned the issues. City Manager Watenpaugh indicated that it was his understanding that they could cross private property, but an easement was needed to purchase the property, as a parcel Page Thirty -Six — City Council Minutes — April 13, 2004 could not be landlocked. City Attorney Leibold clarified that the requirement was in place today, but that may not have been the case with properties purchased years ago. She indicated that permission was required to cross someone else's property. She indicated that some general rules would allow access for abatement purposes. City Manager Watenpaugh noted that a lot of property owners were not able to be located. Mayor Pro Tem Kelley indicated that the City Council and staff were willing to assist where possible, but for the residents the biggest concern she has heard over the last 25 years is why the City isn't cleaned up. She indicated that she takes offense to some of the comments this evening and the last thing she wanted to see were lots that were not cleaned up. She stressed that the City is looking for a better and more beautiful city. She noted that most of the speakers this evening live somewhere else, but there is an ongoing problem with lots that are dumped on all the time. She indicated that the residents are fed up with those issues and the intent of the ordinance is to get the lots cleaned up. She commented that staff will work to assist the property —. owners, but the lots cannot be a fire hazard or an eyesore. Councilman Schiffner questioned the situation where someone bought the property last year, that was difficult to find or access; since most people with that problem had owned the property for many years. He questioned the motive of a person buying property under those circumstances. Mayor Buckley indicated that most of his issues had been addressed, but indicated that the committee would be looking at issues such as road access in Country Club Heights, as it had been a difficult area for a very long time. He commented that people who live there have great views, and don't want to see trash all over the lots. He suggested that the Council could direct staff to add a couple of weeks, and assist them in finding their property with Assessor's Parcel Numbers. He indicated that there were good suggestions presented tonight which should be revisited during the process next year, with consideration of a slope exemption and exemption of habitat land, as well as an appeal process. He suggested that the idea of a preferred vendor list was not a bad idea either, as well as a how -to guide on weed abatement. _ Page Thirty -Seven — City Council Minutes — April 13, 2004 He noted that during a fire last year, we were very lucky that the entire Country Club Heights hillside did not go up in smoke. He questioned if there should be a system without dates, or if the dates should be established later. City Attorney Leibold noted that the Ordinance was approved in 1974, so the program had been in place for many years. She indicated that the implementation had been expanded with additional funding opportunities, but with extensions, the biggest concern was health and safety. She suggested that an appeal process would be one presented to the City Council, with a public hearing as was allowed at this meeting. She indicated that any extension at this point would need to be a clear process and not create a problem with too much time and the potential for a fire hazard. Mayor Buckley questioned what the options were, based on the public hearing. City Manager Watenpaugh questioned the Code with regard to the notice, which had blank dates, and the ability to extend that date for compliance. City Attorney Leibold confirmed the ability to extend the time, but questioned if all properties would be extended or only those requesting the extension; and noted that it should be set for a date certain. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO GRANT EXTENSIONS OF TIME TO MAY 31sT, BUT ONLY TO THOSE WHO HAD SPECIFICALLY CONTACTED STAFF TO REQUEST SUCH AN EXTENSION. COUNCIL FURTHER REQUESTED THAT STAFF ASSIST PEOPLE IN FINDING THEIR PROPERTIES, AND RETURN IN THREE MONTHS WITH A CLEANED UP ORDINANCE. Mayor Buckley suggested that staff circulate a list tonight. THE MEETING WAS RECESSED AT 10:05 P.M. Page Thirty -Eight — City Council Minutes — April 13, 2004 THE MEETING RECONVENED AT 10:20 P.M. City Attorney Leibold noted that some people watching this meeting from home might like the same extension of time and questioned if it would be appropriate to establish a deadline. There was general Council discussion of possible deadline dates. City Manager Watenpaugh suggested that if someone contacted staff by May 1 st, they would get an extension of 30 days. City Attorney Leibold questioned the ability to administer such an extension. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1117 - Zone Change No. 2003 -02 - Daigle Homes, LLC. (F:172.1) MOVED BY KELLEY, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1117, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1117 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2003-02 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363- 240 -0029 0039 0049 0089 009 AND 016 FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT TO R -2 MEDIUM DENSITY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY Page Thirty -Nine — City Council Minutes — April 13, 2004 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1118 - Animal Control Fee Schedule. (F:18.1) MOVED BY MAGEE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 11189 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1118 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 6.04.020 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING ANIMAL CONTROL FEE SCHEDULE. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE NONE NONE Councilman Magee noted that the Animal Friends representatives had been present to speak until 10:15, but had to go home. 33. Industrial Project No. 2003 -06 - "D & D Cattle Industrial ". (F:86.2) Page Forty — City Council Minutes — April 13, 2004 Community Development Director Brady explained this item which involved six buildings, with just over 30,000 square feet of tilt -up concrete buildings similar to the design of the adjacent buildings. He detailed the location and parking provisions and noted that one condition needed to be amended, being Condition No. 26, with the dedication changed from 5 feet along Collier to 12 feet, in compliance with the General Plan. He explained that the 86 foot right -of -way had been approved due to the topography, and the applicant had agreed to that modification. Mayor Buckley questioned if these buildings would be like the existing yellow ones. Community Development Director Brady indicated that they would be of a similar design and clarified the location. Councilman Schiffner inquired if improvements to Collier would be provided by this developer. Community Development Director Brady indicated that the improvements to Collier were already in place, but if .�. anything additional was needed at their location, they would need to provide it. Mayor Buckley inquired if these buildings would be sold or leased. Community Development Director Brady indicated that he believed they would be leased. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW NO. 2003 -06 FOR THE CONSTRUCTION OF SIX WAREHOUSE BUILDINGS BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A" THRU "G", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS 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. Page Forty -One — City Council Minutes — April 13, 2004 The proposed Industrial Design Review located at APN: 377 - 151 -061 complies with the goals and objectives of the General Plan, in that the approval of this industrial complex will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN: 377- 151 -06 is appropriate to the site and surrounding developments in that the proposed industrial complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality or originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed The proposed Industrial Design Review located at APN 377 - 151 -061, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In -Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Page Forty -Two — City Council Minutes — April 13, 2004 Review located at 377 -151 -061 has been scheduled for consideration and approved by the City Council. CONDITIONS OF APPROVAL FOR I NO. 2003-06 - D &D CATTLE - APN 377 - 151 -061 PLANNING DIVISION 1. Design review approval for Industrial Project No. 2003 -06 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 2. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. I All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Structures shall be placed on -site as depicted on the site plan and/or as modified by the Community Development Director or designee. 5. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 6. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for —. Page Forty -Three — City Council Minutes — April 13, 2004 each. 7. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. s. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 9. 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. 10. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. ii. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20'). 12. All exterior downspouts shall be painted to match the building color. 13. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 14. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 15. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page Forty -Four — City Council Minutes — April 13, 2004 16. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 17. A sign program shall be submitted for review and approval by the Planning Commission prior to building permit approval. 18. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 19. Extensive and mature landscaping shall be constructed along the northeastern (Collier Avenue) and southeastern (immediately adjacent buildings three and six) property lines. 20. 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, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). Page Forty -Five — City Council Minutes — April 13, 2004 e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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. 21. Plant palette shall substantially match the neighboring plant palette featured along Collier Avenue. Page Forty -Six — City Council Minutes — April 13, 2004 ENGINEERING DIVISION 22.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) pfier to final niap appr-eval occupancy. 23.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 24.The Traffic Mitigation Fee is $25,150, the Drainage Fee is $4,175 (Warm Springs East District), the K -Rat Fee is $910 and the TUMF is $23,300 if building permits are obtained on/after July 1, 2004. 25.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 prier to final fnar appr-eval building permit 26.Dedicate a 12 ft. wide strip of additional street right -of -way for a total of 50 foot half street width along the frontage of Collier Avenue to the City prior to final map appfe aI building permit. 27.Sidewalks, with handrail, will be required to be constructed along Collier Avenue. 28.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. 29.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to €xlal fnap appfeval occupancy (LEMC 16.34). Page Forty -Seven — City Council Minutes — April 13, 2004 30.All parcels shall have direct access to public right -of -way or be provided with a minimum 26 -foot ingress and egress easement to public right -of -way with no on- street parking from the tract boundaries to Minthorn Street by separate instrument or through map recordation. 31.The 26 ft. easement for access to Parcel Map 31901 must be approved by the Riverside County Fire Department prior to final eval- building permit. 32.Riverside County Fire Department must approve easement widths and turning radii within the site prior to final map appfeval building permit. 33.The 26 ft. ingress /egress easement to Chaney Street must exit onto Chaney Street at least 200 ft. from the intersection of Chaney Street and Collier Avenue. 34.Developer shall contribute $4,600 for the design and construction of the landscaping for one -half of a "raised landscaped" median along the frontage of Collier Avenue prior to issuance of building permit. 35.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). 36.Applicant shall construct public improvements or 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 occupancy. 37.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). 38.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V? x 11" Mylar) shall be submitted to the Engineering Page Forty -Eight — City Council Minutes — April 13, 2004 Division before final inspection of public works improvements will be scheduled and approved. 39.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final fnap appfeval building permit. 40.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. 41.Provide fire protection facilities as required in writing by Riverside County Fire. 42.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 43.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 44.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. 45.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 46.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 47.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the Page Forty -Nine — City Council Minutes — April 13, 2004 existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 48.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 49.An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 50.All grading shall be done under the supervision of a geotechnical engineer and ._ he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 51.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. 52.0n -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 ". 53.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. 54.The site is in the Flood Zone AO, FIRM Map 0606362062F Revised August 18, 2003 and building pads shall be constructed 1 ft. above existing adjacent grades. 55.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. Page Fifty — City Council Minutes — April 13, 2004 56.Meet all requirements of LEMC 15.68 regarding floodplain management. 57.The applicant to provide FEMA elevation certificates prior to certificates of occupancy. 58.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 59.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 60. 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. •— 61.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 62.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria are exceeded, drainage facilities should be installed. 63.Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 64.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 65.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall Page Fifty -One — City Council Minutes — April 13, 2004 provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 66.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 67.Applicant shall provide first blush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 68.Parking lot and roof runoff must go through a filtering system before draining to the public maintained storm drain and or provide permeable parking lot gutters. 69.Applicant shall cause to be recorded a CC &R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the director of Community Development & the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. 70.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. 34. Nuisance Abatement Hearing Board. (F:32.4) City Manager Watenpaugh explained that this item was included on the agenda, at the request of Councilman Magee, due to the ongoing vacancy on Page Fifty -Two — City Council Minutes — April 13, 2004 the Board. He noted that staff thought that one issue might be to make the hearings easier for people to attend by moving them to the evenings in connection with the Planning Commission meetings. He stressed that a lot of people could not attend during the day, including some of the people who had been appointed in the past. He explained that staff has filled in for the existing vacant position, and Community Development Director Brady had addressed the issue with the Planning Commission and is receptive to handling these items if the Council so desires. Councilman Schiffner commented that the Planning Commission members used to cover this Board, and he was not sure why it was changed unless they chose not to do it. Community Development Director Brady noted that the Code reads two Planning Commissioners or member appointed by the City Manager. He noted that there is a concern that when only two members participate it is not taken seriously, but the Planning Commission does have the experience and could take on the task. Councilman Hickman suggested with the creation of the Public Safety Commission, the responsibility should be shifted there, so the Planning Commission could be directed toward the General Plan to get that moving forward. He indicated that he was embarrassed by the last Planning Commission meeting, and suggested that the Public Safety Commission could give it more teeth. Mayor Pro Tem Kelley suggested that such a shift would give the board less teeth. City Manager Watenpaugh clarified that the Public Safety Commission was advisory to the Council, while the Planning Commission is responsible for planning and zoning. Mayor Pro Tem. Kelley indicated that the Public Safety Commission was formed with different goals, so if the Planning Commission was willing to cover this responsibility it would carry a lot more credibility, as they know the codes. Councilman Schiffner commented that the Planning Commission has no active part in updating the General Plan, other than to decide on the final plan. Community Development Director Brady indicated that it was the intent that the Planning Commission would review the plan and make recommendations and be somewhat involved in the process. Councilman -- Page Fifty -Three — City Council Minutes — April 13, 2004 Schiffner clarified that the Planning Commission was not holding up the General Plan process. Councilman Magee indicated that staff had some good ideas in this recommendation. He noted that he had asked the City Clerk to do research and had provided a copy regarding this issue. He read from a staff report dated August 8, 2000, and noted that there were several people active in the community and willing to serve. He noted that the Mayor had suggested appointing these representatives separate from the Planning Commission and indicated that would provide more resident participation, which he supports. He noted that he understood staff s point about the Planning Commissioners, but he also understood the point about access to the public with evening meetings. He suggested that the professionalism of a meeting in the Cultural Center setting sent a different message. He suggested continuing the practice that the Council recommends representatives to the City Manager for appointment to the two individuals; with those meetings occurring immediately following a Planning Commission hearing. Councilman Hickman requested clarification that the recommendation was to stay with the two members, but hold the meeting after the Planning Commission. Councilman Magee confirmed. Mayor Buckley commented that not everyone in front of the Board was a slum lord, but some were inconvenienced to be present at 9 a.m. He indicated that he could see the point of the Public Safety Commission or Planning Commission covering the Board, but thought that continuing with the two independent votes was the best idea. He questioned the timing of meetings. Community Development Director Brady indicated that they were currently held once a month. Mayor Buckley inquired if they had something to consider every month. Mr. Brady confirmed. Councilman Schiffner noted the reluctance of people to show up for the meetings. Mr. Brady indicated that there was a vacancy which at times posed problems. City Manager Watenpaugh questioned the alignment of the Board meeting with Planning Commission meetings, and questioned if they would be on site waiting for the Planning Commission to finish their agenda. Page Fifty -Four — City Council Minutes — April 13, 2004 Councilman Magee questioned the length of the Planning Commission meetings. Mr. Brady indicated that the last meeting went until about 10 p.m. Councilman Magee inquired if most meetings were two hours or less. Councilman Hickman suggested holding the Nuisance hearings first. There was general discussion of the timing of meetings; and it was the consensus to hold the Nuisance hearings at 5 p.m., followed by the Planning Commission meetings at 6 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN THAT THE NUISANCE ABATEMENT HEARING BOARD CONTINUE TO CONSIST OF TWO MEMBERS APPOINTED BY THE CITY MANAGER; AND THAT THE MEETING TIME FOR THE HEARINGS BE CHANGED TO THE FIRST TUESDAY AT 5 P.M. AT THE CULTURAL CENTER, PRECEDING THE PLANNING COMMISSION MEETING; AND IN THE ABSENCE OF AN OFFICER THE COMMUNITY DEVELOPMENT DIRECTOR WILL SERVE AS THE SUBSTITUTE. Councilman Schiffner indicated that he would support the motion, but he still felt it would be a problem. Councilman Hickman inquired if there should be a motion to appoint the representatives. Mayor Pro Tem Kelley noted that the appointment was not listed on the agenda. Mayor Buckley suggested that the appointments be held until the next meeting. Councilman Magee noted the variation between the Code and the practice. Mayor Buckley indicated that recommendations would be made at the next meeting. Councilman Schiffner inquired if Mr. Franson desired to continue on the Board. Community Development Director Brady indicated that he was not sure of Mr. Franson's intentions. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Easement and Public Park Improvement Agreement (17:1 14.1)(X:132.1) Page Fifty -Five — City Council Minutes — April 13, 2004 City Manager Watenpaugh deferred to Community Services Director Sapp, noting that he had been working with the City Attorney and EVMWD. Community Services Director Sapp detailed this item, including its location, and noted that the site was just over an acre. He indicated that the site would be used for a well site, and as a condition of the planning process for the park, they have 30 days to begin the landscaping plans. He noted that it was more cost effective to do it all at the same time, so it would probably be done contiguously. He indicated that the amount of participation by the Water District would be based on the valuation of the easement. He explained that the agreement requires appraisals, with the District moving forward with the process. He indicated that there had been some discussion of limiting the time and moving forward with the park improvements; but it was currently somewhat open ended, with no timeline for development. He indicated that the District was ready to get moving right away per his conversations. Mayor Pro Tern Kelley commented that she wanted to be sensitive to how the project looks in the process, as there are a lot of residents in the area. Community Services Director Sapp noted that the valuation of the property will probably not be equal to the improvements, so the City will have to participate financially. He noted that there would be funding for the year 2005 -06 to help complete this project. Mayor Buckley requested clarification. Mr. Sapp indicated that there would be extensive time for planning and construction documents. City Manager Watenpaugh noted the addition of a requirement that the improvements all be in place by February 1, 2005. Councilman Schiffner inquired if the plans would be back for approval. Mr. Sapp indicated that they could be if the Council desired. Council concurred that they would want to see the final plans. MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE EASEMENT AND PUBLIC PARK IMPROVEMENT AGREEMENT WITH ELSINORE VALLEY MUNICIPAL WATER DISTRICT AND GRANT THE EASEMENT FOR THE WELL STRUCTURE, WITH A DEADLINE Page Fifty -Six — City Council Minutes — April 13, 2004 OF FEBRUARY 1, 20059 FOR CONSTRUCTION OF THE WELL AND PARK IMPROVEMENTS. Councilman Schiffner indicated that he would want to see the whole plan for the Water District facility and the park. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. City Hall Remodel. (F:50.1) City Manager Watenpaugh explained that this item was to consider the ability to provide more public counter service space. He noted that Council was concerned about the time line, and staff would be putting one together and getting it back to them by the end of the week. Community Services Director Sapp indicated that once the funding was -- approved staff could formulate a time line. He explained the proposed plan for improved public access to City Hall, and accommodation of the increased level of activity in the City. He explained that the plan would provide a hallway to connect the lobby to what is now the entry for Council and Community Services; and would provide another 18 feet of counter space and two cashiers. He noted that there was also a plan to relocate Community Services and the City Council /City Clerk's offices for easier public access. He advised that the cost was estimated at $29,600, and staff was recommending up to $30,000 for the improvements. Mayor Buckley noted that Finance would be upstairs. Councilman Schiffner noted that he had seen an indication that the changes would allow access to the City Council office when City Hall was closed. Community Services Director Sapp confirmed with the switching of office, they would have access for computers, document review, etc., 24 hours a day. Mayor Buckley indicated that the proposed changes were a good idea, and suggested when the work was complete, the reopening might be a good day to start opening on Fridays, with the dedication taking place on Friday. Page Fifty -Seven — City Council Minutes — April 13, 2004 MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO MAKE THE IMPROVEMENTS AS OUTLINED AND APPROPRIATE $30,000 FROM THE GENERAL FUND RESERVE TO OFFSET THE PROPOSED COSTS FOR THE IMPROVEMENTS. Councilman Magee stressed that this action would be improving access to City Hall, and both doors would be open to the public. He noted the frustration of finding locked doors, especially on Fridays; and suggested that would go away. He commented that there would be immediate access to the City Clerk and the City Council Office and suggested the cost was a bargain. 37. Amendment to Land Development Agreement and Temporary Land Transfer Agreement with South Shore Properties, LLC. (F:68.1) City Attorney Leibold indicated that this Agreement was very similar to the item considered the last meeting as it related to the delinquent Community Facilities District. She explained that the special tax had been stalled and consolidated with other underperforming CFD's. She indicated that with regard to South Shore Properties, there was an approved Development Agreement, that provided for some release of delinquencies in exchange for development, but encountered problems when they went to the County for release of the property tax delinquencies. She explained that the first issue was the City allowing the release; and the second issue was to comply with the County's requirements to release the taxes. She reiterated that the proposed action was similar to the Wasson Canyon item at the last meeting. She indicated that the developer had paid the first payment, which was non- refundable; and the City would take title temporarily, with the developer providing a promissory note secured against the property. She detailed the specifics of the arrangement, including the balance to be paid upon approval of the second Tentative Tract Map or by 2007. She noted that if the balance was paid before 2004, a discount will apply. Page Fifty -Eight — City Council Minutes — April 13, 2004 MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FIRST AMENDMENT TO THE LAND DEVELOPMENT AGREEMENT, THE TEMPORARY LAND TRANSFER AGREEMENT SUBJECT TO ANY MINOR MODIFICATIONS AS APPROVED BY THE CITY ATTORNEY, AND AUTHORIZED THE MAYOR TO EXECUTE SAID AGREEMENTS; AND AUTHORIZED THE MAYOR TO EXECUTE THE QUITCLAIM DEED, AND AUTHORIZED THE CITY MANAGER TO EXECUTE THE CERTIFICATE OF ACCEPTANCE. 38. Electoral Reform Committee. (F:59.8) City Manager Watenpaugh explained that this item had been listed for consideration at the request of the Mayor; and noted that the intent was to look at changing back to even number years for elections, the possibility of an elected Mayor, forming districts and tightening up the -- campaign finance reporting requirements. He deferred to Mayor Buckley for further information. Tim Fleming, 17970 Lakeshore Drive, stressed the importance of forming districts and reforming management. He noted that some neighborhoods were being neglected, and still had unpaved road and minimal street lighting, He further noted that weed abatement had been done poorly at best, although it might be changing. He stressed that reform and committees were good for the City. Mayor Buckley highlighted the proposed committee to look at moving City elections, devise a new and permanent procedure for commission/ committee appointments, establishing new campaign finance standards, reviewing the possibility of electing by District and/or the possibility of directly electing the Mayor. He indicated that the Committee should investigate whether to continue the position of City Treasurer in an elected capacity. He further indicated that the Committee was barred from Page Fifty -Nine — City Council Minutes — April 13, 2004 consideration of a City Charter or modifying the relationship between Council and staff. He commented that he was in favor of all of those changes, but understood that there was a significant difference of opinion. He suggested that by creating this committee, those issues would be dealt with and finished. He noted that these considerations had been discussed for four years ago when people signed the petitions to establish districts. He indicated that he would make every effort to support the recommendations the Committee comes back with. Mayor Pro Tem Kelley indicated that she was ready to make her appointment. She appointed James Judziewicz. Councilman Hickman appointed Mike Maskell, and gave his phone number as 674 -0272. Councilman Magee appointed Jimmy Flores. Councilman Schiffner appointed Joyce Hohenadl, and gave her phone number as 674 -2159. Mayor Buckley appointed David Walsh, as Chairman of the committee. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ESTABLISH THE COMMITTEE AND CONFIRM THE APPOINTMENTS AS LISTED. Mayor Buckley indicated that Mr. Walsh would be talking with City Attorney Leibold and City Clerk Kasad, to get started with the Committee. 39. Federal EnergRegulatory Commission Solicitation for Additional Study Request regarding the Lake Elsinore Advanced Pumped Storage Project. (F: 164.2) City Attorney Leibold noted the EVMWD and the Nevada Hydro Company Page Sixty — City Council Minutes — April 13, 2004 were working through the proposed LEAPS project with two reservoirs; and explained the approval process. She indicated that there would be some potential impacts on the lake and shoreline of the Lake; and the comment period was running through May llth. She advised that this item was a request for the Council to provide some direction to staff on the level of participation by the City and the submittal of comments prior to the deadline. Edith Stafford, 29700 Hursh, indicated that she opposes the Lake being used as part of the LEAPS project; but in the event the project is approved, she would like to see the City make some strong stipulations on the times the water is pumped up and down the hill. She commented that the Lake is one of the City's greatest assets and she wants to be sure that the beauty of the Lake is maintained. She stressed that the water level should never be allowed to drop below a certain level such as 1245'. MOVED BY KELLEY TO DIRECT THE CITY ATTORNEY TO GET INVOLVED IN THE PROCESS BY PREPARING COMMENTS TO BRING BACK TO THE COUNCIL; AND AUTHORIZE AN APPROPRIATE LEVEL OF SPENDING. Mayor Buckley commented that the document needs to be very carefully worded; but establish a place at the table in the process. Councilman Schiffner commented that it was reasonably clear that the City was not properly represented in the application process, and he would like to see the City Attorney make comments to correct some inaccuracies. City Attorney Leibold advised that she would like to see the thrust of the comments to be similar to those of Mrs. Stafford, that the Lake is the centerpiece of the community, and because of the ownership interests, the City would like to work to preserve the recreational uses of the Lake. Councilman Schiffner indicated that he was not sure of the regulation, but it might defeat the purpose if there is a request to release the water. Page Sixty -One — City Council Minutes — April 13, 2004 THE FOREGOING MOTION WAS SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 11:11 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 11:15 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Ruth Atkins, 15287 Lake Trail Circle, announced that the Lake Elsinore Historical Society had established its own website at www. lakeelsinorehistoricalsociety .org Pete Dawson, 18010 Grand Avenue, addressed the subject of water for Lake Elsinore. He noted the 2001 lawsuit against the Water District which demanded the release of natural waters being held back illegally. He addressed the 2003 agreement, which called for three sources of water, including the natural flows from the San Jacinto river. He demanded that the City speak up on this issue and assure that the water supply is replaced. Edith Stafford, 29700 Hursh, indicated that she was very impressed with the City Council lately. She commented that it was a joy to come to the meetings and see them run smoothly, with the Councilmembers mostly in one accord. She indicated that even the disagreements were smooth sailing and encouraged that this continue. Chris Hyland, 15681 Wavecrest, announced the Historical Society's Mother's Day Garden Tour on May 8th from 10 a.m. to 3 p.m. She indicated that there were great houses with gardens and the proceeds will benefit the scholarship and restoration fund. Paula Graver, 218 Ellis, noted that her son was in Baghdad, and read an Easter e- mail from him. She also read "I wish you enough ". Page Sixty -Two — City Council Minutes — April 13, 2004 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Presented the poster developed by Information/Communications Manager Dennis to hang in Congressman Issa's office. He noted that Congressman Issa was very impressed and received a lot of good comments. Mr. Dennis presented the poster for viewing. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: 1) Congratulated Mark Cordova, as Officer of the Year. Councilman Hickman commented on the following: 1) Thanked Pete Dawson for the donation of cameras for the Photo Contest. 2) Noted that he attended the funeral for Luella Dagermon, and read a poem Luella had written. 3) Announced the Pet Walk on April 17th and the Mayor's Prayer Breakfast on May 6th Page Sixty -Three — City Council Minutes — April 13, 2004 Councilman Magee commented on the following: 1) Thanked staff for addressing Mr. Hewison's concerns. 2) Thanked the Campground concessionaire for allowing access to the house on the property. 3) Thanked Parks & Open Space Manager Fazzio for the clear presentation on weed abatement, but noted that the residents ignored most of what he said, although he did a fine job. Mayor Buckley commented on the following: 1) Announced the NAACP Scholarship Lunch at the Diamond Club on May 8th 2) Announced that the SANDAG regional plan workshop would be held on April 19th at the Wildwood Community Center in Vista. 3) Announced the following local events: April 16th — Castles to Bungalows Conference in Riverside. April 17th — Walk the Dog event. April 17th — Fashion Show at the Women's Club April 24th — Cruise Night. 4) Addressed the Nuisance Abatement Board, and suggested giving them the weed abatement issues next year. ADJOURNMENT Page Sixty -Four — City Council Minutes — April 13, 2004 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:30 P.M. THOMAS BUC ,MAYOR CITY OF L ELSINORE ATT ST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 119 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (2 cases). B. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code § 54965.8) Page Two — City Council Minutes — May 11, 2004 Property: Lot G and the north easterly 385.00 feet of Lot C of Tract 23988- 2. Negotiating Parties: City of Lake Elsinore and Elsinore Valley Municipal Water District. Under Negotiation: Price & Terms. City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:21 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:10 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Emerson Brigham. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Page Three - City Council Minutes — May 11, 2004 Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development'Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS a. Proclamation - Older Americans Month. Mayor Buckley called Arline Gulbransen, Paul Cluck and Dolley Quigley forward for presentation; and read and presented the Proclamation. Ms. Gulbransen noted that Mr. Cluck and Mrs. Quigley were very important seniors for the Center, and detailed their volunteer activities. b. Proclamation - Veterans Appreciation Month. Mayor Buckley noted the recognition and indicated that no representative was present to accept the proclamation. He called all of the Veterans in the audience forward, and read and presented the Proclamation. C. Presentation - Police Chief Bill Walsh. Mayor Buckley called Chief Bill Walsh forward for presentation, and read and presented him with the Proclamation and a City paper weight. He explained that Chief Walsh would be leaving the City soon, after eight years of excellent service to the City. Chief Walsh commented that as he mentioned to the newspaper, the things Page Four — City Council Minutes — May 11, 2004 he would miss most, were the people he had worked with at the Lake Elsinore Station, noting that nothing could have been done without them. He also indicated that he would miss City staff from the City Manager all the way down, noting they were tremendous people to work with. He commented on the people he had met in Lake Elsinore and the friendships he had made in the community. He noted that he had a total of almost 13 years in service to the community; and had grown to love the community and will miss it tremendously. He thanked the community for making him welcome and a part of everything that goes on in the community. Mayor Buckley introduced Captain Louis Fetherolf, who will be serving as the City's new Police Chief. He highlighted Chief Fetherolf s career and education; noting that he transferred to Lake Elsinore as a Lieutenant in 2002. Chief Fetherolf indicated that it was a pleasure to be in Lake Elsinore, and noted the huge responsibility ahead of him. He stressed that he was fully aware of what was ahead of him, and noted that the wonderful -- thing was the people he would be working with in Lake Elsinore. He commented that the City staff was a fine group of dedicated people and he would be continuing with much of what had already been done. He stressed that any changes would be minor, and noted that the door was always open to input. d. Presentation - Chamber of Commerce Update. Jack McColley, Chairman of the Board, Lake Elsinore Valley Chamber of Commerce, thanked the presenting sponsors of the 91h Annual Golf Tournament. He congratulated both City teams on a good game, noting that the Council had squeaked past staff. He noted that City staff member Ken Seumalo won the Closest to the Pin Contest. He announced the EDC Lunch for Thursday, May 13th at 11:30 a.m. at the Diamond Club, focusing on the energy resources in the region. He congratulated the Business of the Month, being R.W. O'Neal Insurance. He announced that the next mixer would be jointly hosted by Cherished Memories Photography and American Printing, at American Printing on May 20th at 5:30 p.m. He advised that -.. Page Five — City Council Minutes — May 11, 2004 the last Student of the Month Lunch for this school year would be held on May 25th at Sizzler at Noon. He announced that the Student of the Year recognition would be held on June 1St at 7 p.m. at the First Assembly of God Church: He detailed the events and the scholarships to be presented. He advised that the Chamber was making plans for the Third Annual Reverse Drawing on July 29th, and working to expand the services to the membership. He indicated that they were also planning the EDC Anniversary Lunch and Economic Briefing; and a business expo in October. He encouraged interested parties to gain additional information by visiting their website at www.levcc.org. CLOSED SESSION REPORT City Attorney Leibold announced that the City Council met in Closed Session for discussion of the items as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE George Alongi, thanked the Mayor for recognizing the Veterans. He indicated that the main reason he was present was in regard to a gentleman at the last meeting who was before the Council asking for assistance for seniors. He commented that he had said some of the same things the gentleman did, and has provided that type of housing for forty years. He indicated that he was coming back into business to provide two projects to the City. He suggested that it was about time the RDA and City worked with developers and banks to raise the funds and assist with homes. He commented on the rising costs of property and rents and suggested it was possible for everyone to remain in the community and still draw the big developers. He stressed that the senior population should not be abandoned. David Lewis, 340 Laura Lake Court, representing the Boys & Girls Club of _ Capistrano Valley, indicated that he would like to bring a Club to the community, to help prevent gang activity. He commented that it was proven that children would thrive when the proper resources were available to them; and indicated that Page Six — City Council Minutes — May 11, 2004 Clubs prevent delinquency. He stressed that now was the time to be proactive on the issues of crime and gangs and stressed the need for immediate involvement. He indicated that he was present to challenge the community, police, schools and City Council to bring the services to the children. J.J. Swanson O'Neal, 1403 W. Heald, representing the Historical Society, noted the garden tour and indicated that it was a successful event. She thanked the homeowners for the use of their yards, and noted that the event raised funds for the Museum. She detailed the participants and thanked American Printing, the Californian, Vinchenzo's and Collector's Corral for their assistance. She also thanked the Hickman's for their support. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: ••. Item Nos. 3 and 6. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - April 13, 2004. 2. Ratified Warrant List for April 30, 2004. 4. Approved three year Agreement for Park Maintenance with Greenscape in the amount of $121,950.00, and authorized execution of the agreement. Page Seven — City Council Minutes — May 11, 2004 5. Approved three year Agreement for Streetscape Maintenance with Excel Landscape in the amount of $176,976.00, and authorized execution of the agreement. PUBLIC HEARINGS 21. Tentative Tract Map Nos. 30493 and 31706 (Canyon Hills Specific Plan) - Pardee Construction. Mayor Buckley opened the public hearing at 7:37 p.m. Community Development Director Brady highlighted the maps and detailed the area included. He explained that the first map included 395 single family lots, a future elementary school and community park; with the balance of the lots for landscaping and streets. He further explained that the second map would include 255 single family detached lots and detailed the lot size. He advised that the matter was considered by the Planning Commission on April 20th, at which time they recommended approval. Jim Stringer, representing Pardee Homes, concurred with the staff report and conditions and offered to answer any questions. William Zeidnik, Economic Land and Development Chairman, indicated that they were proponents of the Menifee incorporation. He commented on the Audie Murphy Ranch Project to the north of this project and indicated that they were trying to preserve open space for trails. He suggested options for inclusion of trails that would tie into this project. He requested the Council's assistance in this area and noted concerns specifically on Holland Road. Sheila Thornberg, 25710 Holland Road, Menifee, noted that this entire project had been approved for some time, but they had major concerns regarding the impact of the people it will bring into the area. She indicated that the project would bring immense density to a rural area. She stressed Page Eight — City Council Minutes — May 11, 2004 the dirt roads and rural ranches in the area, and commented that a two lane road would not hold a lot of traffic. She indicated that they already had a problem riding horses out of their gates. She suggested that inadequate attention had been given to the roads by Lake Elsinore and Riverside County. She indicated that she had spoken with Mr. Stringer who indicated that there were no horse trails to be built in their project; and explained that this meant that there could be no connection with Lake Elsinore and the vicinity. She commented that she would like the planners to reach an equal situation on both sides before the project is built in its entirety. Tom Fuhrman, 25690 Holland, indicated that the proposed project has a four lane highway which stops 200 yards before his property. He expressed concern that there was only 15 feet of driving space in front of his property. He suggested that there was a tremendous problem with this gap in the road. He noted that there were 1,300 horses in Menifee and stressed the need to address the roads and trails in the area. Councilman Hickman inquired if Holland Road was located in the City or in the County. Mr. Stringer indicated that it was in the County, to the east of his property; but there was a County obligation to improve the dirt portion to two lanes in width. Councilman Hickman requested clarification that the City works with the County on the trail system. Community Services Director Sapp confirmed. Councilman Hickman questioned the trail tie -in. Mr. Sapp indicated that it tied in with Murrieta Creek. Councilman Hickman questioned the impact on Pardee's project. Mr. Sapp indicated that the trails were lower than the Pardee project. Councilman Hickman questioned where the trail might be. Mr. Sapp indicated that he had not met with this group, but would do so. Councilman Hickman noted that Pardee was recognized as one of the five major builders in the area of energy savings. Mr. Stringer confirmed that they were building projects with extra energy saving measures in Las Vegas and San Diego, and indicated that they would most likely include some of those amenities at some point, in this project. Councilman Hickman noted the existence of a burial preserve. Mr. Stringer clarified that their area included a pioneer ... Page Nine — City Council Minutes — May 11, 2004 cemetery from the 1880's; and indicated that it would be fenced with wrought iron. He noted that on another property there was a 25 acre sacred site, to be preserved in perpetuity. He commented that they were trying to accommodate the trail on the edge of their property, and noted the need for connectivity. Councilman Hickman commented that he felt the trails were being addressed and had no problems with the project. Mayor Pro Tem Kelley questioned the gated entry. Mr. Stringer clarified the gated location. Mayor Pro Tem Kelley noted that the homes in that area were large lots with a gated enclave. She questioned when they anticipated those homes would be built. Mr. Stringer indicated that the models were scheduled to open in late March, 2005. Mayor Pro Tem Kelley noted the proposed condominiums. Mr. Stringer highlighted the location, but indicated that there was no specific site plan yet, however this map set aside an area for condos. Mayor Pro Tem Kelley questioned the school site. Mr. Stringer detailed the site, noting it was in escrow; and set to open in the Fall of 2006, subject to proper funding. He noted the community park. Mayor Pro Tem Kelley inquired how the community park would compare to the existing park. Mr. Stringer indicated that the existing park was about seven acres, but the community park would be 22 acres with more amenities. Councilman Schiffner commented that the developments completed by Pardee so far were very nice, and beautiful neighborhoods. He agreed that he would like to see the trails connected if possible; and requested efforts to do so. He indicated that he was happy to see this project move forward and happy with what they planned to do. Councilman Magee asked the Community Development Director if the City had ever received any written comments from the County regarding Holland Road. Community Development Director Brady indicated that he did not believe so. Councilman Magee inquired if notices were circulated in the area. Mr. Brady indicated that typically everyone within 300 feet of the map were notified; and noted that the project had not varied significantly from the original map, with which the County was fine. Councilman Page Ten — City Council Minutes — May 11, 2004 Magee indicated that he was fine on the map for 31706, but had questions on the map for 30493, He noted that the map included lots less than 5,000 square feet, which were specifically under the minimum of 6,000 square feet required by the Code adopted in 1986. He commented that while this product was within a specific plan, he would question why smaller lots were now good. He questioned why staff supported the smaller lots. Mr. Brady indicated that the plan had allowed for smaller lots since the beginning of the plan, with a planned mix of units. Councilman Magee noted that two examples had been provided for smaller lots being Pardee and Corman Leigh; but commented that they were very different developments. He noted that Corman Leigh was surrounded by multi - family and commercial development, and was a difficult in -fill site. He contrasted that project with the Pardee project which is a blank canvass, and commented that he was still uncomfortable with the lot sizes. Mayor Buckley addressed the Menifee representatives, noting that there would be a commercial site with a market near the entrance on Railroad Canyon. He also noted that inside the City, Holland Road would be four lanes going down to two lanes. Mr. Stringer indicated that the road narrows to two lanes before it exits their property. He indicated that off -site it was a two lane dirt road into a paved two lane road; and noted that their agreement would pave the two lane dirt strip. Mayor Buckley addressed the lower right side of the map, which is proposed for future estate lots and open space; and suggested working for connectivity of the trails to Wildomar in that area. Mr. Stringer noted as a caveat that there was a conservation easement to be addressed, and he was not sure what that would allow them to do. He indicated that within those confines they would work out a place for a trail, but noted that at some point it would need to go through someone else's property. Mayor Buckley commented that there were ten or twelve lots with Canyon Lake Golf Course views, and questioned the project's lot sizes. Mr. Stringer indicated that there were only fifteen lots under 5,000 square feet. Mayor Buckley indicated that he was going to support this item, but suggested nothing smaller than 5,000 square feet in the future. Mr. Stringer addressed the lot sizes and noted that there were major Page Eleven — City Council Minutes — May 11, 2004 recreation facilities in the community; and indicated that there was a recreation center in the first phase and there would be two more in the future. He stressed the increased amenities. Mayor Buckley noted the potential for internal move -ups, but stressed his concern for setting a precedent with smaller lots. Mayor Pro Tem Kelley questioned the Riverbend Project. Mr. Stringer indicated that the response had been very positive and it was one of the most successful projects. He noted that it was originally zoned for 20 units per acre, but they chose to do seven units per acre. Mayor Pro Tem Kelley suggested that everyone needed to see the smaller lots, and indicated that this was a perfect example of houses for smaller lots. She commented that she thought they were better than the image that the smaller lot would bring to mind. She noted that Homeowners Associations were in control of the area. Mr. Stringer commented that 25% of the buyers were traditional families, but the other 75% simply did not want a big home or a big lot. Mayor Pro Tem Kelley noted that smaller homes were needed as entry level for young people, and downsized homes for older people. She stressed that there was a market for this type of project to a certain degree. Councilman Schiffner noted the discussion of lot sizes and indicated that it came from an area where the City is built out and the lot size is 5,000 square feet. He indicated that the reason for minimum lot sizes was to control the density in a given area. He suggested that Lake Elsinore was looking at conservation for animals and birds; and the multi- species program suggests higher density housing. He indicated that the actual lot size was quite large, but the density was market driven. He indicated that it would be necessary to look at smaller lots on other projects as well; and noted that he was not concerned with the lot size as much as the number of people. Councilman Magee commented that the presentation noted a requirement to make off -site improvements for about 1/2 mile of Holland Road. Mr. Stringer clarified that it was about 1/a to 1/2 mile until it reached the existing Page Twelve — City Council Minutes — May 11, 2004 pavement. Councilman Magee questioned the width to be improved. Mr. Stringer indicated that there was no specific requirement, but it would be two lanes of pavement. Councilman Magee inquired if this addressed the concerns of Mr. Fuhrman and the residents. Mr. Fuhrman indicated that there was only 15 feet of road space as cut, noting that it was a main horse trail; and suggested that there would need to be two lanes and a horse trail. Councilman Magee questioned the request for paving and adequate trails for safety. Mr. Fuhrman indicated that some people had to traverse the road to get to Lake Elsinore. Mr. Stringer indicated that the road requirement was attached to phase seven of the project. He advised that they would bring a tentative map to show the road at that time. Councilman Magee questioned the timing. Mr. Stringer reiterated that it would be part of phase seven. Mayor Buckley closed the public hearing at 8:12 p.m. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO. 30493 AND TENTATIVE TRACT MAP NO. 31706, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. FINDINGS FOR TTM NO. 30493: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). _,., Page Thirteen — City Council Minutes — May 11, 2004 The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. FINDINGS FOR TTM NO. 31706: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Fourteen — City Council Minutes — May 11, 2004 The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL - TENTATIVE TRACT MAP NO. 30493 PLANNING DIVISION General 1. Tentative Tract Map No. 30493 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the -- Page Fifteen — City Council Minutes — May 11, 2004 Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. ,2003 -02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 30493: 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project -by- project basis. _ If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. Page Sixteen — City Council Minutes — May 11, 2004 IO.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from Fire Department dated November 20, 2003). 11.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. .� Prior To Final Tract Map 12.All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16.The applicant shall comply with all conditions of the Riverside County Fire Department. Page Seventeen — City Council Minutes — May 11, 2004 17.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Prior To Design Review Approval 18.All future structural development associated with this map requires separate Design Review approval. 19.Prior to Design Review approval, the applicant shall show the following: • Prepare Conceptual Landscape describes species, size, and hardscape, etc. to be provided. Plan for Model Home Complex which location of trees, shrubs, groundcover, • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter walls around the subdivision shall be of decorative masonry concrete block. 20. Design for all drainage basins proposed with Tentative Tract Map No. 30493 shall be approved by the City Engineering Manager and Community Page Eighteen — City Council Minutes — May 11, 2004 Development Director or designee. Security fencing shall also be shown. Chain -link fencing is prohibited. Prior To Building Permit /Grading Permits 21. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable -- level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall ensure compliance of said program. 24. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Page Nineteen — City Council Minutes — May 11, 2004 27. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire Canyon Hills area. 32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. Page Twenty — City Council Minutes — May 11, 2004 • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34.The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36.The applicant shall meet all requirements of the providing telephone utility company. 37.A bond is required guaranteeing the removal of all trailers used during construction. 38.All signage shall be subject to Planning Division review and approval prior to installation. 39.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. Page Twenty -One — City Council Minutes — May 11, 2004 40.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Prior To Issuance Of Certificate of Occupancy 41.The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 43.Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and /or HOA. ENGINEERING DIVISION 44.Provide detention/desilting basin for the difference in storm runoff between the developed and undeveloped flows caused by project. 45.Dedicate and improve full width of Hillside Drive. Street improvements shall be consistent with Canyon Hills Specific Plan. 46.Dedicate and improve full half -width of Canyon Hills Road. Street improvements shall be consistent with Canyon Hills Specific Plan. 47.Dedicate and improve full width of internal streets. Street improvements shall conform to City standards for local street cross sections. Page Twenty -Two — City Council Minutes — May 11, 2004 48.No parking shall be allowed on project frontage of Canyon Hills and Hillside Drive. Applicant shall provide for `No Parking' signage for these streets on the street improvement plans. 49.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 50.Top of foundation shall be one -foot minimum above the 100 year flood elevation. . 51.Desirable design grade for local streets should not exceed 9 %. The maximum grade of 15% should only be used because of design constraints. 52.All compaction reports, grade certifications, monument certifications (with tie -- notes delineated on 8 V? x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53.The applicant shall install permanent bench marks in compliance with Lake Elsinore Municipal Code 16.32. 54.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 55.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. 56.Tentative Tract Map 30493 shall be subject to all applicable conditions of approval of Tentative Tract 23848 (Canyon Hills Development) and the approved Specific Plan. Page Twenty -Three — City Council Minutes — May 11, 2004 57.Pay all Development and Plan Check fees (LEMC 16.34, Resolution 85 -26). 58.Submit a "Will Serve" letter to the City Engineering Department 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. 59.Comply with road standards as set forth in the Canyon Hills Specific Plan. 60.All grading north of Canyon Hills and west of Hillside Drive shall be secured with long term erosion control measures including a maintenance plan. 61.Lettered lot A, B and C shall be owned and maintained by a homeowner's association. 62.The applicant shall 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). 63.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). 64.The 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. 65.Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 66.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Page Twenty -Four — City Council Minutes — May 11, 2004 Department before final inspection of public works improvements will be scheduled and approved. 67.The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 68.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. 69.Provide fire protection facilities as required in writing by Riverside County Fire. 70.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 71.The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 72.The 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. 73.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 74.All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 75.If grading. exceeds 50 cubic yards, grading plans shall be prepared by a California Registered Civil Engineer and approved prior to grading permit -- Page Twenty -Five — City Council Minutes — May 11, 2004 issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 76.The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall also provide a final soils report showing compliance with recommendations. 77.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 78.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. 79.0n -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 ". 80.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. 81.The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. The applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 82.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. Page Twenty -Six — City Council Minutes — May 11, 2004 83. 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. 84.10 -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. 85.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 86.The 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. 87.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 set the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 88. "E" Street is on the inside of a curve and will only be permitted when adequate sight distance is verified by a registered civil engineer. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 89.The width and turning radii of private streets must be approved by Riverside County Fire Dept. prior to final map approval. The private streets must be wide enough with sufficient turning radii to accommodate a city trash truck. Page Twenty -Seven — City Council Minutes — May 11, 2004 90.Canyon Hills Road and Hillside Drive shall be improved as specified in the Canyon Hills Specific Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections and/or driveways for safety prior to the first certificate of occupancy. 91.The applicant shall provide a homeowner's association with CC &R's for maintenance of the open space. 92.The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 93.Applicant shall comply with a Cultural Resources Mitigation Program prior to _.. final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists. In the event significant historic material is discovered, it shall be removed before grading occurs. 94.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. CONDITIONS OF APPROVAL — TRACT MAP NO 31706 PLANNING DIVISION General Page Twenty -Eight — City Council Minutes — May 11, 2004 1. Tentative Tract Map No. 31706 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 31706 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 31706 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003 -02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 31706. ._. Page Twenty -Nine — City Council Minutes — May 11, 2004 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. IO.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from the Fire Department dated January 7, 2004). The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. Prior To Final Tract Map 11.All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 12.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. Page Thirty — City Council Minutes — May 11, 2004 13. Street names within the subdivision shall be approved by the Community Development Director or Designee. 14.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 15.The applicant shall comply with all conditions of the Riverside County Fire Department. 16.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). Prior To Design Review Approval 17.All future structural development associated with this map requires separate Design Review approval. 18.Prior to Design Review approval, the applicant shall show the following: • Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. Page Thirty -One — City Council Minutes — May 11, 2004 • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter walls around the subdivision shall be of decorative masonry concrete block. 20.Design for all drainage basins proposed with Tentative Tract Map No. 31706 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain -link fencing is prohibited. PRIOR TO BUILDING PERMIT /GRADING PERMITS -- 21.Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22.The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the proj ect. 23.Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall ensure compliance with said program. 24.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. Page Thirty -Two — City Council Minutes — May 11, 2004 25.Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 26.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27.All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29.Pay all applicable fees including park fees. 30.The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31.The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire Canyon Hills area. 32.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. Page Thirty -Three — City Council Minutes — May 11, 2004 • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34.The applicant shall meet all requirements of the providing electric utility company. 35.The applicant shall meet all requirements of the providing gas utility company. 36.The applicant shall meet all requirements of the providing telephone utility company. 37.A bond is required guaranteeing the removal of all trailers used during construction. 38.All signage shall be subject to Planning Division review and approval prior to installation. 39.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of Page Thirty -Four — City Council Minutes — May 11, 2004 the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 40.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. Prior To Issuance Of Certificate Of Occupancy 41.The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 43.Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and /or HOA. ENGINEERING DIVISION 44.Dedicate full width right -of -way and construct full width roadway improvements for Hillside Drive. Improvements and dedications shall be consistent with the Canyon Hills Specific Plan. Page Thirty -Five — City Council Minutes — May 11, 2004 45.Hillside Drive and Lot `K' shall become a private road as noted on the tentative map. The private road network shall begin at and include the turn- around feature. 46.All private roads shall be constructed to be consistent with the Canyon Hills Specific Plan. 47.Dedicate and improve full width of internal streets. Street improvements shall conform to City standards for local street cross sections. 48.All private roads shall be maintained by an association or private maintenance district. 49.Provide access capabilities for emergency vehicles through the gated entrance. 50.Provide detention/desiltation basin designed to detain the increase in stormwater run -off volume resulting from the development. 51.Grading on adjacent property shall require a "notarized permission to grade" letter from the affected property owner. 52.All slopes, cut or fill, shall comply with U 3C requirements for setback from adjacent property lines. 53.Diversion of stormwater flows shall not be allowed. 54.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior Page Thirty -Six — City Council Minutes — May 11, 2004 to final map approval. 55.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 56.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 57.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. 58.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). 59. 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). 60.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. 61.Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. Page Thirty -Seven — City Council Minutes — May 11, 2004 62.Desirable design grade for local streets should not exceed 9 %. The maximum grade of 15% should only be used because of design constraints. 63.Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. 64.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). 65.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 66.Applicant shall install permanent survey monuments in compliance with the City's Municipal Code. 67.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 68.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. 69.Provide fire protection facilities as required in writing by Riverside County Fire. 70.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. Page Thirty -Eight — City Council Minutes — May 11, 2004 71.Applicant shall annex to the City's Street Lighting and landscaping Maintenance District. 72.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 73.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. 74.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 75.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 76.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 77-Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. Page Thirty -Nine — City Council Minutes — May 11, 2004 78.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 79.All grading shall be done under the supervision of a geotechnical engineer and shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 80.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 81.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 82.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. 83.0n -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 ". 84.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. 85.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. Page Forty — City Council Minutes — May 11, 2004 86.Meet all requirements of LEMC 15.68 regarding floodplain management. 87.The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 88. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC 15). 89.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 90.All drainage facilities in this tract shall be constructed to Riverside County _ Flood Control District Standards. 91. 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. 92.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 93.10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 94.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 95.Applicant shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. N — Page Forty -One – City Council Minutes – May 11, 2004 96.Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 97.Applicant shall agree to participate in and join a Mello Roos Community Facilities District (CFD) for infrastructure improvements and operation. 98.Up -slope maintenance along right -of -ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 99.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 100. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 101. 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. 102. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers ' as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater — quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Page Forty -Two — City Council Minutes — May 11, 2004 103. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 104. 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. 105. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 106. Local streets shall have sixty (60) ft. right -of -way with forty (40) ft. curb - to -curb. Restricted local streets (cul -de -sacs) shall have fifty (50) ft. right -of- _ way with thirty -six (36) ft. curb -to -curb and a three (3) ft. utility easement on each side., 107. Restricted local interior double- loaded streets shall not have less than a 50 ft. Right -of -way with 36 ft. Curb -to -curb and a 3 ft. utility easement on each side of the street. Single- loaded local streets shall not have less than a 45 ft. right -of -way with a 3 ft. utility easement and 36 ft. curb -to -curb. 108. No residential lot shall front and access shall be restricted on Hillside Drive and so noted on the final map. 109. 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. Page Forty -Three — City Council Minutes — May 11, 2004 110. Upon demonstration to the City that an adjacent property owner is unable to gain reasonable access to an adjacent parcel (considering available option along the. entire boundary of the parcel), City shall inform applicant and applicant agrees to take proactive measures to establish adequate access to accommodate the adjacent parcel. Alternatively, the City may require that Applicant offer an easement for necessary ingress and egress solely to address the needs of the adjacent parcel. The conveyance of any easement pursuant to this condition shall not conflict with designated uses of property including any and all conservation, open space or mitigation use of property. 111. Applicant shall provide access to adjacent properties needing access through this development by public right -of -way or access easement based on a reasonable accessibility determination to the satisfaction of the City. 112. If right -of -way is abandoned as part of this development, then adjacent property affected by the abandonments must still have access to public maintained right -of -way. 113. The final map shall show the abandonment of dedications of public right -of- way or easements by appropriate certifications on the map. 114. Applicant shall record CC &R's for the tract prohibiting on- street storage of boats, motorhomes, trailer, and trucks over one -ton capacity, roof mounted or front yard microwave satellite antennas. The CC & R's shall be approved by the Community Development Director prior to recordation of final map. 115. Applicant shall cause to be recorded a CC &R's with recordation of final map which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of all lots subject to the approval of the Director of Community Development and the City Attorney. The CC& R's shall enforce standards of building maintenance, participation in landscape maintenance, prohibition of outside vehicle or material storage. Page Forty -Four — City Council Minutes — May 11, 2004 116. Applicant shall provide a homeowner's association with CC &R's for maintenance of the open space. 117. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way will be owned and maintained by either a home owner's association or private property owner. 118. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 119. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigate drainage impacts by payment of a Drainage Mitigation fee. Per recommendations of the Master Drainage Plan developed by RCFCD for the West End, the developer shall deposit $4000 per acre. If a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee, a partial refund will be returned. 120. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. Page Forty -Five — City Council Minutes — May 11, 2004 121. Applicant shall provide funding for the re- appropriation calculations of the assessment due to the increase in lots in the assessment district. 122. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. APPEAL 22. Appeal of Planning Commission Approval of Conditional Use Permit (CUP) No. 2003 -13 on April 20, 2004 (Second Appeal). Appellant: Cyril J. Dantchev, Alhadeff & Solar, LLP (Representing Dino Foutris of Dou lag s Burger). Community Development Director Brady explained this appeal of the Planning Commission decision and noted that the project would also be before the Council for design review this evening. He advised that the 4,700 square foot building as proposed has a drive -thru as part of the restaurant, which would be located at Dexter and Highway 74. He advised that the Planning Commission heard this project on April 20th following prior consideration and an appeal last fall. He indicated that the Planning Commission had reconsidered the matter and made some adjustments to move the driveway for traffic concerns; and reapproved the design review and the conditional use permit. He noted that the appeal was regarding the drive -thru portion of the restaurant. He commented that he understood that the applicant had requested continuance of the item, and offered to answer questions. Page Forty -Six — City Council Minutes — May 11, 2004 City Manager Watenpaugh inquired if the letters from the applicant had been distributed to Council. City Attorney Leibold confirmed that the letter had been provided to the Council, requesting continuance. The Appellant noted that the first request was for continuance and they had spoken with the City Attorney, as they were notified by regular mail, received yesterday. He commented that they were not allowed to get a tape of the hearing until after the minutes are approved. He indicated that he understood it was a burden to pull the information together, but noted that it was a bit of a surprise, and in checking the exhibits he did not believe they received the final conditions of approval. He noted that he represented a number of larger development companies in the City who were working to provide a CFD for Camino del Norte, and the area of this project was going to be a critical intersection for the City due to the large box users. He indicated that notice was given to Caltrans, but no information had been received in response. He suggested that it was not fair for them or the engineer to deal with incomplete exhibits. He indicated that they had requested a continuance to meet with the engineer and allow them to bring exhibits to explain the property. He reiterated his request for continuance to prepare ,materials. He stressed that it was important that everyone have all of the information before making the decision. He indicated that he did not think the City Attorney would disagree with a two week continuance to provide complete information. Maureen Muranaka, representing Tom's Restaurant, indicated that she was available to answer questions, but wished to respond to the request for continuance. She commented that the original application was filed in July, 2003 and heard in October; it was then heard on appeal in December and the Mitigated Negative Declaration was prepared toward the end of March. She indicated that they had been very patient with the delays on the matter and requested that the Council deny the request for continuance. Jim Bickel, architect for Tom's Restaurant, reiterated that the applications were made last summer, and emphasized that thev worked very closelv with _. Page Forty -Seven — City Council Minutes — May 11, 2004 the Planning and Engineering staff to address any issues. He explained that they moved the entry sixty feet to the south to show cooperation with the City, and planned the site so it still works well. He indicated they originally brought the site plan with an outdoor patio area, but it was eliminated at the request of staff to allow for additional landscape on the street site. He indicated that they were willing to do whatever they were directed to keep moving ahead smoothly, and offered to answer questions. Sam Alhadeff, Appellant, indicated that he was not prepared to address the substantive issues, and questioned the City Engineer on the changes with regard to the project. He noted that everyone was entitled to see it. City Engineer Seumalo noted that page 108 of 126 was an exhibit of the property in question under Item 31. He explained the delineation of the future right - of -way to meet the condition of approval, and noted the future alignment of Dexter Avenue. Mayor Buckley inquired if page 108 matched the larger plan, provided to the City Council. City Engineer Seumalo confirmed. Councilman Magee inquired if Mr. Alhadeff wanted to speak about the appeal. Mr. Alhadeff summarized the challenges, and indicated that he didn't believe the analysis was completed with regard to where the interchange would be. He indicated that there was no focused traffic study for this project. He commented that the mitigated negative declaration assumed circulation and CEQA analysis and construction of improvements. He indicated that on this property it was also a situation of trying to develop Camino, del Norte; and questioned if there was a requirement for a traffic study for Home Depot or Lowe's, as everything will culminate in this intersection very soon. He stressed that there was no focused traffic study with regard to this site, and requested clarification from the City Engineer. He indicated that he would like to know if Allen Avenue has been vacated or abandoned; and questioned the alignment of Crane Street and Dexter Avenue. He noted the site plan, and indicated that while the driveway was moved sixty feet, the turning radius and future expansion of Dexter Avenue were not addressed. He questioned the required median, and noted that the parking and landscaping had to be reconfigured with regard to the drive - thru. He expressed concern with the potential stacking issues at Dexter and Page Forty -Eight — City Council Minutes — May 11, 2004 Crane, and reiterated his questions on the distance and turning radiuses. He stressed the challenges and requested that the item be continued, so he could have the opportunity to meet with the City Engineer. Councilman Magee noted that Mr. Alhadeff was representing Douglas Burgers, but they have a drive -thru element as well. He inquired if Caltrans had commented on the project. Mr. Alhadeff clarified with the owner and indicated that they had comments on the drainage and the Park and Ride facility, but he was not sure if there was a "PSR" on that interchange. He noted that with regard to the Motel 6 on the other side of Central, there were questions regarding the freeway loop. Councilman Magee inquired if Douglas Burgers had been required to prepare a traffic study for their project. Mr. Alhadeff indicated that they were not required to prepare one when the facility was built in 1997. Councilman Magee stressed that this was a similar use. He questioned the vacation of Allen Street and Crane Street. City Engineer Seumalo indicated he understood that Allen Street had been vacated and Crane Street had not been vacated, but he could provide a more solid investigation. Councilman Magee questioned the alignment of Crane Street. City Engineer Seumalo indicated that it was somewhat unconventional, but it had not been addressed yet. Councilman Magee questioned the median requirements for the in -lieu fee, at this time, and clarified that no design was pending, but it was only a requirement for the frontage. City Engineer Seumalo confirmed. Councilman Magee noted an issue at the last meeting regarding the interchange configuration with respect to I -15 and Highway 74. City Engineer Seumalo indicated that staff was in conversation with Caltrans, and they are moving forward with a PSR, but there is currently no proposal on the configuration. He indicated that they had estimated outside the Caltrans options. Councilman Magee noted the outside options, and suggested that it would consider the potential realignment of Dexter Avenue, but questioned if there was still adequate parking and landscaping. City Engineer Seumalo confirmed. Page Forty -Nine — City Council Minutes — May 11, 2004 Councilman Schiffner asked the appellant if his only issue was the drive - thru. Mr. Alhadeff indicated that they had appealed the Conditional Use Permit and the Mitigated Negative Declaration, and suggested that the appeal related to CEQA issues. He questioned the completion of a stacking study and the use of the word unconventional. City Engineer Seumalo indicated that with respect to the alignment, the project was unconventional, vs. the traditional alignment with roads perpendicular to each other. He indicated that he was not aware of a stacking distance study. Councilman Schiffner indicated that he was not sure where the stacking problem occurred. City Engineer Seumalo clarified the locations of concern. Councilman Schiffner commented that as far as the future of what happens on the freeway, from the report presented, he had a sense that the only thing the Council had a right to decide on was the Conditional Use Permit. He indicated that he felt the applicant had complied to make that possible. He noted the potential for legal problems, but indicated that he did not see it as a Council issue. He indicated that if the Council failed to approve the project with proper conditions, the City could be the defendant. He commented that he had no idea what the other Councilmembers were feeling, but he was in favor of approving the plan as it was; and did not think any more information could be shown that would affect his vote on the item. He indicated that he was in favor of approving the project. Councilman Hickman inquired if Crane Street was only an entrance and exit for the parking lot, noting that it would have to end because it could not go much farther. Staff confirmed. Mayor Pro Tem Kelley noted the history of the project and indicated that the applicant had been very patient. She stressed that the issues in question went back to the Planning Commission; they moved the driveway and the traffic questions were handled. She indicated that she could not see a reason to deny the project, and suggested upholding the decision of the Planning Commission. Page Fifty — City Council Minutes — May 11, 2004 Mayor Buckley inquired if doing the appeal first would vest the right to the drive -thru in the final review process. City Attorney Leibold indicated that if the Council was addressing the appeal on the CUP, denying the appeal provided a permitted drive -thru by issuance of a conditional use permit. She commented that she was going to suggest that all of the material were part of the record as part of Item 31. She suggested that perhaps the Council could hear the items together and review the Mitigated Negative Declaration, and act on both items. Mayor Buckley questioned if the appeal was granted, what would happen to Item 31. City Attorney Leibold indicated that the Council would consider everything except the drive -thru. Mayor Buckley questioned what would happen if the continuance was granted. City Attorney Leibold indicated that if the continuance was granted, the design review depends on the approval of the drive -thru, so if the conditional use permit is denied the design would need to be reworked. She indicated that they would need to go together. Mayor Buckley noted that a letter stating that Caltrans comments were not provided, and indicated that the staff report confirmed that no Caltrans comments had been received; and noted that there were only comments from the appellant attorney. He questioned when personal contact had been made with Caltrans. Community Development Director Brady indicated that he was not sure of the date. Councilman Schiffner commented that this discussion was outside the consideration of this agenda item. Mayor Buckley indicated with regard to continuance of the appeal, it had been discussed several times, that information needs to be provided in a timely manner; and to be told on Monday that the appeal is Tuesday, is poor form. He questioned if it could go two more weeks. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO DENY THE APPEAL. Mayor Pro Tem Kelley asked the City Attorney if she would prefer that they address the two items together. City Attorney Leibold concurred that the materials with regard to the Planning Commission items were in the staff report for Item 31. Mayor Buckley questioned if the applicant was -- — Page Fifty -One – City Council Minutes – May 11, 2004 provided Item 31. The appellant indicated that they were not provided with Item 31. Mayor Buckley suggested that Item 31 had a definite bearing on the appeal. City Attorney Leibold requested a five minute recess. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:50 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:00 P.M. Mayor Buckley questioned a decision with regard to continuance first. City Attorney Leibold explained that the letter requesting the appeal, clearly .� related to the conditional use permit. She requested that the motion and second be withdrawn for the moment to consider if the Council was willing to continue the appeal. She indicated if the Council was willing to consider the appeal, they could move on to Item 31 for action on the mitigated negative declaration. She further indicated that if the Council was willing to act on the mitigated negative declaration, then it would be appropriate to act on the consideration of the conditional use permit; and then move on to design review. She noted that if the decision was to continue Item 22, then they should also continue Item 31. THE STANDING MOTION AND SECOND WERE WITHDRAWN. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO DENY THE REQUEST TO CONTINUE AND MOVE FORWARD. Mayor Buckley requested an outline of how the appellant was notified in the last week or so. Mr. Alhadeff indicated that he was notified yesterday by ordinary mail, and he was still not sure he had all of the documents or the verbal changes to the conditions. He indicated that he had called the City last week, but was only notified yesterday by mail. Mayor Buckley inquired what he was told about the timing of the appeal. Mr. Alhadeff Page Fifty -Two — City Council Minutes — May 11, 2004 indicated that when they checked the website it was not on, but that may have been their mistake; so their first notice was by ordinary mail yesterday. Councilman Hickman inquired if Mr. Alhadeff attended the Planning Commission meeting when the project was discussed and a decision was made. Mr. Alhadeff confirmed. City Attorney Leibold clarified that the grounds for the appeal was the decision. Mr. Alhadeff stressed that he had no information until yesterday, and he was still not sure he had everything. Councilman Magee noted the action on April 20'', followed by the filing of the appeal on the 29th; after which staff scheduled for the next available City Council meeting. Councilman Schiffner commented that he had great sympathy for the situation and how this had happened, but he felt he had enough information to make his decision. THE FOREGOING MOTION TO REJECT THE REQUEST FOR CONTINUANCE CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. City Attorney Leibold suggested blending Items 22 and 31, and consider the Mitigated Negative Declaration first. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO COMBINE ITEMS 22 AND 31. 22. Appeal of Planning Commission Approval of Conditional Use Permit (CUP) No. 2003 -13 on April 20, 2004 (Second Appeal). Appellant: Cyril J. Dantchev, Alhadeff & Solar, LLP (Representing Dino Foutris of Douglas Burger). 31. Mitigated Negative Declaration No. 2003 -05 and Design Review of Commercial Project No. 2003 -05, Tom's Restaurant (APN 377 - 030 -017). Mayor Buckley noted that he had three requests to speak under Item 31, and deferred to those comments. Page Fifty -Three — City Council Minutes — May 11, 2004 Jim Bickel made no comments. Cyril Dantchev, representing Dino Foutris, owner of Douglas Burgers, noted that this item was returned to staff for further discussion, but still did not address some of the issues at stake. He indicated that it did not address traffic impacts, but the project was changing the area to a heavily urbanized area. He indicated that it assumed that all improvements were in place, which was not the case. He also indicated that the projects right now, would make a focused traffic study reasonable, and stressed the cumulative traffic impacts. He suggested that looking at the 2025 build -out was not a practical approach, and noted that the only real mediation was a $16,000 fee for traffic. He suggested that shifting the driveway would not change the traffic issues. H e noted an existing easement across from the project and stressed that there had been no study of traffic impacts. Mayor Buckley indicated that he wanted to be sure that what happened at Railroad Canyon and I -15, did not occur at Central and 1 -15. He stressed that he did not want to build buildings that might have to be bought and knocked down to allow for the interchange. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE MITIGATED NEGATIVE DECLARATION NO. 2003-05, AND ADOPT RESOLUTION NO. 2004-38, BASED ON THE FOLLOWING FINDINGS. Councilman Hickman questioned if there were Caltrans plans showing how this location would be impacted. Community Development Director Brady indicated that there were no specific plans at this point. He clarified that it would be the same process as that for Railroad Canyon. Councilman Hickman suggested that if there were improvements, they would probably take the Chevron and Douglas Burgers. Councilman Schiffner questioned the current discussion with Caltrans and suggested those plans under consideration would not be on this property. Community Development Director Brady indicated that they had looked at a number of configurations. Page Fifty -Four — City Council Minutes — May 11, 2004 Councilman Magee questioned the best way to vote on the merged items. City Attorney Leibold suggested voting first on the Mitigated Negative Declaration, then the Conditional Use Permit and finally the Design Review. Mayor Buckley commented that a traffic study was warranted in this case. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. Findings Mitigated Negative Declaration No. 2003 -05 1. Given that project impacts have been identified as Less Than Significant Impacts with Mitigation Incorporation, cumulative impacts are not foreseen. Pursuant to the evidence received in the light of the whole record presented to staff, the project will not have cumulative impacts on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 2. The proposed project does not have the potential to cause substantial adversely effects on human beings, either directly or indirectly with mitigation measures. Pursuant to the evidence received in light of the whole record presented to staff, the project will not result in a significant impact on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. 3. Prior to approving the project, the City Council has considered the proposal and any comments received during the public review process. The City Council shall approve and adopt the proposed Mitigated Negative Declaration bases on the whole record before it (including the initial study, comments received and -- Page Fifty -Five — City Council Minutes — May 11, 2004 Mitigation Monitoring Plan), that there is not substantial evidence the project will have a-significant effect on the environment and the Mitigated Negative Declaration reflects the City Council's independent judgment and analysis. 4. The documents and other materials, which constitute the record of proceedings upon which the Planning Commission's decision to recommend adoption of the Mitigated Negative Declaration to City Council, and the City's Council's decision to uphold the Planning Commission's recommendation, are on file with the City Clerk of the City of Lake Elsinore at 130 South Main Street. Design Review — Commercial Project No. 2003 -05 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. The proposed commercial project located at Dexter Avenue and Crane Street, APN 377 - 030 -071, complies with the goals and objectives of the General Plan, in that the approval of this commercial project will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diversify Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed commercial project located at Dexter Avenue and Crane Street, APN 377 - 030 -071 is appropriate to the site and surrounding developments. The commercial project has been designed in consideration of the size and shape of the property, and will equal or exceed the existing architectural design of neighboring properties. 3. Subject to the attached Conditions of Approval and Mitigated Monitoring Program, the proposed project is not anticipated to result in any significant adverse environmental impacts. Page Fifty -Six — City Council Minutes — May 11, 2004 Pursuant Section 15070, Decision to Prepare a Negative or Mitigated Negative Declaration of the California Environmental Quality Act (CEQA), the proposed commercial project located at Dexter Avenue and Crane Street, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment. 4. 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 ensure development of the property in accordance with the objectives of this Section and the zoning district in which the site is located. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed commercial project located at Dexter Avenue and Crane Street, APN 377 - 030 -071, has been recommended for approval by the Planning Commission to City Council with specific conditions of approval. CONDITIONS OF APPROVAL FOR DESIGN REVIEW FOR COMMERCIAL PROJECT NO. C 2003 -05 AND CONDITIONAL USE PERMIT NO. 2003-13 PLANNING DIVISION 1. Design Review approval for Commercial Project No. C 2003 -05 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 Page Fifty -Seven — City Council Minutes — May 11, 2004 Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. Any revisions to the interior floor plans that could cause the requirement for additional parking shall be subject to the review and approval of the Community Development Director or designee. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property, public streets, or Interstate 15 Any material covering the roof equipment shall match the primary wall color. 6. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 7. All loading zones shall be clearly marked with yellow striping and shall comply with the requirements of the LEMC. 8. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 9. The applicant shall construct a 6 foot wrought iron fence with pilasters along the northwest and southwestern boundaries. Page Fifty -Eight — City Council Minutes — May 11, 2004 10.Trash enclosures shall be constructed per City standards as approved by the Community Development Director. A minimum of a 5' landscaped planter is required on each side of the trash enclosure. 11.No exterior roof ladders shall be permitted. 12.Applicant shall use roofing materials with Class "A" fire rating. 13.All exterior downspouts shall be painted to match with building exterior color. 14.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond, submit a site plan and processed through the Planning Division. 15.Materials and colors depicted on the plans and materials board shall be used unless modified by the applicant and approved by the Community -- Development Director or designee. 16.0n -site surface drainage shall not cross sidewalks. 17.Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 18.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Landscape Architectural Consultant and Planning Division. PRIOR TO B UILDING /GRADING PERMITS 19.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. Page Fifty -Nine — City Council Minutes — May 11, 2004 20.All signs require review and approval by the Planning and Building and Safety Divisions prior to installation. A Sign Program will be required if a Freeway Sign is proposed. All Sign Programs require review and approval by the Planning Commission prior to obtaining sign permits. 21.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six -inch (6 ") high and six -inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. Page Sixty — City Council Minutes — May 11, 2004 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. 22.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. 23.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page Sixty -One — City Council Minutes — May 11, 2004 25.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION 26.All 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. 27.Dedicate sufficient right -of -way along the frontage of Dexter Ave. to provide for a future 100 ft. wide street (50 ft. half - section) with a 1600 ft. radius to the City prior to issuance of building permit. 28.Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 29.Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $15,815 and the drainage fee is $7,885 (Third St. distr.) This project shall also be subject to TUMF Fees in the event a building permit is not pulled before July 1, 2004. 30.The northeasterly driveway on Dexter Ave. shall be relocated to Crane Street and only one driveway will be allowed on Dexter Avenue. 31. 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. 32.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). Page Sixty -Two — City Council Minutes — May 11, 2004 33.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). 34.The applicant shall furnish a traffic signing and striping plan for Dexter Ave. and Crane Street, subject to the approval of the City Engineer. 35.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. 36.The applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 37.All 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. 38.The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 39.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 40.Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to protection of stormwater quality and met the goals -- Page Sixty -Three — City Council Minutes — May 11, 2004 of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 41.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 42.Provide fire protection facilities as required in writing by Riverside County Fire. 43.0n -site drainage shall be conveyed to Dexter Ave. or Crane St. or accepted by adjacent property owners (Caltrans) by a letter of drainage acceptance or conveyed to a drainage easement. 44.All 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. 45.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. 46.Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for cleaning, building maintenance, landscaping and irrigation. 47.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. Page Sixty -Four — City Council Minutes — May 11, 2004 48.Dedicate full V2 width and construct V2 width improvements of Crane Street. (Revised at the April 20, 2004 Planning Commission Meeting) 49.Contribute cash in lieu fee for roadway median on Dexter Avenue for full frontage length of project. (Revised at the April 20, 2004 Planning Commission Meeting) 50-The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City , its 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 Commercial Project no. 2003 -05 and Conditional Use Permit No. 2003 -05, which action is brought 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, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. (Revised at the April 20, 2004 Planning Commission Meeting) MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSTAINING TO DENIAL THE APPEAL, AND UPHOLD THE PLANNING COMMISSION APPROVAL. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 4 TO 0, WITH BUCKLEY ABSTAINING TO APPROVE THE DESIGN REVIEW OF COMMERCIAL PROJECT NO. 2003-05 BASED ON THE EXHIBITS AND FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. BUSINESS ITEMS 32. Memorandum Of Understanding Between The County Of Riverside And The City Of Lake Elsinore Concerning Implementation Of The Western Riverside County Multi- Species Habitat Conservation Plan And Page Sixty -Five — City Council Minutes — May 11, 2004 Reconsideration Of The Joint Exercise Of Powers Agreement Creating The Western Riverside County Regional Conservation Authority City Attorney Leibold reviewed the Council's prior consideration of the MSHCP; and noted that discussions had been ongoing with the County of Riverside. She indicated that all of the other cities and the County had now approved the MSHCP and the RCA was now acting, with the City of Lake Elsinore being denied a voting position, due to the refusal to approve the originally proposed agreement. She explained that a Memorandum of Understanding had been prepared between the City and the County to provide assurances to the City and establish the County obligations for specific language changes and policies. She noted that the key issues were acquisition of property, reporting requirements and expenditures of fees. She further noted that the City would retain the right to withdraw from the MSHCP and JPA consistent with the Implementing Agreement, so long as the City complies with the procedural requirements; after which the County would release the City from liability. She commented that a future withdrawal would be an action in good faith. She noted that a map would be attached to identify the areas the County will support for future annexations, if supported by the City and the majority of impacted residents. She indicated that the County had requested one modification of the map for the area, known as the Chen property or Laguna Heights. She suggested that with the elimination of that property, she was prepared to request consideration of the MOU, and noted that if approved the County has represented that it will consider the MOU on May 18th. She indicated that they had also requested consideration of the JPA as originally proposed by the County and executed by other agencies, and authorize the Mayor to execute it, if the County approves the MOU. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE THE PROPOSED MOU AND AUTHORIZE THE MAYOR TO EXECUTE IT ON BEHALF OF THE CITY; AND IN RELIANCE ON THE COUNTY'S AGREEMENTS SET FORTH IN THE MOU, AND UPON EXECUTION BY THE COUNTY, APPROVE THE JPA AND AUTHORIZE THE MAYOR TO Page Sixty -Six — City Council Minutes — May 11, 2004 EXECUTE ON BEHALF OF THE CITY WITH THE UNDERSTANDING THAT THE CITY'S CONCERNS REGARDING MSHCP AND ITS IMPLEMENTATION HAVE NOT BEEN ADEQUATELY ADDRESSED AND THAT THE CITY WILL CONTINUE TO ADVOCATE MODIFICATIONS AS IT DEEMS NECESSARY AND APPROPRIATE. Mayor Buckley inquired if the JPA required an Ordinance. City Attorney Leibold' indicated that a minute order was adequate. Mayor Pro Tem Kelley noted that she would be voting no to be in balance with original decisions, as she does not support the MSHCP. City Attorney Leibold clarified the motion to be the approval of the MOU, and authorization for the Mayor to sign the MOU; and approval of the JPA with the authorization for the Mayor to sign only if the executed MOU is received from the County. Mayor Buckley further clarified that the MOU was with the minor modifications and elimination of the Laguna Heights Annexation area. City Attorney Leibold inquired if it was approved and executed by the Council, if they would authorize the Mayor to execute the implementing agreement. THE MOTION AND THE SECOND CONCURRED WITH AUTHORIZATION FOR THE MAYOR TO EXECUTE THE IMPLEMENTING AGREEMENT, AND THE MOTION WAS AMENDED. THE FOREGOING MOTION AS AMENDED WAS CARRIED BY A VOTE OF 4 TO 1 WITH KELLEY CASTING THE DISSENTING VOTE. ITEMS PULLED FROM THE CONSENT CALENDAR 3. CR & R Annual Consumer Price Index Increase. Page Sixty -Seven — City Council Minutes — May 11, 2004 Mayor Buckley indicated that he had pulled this item from the Consent Calendar so everyone could be aware of the change. He noted that the typical house would now be paying $33 per month more for their garbage collection; and advised that this was a 1.8% increase. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CPI INCREASE AND THE APPLICATION OF NEW RATES FOR REFUSE PICK -UP, RECYCLING AND DISPOSAL TO TAKE EFFECT ON JULY 19 2004. 6. Approval of Final Map 28751 - Water's Edge - Pulte Home Corporation. City Manager Watenpaugh noted that this item was before the Council at the last meeting, and Council asked staff to meet with the Tuscany Hills residents one more time. He indicated that the bullet points from the meeting were included in the staff report. He pointed out that one individual was not happy with the short notice for the meeting. He advised that most of the discussion centered on design review and the elevation of the homes, which was part of the design review process. He indicated that the residents would be notified of that hearing. He advised that at both ends of the tract, there were concerns with the elevation of the street, and hopes that there would not be a block wall in place of the views. He noted that wrought iron fencing was suggested to preserve the views. Dave Evars, 44 Villa Milano, indicated that he had followed the project for many years, noting it started with Lusk Homes making concessions to lower some of the lots and agreeing to only single story homes. He noted that he had a plot map approved about five years ago by the Planning Commission, but at the time he was not aware of the 15 to 20 foot drop, specifically at the corner of Villa Roma and Villa Milano, which overlooks Canyon Lake. He indicated that he was the person who complained about the meeting, and noted that the notice was mailed on the 29th for a meeting on May 3rd. He indicated that he went to the meeting optimistic, as the main issue was the view fence, the single story homes and some consideration for Page Sixty -Eight — City Council Minutes — May 11, 2004 the road; but was told that the plot map was already approved. He suggested that more notice would have allowed more people to be present for input. He stressed that this had been going on for quite a few years, and the Lusk sold to Brehm. He noted his contacts with the City and the developer and indicated that no one responded. He requested that the issue be resolved and invited any Councilmember to come to their house to see the problem. Ron Hewison, 35 Villa Valtelena, indicated that the Evars were the most impacted, but Villa Valtelena was also impacted. He commented that he bought his home with a hill behind them five years ago, but he picked up a plan with the elevation behind them to be reduced. He indicated that he worked with the other residents to improve the overall Lusk plan. He noted that some houses had no house behind them, but his was raised. He explained that Lusk wanted an easement on their land, which they resisted; so they were told it could not be done. He noted that Brehm had taken the -- elevation behind them from 1547' down to 1537'. He indicated when they did not get the easement; they created a plan that did not involve his property. He noted that Pulte representatives were not present on May 3rd, but he spoke with them on Friday and most of the answers were design review issues. He indicated that most of the residents viewed the meeting as an opportunity to have input on where single family homes would go, but everyone left the meeting with the hope that single story homes were the answer. He advised that the Pulte representative had indicated that all three of their models were two stories. He indicated that this information completely changed what they had believed for five years. He stressed that the process had been frustrating, but noted that of 133 lots; only about five to eight were a problem. He stressed that they did not have a blanket objection to the project, but believed that single story homes were the solution, but that solution had been removed. He indicated that they needed Pulte to try and understand the situation from their perspective. He requested another short term extension. He stressed that this was the third builder with whom they had not been able to sit down and talk; and reiterated that he received new information on Friday. Page Sixty -Nine — City Council Minutes — May 11, 2004 City Attorney Leibold clarified that the action for the final map is ministerial, and it was required to be approved if it was in substantial conformance with the tentative map. She stressed that both the Government Code and the City Code required action, and there was no legal authority to continue the item beyond this evening. She explained that if it was not in substantial conformance, they would need to deny the application. She indicated that with regard to one or two stories, that was part of the design review process. She indicated that there would be ample opportunity to discuss the matter. She explained that the map spoke to lot sizes and right -of -way. Tom Houska, Pulte representative, indicated that this map had been around for many years and previous owners. He noted that they bought the map a few months ago, and it had an approved tentative map, approved infrastructure plans and revised grading plans. He indicated that City staff had worked to help with plans and they had lowered the plans to be below the other homes. He stressed that they do not sell products that guaranteed views, and noted that no builder could promise that. He commented that they would work to the best of their ability to satisfy the area, and had set goals to do so. He indicated that they would work with City staff and the community to make the project the best that it can be, and keep it consistent with the guidelines. Mayor Buckley questioned the one story houses. Mr. Houska indicated that they would not have one story houses, and clarified that they were not conditioned by the tentative map for single story homes. Mayor Buckley commented that it was not a condition, but would be the act of a good neighbor. Mayor Buckley questioned how many existing houses would be impacted, noting that the cross section of roadway, showed it about 30 feet below the people on the other roadway. He stressed that it was a substantial slope. He noted that the plan was revised and approved a couple of months ago, and that eliminated the views toward Canyon Lake, by lowering the road. Mayor Buckley inquired if they could avoid ._._ interference with the existing homes. Mr. Houska indicated that he could not say it wouldn't impact any views, but noted that Mr. Evar was probably Page Seventy — City Council Minutes — May 11, 2004 the most impacted. He noted that one lot had been eliminated to allow for the tot lot, which was a concession to eliminate a problem. Councilman Magee indicated that he heard from the applicant that there was a revised and approved roadway plan. He asked staff if the plan took into consideration the concerns of Mr. Evars. City Engineer Seumalo indicated that he met on site, and believed that Mr. Houska indicated that the road had been the same since he was here. He commented that from an engineering standpoint, he was not aware of anything that could be done to correct it. Councilman Magee questioned the revised grading plan, noting that he heard that they don't intend to produce any single story homes, and noted that two story homes were in the area of 20 to 27 feet high. City Engineer Seumalo indicated that they used 30 feet as a project number. Councilman Magee suggested given the sensitivity of the neighborhood it might be appropriate to request a line of sight analysis, so everyone is clear on what the views will be, so when it comes to the Planning Commission, they will have everything to make that decision. He further suggested rethinking the building opportunities. City Engineer Seumalo indicated that Mr. Houska was correct that there was a cross section with elevations. Councilman Magee suggested the provision of a sight analysis at design review. Councilman Schiffner inquired about the corner around the tot lot, with the vehicle headlight problem, and asked if there was in fact no change from the very beginning, but it was not noticed. City Engineer Seumalo indicated that he believed that to be correct. Councilman Schiffner indicated that he did not know what could be done about it, as nothing would help much. He indicated that he was very sorry about the situation, but possibly a wall could be placed to reduce or eliminate the problem. He commented that with regard to the view, many of the people were told by the sales people that there would never be a change to the view, but clarified that could not be enforce. He stressed that the City had worked diligently and held many meetings to try to resolve the problems. He questioned if there was an option in the design review to require single story homes. Community -- Page Seventy -One — City Council Minutes — May 11, 2004 Development Director Brady indicated that it could be strongly encouraged, when the design review goes to the Planning Commission. Councilman Schiffner questioned if it could be mandated. Mr. Brady indicated that he did not believe so. Councilman Schiffner commented that the Council was in a box, and could only strongly recommend a single story; and it could not deny the map if it was in conformance with the tentative map. He noted that all they could do was hope the Planning Department would make every effort to eliminate the problem. He indicated that he saw no alternative, other than to approve the map. Councilman Magee addressed the single story issue, and commented that the Planning Commission had the ability to approve, deny or conditionally approve projects. He further commented that if they are unhappy with the decision, both parties can appeal to the City Council for action. Councilman Schiffner commented that if the option was to mandate single story homes in some locations, he would be willing to do so. City Attorney Leibold indicated that she would need to look into that ability. Councilman Schiffner reiterated that if it was an option, he would be in favor of using it. Councilman Hickman commented that if he remembered correctly, Councilwoman Brinley made a big deal of all houses being below the pad level. City Manager Watenpaugh concurred that issue was referenced earlier, when the carrot was dangled that if they all agreed to easements, the properties would be lowered. He noted that was a promise by Lusk Homes. Councilman Hickman asked Mr. Hewison for suggestions on Council's action. Mr. Hewison indicated in reality they were at 1525', but had gone to 1547', without the easement which would have put it at 1537'. He indicated that work could be done to encourage single story homes, and stressed the particular importance of the line of sight. He noted that this was the only two sided street in the development. Councilman Hickman commented that he was hearing Pulte say there would be no changes on the grading issue. Community Development Director Brady confirmed. Page Seventy -Two — City Council Minutes — May 11, 2004 Mayor Pro Tem Kelley noted that the spokesman was willing to work with the homeowners in the next step, but right now they were in conformance. She stressed that there was no alternative but to approve the map. She commented that this had been a long process with a lot of meetings, but she was going to support the map and encourage Pulte to work with the homeowners and staff, as much as possible, and be sensitive to the problems. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE FINAL MAP SUBJECT TO THE CITY ENGINEER'S ACCEPTANCE; ACCEPT ALL DEDICATIONS AT THE TIME OF RECORDATION AND AUTHORIZE RECORDATION. Councilman Magee requested that staff include comments from this meeting in any staff report for design review, so they clearly knew where they stood on this matter. THE MOTION WAS AMENDED WITH CONSENT OF THE SECOND TO REQUIRE THAT THE COMMENTS FROM THIS MEETING BE INCLUDED IN ANY FUTURE STAFF REPORT FOR DESIGN REVIEW. Mayor Buckley reiterated that the City does not have a view shed ordinance, but should have one. He encouraged Pulte Homes to work with the residents. THE FOREGOING MOTION AS AMENDED CARRIED BY A VOTE OF 4 TO 0 WITH MAGEE ABSTAINING. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:01 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 10:03 P.M. Page Seventy -Three — City Council Minutes — May 11, 2004 PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Jill Wojcik was not present for comment. Paula Graver, 218 Ellis, read a poem regarding those who served in the Vietnam War for Jill Wojcik. She then noted the introduction of John Collins at the last meeting. She addressed the anti -war rallies, and indicated that they were demoralizing the troops and stressed the need for troop support to continue. She noted that her son was currently serving in Baghdad and the City's resolution had been passed around Baghdad and was greatly appreciated. She expressed disappointment with the treatment of Iraqi prisoners, but stressed the reasons they were prisoners. She suggested that the humiliation they suffered at the hands of a few "idiots" was nothing compared to the treatment of Americans. She expressed anger with the pictures being shown repeatedly, while the United States only saw images of the tortured Americans a few times. She stressed that one American was beheaded with five slices to his throat. She suggested that there should be a different level of understanding of what the troops did. She announced that Armed Forces Day was this Saturday and encouraged participation in the Support the Troops rally. She also noted the Safety Expo at the Outlet Center and indicated she would be there prior to the regular spot. She announced a silent auction to be held at the Safety Expo. Edith Stafford, 29700 Hursh, expressed concern with the need for an update on the safety of the Lake to prevent future drownings, and on the status of an Aquatic Safety Report. She also expressed concern regarding the Highway 74 projects planned to be developed. She expressed hopes that there would be strong focused insight into those projects to prevent the problem happening at Walmart. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Expressed thanks to Chief Walsh noting that he was a team player, who would be greatly missed. Page Seventy -Four — City Council Minutes — May 11, 2004 2) Congratulated Chief Fetherolf, and indicated that it was wonderful to have someone who knows the Police operations and the community. 3) Announced that the Study Session previously scheduled for this Thursday would not be happening. 4) Announced that the first Public Safety Advisory Commission Meeting would be held on May 12th at the Cultural Center, for orientation. 5) Indicated that he needed help from the Council for scheduling of study sessions. After significant discussion, it was decided that the following study session would be held: June 7th — LESJWA June 10th — Laing Homes -- June 17th — Husing Report & Economic Development June 24th — LEAPS Councilman Magee commented that regardless of the date for Laing Homes, he would want the information well in advance of the meeting, and noted his frustrations at the last meeting. He indicated that he would want as much material as early as possible. City Manager Watenpaugh inquired if he had reviewed the materials provided. Councilman Schiffner noted that there was very little change. City Attorney Leibold confirmed that the only additional information was modifications to some of the material on traffic mitigation, which she understood was now available. She indicated that she could prepare a package. Mayor Buckley reiterated the meeting dates and requested Council concurrence. Council agreed to the dates as proposed. Page Seventy -Five — City Council Minutes — May 11, 2004 CITY ATTORNEY COMMENTS City Attorney Leibold commented that Police Chief Walsh would be greatly missed. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS City Treasurer Weber had no comments. Mayor Pro Tem Kelley congratulated and welcomed Chief Fetherolf, but noted that Chief Walsh would be missed. Councilman Hickman commented on the following: 1) Announced that HOPE and the Post Office collected nearly 8,000 lbs. of food. He thanked the participants. 2) Thanked the NAACP for their Scholarship event. 3) Noted the Police & Fire Baseball game 4) Noted that the Butterfly release was an education and he enjoyed the Garden Tour. 5) Noted that senior citizens may have received letters regarding a rebate of home taxes or rent, and indicated that the $36 service in that letter could be received for free from the Senior Center. Councilman Schiffner had no comments. Page Seventy -Six — City Council Minutes — May 11, 2004 Councilman Magee commented on the following: 1) Noted that a letter was sent to the EVMWD General Manager in March, requesting information on additional water in the Lake and questioned the status of the agreement. He requested a report. City Manager Watenpaugh indicated that he spoke with Mr. Young and his staff was working on a response. 2) Addressed a business in the industrial center which was said to be ancillary, noting he had brought the matter to staff on several occasions and was told that staff was looking into it. He indicated that the vendor had an outdoor fair in the parking lot, with a jolly jump, vendors, etc. and he no longer saw it as an ancillary use, but rather a primary function. He suggested that staff either issue citations or give a conditional use permit application to bring them into compliance. -- 3) Indicated that he had been in an around local government for 20 years and had heard a lot of things and seen a lot of things, but he had never heard an applicant say that staff took their decision to the decision makers too quickly. He commented that he had now seen it all. 4) Requested explanation of CEQA on the infill projects and exemptions. 5) Noted that the Council had adopted a new set of policies for the Treasurer; and one of which was an amendment for the City Treasurer to make comments. He requested that the Comment section be added to the next agenda. 6) Addressed Mrs. Stafford's comments and noted that staff was directed to get an estimate on the Lake Safety Study, so the work could be done in the new fiscal year budget on June 8th. He inquired if that process was underway. Lake & Aquatic Resources Director �*- Page Seventy -Seven — City Council Minutes — May 11, 2004 Kilroy indicated that staff was looking into a Lake Safety Assessment and collecting the information so additional funds could be requested. 7) Addressed the Highway 74 projects and indicated that great care would be given to traffic impacts, and noted that he sat in on a meeting with Caltrans, and staff was on top of the situation and was working well with Caltrans. Mayor Buckley commented on the following: 1) Thanked Chief Walsh for his service and welcomed Chief Fetherolf. He also thanked them both for being at the neighborhood meeting last night. 2) Noted that the Mayor's Prayer Breakfast went well, except his joke. 3) Noted that the NAACP presented six scholarships. 4) Indicated that the ABATE Rally was interesting. 5) Noted that the Butterfly Release didn't happen, but it was a nice event UWAW. 6) Noted that a number of people had received letters from John Laing homes about a week ago. He commented that it was continued to a date uncertain, following a study session, but the letter did not say that. He indicated that he was glad no one showed up to discuss the matter, considering it was not on the agenda and the information had not been released to the community. He noted that the letter mentioned $9 million to assist with Railroad Canyon Road. 7) Announced the following upcoming events: May 14th — Ticket to Ride May 15th — Women's Club Chili Cook -off Page Seventy -Eight — City Council Minutes — May 11, 2004 May 15th — Support the Troops Rally for Armed Forces Day May 22nd — Cruise Night ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:32 P.M. THOMAS B KLEY, MAYOR CITY OF AKE ELSINORE ATTEST: T ICKI SAD, C C, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, MAY 209 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 5:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Assistant City Attorney Mann, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Fire Division Chief Windsor, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. DISCUSSION ITEM 2004 -05 Fiscal Year Budget (F:30.1) _ Mayor Buckley noted that the Fire Department had a brief presentation. City Manager Watenpaugh noted that this was the third budget workshop for the City Council; and indicated that staff anticipated bringing the budget back for Page Two — City Council Study Session — May 20, 2004 consideration on June 8th, however it could come back to the second meeting in June. He indicated that staff had already removed the vehicle license fees and the reimbursement for booking fees and ERAF. He advised that based on the latest budget projections, staff was recommending a 6% reduction, while maintaining current staffing levels and increasing several areas. He explained that the proposal was for a 90% increase in fire and 12% increase in police, plus three planners and two engineers to keep up with the growth factors. He advised that the 6% reduction included some special events, which the Council might want to replace. He pointed out that the proposal was for a multi -year budget, and noted that it was a five year capital budget; and seven year revenue and expenditure projections were provided. He indicated that with the increases to the Fire Department, Fire Division Chief Windsor and Fire Chief Gallegos would be providing an overview of fire services. Division Chief Windsor noted that he was part of California Department of Forestry and Riverside County Fire Department. He explained the regionalized PUM fire protection and infrastructure needs. He noted the second fire station at McVicker park, and reminded the Council that construction was about to start on the third station on Railroad Canyon, and others were being discussed. He stressed that it was important to provide an understanding of how determinations were made for levels of service. He explained that the Fire Chief and the Department deal with Fires, Floods, Hazardous Materials and Weapons of Mass Destruction. He further explained that the department covers a large area, serving about 1.5 million residents. He noted that the County contract allows for a percentage of the indirect costs for local resources. He stressed that if the City had an event requiring additional fire engines, it would have them; and it would not cost the City an extra dime. He indicated that they were very happy to continue to long standing cooperative Fire Service Agreement. Division Chief Windsor detailed the 2003 incidents, the mission statement for the Riverside County Fire Department and the master planning process. He detailed the land use categories and categories into which the calls fell, noting that medical emergencies were the highest category of calls. He detailed the emergency medical service goals and stressed the importance of quick responses in light of the clinical and biological death time frames. He further detailed the fire protection Page Three — City Council Study Session — May 20, 2004 goals, and noted the damage vs. time matrix as it related to potential reductions in property damage. He explained that the fire suppression goals were based on the land uses, and indicated that the fire station and apparatus placement were part of the overall planning process. He advised that they used GIS programs to determine appropriate service areas. He detailed the overall map of the existing fire stations, noting that the current response time was seven minutes from the stations. He reiterated the coverage provided by outside stations, as part of the regionalized fire protection agency. He explained the need for the new Rosetta Canyon Fire Station, and noted the other proposed new stations. He stressed the department's responsibility to maintain the seven minute response times. He noted that the areas of the City which were currently not within the seven minute area were in the Lake, and parts of the North Peak project area. He indicated that with the new stations, the City was very well covered. He stressed that a benefit of regionalized protection was the sharing of indirect costs. Ron Bradley, representing Temecula Valley Bank, noted that a lady approached the bank about five years ago regarding a project in Lake Elsinore, which was submitted and,received approval with a building permit issued on the day her husband died. He indicated that the project had lagged for a while, but the applicant had been in contact with City officials and he had assisted in putting together a business plan and loan package for an assisted living facility in the City. He requested consideration of $150,000 of housing set -aside dollars, noting that this project would qualify under Redevelopment Agency law. He indicated that $150,000 was about 10% of the cost, and indicated that the applicant had just over $250,000 of her own money invested, with a pending loan application for nearly $1 million. He advised that the facility would be for people age 55 and over, in need of one of seven basic services. Al Jaskar, Inland Empire Small Business Development Corporation, indicated that they provided free consulting services and this applicant came seeking support about five years ago. He explained that it was the applicant's husband's dream to build an assisted care facility in Lake Elsinore. He noted that they met with staff and worked to develop a project and put together a business plan. He indicated that they worked on the financial aspects and helped to put together the necessary statements. He commented that this would be a facility for the elderly on Graham. Page Four — City Council Study Session — May 20, 2004 He offered his further support to help get the project complete. Mayor Buckley questioned the location on Graham. Mr. Jaskar indicated that it would be located at 138 E. Graham Street, adjacent to the mortuary. Tim Fleming, 17670 Lakeshore, indicated that he had two issues to address, the first being the paving of Wilson Way, off Lakeshore Drive. He indicated that they have been waiting since 1996, and were promised that it would be taken care of last year. He noted that it is an extreme dust hazard and the kids use the street to spin cars. He also addressed the in -lieu fees charged for new homes and extensive remodels. He indicated that he had heard the excuse that there was some question where the street right -of -ways were; but expressed disbelief that it was possible that this was not known in a City that was well over 100 years old. He commented that Country Club Heights might be different, but indicated that he would like an accounting of where the in -lieu fees had gone and why development was allowed without curbs, gutters, etc. Edith Stafford, 29700 Hursh, commented on Ellis Street and indicated that she couldn't believe how bad it was. She questioned who was contracted to maintain the streets, and suggested that no one was maintaining them. She suggested that someone take a survey of the streets, as even her street had potholes that were recently filled, but were back to the same situation. She stressed that someone should look at what was happening with the streets. Administrative Services Director Pressey commented that this meeting was the first look at the RDA and LLMD operating budgets, as well as an update on the General Fund Budget with the changes incorporated since the last study session. He indicated that this session would end with a review of the CIP Budget. He noted that with regard to the RDA operating budget, a handout was provided last week, and an additional summary was presented today. He detailed the unallocated revenues, available funding and the housing set aside fund. He addressed the request for $150,000 and indicated that he would look at the available funding, but he was not aware of any other projects being considered at this time. He explained the fiscal year 2003 -04 unallocated revenue page and reviewed the net income and anticipated deficit for the fiscal year. He noted that pursuant to the RDA Committee recommendation the excess from other projects areas was proposed to be used to pay back the housing fund and the City; and Page Five — City Council Study Session — May 20, 2004 indicated that 70% would be about $215,000 for the current year, with the remaining 30% to be paid to the General Fund toward the $9 million outstanding. He noted the recent discussion of interest payments, and commented that he was pleased with the 30% payback recommendation as it would go a long way to help resolve the debt. He stressed that the RDA was getting stronger and indicated that over time the revenues would increase. He detailed the available funds at June 30, 2004, and noted the future balances for June 30th 2005 and 2006; at which point the bottom line would be up to $4.7 million. He addressed the RDA summary for fiscal years 2003 -04, 2004 -05 and 2005 -06, and detailed the 70 -30 split factors for repayment. He stressed that overall the RDA was improving. He noted that the Project Area III assessed value had not yet taken off, but would with future development. � Councilman Hickman commented that this presentation was an interesting snapshot of the financial picture. Councilman Magee questioned the interest on account 910 and inquired if that was the 6% the City was charging the RDA. Administrative Services Director Pressey indicated that was the Project Area I Capital Project Fund and the interest being paid was what the City had accrued but not received in cash. He stressed that the City was still owed the cash. Councilman Magee commented that there was still interest owed, and noted that the amount was significant. Mr. Pressey confirmed that about $9 million was owed. Councilman Magee reiterated that he was not sure there was a benefit to charging interest. He addressed obligations /legal debt for Amber Ridge and Camelot. He questioned the payout for this year and each of the next two years, and inquired if it was for both projects. Mr. Pressey indicated that Camelot was paid off last year, so there was a significant drop this year. Councilman Magee inquired how much longer payments would be required. Mr. Pressey indicated that there were obligations until 2020. Mayor Buckley addressed the interest issue and noted it was like charging ourselves interest and administration fees. He addressed the summary of unallocated revenues and questioned how much the RDA ultimately had to spend. Mr. Pressey in that right now the summary sheet for 2004 -05 revenues showed $12.2 million, with expenditures of $10.8 million, for a balance of $1.3 million. Mayor Buckley surmised that there was about $500,000 to spend. Mr. Pressey confirmed and noted that the majority went into the housing fund and Page Six — City Council Study Session — May 20, 2004 Project Area II, with Project Areas I and III making up the shortfall, for a net of $500,000. City Treasurer Weber noted a drop in second quarter investment earnings; and commented that the workout was intended to increase interest instead of decreasing it. Administrative Services Director Pressey clarified that what was presented was a history vs. what was proposed. He clarified that historically it was decreasing because of a decline in the market and until the market turned around that would not change. City Treasurer Weber questioned if this was a matter of the financial markets or the housing markets. He noted the debt service principle retirement, and questioned if that was all that was being retired. Mr. Pressey explained that there were open bonds and the principle was a fixed rate with a fixed schedule. City Treasurer Weber indicated that as he understood the numbers $358 million would be paid on $58 million, and noted negative bracketed numbers which showed the bottom line all negative. Mr. Pressey explained the accounting standards requirement that advances be carried on the balance sheet, which varied _ from typical government accounting standards. He explained that this process was specific to RDA funds, with the bottom line intended to determine the health of the RDA and look at the current available resources. He clarified that the California Code on the RDA required the RDA to issue debt and pay it back over future years with tax increment. He explained that if the RDA did not issue debt, the funds would be withheld by the County. City Treasurer Weber noted the proceeds from the bonds and questioned if they were dispersed. Mr. Pressey indicated that the proceeds were part of the 1995 issuance, with the only other outstanding bonds being four issuances in 1999, with proceeds of $4.5 million. City Treasurer Weber questioned the proceeds from bonds on page 2. Mr. Pressey clarified that those were the proceeds of all debt other than advances, and noted that small loans were made in the past, so there was a difference in the numbers. City Treasurer Weber questioned "incremental property taxes ", and if this was because they were built on; and questioned the possible future amount at build out. Mr. Pressey indicated that he did not recall at this time, but it would continue to increase. City Treasurer Weber noted the Rancho Laguna earnings revenue, and suggested that it would increase substantially via the workout that was just done. Mr. Pressey commented that right now it was under water, but it might be helpful for the fiscal agent investment. City Treasurer Weber noted that Area III still Page Seven — City Council Study Session — May 20, 2004 needed work, and expressed hopes that it would look better next year. Councilman Schiffner addressed the issue of interest between the City and the RDA; and commented that he felt the two organizations were separate with separate income and responsibilities. He stressed that the City of Lake Elsinore was responsible to provide services to the public, but City money was used at a time when the RDA was in the hole. He commented that money was used that could have gone for police and other services. He stressed that the City had fixed sources of income to provide services; and indicated that it should get any kind of income possible to provide services. He further stressed that the RDA had a different function; and noted that it was unfortunate that it had lost money. Councilman Hickman questioned what was being paid to the State for loans. Mr. Pressey indicated as far as earnings on the State pool it was about 1.62 %. Councilman Hickman further questioned what loans were owed to the State. Mr. Pressey indicated that there were no loans due to the State. Councilman Hickman questioned page 5 and inquired if the ERAF money was included there. Mr. Pressey confirmed. Councilman Hickman inquired if the money was already pulled out, questioning the 2004 -05 figure. Mr. Pressey indicated that number was year to date, and clarified the ERAF monies for the current and future years. Councilman Hickman questioned the other costs included in the RDA budget. Mr. Pressey clarified that it included the audit, administration fees, and annual compliance reports. Councilman Hickman questioned the cost for administration. Mr. Pressey indicated that it was not broken out, but he believed it was about $200,000. Councilman Hickman noted that legal and accounting fees were $100,000 by the end of March and suggested that they would triple by the end of the year. Mr. Pressey clarified that was a place holder which was projected for the project area plan amendment to move the cap and other contingencies, but it could be significantly less. Councilman Hickman inquired if there could be more precise numbers on the next consideration, as he believed them to be a little inflated. He questioned $100,000 for each fund. Mr. Pressey indicated it might be an oversight, but in the past it was that high including contingencies. Councilman Hickman commented that there was $200,000 to the City and $300,000 for the attorney. City Manager Watenpaugh addressed the contingencies and clarified Page Eight — City Council Study Session — May 20, 2004 that they would not be used if they were not needed, but were planned for redoing the Project Areas and modifying the cap on Project Area I. He stressed that this was to be a place holder and not the precise amount. Mr. Pressey noted that the City Attorney had said it would be $150,000 for the RDA, and commented that each Project Area was currently overstated by $50,000, which could be adjusted. Councilman Hickman indicated that he would like to have the RDA committee go over the figures. Mr. Pressey indicated that the Committee had been provided a copy of the budget via e-mail. Mayor Pro Tern Kelley indicated that she was going to ask the City Attorney's office for clarification, but as a place holder, it would go up based on what was happening in each project area; and concurred that the money should be there, as the Attorney had been asked to do a lot of things. Councilman Hickman inquired when there would be an RDA Committee meeting. Chairman Ryan indicated that they could have a meeting next week. City Manager Watenpaugh indicated he would need to be sure that date was not already booked. Councilman Schiffner indicated that he would like to see the money deleted to allow it to be used for other purposes. Councilman Hickman indicated that he would like to see work done on Franklin and Ellis too. Administrative Services Director Pressey addressed the Lighting & Landscape Maintenance District Budget and explained that the revenues and expenditures were equal at $1.2 million. He commented that the City -wide assessments in this area were fixed and could not be increased, so it was important to control costs in light of the rising electric and maintenance costs. He explained that improvements would come in the form of new areas annexing into the District. He stressed that under the old District, there were no inflationary factors included. He detailed the types of facilities that could be included in the LLMD. City Treasurer Weber commented that it was nice to see something balanced. Councilman Magee commented that in all fairness, the reserve had been consistently maintained, which was good news. Councilman Hickman noted that he received a call about tree trimming, and apparently some palm trees had been r, Page Nine — City Council Study Session — May 20, 2004 trimmed. He stressed that trimming of palm trees should be limited. City Manager Watenpaugh indicated that he was aware of Mr. Fleming's concerns; and determined that the Edison Company had trimmed them, however City staff had since met with them to address the agreement on tree trimming and they had agreed to be more careful in the future. Councilman Hickman questioned Mr. Fleming's concern on the issue of cash in- lieu fees for streets and sidewalks and questioned if the money went into the general fund. City Manager Watenpaugh clarified that it was placed in a dedicated fund for streets, etc. Councilman Hickman expressed concern with the streets where the sidewalks start and stop. He questioned if that would be addressed with this budget. Engineering Manager Seumalo indicated that they had not looked at infill, but it could be addressed if the Council was concerned with it. He noted that staff was hoping to address one area at a time. Councilman Hickman suggested that staff address it instead of letting someone else handle it, but questioned other issues. Engineering Manager Seumalo indicated that typically drainage was an issue. Councilman Schiffner noted the possibility that some houses had never paid the fee. Engineering Manager Seumalo indicated that Engineering and Maintenance staffs were looking at the storm drain master plan. Councilman Hickman inquired if staff had just started collecting the fees. City Manager Watenpaugh noted that the TIF was recently adopted for the lanes of travel, but staff was looking at the developer impact fee for curbs, gutters and sidewalks. Councilman Hickman expressed concern that inflation would set in and the improvements would cost more than the homeowners had paid. Engineering Manager Seumalo confirmed that this was a possibility. Councilman Schiffner questioned the fund for school safety. Engineering Manager Seumalo confirmed that there was a program and money was available for Safe Routes to School. Administrative Services Director Pressey addressed the General Fund budget materials presented today. He indicated that page one was a summary of changes, with three additions. He emphasized the changes since the April 15th session, and noted that on the revenue side, the property taxes had been understated. He indicated that the sales taxes projections at mid -year had been reduced by $100,000, but was significantly less, as the Governor's budget included additional Page Ten — City Council Study Session — May 20, 2004 take - aways. He highlighted the changes to expenditures, and noted that the City Council budget decreased to accommodate funding for the Public Safety Advisory Commission and other Committees. He detailed the additional changes as presented. Councilman Magee indicated that he would like to see increased police hours in the current year; although the two motorcycles have been moved from fiscal year 2005 -06 to 2004 -05 for one month. Administrative Services Director Pressey indicated that the Lake Safety study had been requested; and noted the questions at the last meeting regarding new personnel positions. He detailed the proposed additional positions and summarized the cost of those positions. He advised that the cost -of- living increases per the MOU were estimated at 1.8 %, but the actual amount was 2.29% or about $20,000 additional dollars City wide. He noted that with regard to benefit costs, the biggest increases were for PERS and Worker's Compensation. He detailed the changes between departments, including street maintenance moving from the CIP budget. He advised that with the goal of being in the black, staff was recommending a 6% reduction scenario. He detailed the projections for the next seven years, noting that the bottom line would remain in the black. City Treasurer Weber thanked staff for providing the information in a timely fashion, and noted that he reviewed it in depth over the weekend. He indicated that he was glad to see that the sales tax had been revised. He questioned if it would remain flat at about $5 million each year, and expressed hopes that the money would be realized. He questioned why the numbers were calculated out to August 3rd. Administrative Services Director Pressey explained that accounting wise, that was when it would be measurable and available; generally within 60 days of year end. He indicated that it was standard practice to include that one month for closing the books and preparing for the audit. City Treasurer Weber indicated that he was looking at the cuts for 3% and 6 %, but there was not much change in the numbers. Mr. Pressey referred to pages 2 through 4, and noted that not all departments were requested to cut budgets. He addressed the scenario on page 4 which included increases for law enforcement, fire and community development via cost recovery. He noted that there were also decreases with the Lake Department cut by 7 %, the City Clerk's Office cut by 13% and the City -- Page Eleven — City Council Study Session — May 20, 2004 Manager's Office cut by 14 %. City Treasurer Weber addressed the cuts for each scenario and suggested that they did not add up. He questioned if it was an overall cut vs. a departmental cut. Mr. Pressey clarified that it was based on an established benchmark, and if the cuts couldn't be made or did not make sense, staff worked to accommodate the needs. He indicated that Community Services made significant reductions, but they were masked because of the shift of capital improvement dollars. He commented that in any event, when it was done, over a two year period there was a balanced budget. City Treasurer Weber addressed page 6 and indicated that it was a good cut in the right direction for this year with a savings of about $700,000 less than projected. Mr. Pressey clarified the situation and confirmed the savings. He indicated that the bottom line was a $1.2 million deficit for the year, but it was originally projected at $2.3 million; so the City was $1.1 million better overall than projected. City Treasurer Weber addressed page 8 in the 20 -20 account for professional services and noted that there was a change of $1.8 million. Mr. Pressey confirmed. City Treasurer Weber suggested that there was a 10% budget increase. Mr. Pressey clarified that the increases were in police, fire and community development. City Treasurer Weber addressed the improvements in buildings and questioned the adjusted vs. actual costs. Mr. Pressey clarified that most of the capital expenses were related to the Destratification System, which was grant funded. City Treasurer Weber noted the reimbursements from the RDA and questioned if the RDA could afford to pay them. Mr. Pressey confirmed that the RDA would pay debt service, legal obligations and general fund payback. City Treasurer Weber addressed page 14 for 2004 -05, and inquired if the $931,000 out of Canyon Hills was the special tax for police and fire. Mr. Pressey clarified that it was for the facilities, and noted the operating and maintenance fund. City Treasurer Weber questioned page 28 regarding contractual services, and questioned the responsibility for this area. Mr. Pressey indicated that this page was under the Community Development Department and represented the total for four divisions. He explained that this represented contract labor for planners and engineers and was an end of the year projection, which was accurate based on the underlying assumptions. Councilman Hickman requested clarification that this was cost recovery and essentially a wash. Mr. Pressey confirmed. City Treasurer Page Twelve — City Council Study Session — May 20, 2004 Weber questioned the regular employees adjusted budget and suggested it should be double. Mr. Pressey indicated that was possible, but he did not analyze the number of pay periods represented. He stressed that some of the new employees had not been hired, so with the vacancies it would be close. City Treasurer Weber questioned the department request and if the costs would still be a wash. Mr. Pressey indicated that there would be an overrun, but he would not propose a budget adjustment, so the department would have to absorb it. City Treasurer Weber indicated that it would go over budget by $300,000. Mr. Pressey indicated that it would go over, but it would all be cost recovery. City Treasurer Weber addressed page 33 and indicated that with regard to regular employees it looked like a lot was being expended when it was $30,000 over. Mr. Pressey indicated that was possible. City Treasurer Weber noted that the requests were up by $400,000 for next year. Mr. Pressey indicated that the number included vacant positions and a mid -year adjustment. City Treasurer Weber inquired if fees would come in to cover the overage. Mr. Pressey confirmed that this would be cost recovery. City Treasurer Weber expressed hopes that the future overages would be able to be absorbed. Mr. Pressey reiterated that the cost recovery revenues would off -set a large part of the costs. Councilman Hickman commented that the budget was going from $20 to $25 million, but there was discussion of a 6% cut. He commented that the budget was $1.2 million in the red, and questioned if it would drop the reserves. City Manager Watenpaugh indicated that the reserves would remain at $3 million. Councilman Schiffner addressed page 15 regarding employee insurance, and assumed that it included health insurance for City Council. Mr. Pressey confirmed. Councilman Schiffner noted that there was a substantial reduction, but insurance had not decreased. Mr. Pressey indicated that there was a different mix of new Council Members. Councilman Schiffner noted that every Council person was entitled to be covered, he questioned if approval was needed to allow a Councilperson to take outside insurance and be reimbursed. City Manager Watenpaugh indicated that such an issue would require Council action. Councilman Schiffner noted that it might be cheaper to pay for a Councilmember's existing insurance than to take the City's insurance. He noted that when elected -- Page Thirteen — City Council Study Session — May 20, 2004 Councilmembers might already have primary insurance in place. Assistant City Attorney Mann suggested that it might be treated as compensation, rather than a reimbursement. Councilman Schiffner requested that the City Attorney look into that question, and noted that he pays his own insurance, and it could not be obtained again if it was cancelled. Assistant City Attorney Mann indicated that he would check the rules. Councilman Hickman questioned if the budget included contingencies for the sale of the Stadium. Administrative Services Director Pressey indicated that it did not. Councilman Hickman questioned the impact of the sale. City. Manager Watenpaugh noted that there would be about $200,000 profit in that case. Councilman Magee addressed page 4 for the 6% cut summary; and indicated that he wanted to be clear on the staff proposal to spend more than was taken in next year and the year after that. Mr. Pressey confirmed, but noted the ending balance in the second year. Councilman Magee addressed page 10 under licenses and permits, and questioned the launch pass revenues for the boat launch near Swick- Matich field. City Manager Watenpaugh clarified that it was the launch ramp at the campground. Councilman Magee noted the revenues in 2001 and commented that now there was nothing because the Lake was too low. He questioned the day use and annual passes. Lake & Aquatic Resources Director Kilroy indicated that the campground revenues were included on page 13, of which the City receives 7 %. Councilman Magee questioned if there was an assumption of lost revenues, due to the low-water level. Mr. Kilroy confirmed that lost revenue had been anticipated. Councilman Magee questioned page 13 regarding the Stadium and noted that compared with the expenses and revenues on page 5, it would appear that there was a loss of $528,000. He noted that if Impact Capital steps forward it will help, but right now it was a net loss. He next addressed the skate park revenue and inquired if the'expectation was to ever make money on it. Mayor Pro Tem Kelley indicated that as of two weeks ago they were showing a profit. Councilman Magee commented that it was generating more interest and he received compliments all _. the time, so he was shocked to see no revenue. Mayor Pro Tern Kelley noted that the operator was going to be turning in his report. Councilman Magee reiterated that he was receiving positive comments. Page Fourteen — City Council Study Session — May 20, 2004 Councilman Magee addressed page 16 regarding the Public Safety Advisory Commission expenditures for $27,000. He noted that they only had one meeting and inquired if that was the correct cost. City Manager Watenpaugh clarified that was the proposed budget for the commissions and committees, not the cost to date. Mr. Pressey indicated that number should be zero, which was his error. Mayor Pro Tern Kelley addressed the same page, and noted that the 6% cut went to the Commission/Committee's $20,000. Mr. Pressey clarified that the $20,000 was for all the committees and was brand new funding. Councilman Schiffner inquired if there was $20,000 for each committee. City Manager Watenpaugh clarified that was the total for the commissions /committees. Councilman Magee addressed page 26 regarding general law enforcement and the account for training and education; and questioned if that was not covered by the contract. Councilman Schiffner indicated that officers were paid for during training. Mr. Pressey indicated that some of the expenses were based on specialized training costs not covered by the contract. He noted that another example of items outside the contract were helmets, boots, etc. for the motorcycle officers. Councilman Schiffner questioned the months paid for training. Mr. Pressey indicated that the City paid three months for training at the unsupported rate. Councilman Schiffner inquired if the time frame was the same for fire and paramedics. Mr. Pressey confirmed. Councilman Magee addressed the newest handout material and questioned the two motors for law enforcement in 2005 -06, and the patrol officer increase of 20 hours. Mr. Pressey clarified that on July 1 St patrol hours would go from 90 to 110, with the motorcycles coming on line next May 31St. He indicated that if the Council wanted two motorcycles and 110 patrol hours on July 1St, it would be an additional $300,000, offset by any revenue they would generate. Mayor Pro Tern Kelley addressed the first page under personnel and noted the correction of Associate Civil Engineer and upgrade of two positions to senior level. Mr. Pressey clarified the upgraded positions. Mayor Pro Tem Kelley commented on animal control and noted that Animal Friends of the Valley was working toward a new facility. She questioned when Page Fifteen — City Council Study Session — May 20, 2004 this expense was expected to impact the City budget and what the City's portion would be. Mr. Pressey indicated that there would be about $170,000 per year in debt service payments to finance the City's portion, and noted that the budget assumes that would be July ls`. Community Services Director Sapp clarified that staff was not certain what the portion would be or the time line, but the draft Joint Powers Agreement had been sent out for review. He further clarified that the $170,000 was for annual service and the start up costs. He indicated that the City's charges could change from year to year because they were based on the percentage of animals turned in; and right now the rate for the City was 28 %. He confirmed that there would be some costs associated with the JPA, but he was not sure of the figures. He noted that it was possible that in the next fiscal year there would be some bond payments, but advised that construction was still two years away. Mayor Pro Tem Kelley indicated that she had read the information, but there was no price tag on the new shelter. Mr. Sapp confirmed that there was not one available. Mayor Pro Tem Kelley noted the $650,000 for water in the budget. City Manager Watenpaugh indicated that the Water District was pumping water and the $650,000 was a set amount that was tracked and monitored before the bill was paid. Mayor Pro Tem Kelley indicated she just wanted to be sure the City was keeping track of the water. Mayor Pro Tem Kelley noted that the 6% cut in Community Services would delete the Winterfest program, Music with a View concert series and the Children's Fair. Community Services Director Sapp confirmed that the staff costs associated with those events had been removed to reach the requested cuts. Mayor Pro Tem Kelley commented that the City needed to keep providing those events, as they are enjoyed by the community, and noted the addition of fireworks for the 4"' of July. She stressed that the impacted events were the only things the City provided that were fun for the community. She questioned the cost of these events. City Manager Watenpaugh indicated that the total cost was about $25,500. Mayor Pro Tem Kelley recommended reinstatement of all three events. She addressed the Music with a View event and indicated that she raised money on the side for that event for the musicians, but they rely on staff to set up and take down. She stressed that they had already contracted out the musicians for this year, and advised that they had already raised $30,000. She reiterated that she would Page Sixteen — City Council Study Session — May 20, 2004 propose that the Council reinstate these programs. Mayor Buckley indicated that $25,000 was available. He commented that the cost of insurance went down with the new Council. He suggested that while looking at the issue raised by Councilman Schiffner, consideration be given to the legality of giving Councilmembers a total of $500 per month in pay or benefits. Assistant City Attorney Mann indicated that he would have to look at the limits for reimbursement. Mayor Buckley suggested funding the extra $28,000 to restore the community events. He addressed the concept of a 6% cut, and indicated that overall it was actually only 1.3 %. Administrative Services Director Pressey indicated that it actually resulted in a 16% increase overall. Mayor Buckley addressed the scenarios from a 0% cut to a 6% cut, and indicated that only $301,000 had been saved out of a $25 million budget. He stressed that was not 6 %. Mr. Pressey indicated that the reductions were not hard and fast cuts, as some increased and some decreased; but the three different scenarios were prepared with that in mind. City Manager Watenpaugh clarified the budget preparation instructions to staff, and indicated that some service levels could not be met with the requested cuts. He suggested that the scenarios should have been labeled one, two and three, rather than percentage cuts. Mayor Buckley commented that in looking at all of the scenarios, pay and benefits overall were not being cut. Mr. Pressey confirmed, and clarified the initial assumptions. City Manager Watenpaugh commented on the existing contract MOU with the employee's union. Mayor Buckley commented that the MOU did not have a bearing on the management side. City Manager Watenpaugh indicated that staff was working from the established policy. Mayor Buckley suggested if cuts were being considered, they should be made. He questioned how much of staff was exempt, and suggested a 6% cut for the exempt employees. Mr. Pressey indicated he was not sure off hand. City Manager Watenpaugh indicated that staff could run that scenario and determine what percentage of employees were exempt from the MOU. Mayor Buckley questioned what 6% of the compensation package would be and addressed page 15 regarding merit increases. He suggested that there were not "merit" increases. Mr. Pressey clarified that if the increases were not merited, they were not granted. Mayor Buckley questioned the percentage of employees getting merit increases. Mr. Pressey indicated that the assumption was 100% of the employees. Mayor Buckley requested clarification that this included every Page Seventeen — City Council Study Session — May 20, 2004 employee. Mr. Pressey clarified that some employees do not have any more steps left for increases. Mayor Buckley suggested that if everyone gets a merit increase, maybe it should not be a called a "merit" increase. Mr. Pressey clarified that if a merit increase was not warranted, it was not received. City Manager Watenpaugh clarified that merit increases were included for any one eligible for a step increase, but everyone does not automatically receive merit increases. He noted that most management employees were not eligible for merit increases. Mayor Buckley questioned page 2 with regard to $1.5 and $2 million and questioned where the case was coming from. City Manager Watenpaugh indicated that those numbers were based on the scenarios prepared by staff. Mr. Pressey noted the new development happening in the next year versus this year. Community Development Director Brady noted that the Costco/Lowe's project was coming forward, as was Home Depot, the Auto Dealership and a number of housing tracts which would generate a large amount of fees. He noted that Rosetta Canyon, Canyon Hills, Tuscany, Murdock and a number of other tracts were anticipated to pull permits in the coming year. Mayor Buckley inquired if the.budget was based on only the things that had been approved, rather than those things proposed to be approved. Mr. Brady indicated that they reviewed the timing and only looked at those that were anticipated to pull permits this year. City Manager Watenpaugh noted that it was also the balance of the Serenity and Forecast/La Laguna tracts. Mayor Buckley requested confirmation that the numbers did not include John Laing Homes. Mr. Brady confirmed. Mayor Buckley questioned the dip in property taxes. Mr. Pressey indicated that the property taxes might be understated. Mayor Buckley noted that on the sales tax side there was a reduction of $325,000 this year and questioned the projections for Costco/Lowe's. Mr. Pressey indicated that staff had initially projected income from that project, but now understood that it would open in July, 2005; and noted that other revenue generators would be coming on line this year. Councilman Hickman inquired if an actual 6% cut would balance the budget. Mr. Pressey indicated that it would still require a two year budget, but it would come close based on the projections. Mayor Buckley questioned the cost of Health and Wellness. City Manager Page Eighteen — City Council Study Session — May 20, 2004 Watenpaugh indicated that it cost $18,900 annually. Mayor Buckley inquired if there was a cap on the program. Mr. Watenpaugh indicated that executive management received $150 per month and mid - management received $75 per month. Mayor Buckley questioned the possibility for them to receive more than that. City Manager Watenpaugh indicated that the funding had been the same since 1988. Mayor Buckley questioned who received the benefit. City Manager Watenpaugh clarified the staff levels and amounts, and noted that it accrues. Mayor Buckley questioned the accrual. City Manager Watenpaugh indicated that there was not a limit on accruals. Councilman Hickman questioned why the program was established. City Manager Watenpaugh indicated that the original program was established in 1985 as part of a County grant, and was listed as a benefit to provide additional fitness to keep people at work. He noted that in 1988, the then Assistant City Manager did a memo modifying the program and listing what it could be used for, including prescription reimbursement, fitness centers, medical costs not covered by insurance, etc. Mayor Pro Tem Kelley inquired if it was an automatic draw. City Manager Watenpaugh clarified that staff was required to submit receipts for reimbursement. Mayor Buckley inquired if there was a budget line for the accrual. Mr. Pressey indicated that it was listed on the balance sheet as a liability. Councilman Magee addressed Resolution No. 88- 1, and noted that it listed the benefit at $100 a month, but he heard two different figures. He requested a copy of the amendment. City Manager Watenpaugh indicated that it could not be provided, but he could provide a copy of a memo from 1988. He expressed the assumption that it had been dealt with in Closed Session; and noted that this was an area changed by staff, as the previous Finance Director had a problem with items not coming back to open session of the Council for ratification. He explained that items now came back to Council to provide a paper trail. Mayor Pro Tem Kelley commented that it appeared to be an amendment years ago. Councilman Magee expressed concern with having a document that says one thing and a practice that says another. Mayor Buckley suggested this was an unfair situation. Administrative Services Director Pressey indicated that he needed any input on changes either via the City Manager or discussion at this meeting. He indicated that the next meeting for discussion of the whole budget would be the first meeting in June, where staff intended to bring the final budget forward for adoption. He Page Nineteen — City Council Study Session — May 20, 2004 requested clarification as to how the Council wanted to convey changes. Mayor Buckley noted that no decisions could be made at this meeting and suggested that any one on Council could send a -mails or chat with staff about different scenarios on costs and savings potential. Mr. Pressey confirmed. Councilman Magee inquired if he was able to recommend some changes now. Mayor Buckley confirmed. Councilman Magee noted that this was his first time at this process and thanked staff for being patient with him in meetings. He distributed to Council and staff his proposed items for consideration. He expressed concern with spending more than was brought in and proposed looking at a 6% cut as a base; and if cuts were considered they would be suspending action and spending in certain areas while the finances were reevaluated. He proposed holding back on the Information Technology System Upgrade, pushing back the General Plan Update, suspending Travel and Meetings, suspending Training and Education, suspending Merit Pay Increases, suspending New Hires and suspending Palm Tree Relocations. He indicated that these changes would result in a $1.2 million savings, that would be a potential surplus. He further indicated that this would maintain core commitments to increase public safety, lake and recreation, and efforts for economic development, while remaining fiscally responsible. He proposed that the Council not pass a budget with deficit spending; and indicated that he would like to stop the trend before the June 81h meeting. Councilman Schiffner questioned what the surplus would be for. Councilman Magee indicated that it would be for a rainy day. Councilman Schiffner indicated that in actuality, more would be needed in the case of a rainy day. Councilman Magee indicated that he does not operate that way either personally or in his business. City Treasurer Weber indicated that he wanted to look at interest incomes. He stressed that the City needed to make better money on the money available for interest income. He noted that there was $7 million in the cash fund and he was trying to work a better deal. He indicated that LAIF was getting 1.4% and suggested looking at getting more on that money. He also suggested looking at the RDA and Assessment District funds, as he was hearing it was possible to get 5.9 %. He noted recent a -mails on the issue and the discussion of a financial Page Twenty - City Council Study Session — May 20, 2004 advisor. He indicated that a financial advisor was more important than he thought it was, and explained their efforts and ability to advise the Council on the bond reserves and potential interest. He indicated that the City needed to take a quantum leap on interest on current funds available, stressing that right now it was minimal. He stressed that he thought the interest could be increased, and indicated that a financial advisor works pro -bono and takes very small amounts. He suggested looking at someone who knows what is going on and could suggest a plan to find more money. He further suggested that they might be able to gain $130,000 or $140,000 on the LAIF funds alone. He recommended setting a date for this consideration, and stressed the need for an action plan with a date for completion. He questioned the Council's thoughts on a financial advisor and when work could start to look at the issue. Mayor Buckley noted that work was underway on an investment policy and the numbers were in the budget. Mr. Pressey confirmed. Councilman Schiffner noted that a financial advisor was used in Orange County a few years ago to their detriment. Mayor Buckley noted that the City needed to prevent investment in derivatives. He noted that SCAG might come up with $200,000 for the public part of the General Plan, and stressed that the General Plan had to be updated. Mayor Buckley commented on the Capital Improvement Budget and addressed the boat launch, questioning the ability to leverage the money the campground would invest. City Manager Watenpaugh indicated that he had a proposal, but he needed to go through it; and noted that $1 million was needed to keep the grant, to which the concessionaire could contribute. Mayor Buckley addressed the Lake Destratification System and noted that the City was not actually paying for any of it; and requested clarification that the project would not go over the cap. Engineering Manager Seumalo confirmed. City Manager Watenpaugh confirmed that it would be within the set dollar amounts. Mayor Buckley commented that the Swick - Matich restroom had been on the books for about five years. He inquired if the Casino Drive Bridge Retrofit would include a useable sidewalk. Engineering Manager Seumalo indicated that he didn't think so. Mayor Buckley addressed the need for traffic signals and noted the '� Page Twenty -One — City Council Study Session — May 20, 2004 back -up at Grand/Ortega and Grand /Ontario. He indicated that he spoke with Supervisor Buster and he agreed to assist with funding at those locations. Mr. Seumalo indicated that he learned from the County yesterday that they were looking at Ontario /Grand, but it was not yet funded. Mayor Buckley questioned the need for a light at the Main/Graham intersection; and further questioned if it would allow more stacking than now. Engineering Manager Seumalo concurred that those were valid points; but they had been included in the program as a result of discussions with the Traffic Engineer. Mayor Buckley questioned if there would be a way of justifying the need. Engineering Manager Seumalo indicated that staff was on the way to justifying it, and with the development in the future it would be needed. Mayor Buckley addressed the Pavement Maintenance System, and suggested it would be fair to work on roads that are dusty and put in magnesium chloride. City Manager Watenpaugh noted that grading would be required as well. Mayor Pro Tem Kelley indicated that she was very concerned about the intersection of I -15 and Highway 74. Mr. Seumalo indicated that it was not identified in the program, but staff was looking for alternative funding sources. He advised that no costs were anticipated for this budget, as the next step would be a project report from the impacted development funding. Councilman Magee addressed page 22 regarding park and recreation capital projects; and noted that there was Lincoln Street Park funding in the amount of $100,000, but nothing for the Serenity Park. He noted that he had a discussion with the City Manager about that project. City Manager Watenpaugh indicated that he was not sure where the developer was on that project; but the park would not start until their plans and specifications were approved. He inquired of staff if the plans had been submitted. Community Services Director Sapp indicated that the park plans had been submitted. Community Development Director Brady indicated that the grading plans had not yet been submitted. Councilman Magee surmised that this project would not occur until next year. Councilman Magee addressed page 25, and indicated that it still depicted the Lincoln Street Park on the wrong parcel. City Manager Watenpaugh clarified that Page Twenty -Two — City Council Study Session — May 20, 2004 the 888 park site was properly placed, but the triangle parcel was the old fire station site. Councilman Magee indicated that he was pleased to see the inclusion of the Grand/Ontario. traffic signal, and noted that there was a significant amount of vehicular carnage at that location. He commented that he was glad to hear that the Mayor spoke with Supervisor Buster for assistance. Councilman Hickman noted that he had received a request for striping for pedestrians near City Hall on Main Street for the grocery store. Engineering Manager Seumalo indicated that he could study that issue, however staff does not support unprotected crosswalks. Councilman Hickman noted that many families were crossing Main Street to the market. Mr. Seumalo reiterated that he could look at it. Councilman Magee addressed page 83 and noted that the landscaping at Grand/Ontario originally wrapped around the corner onto Ontario. He suggested that as long as the landscaping was going in, it needed to be completed around the circle. Mr. Seumalo concurred. Councilman Magee noted that Mr. Fleming had addressed Wilson Way, and requested that it be included on the unfunded improvement list as a first step. He addressed the comments by Mrs. Stafford regarding Ellis, and indicated that Public Works Manager Payne could tell her when it was scheduled. Public Works Manager Payne indicated that Ellis Street was included in the budget as an unfunded project. Mayor Buckley inquired if Chief Fetherolf had an update on the incident which occurred today. City Manager Watenpaugh suggested a private briefing on the matter. City Manager Watenpaugh indicated that he appreciated the City Council's comments and Councilman Magee's efforts to meet with staff. He commented that staff had brought forward budgets in excess of existing revenues per the financial plan, which was an effort to balance the budget over a period of time. He Page Twenty -Three — City Council Study Session — May 20, 2004 indicated that the direction received in the past was to try to continue to return services; and that was why a two year budget was presented. He stressed that it had been quite a feat over the last seven years. He expressed understanding that they were public dollars, but indicated that he was concerned with the potential for cutting services. ADJOURNMENT The City Council Study Session was adjourned at 7:55 p.m. THO YOR CITY Of AT EST: VICKI KASA , CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 259 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and Deputy City Clerk Ray. CLOSED SESSION A. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — City Clerk. (FA2.1) City Attorney Leibold announced the Closed Session Item as listed above, and noted it would not be discussed due to absence of the City Clerk. THE REGULAR CITY COUNCIL MEETING WAS RECESSED at 6:00 P.M. RECONVENE PUBLIC SESSION (7:00 P.M.) Page Two — City Council Minutes — May 25, 2004 Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Barbara Dye. INVOCATION — MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS /CEREMONIALS a. Proclamation - National Public Works Week. (F:122.1) Mayor Buckley presented a Proclamation to Community Development Director Sapp for National Public Works Weeks. Mr. Sapp accepted the award on behalf of Public Works Manager Payne. b. Presentation -Lake Elsinore Valley Soccer Club.(F:56.1) Eden Hasken presented a plaque to the City on behalf of the Lake Elsinore Valley Soccer Club. CLOSED SESSION REPORT City Attorney Leibold commented that the City Council did not meet in Closed Session, so Item A would be postponed and considered at another meeting. Page Three — City Council Minutes — May 25, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE Peter Dawson 18010 Grand Avenue, noted that last month Council had honored LEMSAR for years of service, and recipient Donna Staples was unable to attend the meeting. He indicated during this particular meeting Mrs. Staples was manning the marine radio, and her husband, 82 year old Bill Staples was on the Lake after dark during a wind storm rescuing a boat. Paula Graver, 218 Ellis Street, commented that her computer crashed and asked the community to keep her in mind if anyone had a computer to donate to her. She then read a poem. Jill Wojcik, 32921 Rhinehart, Wildomar, indicated that she was personally given a home phone number for Mayor Buckley and Councilman Hickman. She noted that she wanted to request a proclamation for Retired Lieutenant Colonel Paula Graver for supporting the troops and her involvement in the community. She indicated that she had left several messages and did not receive a return call until May 24, 2004, and today. She quoted Ms. Manners from the Californian newspaper, but indicated that she understood Councilmembers were busy. Barbara Dye, 33127 Dowman, Lakeland Village Neighborhood Association indicated that in February, 2004, the LEAPS Project was on the agenda; and she had requested before Council supported the project that they received more information about the benefits and risk on this project and the impact on Lakeland Village. She inquired if there had been a study session or if there would be a study session regarding this issue. Mayor Buckley noted the study session would be held June 24, 2004 at 5 p.m. at the Cultural Center. Ruth Atkins, 15237 Lake Trail Circle, noted that the Lake Elsinore Historical Society would be hosting a Rummage Sale, June 5th and 6th in the parking lot located at Main Street and Heald Street. She indicated that a member of the Historical Society took two bags of new stuffed bears to the police station to be given to the traumatized children. Page Four — City Council Minutes — May 25, 2004 Ruth Atkins noted that the Elsinore Valley Arts Network would be holding their awards ceremony, Thursday, May 271h at 7 p.m. She indicated the recipients were students from the Lake Elsinore Unified School District. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 5. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session — April 15, 2004.(F:44.4) b. Joint Study Session — April 27, 2004. C. Regular City Council Meeting — April 27, 2004. d. Joint Study Session — May 11, 2004. 2. Ratified Warrant List for May 14, 2004. (F:12.3) 3. Adopted Resolution No. 2004 -27, Opposition to SB 744 — HCD State Housing Accountability Committee. (F: 96.1)(X:36.1) RESOLUTION NO. 2004-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, OPPOSING SENATE BILL 744 (DUNN) WHICH TRANSFERS LOCAL LAND USE AUTHORITY TO THE STATE ALLOWING THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) THE AUTHORITY TO OVERRULE LOCAL DECISIONS. Page Five — City Council Minutes — May 25, 2004 4. Authorized staff to submit application for Riverside County Transportation Commission Grant Application. (F:84.1) 5. Directed the City Attorney's office to prepare a request to FERC that the City be designated as an intervener in the LEAPS application process. (F:164.5) PUBLIC HEARINGS 21. Final EIR No. 2004 -03 State Clearinghouse No. 2004021018; General Plan Amendment No. 2004 -01; Tentative Parcel Map No. 323 69; commercial Design Review No. 2003 -13; and Conditional Use Permit No(s). 2004 -11 and 2004 -17 through 2004 -19 for the Lake Elsinore Market Place (Costco/Lowe's) — Resolution Nos. 2004 -28 and 2004 -29. (F: 58.2)(X: 110.1)(X:83.2) Mayor Buckley opened the public hearing at 7:25 p.m. Community Development Director Brady commented that the item has been much anticipated by the City. He noted that it was a 454,000 square foot shopping center that would include Costco and Lowe's; and the site was located at the corner of Dexter and Highway 74. He noted that the Costco would be 149,700 square feet and Lowe's would be 133,723 square feet. He indicated that the other building would range in size from 20,000 to 40,000 square feet and smaller shops ranging in size from 2,000 square feet to 11,000 square feet. He explained that the project required a number of street improvements, and there would be a traffic signal installed on Cambern prior to occupancy of any building on the site. He indicated this would help relieve some of the traffic on Dexter. The improvements also included improvement to a retention basin for the flood control channel, widening Dexter and adding a lane to Highway 74 adjacent to the site. Community Development Director Brady indicated that there were minor changes to the Conditions of Approval that were requested by the Applicant and staff had agreed. He noted if Council concurred the changes would be incorporated into the approval. Page Six — City Council Minutes — May 25, 2004 1. Condition No. 7 — The word "owner's" needed to be changed to "management ". 2. Condition No. 9 — The word "Maintenance" needed to be changed to "Management ". 3. Condition No. 14 — The Applicant was requesting 2 years instead of 1 year. 4. Condition No. 102 — The Applicant was requesting 2 years instead of 1 year. Mr. Brady commented that the developer was required to provide 1,991 parking spaces based on the square footage being proposed and was actually providing 2,185. Mayor Buckley opened the public hearing at 7:40 p.m. There was one ••. request to address Council. Vida Boice, 17 Ponte Negra, indicated that she and her husband had attended a Planning Commission meeting for the first time on May 18th and were impressed. She asked for Council to ensure that there were enough parking spaces. Mayor Buckley asked those persons in favor of the project to speak. No one spoke. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the project to speak. No one spoke. Page Seven — City Council Minutes — May 25, 2004 Mayor Buckley commented that the study session went an extra hour to discuss particular issues with the items listed on the agenda and the majority of the discussion to place during the 4 p.m. study session. Councilman Schiffner commented that the project had been in the process with the Planning Department for a number of months. He noted that Assistant City Manager Best had been working for the past five years convincing the developer to bring this project to Lake Elsinore and complimented her on a job well done. Councilman Magee commented that all his questions were answered by staff during the 4 p.m. study session. He noted it was an excellent site design, and was going to create a beautiful gateway to the City. Peter Clement, Irvine, CA, commented that Costco would be coming to Lake Elsinore. He noted that they had worked on the project for 3 years, and complimented staff and the Costco development team. Mayor Pro Tem Kelley commented that her questions were answered at the 4 p.m. study session. She requested the names of some of the other stores that would be in the Center. Don Howlls, San Diego, commented that he was here on behalf of Diamond Development, and noted that the other names included: Petco, Staples, Applebees, and Wells Fargo Bank. Mayor Pro Tem Kelley complimented Assistant City Manager Best on a job well done. She indicated that this project would provide sale tax dollars and employment for our residents. Councilman Hickman commented that he was looking forward to seeing the project completed. Mayor Buckley inquired on the size of the parking spaces. Mr. Brady commented that there would be no compact parking spaces. Mayor Buckley Page Eight — City Council Minutes — May 25, 2004 requested clarification that there would be six lanes on Highway 74. Mr. Brady confirmed. The public hearing was closed at 7:53 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-289 CERTIFYING THE EIR: RESOLUTION NO. 2004-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004-03. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-299 APPROVING THE GENERAL PLAN AMENDMENT NO. 2004-01: RESOLUTION NO. 2004-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE GENERAL PLAN AMENDMENT NO. 2004-01 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 32369, BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE COMMERCIAL DESIGN REVIEW NO. 2003-13 WITH THE INCLUSION OF THE CHANGES AND MODIFICATIONS IN THE CONDITIONS OF APPROVAL. BASED ON THE FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL. Page Nine — City Council Minutes — May 25, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A UNANIMOUS VOTE TO APPROVE CONDITIONAL USE PERMIT(S) 2004 -04 THROUGH 2004 -11 AND 2004 -17 THROUGH 2004 -19 BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH THE INCLUSION OF THE CHANGES AND MODIFICATIONS IN THE CONDITIONS OF APPROVAL: FINDINGS — TENTATIVE PARCEL MAP 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map as designed assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1. 0, Land Use Element) by encouraging the development of commercial land uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 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. The City has considered the need for day -to -day shopping, which includes convenience goods, food and personal services, in contrast to the impacts related to the project's implementation and has determined that there are overriding considerations that outweigh the one (1) unavoidable significant impact (air quality). 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts, except one (1) unavoidable significant impact (air quality) that Page Ten — City Council Minutes — May 25, 2004 cannot be avoided to which the City recommends adoption of the "Statement of Overriding Considerations ". FINDINGS — 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. The proposed Commercial Design Review located within Assessor Parcel Number 377 - 040 -027 complies with the goals and objectives of the General Plan, in that the approval of this Commercial Shopping Center will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 377 - 040 -027 is appropriate to the site and surrounding developments in that the Shopping Center known as the Lake Elsinore Market Place has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 377 - 040 -027, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will generally not have a significant effect on the environment pursuant to attached Conditions of Approval except that Page Eleven — City Council Minutes — May 25, 2004 there is one (1) unavoidable significant impact (air quality) that cannot be avoided, to which the City recommends adoption of the "Statement of Overriding Considerations ". 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number377- 040 -027 has been scheduled for consideration and approval of the Planning Commission. FINDINGS — CONDITIONAL USE PERMITS) 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit(s) for the gasoline dispensing establishment, outdoor display of merchandise, staging area, drive -thru establishments and outdoor dining areas located at Assessor Parcel Number 377 - 040 -027. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. In accordance with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City reali .Zed that the proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive -thru establishments and outdoor dining areas located atAssessor Parcel Number 377 - 040 -027 may have a potential Page Twelve — City Council Minutes — May 25, 2004 to negativey impact the welfare of persons residing or working within the neighborhood or the City. Considenn g this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping street dedications, regulations of points of vehicular in and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, orgeneral welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive -thru establishments and outdoor dining areas located at Assessor Parcel Number 377 - 040 -027 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate industrial area. Further, the project as proposed, will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of screening from the public rights - of -way or adjacent properties. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive -thru establishments and outdoor dining areas located atAssessor Parcel Number 377- 040 -027 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of trafcgenerated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. 5. In approving the subject use located at Assessor Parcel Number 377 - 040 -027 there will be no adverse affect on abutting property or the permitted and normal use thereof. �. Page Thirteen — City Council Minutes — May 25, 2004 The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminaling the potential for any and all adverse effects on the abutting properly. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed gasoline dispensing establishment, outdoor display of merchandise, staging area, drive -thru establishments and outdoor dining areas located at Assessor Parcel Number 377 - 040 -027 has been scheduled for consideration and approval of the Planning Commission. GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Lake Elsinore Market Place located at 377- 040 -027, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004021018). TENTATIVE PARCEL MAP NO. 32369 3. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. Page Fourteen — City Council Minutes — May 25, 2004 4. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's against the commercial shopping center requested herein. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall establish methods to address design improvements. 7. No building in the development shall be sold unless a corporation, association, property owner's management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in �.. the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. (Revised pursuant to City Council on May 25, 2004). 8. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 9. Membership in the Property Mftifttenanee Management Association shall be mandatory for each buyer and successive buyer. (Revised pursuant to City Council on May 25, 2004). 10. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. Page Fifteen — City Council Minutes — May 25, 2004 11. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 12. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 13. The applicant shall comply with those mitigation measures identified in the Draft EIR (SCH No. 2004021018) Mitigation Monitoring Program prepared for the project requested herein. DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 2003-13 14. The Design Review approval located at Assessor Parcel No. 377 - 040 -027 shall lapse and become void two (2) years following the date on which the Design Review became effective, unless prior to the expiration of ene- yew two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) two (2) year period and shall continue to be valid upon a change of ownership of the site. (Revised pursuant to City Council on May 25, 2004). 15. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 16. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 17. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Page Sixteen — City Council Minutes — May 25, 2004 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. 18. The applicant shall record a "Deed Restriction" with the County Recorder's Office prohibiting any future building in the "No Build Zone" located between Costco and Lowe's. 19. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 20. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof mom equipment shall match the primary wall color. 21. The applicant shall provide supplementary landscaping in the form of larger trees and shrubs along Cambern Avenue at the rear of Major "E ", "F" and "G" to further screen the loading areas from the public right -of- way, pursuant to the approval of the Community Development Director. 22. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 23. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 24. All building signage shall comply with the Sign Program submitted to the Planning Division. Page Seventeen — City Council Minutes — May 25, 2004 25. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 26. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 27. No exterior roof ladders shall be permitted. 28. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 29. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 30. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 31. On -site surface drainage shall not cross sidewalks. 32. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 33. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING /GRADING PERMITS 34. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and _ shall return the executed original to the Planning Division for inclusion in the case records. Page Eighteen — City Council Minutes — May 25, 2004 35. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler systems with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty - four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. -- d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Page Nineteen — City Council Minutes — May 25, 2004 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. 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING 5. Process a General Plan Amendment reducing the street classification of Dexter Avenue to a "Modified" collector north of Central Avenue (SR -74). Page Twenty — City Council Minutes — May 25, 2004 6. Dedicate full half -width right -of -way and construct full half -width street improvements consistent with the General Plan Circulation Element for Central (SR -74), Cambern and Dexter Avenue(s). 7. Applicant shall implement traffic mitigation as recommended in the approved traffic study. 8. All building pads shall be constructed to one (1) foot above the 100 -year flood elevation. 9. Applicant shall construct a detention basin designed to detain the incremental increase in storm runoff between the unimproved and improved site. Detention shall be designed to comply with Riverside County Flood Control Standards. 10. Applicant shall process a Conditional Letter of Map Revision (CLOMR) and a Letter of Map Revision (LOMB) with FEMA. -- 11. The applicant shall obtain an encroachment Permit from CALTRANS to install improvements on State Highways. 12. Plan concept shall be approved by City Engineer and improvements bonded for by developer prior to final map recordation. 13. Off - Street Parking shall not be allowed on Dexter, Cambern and Central (SR -74) Avenue(s). 14. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 15. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. Page Twenty -one — City Council Minutes — May 25, 2004 16. Unless otherwise detailed in the Development Agreement, the applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 17. 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. 18. Construct all public works improvements per approved street plans (LEMC 12.04). Plan concept shall be approved by City Engineer and improvements bonded for by developer prior to final map recordation. 19. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition and City Codes (LEMC 12.04 and 16.34). 20. 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. 21. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 I /2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 22. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 23. Applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to final map approval. Page Twenty -two — City Council Minutes — May 25, 2004 24. 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. 25. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 26. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 27. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 28. Applicant shall submit a Bond for a traffic control plan showing all traffic control devices for the project to be approved prior to the issuance of a building permit. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 29. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 30. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 31. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still Page Twenty -three — City Council Minutes — May 25, 2004 be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 32. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 33. An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 34. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 35. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 36. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring the public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 37. 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. 38. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map or recorded as a separate instrument. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". Page Twenty -four — City Council Minutes — May 25, 2004 39. 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. 40. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 41. Meet all requirements of LEMC 15.68 regarding flood plain management. 42. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any additional fleedi '-' not increase, divert, or change the flow characteristics that would result in an increase in runoff without appropriate mitigation. (Amended at the May 18, 2004 Planning Commission Meeting). 43. All drainage facilities in this site shall be constructed to Riverside County -- Flood Control District Standards. 44. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 45. Ten (10) -year storm runoff shall be contained within the curb and the 100 - year storm runoff shall be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 46. A drainage acceptance letter shall be required from the downstream property owner's in the event historic flows are increased. 47. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 48. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including ,. Page Twenty -five — City Council Minutes — May 25, 2004 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. 49. 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 storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 50. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 51. 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. 52. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 53. Local streets shall be designed and constructed in compliance with the approved Traffic Report. 54. Restricted local interior double- loaded streets shall not have less than a 50 ft. right -of -way with 36 ft. curb -to -curb and a 3 ft. utility easement on each side of the street. Single - loaded local streets shall not have less than a 45 ft. right -of -way with a 3 ft. utility easement and 36 ft. curb -to -curb. Page Twenty -six — City Council Minutes — May 25, 2004 55. All parcels shall have direct access to public right -of -way or be provided access consistent with the Tentative Map for ingress and egress to the public right -of -way by separate instrument or through map recordation. 56. The final map shall show the abandonment of dedications of public right - of -way or easements by appropriate certifications on the map. 57. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 58. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR &R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 59. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other. ADMINISTRATIVE SERVICES DEPARTMENT 60. The applicant shall annex into the Lighting, Landscape, and Maintenance District No. 1 (LLMD No. 1) if the City will maintain street lights and landscape medians. RIVERSIDE COUNTY FIRE DEPARTMENT Page Twenty -seven — City Council Minutes — May 25, 2004 61. The applicant shall comply with all the conditions referenced in the attached Conditions of Approval from Riverside County Fire Department, dated April 10, 2004 and April 30, 2004. COMMUNITY SERVICES DEPARTMENT 62. Applicant shall pay $0.10 per square foot of all commercial and industrial buildings for park -in -lieu fees. 63. Applicant to maintain all on -site landscaping. 64. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 65. Center median landscape and all on -site landscape to be approved by the City's Landscape Architect. No grass /turf to be planted in the center median. 66. Applicant to comply with all NPDES regulations. CONDITIONAL USE PERMITS) 67. The Conditional Use Permit approved herein shall lapse and shall become void ene- (1)year two (2) years following the date on which the use permit became effective, unless prior to the expiration of one yeas two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. (Revised pursuant to City Council on May 25, 2004). 68. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 69. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 70. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. Page Twenty -eight — City Council Minutes — May 25, 2004 71. The hours of operation for the gas station shall be limited to the hours of operation expressed within the Business Plan submitted. 72. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 73. The use of an outdoor public address system shall not be allowed. 74. Security lighting shall be required. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. OUTSIDE AGENCIES 75. The applicant shall comply with all recommendation and requirements identified in the attached letter from Riverside Transit Agency dated January 9, 2004. 22. General Plan Amendment No. 2004 -03, Zone change No. 2004 -03, Commercial Design Review No. 2004 -01 and Mitigated Negative Declaration No. 2004 -04 for "Lake Chevrolet" Resolution No. 2004 -30 through 31, and Ordinance No. 1120. (F:58.2)(X:83.2)(X:172.1) Mayor Buckley opened the public hearing at 7:56 p.m. Community Development Director Brady gave an overview of the item. He explained the item presented to the Council was a new auto dealership in the City. He noted it was a 9.3 acre site located at Auto Center Drive and Franklin Street. He indicated that the building would contain 6500 square feet of building area including the repair facility along with the showroom; and a portion of the site would be used for employee parking. He noted there was a requirement that a traffic signal be installed at Franklin and Auto Center Drive. The Planning Commission recommended approval to the City Council. Page Twenty -nine — City Council Minutes — May 25, 2004 Vida Boice, 17 Ponte Negra, commented that when her family first moved to the City they purchased a vehicle from Lake Chevrolet and she thought it was a nice facility. She noted they revisited the dealership a few years later and she did not see the quality of presentation within the building. She noted it was not as upscaled as it once was. She indicated she did not like the bad impression when she entered these facilities such as dirty chairs. She hoped there was a way to encourage these businesses to keep the facilities cleaner. She noted she would like the businesses to uphold a good reputation for the City. Community Development Director Brady indicated that there were two conditions with modification that was discussed at the 4 p.m. study session. Condition No. 43 and No. 45. Condition No. 43 — would be modified to read "Plans must be approved and signed by the City Engineer prior to Certificate of Occupancy. 2. Condition No. 45 — would be modified to read "Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds within 60 days of project approval by the City Council. Mayor Buckley asked those persons in favor of the project to speak. No one spoke. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the project to speak. No one spoke. Councilman Schiffner commented that the Council did not have any authority over the way the business was maintained. He noted that the owner of Lake Chevrolet was in the audience. Page Thirty — City Council Minutes — May 25, 2004 Councilman Magee acknowledged and thanked Mr. Robert Gregory with Paradise Automotive and Lake Chevrolet for his continued investment in Lake Elsinore. He noted that the new design accommodated the staff and the ability to load and unload vehicles inside the property. Councilman Magee inquired how soon they planned on proceeding to open their doors. Mr. Gregory commented that he hoped to have it open by the first of 2005. Joe Boice, commented that Lake Chevrolet treated him nice, but the place needed some cleaning up. He indicated there were some great people working at Lake Chevrolet. He noted that the owner also owned a few dealerships in Temecula and there was a difference in the cleanliness and upkeep in the facilities. Councilman Hickman inquired if there was anything staff could do to expedite the construction. Mr. Gregory commented there were a lot of road blocks in not allowing him to receive a building permit until other things were done. He noted he was going as fast as he could with this process, but it had been a slow from the time he started until present. He indicated he appreciated everyone's help in this process; and stressed the fact that he needed to complete this as soon as possible. He commented that he had a six month extension from General Motors that expires in February, 2005. Mayor Pro Tem Kelley, thanked Mr. Gregory for his contributions in the community and noted that this would provide more jobs for the community. Mayor Buckley inquired if there was enough parking on -site so that there was no more parking on the street. Mr. Gregory confirmed. Mayor Buckley closed the public hearing at 8:12 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-30: Page Thirty -one — City Council Minutes — May 25, 2004 RESOLUTION NO. 2004-30 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING MITIGATED NEGATIVE DECLARATION 2004 -04, WITHIN APN(S) 363 -540 -010, 0119 0129 0139 0179 0189 0199 020 AND 024. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-31: RESOLUTION NO. 2004-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF GENERAL PLAN AMENDMENT NO. 2004 -03 AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECFICALLY DESCRIBED AS APN(S) 363- 540 -010, 0119 012 AND 013 FROM LOW MEDIUM DENSITY (LMD) RESIDENTIAL TO GENERAL COMMERCIAL (GC). MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1120, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1115 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-03 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN(S) 363- 540 -010, 0119 012 AND 013 FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT TO C -2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE. Page Thirty -two — City Council Minutes — May 25, 2004 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COMMERCIAL DESIGN REVIEW BASED ON THE FINDINGS, EXHIBITS AND CONDITIONS OF APPROVAL: GENERAL CONDITIONS The applicant shall defend, indemnify, and hold harmless the City, its officials, officers, employees, and /or agents from any claim, action, or proceeding against the City, its officials, officers, employees, or agents concerning the project attached hereto, which action is brought forward within the time period provided for in California Government Code Section 65009 and Public Resources Code Section 21167. PLANNING DIVISION 2. Approval of the identified project applications will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial project approval upon application by the developer one (1) month prior to expiration. I All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. i Page Thirty -three — City Council Minutes — May 25, 2004 4. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/ City Council through subsequent action. 5. Structures shall be placed on -site as depicted on the site plan and /or as modified by the Community Development Director or designee. 6. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 7:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 7. The use of an outdoor public address system shall tia+ be a4owed be used for emergency purposes only. (Amended at the May 4, 2004 Planning Commission Meeting) 8. The applicant shall not allow test driving of vehicles by customers and /or employees through residential areas. All test driving traffic shall be directed to Auto Center Drive, major arterial streets and to the I -15 freeway. 9. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 10. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 11. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 12. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 13. Painted arrows on the asphalt shall be located at all internal drive aisles. Page Thirty -four — City Council Minutes — May 25, 2004 14. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 15. 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. 16. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to match the architecture of the building. 17. All exterior downspouts shall be painted to match the building color. 18. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 19. All signage proposed for the facility shall be designed in conformance with Uniform Sign Program No. USP 2004 -03 and shall be approved by the Community Development Director or designee. 20. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 21. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 22. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. Page Thirty -five — City Council Minutes — May 25, 2004 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. 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, prior to issuance of building permit. A Landscape Plan Check Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 9/6). a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty -four -inch (24 ") box in size. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. Page Thirty -six — City Council Minutes — May 25, 2004 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. 25. Plant palette shall substantially match the neighboring plant palette featured along Collier Avenue. 26. The applicant shall comply with all mitigation measures identified in the Mitigation Monitoring Program for Mitigated Negative Declaration No. MND 2004 -04. 27. The applicant shall comply with Chapter 17.98 of the Lake Elsinore Municipal Code (LEMC) regarding all temporary use activities. ENGINEERING DIVISION 28. Dedicate right -of -way and construct full half width improvements on Auto Center Drive. Right -of -way dedication and improvements shall be consistent with general plan circulation element for a major roadway. 29. Dedicate right -of -way and construct full half width improvements on Franklin Street. Dedications and improvements shall be consistent with general plan circulation element for a major roadway. Page Thirty -seven — City Council Minutes — May 25, 2004 30. Dedicate right -of -way and construct full half width plus one twelve -foot (12 ft) lane Avenue 7. Dedication and right -of -way shall be consistent with the City's local street standard. 31. Provide detention and desiltation basin sized to detain the increase in the 100 year storm flow between the developed and undeveloped site condition. 32. The slope on the east side of the project shall be improved with long -term erosion control planting. 33. The outlet drainage pipe on the east slope of the project shall be improved such that the outlet condition slows the discharge to a non - erosive velocity and that the down stream property owner is protected from the 100 -year storm flows. The existing outlet restriction shall be removed unless the applicant can demonstrate that the pipe was designed and constructed to accommodate pressure flow. 34. A traffic signal shall be constructed by the project with appropriate credits based on fare share and project frontage. 35. Sight distance for ingress / egress at all driveways shall be unobstructed. 36. Parking shall not be allowed on Auto Center Drive and Franklin Street within 250 feet of the intersection. 37. Provide for on -site unloading of inventory. 38. 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 fnap approva issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 39. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. Page Thirty -eight — City Council Minutes — May 25, 2004 40. All street improvements, itteluding traffie signals, funetioning shall be installed prior to certificate of occupancy. (Amended at the May 4, 2004 Planning Commission Meeting) 41. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 42. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to €ftA map appr- issuance of certificate of occupancy building permit (LEMC 16.34). SEW (Amended at the May 4, 2004 Planning Commission Meeting) (Amended at the May 25, 2004 City Council Meeting) 44. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34) . 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds within 60 days of City Council approval prior to 1 issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) (Amended at the May 25, 2004 City Council Meeting) 46. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8'/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. _ Page Thirty -nine — City Council Minutes — May 25, 2004 47. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 48. Applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to final ffiap approval issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 49. 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. 50. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. 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 development. 54. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 55. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Page Forty — City Council Minutes — May 25, 2004 56. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 57. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 58. An Alquis -Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 59. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 60. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 61. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 62. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Page Forty -one — City Council Minutes — May 25, 2004 63. On -site drainage facilities located outside of road right -of -way shauld shall be contained within drainage easements. shewft en the final map. A note shatild be otdde4 te the final Drainage easetnetits shall be kept free of ". If applicable, a drainage easement shall be recorded witb Riverside County Recorders Office. (Amended at the May 4, 2004 Planning Commission Meeting) 64. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 65. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements of LEMC 15.68 regarding flood plain management. 67. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 68. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. 10 -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 71. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. Page Forty -two — City Council Minutes — May 25, 2004 73. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 74. Education guidelines and Best Management Practices (BMP) shall be provided to rig employees of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. (Amended at the May 4, 2004 Planning Commission Meeting) 75. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 76. 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. 77. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 78. Local streets shall have sixty (60) ft. right -of -way with forth (40) ft. curb -to- curb. Restricted local streets (cul -de -sacs) shall have fifty (50) feet right -of -way with thirty -six (36) ft. curb -to -curb and a three (3) ft. utility easement on each side. 79. Restricted local interior double- loaded streets shall not have less than a 50 ft. right -of -way with 36 ft. curb -to -curb and a 3 ft. utility easement on each side of the street. Single - loaded local streets shall not have less than a 45 ft. right -of- way with a 3 ft. utility easement and 36 ft. curb -to -curb. Page Forty -three — City Council Minutes — May 25, 2004 80. All parcels shall have direct access to public right -of -way or be provided with a minimum 30 ft ingress and egress easement to public right -of -way by separate instrument or through map recordation. 81. The fifial map shaR show the abandeftmefit of dedieatiefts of ptiblie right of way or eftsemefits by eertifieatiens en the wia-p-. (Amended at the May 4, 2004 Planning Commission Meeting) 82. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to €ifi tl issuance of building permit. (Amended at the May 4, 2004 Planning Commission Meeting) 83. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR &R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 84. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal. and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 23. Mitigated Negative Declaration No. 2004 -03; Specific Plan Amendment No. 93 -3 (Amendment #7); General Plan Amendment No. 2004 -04; Zone Change No. 2004 -05, Industrial Design Review No. 2004 -01; and Conditional Use Permit No: 2004 -02 for "Quality Foam Packaging, Inc." Resolution Nos. 2004- 32 and 33, and Ordinance Nos. 1121 and 1122. Page Forty -four — City Council Minutes — May 25, 2004 Mayor Buckley opened the public hearing at 8:15 p.m. Community Development Director Brady gave an overview of the project. He indicated the site was over 5 %z acres and was located on Corydon Road near Mission Trail. He noted that the building would be 70,000 square feet. He also noted that the design would be compatible to the existing development. He advised there would be some offsite improvements including the widening of Corydon. Mayor Buckley asked those persons in favor of the project to speak. No one spoke. Mayor Buckley asked those persons in opposition to the project to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the project to speak. No one spoke. .�. Councilman Hickman inquired about the fencing. Community Development Brady noted that the standard requirement was a six foot fence. Councilman Magee commented that Alesco Development had built beautiful products on Corydon Road and this was a continuation of that product style. He commented that he did not want the outside storage to become overwhelming or predominate in any way on the site. Mayor Pro Tem Kelley commented that the project looked great. Mayor Buckley closed the public hearing at 8:22 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-32: Page Forty -five — City Council Minutes — May 25, 2004 RESOLUTION NO. 2004-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-03 FOR THE PROJECT KNOWN AS SPECIFIC PLAN AMENDMENT NO. 93-3, AMENDMENT NO. 7; GENERAL PLAN AMENDMENT NO. 2004-04; ZONE CHANGE NO. 2004 -05; INDUSTRIAL DESIGN REVIEW NO. 2004-01; AND CONDITIONAL USE PERMIT NO. 2004-02, LOCATED AT ASSESSOR PARCEL NUMBER 373 - 050 -013. MOVED BY KELLEY, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1121, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 93 -3, AMENDMENT NO. 79 AN AMENDMENT FOR THE REMOVAL OF PARCELS WITHIN APPROVED LIBERTY SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 370 -050- 013. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE Page Forty -six — City Council Minutes — May 25, 2004 MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-33: RESOLUTION NO. 2004-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE ELEMENT FOR THE SECOND CYCLE OF THE CALENDAR YEAR 2004 FOR THE APPROVAL OF GENERAL PLAN AMENDMENT NO. 2004-04 AMENDING THE LAND USE DESIGNATION OF THE PARCEL SPECIFICALLY DESCRIBED AS APN 370 - 050 -013 FROM THE EAST LAKE SPECIFIC PLAN /GENERAL COMMERCIAL TO LIMITED INDUSTRIAL. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1122, UPON FIRST READING BY TITLE ONLY: ._. ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCEL SPECIFICALLY DESCRIBED AS APN 370 - 050 -013 FROM EAST LAKE SPECIFIC PLAN GENERAL COMMERCIAL TO M -1 LIMITED MANUFACTURING DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE Page Forty -seven — City Council Minutes — May 25, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN REVIEW, BASED ON THE FINDINGS, EXHIBITS AND CONDITIONS OF APPROVAL: GENERAL CONDITIONS The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Mitigated Negative Declaration No. 2004 -03. INDUSTRIAL DESIGN REVIEW The Industrial Design Review approval contained herein shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year, a building permit related to the "Design Review" is issued and construction commenced and diligently pursued toward completion. Notwithstanding conditions to the contrary, a "Design Review" granted pursuant to Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site which was the subject of the "Design Review" application. 4. Any alteration or expansion of a project for which there has been a "Design Review" approval as well as all applications for modification or other change in the conditions of approval of a "Design Review" shall be reviewed according to the provisions of Chapter 17.82 in a similar manner as a new application. Page Forty -eight — City Council Minutes — May 25, 2004 5. No structure which has received a "Design Review" or "Minor Design Review" approval shall be occupied or used in any manner or receive a Certificate of Occupancy until the Director of Community Development has determined that all Conditions of Approval have been complied with. 6. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 7. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division. 8. Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 9. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 10. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 11. All loading zones shall be clearly marked with yellow striping. 12. Applicant shall meet ADA (Americans with Disabilities Act) requirements. Page Forty -nine — City Council Minutes — May 25, 2004 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 14. No exterior roof ladders shall be permitted. 15. All exterior downspouts shall be concealed within the building. 16. 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. 17. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 18. On -site surface drainage shall not cross sidewalks. 19. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 20. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING /GRADING PERMITS 21. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will Page Fifty — City Council Minutes — May 25, 2004 be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in size. c. All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e. Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h. All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. ._ Page Fifty -one — City Council Minutes — May 25, 2004 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. 1. 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING 5. All 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. 6. Dedicate a 20' wide strip of additional street right -of -way along the frontage of Corydon Street to the City (for a total street right of way of 50' measured from center line) prior to issuance of building permit. _ 7. Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. Page Fifty -two — City Council Minutes — May 25, 2004 8. Pay all Capital Improvement and Plan Check fees (LEMC 16.34). The traffic mitigation fee is $49,003.50 ($0.70 /SF x 70,005 square feet) and the TUMF amount is $0.48 per square foot of total building area if building permit is issued after July 1, 2004, after July 1, 2005 the amount will be $.96 per square foot, and after July 1, 2006 it will be $1.45 per square foot. 9. 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. 10. Construct all public works improvements per approved street plans (LEMC Title 12) prior to issuance of occupancy permit. Plans must be approved and signed by the City Engineer prior to issuance of occupancy permit (LEMC 16.34). 11. Developer to construct street improvements from centerline of the Corydon Street to the right of way line at 50 feet from the centerline, as approved by the City of Lake Elsinore. 12. Provide soils, geology and seismic report including street structural section design recommendations. Provide final soils reports showing compliance with the recommendations during construction. 13. 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). 14. The developer shall pay in -lieu fee for one -half (1/2) construction of a landscaped fourteen foot (14') wide raised median, based on engineer's estimate and approved by the City Engineer. 15. The developer shall furnish a signing and striping plan for Corydon Street, subject to the approval of the City Traffic Engineer. The developer shall provide a stripped left turn pocket for the most westerly driveway. —' Page Fifty -three — City Council Minutes — May 25, 2004 16. The most easterly driveway on Corydon Street will be right- turn-in and right - turn-out only, with a raised median at entrance to the driveway prohibiting in or out left turns. 17. Work done under an encroachment permit for off -site improvements shall be delineated on the street improvement plans and approved and signed by the City Engineer prior to certificate of occupancy. 18. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 19. The driveway aisles should be designed so that at least 40 ft. is available between the street curb and the first parking stall in order to provide adequate on -site storage for entering vehicles. 20. All 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. 21. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 22. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 23. Applicant to provide erosion control measures as part of their grading plan. The applicant shall contribute to the protection of storm water quality and Page Fifty -four — City Council Minutes — May 25, 2004 shall meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 24. 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. 25. Provide fire protection facilities as required in writing by Riverside County Fire. 26. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 27. 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 drainage is being concentrated and erosion must be mitigated. 28. All 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. 29. Roofs should drain to a landscaped area whenever feasible. 30. Meet all requirements of LEMC 15.68 regarding floodplain management. The building's finish floor elevation must be at or above 1267 feet. No fill can be imported into the flood plain. 31. The applicant to provide FEMA elevation certificates prior to certificate of occupancy. 32. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC, Title 15). 33. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to issuance of building permits. Developer shall mitigate any Page Fifty -five — City Council Minutes — May 25, 2004 flooding and/or erosion downstream caused by development of the site and/or diversion of drainage. 34. All drainage facilities on this site shall be constructed to Riverside County Flood Control District Standards. 35. In the event that the project is located in a FEMA mapped flood area, waters from the 100 year storm shall be allowed to pass unrestricted. 36. The applicant shall process a LOMR -F, in the event onsite fill is located within the FEMA mapped flood area. 37. The developer shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits, the grading plans shall not be approved without the WDID identification number. 38. The developer 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. 39. 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 storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 40. The developer shall provide BMP's that will reduce storm water pollutants from parking areas and driveway aisles. Page Fifty -six — City Council Minutes — May 25, 2004 41. 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. COMMUNITY SERVICES DEPARTMENT 42. The applicant shall pay all park fees at $.10 per square foot. 43. The applicant shall comply with all City recycling construction and debris ordinances. 44. The applicant shall comply with all regulations pertaining to the National Pollution Discharge Elimination System (NPDES). RIVERSIDE COUNTY FIRE DEPARTMENT 68— 45. The applicant shall comply with all the Fire Department Conditions of Approval. CONDITIONAL USE PERMIT 46. The Conditional Use Permit contained herein shall lapse and shall become void one (1) year following the date on which the use permit became effective,, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. 47. The decision of the Commission shall be final ten (10) days from the date of the decision unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.80 of the LEMC. 48. An application for modification, expansion or other change in a Conditional Use Permit shall be reviewed according to the provisions of Chapter 17.74 _. Page Fifty -seven — City Council Minutes — May 25, 2004 (Conditional Use Permits) of the LEMC in a similar manner as a new application. 49. Upon violation of any applicable provision of the LEMC, or, if granted subject to conditions, upon failure to comply with conditions, the Conditional Use Permit shall be suspended as follows: The Planning Commission shall notify, in writing, the holder of the Conditional Use Permit of its intention to hold a hearing to consider revocation of the Use Permit. Said notice shall be made at least ten (10) days prior to the actual date of the hearing. At the hearing the Commission shall consider evidence from all interested parties and after deliberation if not satisfied that the regulations, general provisions, or condition is being complied with, may revoke the Conditional Use Permit or take such action as may be necessary to ensure compliance with, the regulations, general provisions or condition. Within five (5) days following the date of a decision of the Commission revoking a Use Permit, the secretary shall transmit to the applicant and City Council written notice of the decision. The decision shall become final fifteen (15) days following the date on which the use permit was revoked unless an appeal has been filed. 50. Notwithstanding conditions to the contrary, the Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the Conditional Use Permit application. 51. The hours of operation for the use shall be limited to the hours of operation expressed within the Business Plan submitted (Exhibit G) 52. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 i' decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. Page Fifty -eight — City Council Minutes — May 25, 2004 53. The outdoor storage area is permitted only in conjunction with and as an integral aspect of a permitted use and shall not be the primary use of the property. 54. No materials shall be stored higher than the screen. 55. The storage areas proposed shall not encroach upon parking, landscaping, drive aisles, required truck loading areas or required yard areas. 56. No storage of scrap, waste or other material not utilized in the production process is permitted. 57. No storage area shall be located within fifty feet (50') of a property upon which there is a residential use. 24. Proposed Ramsgate Drive Name Change to Rosetta Canyon Drive - Resolution No. 2004 -34. —• Mayor Buckley opened the public hearing at 8:24 p.m. City Manager Watenpaugh gave an overview of the item and deferred to Community Development Director Brady. Community Development Director Brady noted there was no problem with the name change. Chris Holmquist, CENTEX Homes, commented that the Ramsgate Specific Plan was an old plan and their marketing department decided to change it to a new marketing name of Rosetta Canyon. He requested Council approved the name change. Mayor Buckley asked those persons in favor of the request to speak. No one spoke. Page Fifty -nine — City Council Minutes — May 25, 2004 Mayor Buckley asked those persons in opposition to the request to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on the request to speak. No one spoke. Mayor Buckley closed the public hearing at 8:26 p.m. Councilman Magee noted that the applicant verbally requested the name change to Rosetta Canyon Road; and the application before Council stated Rosetta Canyon Drive. Mr. Holmquist confirmed the application was correct the change was Rosetta Canyon Drive. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION No. 2004 -34: RESOLUTION NO. 2004-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE STREET NAME OF RAMSGATE DRIVE FROM THE INTERSECTION OF HIGHWAY 74 TO ROSETTA CANYON DRIVE. 25. Public Hearing- Resolution Determining the Validity of Prior Proceedings relating to Annexation of Property into City of Lake Elsinore Community Facilities District No. 2003 -1. (F:22.3) Mayor Buckley opened the public hearing at 8:27 p.m. Administrative Services Director Pressey gave an overview of the item. He noted City Center Townhomes Phase II will add 60 units and generate about $9,000 annually; and Viscaya will add 170 single family units and 126 multi- _ family apartments and generate about $69,900 annually. Page Sixty — City Council Minutes — May 25, 2004 Mayor Buckley asked those persons in favor of this item to speak. No one spoke. Mayor Buckley asked those persons in opposition to this item to speak. No one spoke. Mayor Buckley asked those persons wishing to speak at all on this item to speak. No one spoke. Mayor Buckley closed the public hearing at 8:29 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-35: RESOLUTION NO. 2004-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THE VALIDITY OF PRIOR PROCEEDINGS RELATING TO ANNEXATION OF PROPERTY INTO CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION No. 2004 -36: RESOLUTION NO. 2004-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CALLING A SPECIAL ELECTION Page Sixty -one — City Council Minutes — May 25, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION No. 2004 -37: RESOLUTION NO. 2004-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING ON BEHALF OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) CANVASSING THE RESULTS OF THE ELECTION HELD WITHIN ANNEXATION AREA NO.7 (CITY CENTER TOWNHOMES PHASE II) AND ANNEXATION AREA NO. 8 (VISCAYA) ANNEXED TO SAID DISTRICT THE MEETING WAS RECESSED AT 8:32 P.M. THE MEETING RECONVENED AT 8:45 P.M. Mayor Buckley asked Deputy City Clerk Ray to read the results of the election. Deputy City Clerk Ray stated according to the results 100% of the property owners were in support. MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1123, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.7 NO.8(VISCAYA) ANNEXED TO SAID DISTRICT Page Sixty -two — City Council Minutes — May 25, 2004 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE BUSINESS ITEMS 31. Second Reading- Ordinance 1119 — Levy of Special Tax in CFD 2004 -1 (City Center Townhomes. (17:22.3) MOVED BY KELLEY, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 11199 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1119 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AUTHORIZING THE LEVY OF A SPECIAL TAX. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS NONE Page Sixty -three — City Council Minutes — May 25, 2004 32. License Agreement for Ingress and Egress from Cultural Center. (F:68.1)(X:48.1) City Manager Watenpaugh gave an overview of the item. He noted the reason for the access was to provide a second emergency access to the basement of the Cultural Center to accommodate the Historical Society. He also noted that was not required to meet handicapped requirements. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE LICENSE WITH MINOR MODIFICATIONS AS APPROVED BY THE CITY ATTORNEY & AUTHORIZED THE MAYOR TO EXECUTE THE LICENSE. 33. Appointment of Electoral Reform Committee Chairman. (F:59.8) Mayor Buckley gave an overview of the item and note that his original appointee was moving out of the City. He indicated that he would be appointing Ruth Atkins as the Chairwoman. 34. Formation of Sub - Committee for Planning Commission Appointments. (F:60.2)(X:44.1) Mayor Buckley indicated that there were 3 terms ending June, 2004, for the Planning Commission; and six individuals had applied for those seats. He noted the screening process had been done a number of different ways in the past. He commented it was suggested at the 4 p.m. study session that a sub- committee of two Councilmember's conduct interviews with the applicants; and bring back recommendations to the Council. Councilman Schiffner recommended that Mayor Pro Tem Kelley and Councilman Magee be appointed as a committee to conduct the interviews and bring back a recommendation to the Council. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPOINT MAYOR PRO TEM KELLEY AND COUNCILMAN MAGEE AS THE SUB - COMMITTEE. Page Sixty -four — City Council Minutes — May 25, 2004 ITEM PULLED FROM THE CONSENT CALENDAR 5. Request for Intervenor Status before the Federal EnergyRRe ug latory Commission regarding the Lake Elsinore Advanced Pumped Storage Project (F:164.5) City Attorney Leibold gave an overview of the item. She noted that the item before Council was a request for intervenor status. She noted it did not imply any particular position on the project. Peter Dawson, expressed hopes that Council would listen to Legal Counsel and protect all the City's legal rights. He noted that he suspected this project would go through; and there were many alternatives that could improve conditions for the City and Lakeland Village; but not necessarily a benefit for EVMWD. He noted that barring the electrical system would be a benefit to protecting the hang gliding community and fire protection. He indicated that the Water District would not want to increase their costs. He expressed his concerns with securing water from legal capturing in case of a major drought. City Attorney Leibold reiterated that the City had not taken a position to support or oppose the project. She explained that the City had filed a letter requesting some additional scientific studies and had directed the City Attorney's Office to remain informed on the project and to advise to the City Council on a regular basis. Councilman Schiffner suggested providing Mr. Dawson with a copy of the letter the City Attorney sent to FERC. City Attorney Leibold agreed and suggested a copy for Barbara Dye as well. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PREPARATION OF A REQUEST TO FERC THAT THE CITY BE DESIGNATED AS AN INTERVENOR IN THE LEAPS APPLICATION PROCESS. Page Sixty -five — City Council Minutes — May 25, 2004 PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Edith Stafford, 29700 Hursh, Lake Elsinore commented that she would be opposed to approving a budget that continued to carry a deficit. She indicated that she did not understand why a City using public funds would attempt to entertain the idea of carrying a deficit. She noted that only in a case of emergency a deficit might be considered. She commented that she would support the idea of not having a deficit. She noted that the budget needed to be balanced. She further commented that law enforcement seemed to think they could spend the money any way they chose. She indicated that she was appointing herself a "watch dog" of the City's finance. CITY MANAGER COMMENTS City Manager Watenpaugh complimented the Council on approving the items listed on the agenda. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS City Treasurer Weber inquired about the Professional Services Agreement with HDL Companies under the RDA agenda. Councilman Hickman explained it would be discussed at the next RDA Committee meeting. COUNCILMEMBER COMMENTS Mayor Pro Tem Kelley commented on the Summer Concert Series; and notyed that donations were being accepted by the Elsinore Valley Arts Network. Page Sixty -six — City Council Minutes — May 25, 2004 Councilman Magee commented on the projects that Council had approved on the agenda. He noted those projects would bring potentially more than $2 million in sales tax revenue each year. He complimented City staff on the maintenance of City owned property around the lake. He requested an update on the Corydon Road improvements, and noted there had been no action since April 18, 2004. He commented that he was thrilled when the Mayor elected Mr. David Walsh to the Electoral Reform Committee; and noted that his participation in the democratic process would be missed. Councilman Hickman commented that he attended the Elks Club scholarship awards. He noted they gave out close to $17,000 to Elsinore students. Councilman Schiffner commented that the projects Council approved on the agenda would be a great improvement to the City. Mayor Buckley listed all the business that were approved on the agenda and commented that they would bring jobs and income to the City. He noted that he -- did return Mrs. Wojcik's phone call. ADJOURNMENT MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:00 P.M. THOMAS BUUPMEY, MAYOR CITY OF L E ELSINORE Page Sixty -seven — City Council Minutes — May 25, 2004 Respectfully submitted, Frederick Ray, Deputy City Clerk AT EST: VICKI KASAD, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 89 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:20 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: ' COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Recreation & Tourism Manager Fazzio and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk. (F:42.1) City Attorney Leibold announced the Closed Session discussion as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:21 P.M. Page Two — City Council Minutes — June 8, 2004 The Closed Session discussion was completed at 7:02 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7: 11 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, W.W. City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information & Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT City Attorney Leibold announced that the Council met in Closed Session for discussion of the item as listed on the agenda; and there was no reportable action. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Elder Arthur Lewis. INVOCATION - MOMENT OF SILENCE -- Page Three — City Council Minutes - June 8, 2004 Mayor Buckley led the meeting in a moment of silent reflection in memory of former President Ronald Reagan and his family. PRESENTATIONS /CEREMONIALS a. Proclamation - Temescal Canyon High School Freshman Baseball Team. (F: 122. 1)(X: 142. 1) Mayor Buckley called the Temescal Canyon High School Freshman Baseball Team players forward for recognition. He read and presented Proclamations to the following team members: Matt Lunn, Anthony Lopez, Matt Larkins, Sam Hirbour, Joey Benza, Alex Aunchman, Corey Fischer, Sean Dufford, Oseguera Marlon, Nick Vodrey, Shayne Robinson, Bryce Reid, Quinn Neal, Craig Neal, and Dane Gioia. Team members Sergio Villareal, and Spenser Sostre were not present for recognition. Mayor Buckley then called the coaching staff forward. Principal Kelleher and Athletic Director Burt were not present for recognition. Mayor Buckley presented Proclamations to Head Coach Kruger, Team Coach Mark Carlston and Assistant Coach Rick Sisco. Coach Carlston thanked the City staff, Council and Mayor for this recognition. He thanked the Principal, Athletic Director and Coach Kruger for the opportunity to coach this team. He compared the baseball team to the City Council and stressed the teamwork required to achieve the goal and win the first Southwestern Championship for Temescal Canyon High School. b. Presentation - Korn Memorial Scholarships. (F:56.2) Information/Communications Manager Dennis commented on the annual opportunity to choose scholarship winners; and explained the Korn Memorial Scholarship which was left in trust to the City of Lake Elsinore for the provision of scholarships. He further explained that the scholarships were intended for students entering the health, science and skilled nursing fields. He indicated that the scholarships being presented were $1,000 each and called the winners forward for recognition. Page Four — City Council Minutes — June 8, 2004 Scholarship winners Jill Haney from Temescal Canyon High School and Rafael Ayala from Elsinore High School were present for recognition. Winners Gregory Ohnersorgem from Temescal Canyon and Nathan Stuckey from Elsinore High School were not present for recognition. Mayor Buckley noted that the two students present were also recognized recently for Student of the Year Scholarships by the Chamber of Commerce. Jillian Haney noted that both she and Rafael were going to UC San Diego; and indicated that she was honored to be recognized by the City. Rafael Ayala indicated that he saw this award as a privilege, and it would assist him greatly at UCSD. He thanked the City for making this possible. C. Proclamation - Paula Graver. (F:122.1) Mayor Buckley read and presented the proclamation to Paula Graver and Babooshka. Ms. Graver thanked the City for this Proclamation and noted her love for Lake Elsinore. She noted that the rallies began in 2003 and were continuing until all military personnel have returned from harm's way. She detailed the continuing efforts to support the troops including care packages. d. Chamber of Commerce Update. (F:108.4) Jack McColley, President, Lake Elsinore Valley Chamber of Commerce, provided an update on Chamber activities including the Third Annual Student of the Year event. He congratulated the six Student of the Year winners, and noted that they each received $1,000 scholarships. He detailed the sponsors who provided the scholarships and the Elsinore First Assembly for allowing them to use the facility. He commended Sally Meyers as the founder of the Student of the Month program. He announced the EDC Luncheon this Thursday at 11:30 a.m., and indicated that it would include a community briefing by City personnel. He indicated that the new Page Five — City Council Minutes — June 8, 2004 marketing video would also be presented. He announced the June Business of the Month, being the Lake Elsinore Historical Society. He also announced that the next Mixer would be hosted by the Lake Elsinore Storm on June 24th at the Diamond Club. He also noted that the July mixer host was unable to hold the mixer and noted that the July 22nd date was open if someone was able to host it. Mayor Buckley suggested that the City could host the, July Mixer. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE Peter Dawson, 18010 Grand Avenue, noted that it was a great holiday weekend for Memorial Day, but indicated that there were two problems which were avoidable. He advised that there was a boat fire with a burn victim, and suggested that it could have been avoided if they had attended the boating school. He indicated that the next holiday would be July 4th; and noted that the community and staff were working hard to accommodate the event and provide the boat parade and fireworks. He indicated that the Lake would be closing at 6:30 p.m. on the 4th to accommodate the events. Elder Lewis and Tim Fleming, representing the NAACP, announced the Juneteeth event at Yarborough Park. He indicated that there would be live music, vendors and food; and detailed the history of the event. He noted that the Juneteenth event was the inspiration for the 13th and 14th Amendment to the Constitution. They invited everyone to attend. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 4, 5, & 35. CONSENT CALENDAR Page Six — City Council Minutes — June 8, 2004 The following. items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 & 5. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were received and ordered filed: a. Planning Commission Minutes - May 18, 2004. (17:60.3) 2. Ratified Warrant List for May 28, 2004. (F:12.3) 3. Received and ordered filed the Investment Report for April, 2004. (F:12.5) --- ITEMS PULLED FROM THE CONSENT CALENDAR 4. Purchase Authorization - Diamond Stadium Furniture. (F: 134.10)(X: 30.1) City Manager Watenpaugh explained that this was a request for bar stools in the suites. Community Services Director Sapp detailed the bid process to purchase replacement furniture for the Diamond Club and Suites. He explained that the Club was short about 37 chairs due to usage and damage; and noted that the furniture was all eleven years old. He further noted that over 700 games had been played in that time and there had been numerous rentals of the facility which have taken the toll on the furniture. He indicated that this process included the advertisement of a RFP and two proposals were received. He advised that the funding for the purchase was included in the 2003 -04 budget. Edith Stafford, 29700 Hursh, noted that she asked a question at the study session, and heard an explanation, but she also heard that it was not in the -- Page Seven — City Council Minutes — June 8, 2004 2003 -04 or 2004 -05 budget, but there was an agreement to do it. She questioned why the matter was on the agenda tonight. Councilman Magee noted that the Council would be considering the possible sale of the Stadium later in this meeting; and although the funding was available in the current year, with the potential sale he questioned the consideration. He suggested that even if the furniture was ordered today, it would not be in place for the current season. MOVED BY MAGEE, SECONDED BY HICKMAN TO CONTINUE THIS ITEM FOR THIRTY DAYS. Councilman Hickman clarified that the money was in the 2003 -04 budget, but it could be carried over. Staff confirmed. City Manager Watenpaugh questioned the timing for the bids. Community Services Director Sapp indicated that they should be good for 30 days. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 5. City -Wide Lighting and Landscaping Maintenance District Fiscal Year 2003 -04 - Approval of Engineer's Report and Resolution of Intention - Resolution No. 2004 -39 and 2004 -40. (F:22.2) City Manager Watenpaugh noted that there was a request for a check on the timing for adoption of this item. Administrative Services Director Pressey noted that the Harris and Associates representatives were present. He explained that this item set the public hearing for approval of the annual assessment. He advised that it was about $1.2 million for tree trimming, lighting and landscaping. He noted the questions from the earlier study session and indicated that the maps were the originals prepared and adopted by the Council. He indicated that there were plans to update the maps and put them in the GIS system for Page Eight — City Council Minutes — June 8, 2004 more detail and clarity. He noted that Councilman Magee's question would be investigated by staff. Councilman Magee confirmed that he had the opportunity to speak with Mr. Pressey and Mr. Anderson and they would be revising the maps for the next go around. He noted that Mr. Pressey had tasked him with providing the information publicly and indicated that the developments not illustrated included Alesco Development, Serenity Homes, Lago de Oro and the Reflections tract. He indicated that he was comfortable that his concerns would be resolved. Councilman Hickman questioned why with all the new developments the LLMD was not reduced. Mr. Anderson indicated that the District was formed prior to the Constitutional Amendment of Proposition 218, and could not be changed; so new developments could not be included in the current District. He explained that if the Council wanted them included, they had to form a completely new LLMD. Councilman Hickman noted that he resides in Tuscany Hills and it was expanding; and inquired if it would be wise to have that area change and request a reconfiguration. Mr. Anderson suggested looking at such an action when the north side of Tuscany Hills develops, to see if the costs could be recouped. Mayor Buckley noted that the large developments were annexing into the new District. Mr. Anderson confirmed. Edith Stafford, 29700 Hursh, commented that one of her concerns was answered, but she was going to recommend a change to the City -wide lighting to make it more balanced, so everyone was paying about the same amount., She indicated that she would like the Council to look into that possibility, as they had the power to change the process. Mayor Buckley noted that the District and fees were based on specific area services such as lighting and landscaping; so balancing the areas would not be fair because the services were not the same. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY Page Nine — City Council Minutes — June 8, 2004 UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-39: RESOLUTION NO. 2004-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE ENGINEER'S "REPORT" FOR THE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2004 -05 IN A DISTRICT WITHIN SAID CITY. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-40: RESOLUTION NO. 2004-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON. PUBLIC HEARINGS None. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1120 - Zone Change 2004 -03. (F:58.2)(X:172.1) MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1120, UPON SECOND READING BY TITLE ONLY: Page Ten — City Council Minutes — June 8, 2004 ORDINANCE NO. 1120 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-03 CHANGING THE ZONING DESIGNATION OF A PARCEL SPECIFICALLY DESCRIBED AS APN (S) 363- 540 -0109 0119 012 AND 013 FROM R -1 SINGLE FAMILY RESIDENTIAL DISTRICT TO C -2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE. (LAKE CHEVROLET) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readiniz - Ordinance No. 1121 - Specific Plan No. 93 -3 Amendment No. 7. (F:150.2) MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1121 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1121 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING SPECIFIC PLAN NO. 93-3, AMENDMENT NO. 79 AN AMENDMENT FOR THE REMOVAL OF PARCELS WITHIN APPROVED LIBERTY Page Eleven — City Council Minutes — June 8, 2004 SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 370 - 050 -013 (QUALITY FOAM PACKAGING, INC.) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1122 - Zone Change 2004 -04. (F:58.2)(X:172.1) MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1122, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCEL SPECIFICALLY DESCRIBED AS APN 370 - 050 -013 FROM EAST LAKE SPECIFIC PLAN GENERAL COMMERCIAL TO M -1 LIMITED MANUFACTURING DISTRICT UNDER THE ZONING ORDINANCE. (QUALITY FOAM PACKAGING, INC.) UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, Page Twelve — City Council Minutes — June 8, 2004 MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Second Reading - Ordinance No. 1123 - Community Facilities District No. 2003 -1, Annexations 7 and 8. (F:22.3) MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1123, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1123 •-- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ACTING AS THE LEGISLATIVE BODY OF CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE AND PARAMEDIC SERVICES) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN ANNEXATION AREA NO.7 (CITY CENTER TOWNHOMES PHASE II) AND ANNEXATION AREA NO.8 (VISCAYA) AS ANNEXED TO SAID DISTRICT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE Page Thirteen — City Council Minutes — June 8, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 35. General Fund Operating_ Budget and LLMD Operating_ Budget for Fiscal Years 2004 -05 and 2005 -06 and Capital Improvement Projects (CIP) Budget for FY 2005 through . (F:30. 1)(X:30.3) City Manager Watenpaugh provided an overview of the two budget study sessions held previously and noted that the Council had either personally reviewed the budget line by line or asked general questions. He noted that there were some challenges which were addressed and indicated that staff had come up with several new revenue sources. He provided a brief overview of the budget for the public, and detailed the projected revenues and expenditures for the two year General Fund and LLMD budgets and the seven year CIP budget. Administrative Services Director Pressey commented that the main thrust of the two year budget was continued growth and maintaining services to keep pace with the growth in the community. He noted that this budget included significant growth for public safety including Police and Fire, and for Community Development; and pointed out that the other departments had reduced their budgets. He highlighted page 10 of the handout, noting that there were total reductions of about $1 million, but there were also increases to meet the continued demands of a growing community. He noted the new revenue sources, not seen in the past; and explained that in light of the State budget crisis and take -away of funds, the City was faced with the challenge of a balanced budget. He commented that the Council had made it a primary goal to have a balanced budget in each fiscal year, and that goal had been "accomplished with revisions since the last meeting. He addressed the future growth and noted that increased public safety would continue each year to keep up with the ratio of one officer per one thousand residents. He indicated that the changes since the last discussion were identified on page 5 of 105, as discussed at Agenda Review. He Page Fourteen — City Council Minutes — June 8, 2004 commented that the most significant changes were in the DAG fees from Development Agreements, which is one time revenue. Edith Stafford, 29700 Hursh, indicated that her concern on the budget was that it seemed to have taken a very strange turn since May 20th. She expressed concern with incorporating something in the budget that was promised, but had not yet broken ground. She indicated that in her opinion, this was a gamble, and requested trying to make up the $1.2 million shortfall in a different manner. She indicated that incorporating development was not a good idea; and stressed that the Council should scrutinize the budget carefully. She stressed that the people wanted reform and a balanced budget; and suggested that government agencies should not spend any more than they take in, as it was a gamble. She further stressed that the budget should be balanced and unnecessary things should be cut. She indicated that government agencies should be more concerned about the public's money. She stressed that the public works hard and pays taxes, so they should get the full benefit of what they are paying taxes for. City Treasurer Weber addressed the study session on May 20th and concurred that the budget had changed quite a bit. He indicated that there were increases in all departments, and not decreases except in two departments, being Administrative Services and the Lake. He stressed that there was a $1.2 million shortfall on May 20th. He suggested that there was a proposal for decreasing expenditures and no one would have lost jobs; and the City would have been in good shape fiscally. He addressed the DAG fees from developers and indicated that they should be used as one time fees for capital related items and items other than general fund items. He indicated that it was sad that the dollars were being used for operational items. He suggested that the City was loosing an opportunity to do other work that was needed; and it was a dangerous practice to use these funds to pay for staff at City Hall and daily operating expenses. He indicated that while some cuts were made in different departments, they were only on top of the increases. He indicated that the $1.2 million was not a cutting measure, but rather it was to stop the building up of government. He �. Page Fifteen — City Council Minutes — June 8, 2004 suggested that the new money be used for capital improvements and infrastructure. Councilman Schiffner asked the City Manager to explain the difference between this budget and the one presented at the last meeting; where the money came from and how much surplus was left. City Manager Watenpaugh explained that the DAG fees are paid for large specific plans, based on agreements made several years ago. He noted that on several of the projects, such as Centex, the DAG fees are unrestricted and can be spent on whatever the Council wants to spend them. He indicated that based on the goals set for him, and an effort to keep the City operating at current capacity, he was recommending they be used in this way. He commented that the General Plan needed to be updated; and noted that it would seem unusual'to cut the budget, when the community was growing by 6% and bringing in more housing and more jobs. He indicated that there was $5.1 million set aside in unallocated revenues and reserves, which he would suggest remain unallocated. He stressed that the City's budget was no different from a household budget. He advised that staff's recommendation was based on moving the City forward and continuing to add services to a growing City. He indicated that staff had looked at all of the revenue streams to make sure they were accurate and suggested that the City was two years ahead of the original strategic plan set in place over seven years ago. He stressed that dollars had not been squandered and the budgets had continued to show improvements. He further stressed that staff had done a great job of giving good service. Councilman Schiffner questioned the reserves. City Manager Watenpaugh advised that the reserves were stable at $3 million, but there was an additional $2.1 million in unallocated revenues in case of emergency. He indicated that was a substantial cushion to take care of emergencies. He reiterated that preparing a budget for municipal government was much like developing a household budget, based on the projections of what the organization believes it will receive based on past history. He indicated Page Sixteen — City Council Minutes — June 8, 2004 that the projections were also based on the building permits being pulled and the building that will occur in the next twelve months. He stressed that the projections were based on the known growth factors and noted that a percentage had been calculated into the sales taxes to account for the growth that would occur. Councilman Schiffner expressed difficulty in understanding the belief that this was not a balanced budget. Councilman Hickman addressed the comments by City Treasurer Weber, and indicated that he was saying that Community Development had been taken out of the budget to save $1.9 million, and revenues from the DAG fees, which are one time fees that were added for $1.4 million over two years. He indicated that his concern was that while there was a balanced budget, he believed it could fund capital things with reserve funds, but not operational items from reserves. He indicated that this budget was giving CPI raises and merit raises, and suggested that certain departments did not deserve merit raises. He indicated that the citizens were not happy with certain things and the citizens are the real bosses. He indicated that he was in a quandary, but he had to work with Mr. Pressey, as he was still on his honeymoon with the Council. He commented that he was leery of some of the figures, but would wait and see. Councilman Magee indicated that he shared his concerns with the City Manager before the meeting today; and while he is pleased with the final product, he was uncomfortable with the process which occurred since May 20th. He expressed hopes for an improved level of communication in this area with the City Manager to ease his discomfort. He commented that the budget as presented provided for significant increases to Police and Fire services, increases to Economic Development and the Lake & Aquatics Department. He indicated that it also included improvements to infrastructure including street maintenance, traffic lights, landscaping, new parks and money for design of I- 15/Railroad Canyon. He further indicated Page Seventeen — City Council Minutes — June 8, 2004 that there was an increase in the Community Development staffing to keep pace with the City's rapid growth. He advised that the budget allowed for updates'to the aging General Plan, and maintained the commitment to Community Service. He stressed that this was a balanced budget for the first time in several years. He indicated that the Council and staff had spent a lot of time and he was proud of the work in support of the document. Mayor Pro Tem Kelley noted that there had been several Study Sessions and this had, been a tedious process. She commended Councilman Magee on his suggestions to Council at the last meeting. She indicated that everyone had an opportunity to meet with the City Manager and get answers or propose their own resolutions to the budget. She highlighted the budget and noted the carry -over to the start of the year of over $1 million; and stressed that the City was growing. She commented that growth requires services, and technology was needed to meet the demands as the City grows. She noted that this budget was adding 3 -1/2 police officers and a 90% increase in the fire budget for nine new firemen. She stressed that there was still $3 million in reserves, as well as extra unallocated revenues; and noted that from her experience the staff was very conservative with their projections. She also noted that every year for the last five years, the City had allocated $40,000 to the library and the loan from the library fund continued to be repaid. She indicated that the Community Services events were all reinstated and staff would be going forward with the Information Technology System upgrade to better meet the demands. She further indicated that the General Plan update needed to move forward on a fast track, due to the MSHCP, and noted that she would like to reinstate the Lake Safety Study in the budget. Administrative Services Director Pressey indicated that the Study was still included in the Lake Budget. Mayor Pro Tem Kelley commented that she didn't want to sacrifice services when the City was growing. She indicated that she was happy with the unallocated revenues being carried forward and would be supporting the budget as presented. Page Eighteen – City Council Minutes – June 8, 2004 Councilman Magee noted that Mayor Pro Tem. Kelley brought up an issue that gets under his skin. He clarified that the Information Technology Strategy was not voted on by the majority of the Council, as staff and a former Council had a study session after he was elected and before he was seated, so he was not able to vote on that issue. Councilman Hickman noted his concern for a balanced budget and indicated that he was concerned with how staff found revenues the Council was never informed of in the past. He questioned if there were any other new revenues out there. Mr. Pressey indicated that there were not. Councilman Hickman commented that he appreciated the balanced budget. Mayor Buckley inquired how much sales tax from Costco had been included in the budget. Mr. Pressey indicated that there was a very small portion, as the store would be coming on line in July, 2005. He clarified that there was only a small amount in the 2005 -06 budget, due to the existing sales tax -� agreement. Mayor Buckley noted a decrease in property tax revenues. Mr. Pressey commented that was due to the State shifting tax dollars. City Manager Watenpaugh noted the "triple flip" shift of dollars; and generally clarified the increases and decreases in revenues. Mayor Buckley questioned the capital improvements for Railroad Canyon, and if extra money was included for re- striping. City Manager Watenpaugh indicated that the funds were only for the planning portion of the work. Community Development Director Brady indicated that funds had been included for interim improvements. Mr. Pressey indicated that he was ready to address the property tax issue and explained that the property tax line included secured and unsecured taxes for the prior year and the current year. He indicated that staff was not sure they could count on the revenue next year. Mayor Buckley inquired if it was counted in the past. Mr. Pressey indicated that generally when the money is received it is a windfall situation, so it is not projected into the budget. Community Development Director Brady indicated that the interim improvements for Railroad Canyon were in the coming year's budget. Mayor Buckley questioned the need for a line to carry the funds over, like the Swick - Matich Restroom Reconstruction —, Page Nineteen — City Council Minutes — June 8, 2004 Project. Mr. Brady confirmed. City Manager Watenpaugh confirmed that they could be rolled over into next year's budget. Mayor Buckley addressed the DAG fees on page 8, and questioned if D.R. Horton in Tuscany Hills had 145 units. City Manager Watenpaugh indicated that included Pulte and D.R. Horton. Councilman Hickman indicated that it was 207 lots. Mr. Pressey clarified that there were 145 remaining lots in the planning process. Mayor Buckley noted that at the last study session he questioned the Council's ability to pay themselves a flat fee instead of a salary and suggested $500 per month. City Attorney Leibold indicated that the Council salary was dictated by the Government Code and it was capped. Mayor Buckley inquired if the benefits were included in the cap. City Attorney Leibold confirmed. Mayor Buckley addressed the capital for Spring Street and questioned the need for $100,000 for the sidewalk; and questioned the provision of magnesium chloride for the dirt streets. City Manager Watenpaugh inquired how much had been included in the budget for mag- chloride. Community Services Director Sapp indicated that there was $35,000 for about two miles of coverage. Councilman Hickman inquired if it would also be used for the parking areas at the parks. Mr. Sapp indicated that staff was going to do an application at Tuscany Hills Park. Councilman Hickman asked about Lakepoint Park. City Manager Watenpaugh indicated that area was private property. Councilman Hickman addressed the CIP budget and questioned the Lakeshore Drive shoulder drainage, and suggested it could be the cause of future lawsuits. Mr. Sapp indicated that it could be addressed if the Council so desired. Mayor Buckley questioned the cost. City Manager Watenpaugh clarified the proposal and suggested that there were several items such as Wilson Way, for which mag- chloride and drainage could not be very expensive. He indicated that staff would be happy to provide more Page Twenty — City Council Minutes — June 8, 2004 information at the next meeting. Councilman Hickman requested that information to prevent future lawsuits. Councilman Schiffner suggested that if things were being added to the budget, he would like to look at moving some of the traffic signals forward. He noted that some areas were very hazardous, particularly those on Grand Avenue. Mayor Buckley noted that there were two on Grand Avenue over the next two years. Mayor Buckley addressed the cost of personnel and inquired if staff was still planning on paying the Health/Wellness benefit, even though it was never approved by the City Council. City Manager Watenpaugh indicated that the benefit was funded. Mayor Buckley questioned why it was included, when it was not approved. City Manager Watenpaugh clarified that it was in the budget and staff had received it. Mayor Buckley suggested that if it was not approved, it should be eliminated. Councilman •- Schiffner noted the existence of Council Action. Mayor Buckley indicated that five people were authorized in that action, but there was not proof of changes approved in public. Councilman Magee indicated that he was sensitive to the concerns about this item. He noted the City Manager's memo which used the terms "speculate" and "assume ", and indicated that did not lead to confidence that it was ever addressed. He indicated that he would like to have the budget proceed tonight, but would like the City Manager to come back with a staff report and recommendation. He noted the verbiage in the resolution and the number of people; and commented that the money had tripled. He stressed that he would like a report and recommendation on how or if that should proceed. He also noted that the fourteen staff members who receive the benefit all have salaries of over $100,000, so he would look forward to the City Manager's report. Mayor Buckley indicated that it was quite interesting that he had been asking for a balanced budget for the last couple of years and finally got it, but questioned how it was balanced with influxes of one -time money. He indicated he was not sure that was a good idea. He commented that he was — Page Twenty -One — City Council Minutes — June 8, 2004 very uncomfortable with the sudden appearance of $1.2 million, and he was not sure that money would have been found or noticed if Mr. Magee had not specifically asked for $1.2 million in cuts, such as merit pay. He questioned how it got balanced, rather than why it got balanced and suggested that the ends did not justify the means. He questioned what to do with.it. Councilman Schiffner commented that in the budget as submitted there was over $1 million in unallocated revenues shown in the budget, but now it was $2.1 million. He stressed that there was already adequate money in the budget, but staff found other sources which had not been included. Mayor Buckley commented that there was enough to cover spending, but it was still spending more than was taken in. He indicated that the question was with the use of one -time money for ongoing expenses, what else could it have been used for; and suggested it should be used for one -time items. He commented as a side note, that he appreciated the multi -year budget, as multi -year budgets are great for planning purposes, but not for action. He suggested if the Council approved the budget, that they approve only 2004- 05 and not 2005 -06 at the same time. He indicated that he was always worried about the potential for loss of even more Council oversight. He indicated that he thought that the budget was something that should be done every year, but multi -years were great for the long term planning process. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE BUDGET AS. SUBMITTED. City Manager Watenpaugh reminded the Council that the budget was a fluid, living document which was a guide for staff; and noted that the new monitoring process had been implemented and much more information would be provided to Council on a regular basis. He stressed that they could modify or change the budget at any time. He commented that staff was trying to provide more information for a comfort level in making the decisions. Mayor Buckley noted that in his first years in office he was hearing "wait for the budget" a lot. Councilman Magee questioned the Page Twenty -Two — City Council Minutes — June 8, 2004 motion on the table, and suggested that it approve the first year, with the second year approved in concept only. There was general discussion of the nature of the budget, as a tool or a guide. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT THE 2004 -05 FISCAL YEAR BUDGET AND 2005 -06 BUDGET, AND THE CAPITAL IMPROVEMENT BUDGET, AS PRESENTED, WITH THE KNOWLEDGE THAT THE COUNCIL HAD FULL AUTHORITY TO OVERSEE ALL BUDGETS. Mayor Buckley questioned the term of the Capital Improvement Budget and if it was included in the approval. Councilman Schiffner commented that the budgets were reviewed every six months. Mayor Pro Tem Kelley commented that the Council requested a multi -year budget and a plan; and reminded the Council of the recent controls they had implemented. She -- indicated that she was comfortable with the adoption of the budgets, as they could be changed by Council action, at any time. Councilman Magee noted that he understood that they were adopting the 2004 -05, 2005 -06 and Capital Improvement Budget, but they would get to review the budgets at mid -year and budget year, every year, and adjust the increments any other time the majority of the Council chooses to do so. Council confirmed. City Manager Watenpaugh confirmed the process. Councilman Hickman questioned why staff wanted a two year budget, instead of a one year. City Manager Watenpaugh clarified that the multi- year budget was suggested by the Council in the past and staff was trying to bring it forward. Mayor Pro Tem Kelley indicated that Council asked staff to come forward with a plan; and stressed that this was what the Council requested and they had full control, every step of the way. Councilman Hickman inquired if the merit raises were automatic in 2005 -06. City Attorney Leibold noted that the employee contract comes up for renegotiation next year. Mayor Buckley confirmed that staff was asked to do a multi -year plan. _. Page Twenty -Three — City Council Minutes — June 8, 2004 Councilman Magee noted the increases for staff, and indicated that cost of living was automatic, but noted that the merit increases were subject to review and approval of the supervisors. He indicated that he would ask about the process next year and the number of approved increases and the number not approved, and the dollar amount. Councilman Hickman questioned the ability of the Council to supervise merit increases. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. Councilman Hickman indicated that he wanted a one year budget, but would approve a two year and hold staff's feet to the fire. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:05 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:22 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:23 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:25 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO THE REDEVELOPMENT AGENCY MEETING AT 9:26 PM. THE CITY COUNCIL MEETING RECONVENED AT 10:33 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES None. Page Twenty -Four — City Council Minutes — June 8, 2004 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Congratulated the Temescal Canyon High School Freshman Baseball Team and expressed hopes that the next three years would be as good for them. 2) Noted that the City Council addressed major issues at this meeting and complimented them on the manner in which they dealt with those tasks. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Congratulated the organization on the lease of the Stadium; and noted their participation in baseball leagues for children. He commented that while it was a challenge, if the City didn't get too involved, they would make some big money. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: Page Twenty -Five — City Council Minutes — June 8, 2004 1) Congratulated the students on the scholarships and noted that Jillian Haney had received a number of others. He stressed the high caliber of the kids who won. 2) Noted that the Council faced some struggles that were difficult and there were more study sessions coming up. Mayor Pro Tern Kelley commented on the following: 1) Congratulated the Titan Baseball Team, Jillian Haney, Rafael Ayala and Paula Graver on their recognitions. 2) Noted that she enjoyed the Student of the Year ceremonies. Councilman Schiffner commented on the following: 1) Congratulated the students on their awards, and noted that Jillian Haney had received a $100,000 ROTC scholarship to assist with her studies. 2) Indicated that it had been a good night and the decision on the Stadium might let the RDA get busy with its intended business of improving and redeveloping the City. He commented that it was unfortunate that the funds were invested in the Stadium, as the RDA had not been able to do much since then. Councilman Magee commented on the following: 1) Requested a status report from the City Manager on the Lake Chevrolet project and how the plan check was moving forward. He indicated that they needed permits by July 1St to avoid some penalties. Page Twenty -Six — City Council Minutes — June 8, 2004 2) Noted that he asked for a report on Health & Wellness and indicated that it was an important issue that had festered. He stressed that resolution of the issue was needed. 3) Requested a status report on Contract employees, and noted that at least one contract expires this month, which has loose ends. He indicated that he wanted a list of the current contract employees, contract term and responsibilities. 4) Indicated that this budget process taught him the term "unallocated revenue ", and noted that this was not something in his household budget. He requested that before the mid -year budget review a policy be developed for unallocated revenue, as to what it is, and what the Council would like to do with it. He stressed that the Council as a group needed to decide how it was handled. 5) Commented that with regard to the Macy /Grand Traffic Signal, there was no partner to work with on it. City Manager Watenpaugh clarified that it was a State highway and they would have to do two legs of the three leg intersection. Community Development Director Brady confirmed. City Manager Watenpaugh indicated that staff would address it with Caltrans. 6) Noted the comments regarding problems on the Lake, and commented on the boat fire which injured four youths in the care of their father. He noted the Trauma Intervention Program's involvement and the involvement of Gina Bennett in providing care and comfort to the family. He advised that the TIP would have a booth at the Juneteenth event and encouraged participation in the program. Mayor Buckley commented on the following: 1) Noted his concerns with the budget process. Page Twenty -Seven — City Council Minutes — June 8, 2004 2) Indicated that he would watch the due diligence process on the Stadium as he was still concerned with the arrangement, but he did not want to pay $600,000 a year. 3) Addressed the recommendations from the Williams Landscaping audit and questioned the process and issues in the report. 4) Thanked the VFW and the Elsinore First Assembly of God Church for their support of the Memorial Day event. 5) Advised that on Wednesday and Thursday of this week, the, Governor's office in Riverside would have a rememberwfice book far — signatures and messages for former President Reagan..: 6) Announced that starting this date, applications for the Boat Par�,0 of Lights were being accepted; and noted that there would be lfirev�orks on the levee for the 4th of July. He indicated that applications would be accepted until June 28th 7) Announced the Public Safety Advisory Commission Meeting to be held on June 9th at 6 p.m. 8) Announced the Study Session regarding John Laing Homes on June 10th at 5 p.m., and encouraged everyone to attend. 9) Announced the following upcoming events: High School Graduations at the Diamond — June 11th at 3 and 7 p.m. Juneteenth event at Yarborough Park — June 19th Lake Elsinore Rod Run — June 26th ADJOURNMENT Page Twenty -Eight — City Council Minutes — June 8, 2004 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 10:41 P.M. THOMAS'$UCKLE , AYOR CITY OF LAKE RESINORE AT "Vi KA AH, CMC, CITY CLERK/ HZJJ�SAN- RESOURCES DIRECTOR MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 229 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:22 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS; HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Assistant City Attorney McClendon, Administrative Services Director Pressey, Community Development Director Brady, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54946.9) Elsinore Christian Center v. City of Lake Elsinore, Redevelopment Agency of the -- City of Lake Elsinore (United States District Court Case No. CV 01- 04842). (F:40.10(X:52.2) Assistant City Attorney McClendon announced the Closed Session as listed above. Page Two — City Council Minutes — June 22, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:25 P.M. The Closed Session discussion was completed at 6:10 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, Assistant City Attorney McClendon, Administrative Services Director Pressey, Community Development Director Brady, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Eagle Scout Dean Clark. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. Page Three — City Council Minutes — June 22, 2004 PRESENTATIONS /CEREMONIALS a. Presentation - Business of the Quarter. (F:56.1)(X:70.1) Mayor Buckley introduced Dan Leigh, President of Corman- Leigh, noting that Corman-Leigh had been named Business of the Quarter for Spring, 2004. He explained that Corman Leigh was a developer in town, that was now involved in three projects. He advised that Corman -Leigh was also named the Building Industry Association, 2003 Builder of the Year. He stressed their level of community involvement. He presented Mr. Leigh with a Business of the Quarter plaque and noted the perpetual plaque which would hang in City Hall. _ Mr. Leigh indicated that it was a privilege to do business in Lake Elsinore; and commented that he liked the direction in which the City was going and its future potential. b. Proclamation - Amateur Radio Week. (F:122.1) Mayor Buckley called Don Foster forward, and read and presented him with the Proclamation for Amateur Radio Week, on behalf of the Golden Triangle Radio Club. Mr. Foster explained that his organization consisted of amateur radio operators who were poised to serve the community and its citizens in fire, earthquakes and floods. He noted the presence of their Emergency Coordinator for the Southwest District, and highlighted their participation in the recent El Cerrito fire. He further noted that they operated through the Office of Emergency Services, Riverside County. CLOSED SESSION REPORT Assistant City Attorney McClendon reported that the City Council met in Closed Session regarding one item of pending litigation as listed on the agenda, with no Page Four — City Council Minutes — June 22, 2004 reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Lorri Holland, 32086 Beecher Street, Wildomar, advised that she is the Coordinator for Tahiti, California and noted the upcoming visit by students from the City's Sister City in Tahiti. She explained that there was a need for homes to house students for one month, providing a bed, some meals and some transportation for the students. She advised that the students had a full month of activities planned, and noted that interested parties could contact her at (909) 245- 0935 for more information. Kynn Bartlett, 2 Vista Palermo, representing Peace Works in Temecula Valley, indicated that their organization was concerned about hate attacks occurring in local schools from Lake Elsinore to Temecula. He advised that they had called a meeting of community members interested in responding to the problem, who were not willing to put up with the violence. He indicated that they would stand behind anyone who is attacked. He invited all of the area churches, schools, community organizations, City Council's and Police Department staff to attend a meeting on Monday, July 19th at 6 p.m., at the Temecula Library. He noted that the program was being modeled after the "Not In Our Town" movement in Billings, Montana; and advised that more information was available by calling him at (909) 202 -9872, or from the website: www.notinourvalley.org Frank Estrada, 31036 Nebraska Street, noted that he had returned as promised to report on his situation. He advised that his dog was being taken care of and due to the determination of Councilman Hickman he was addressing his problems with trash. He noted that Councilman Hickman personally assisted him in loading trash and going to the dump, and providing him with a large bin for further clean- up. He expressed his appreciation to Councilman Hickman. He indicated that his housing situation was a little worse, but he would try to smile and bear it. He noted his right to bring concerns to the City and noted an ongoing trash problem in his area. He indicated that he had brought the concerns to the City Manager and would continue to do so. He stressed that he would pursue the matter until his Page Five — City Council Minutes — June 22, 2004 neighborhood was clean. Mayor Buckley questioned the location of the vacant lot with which Mr. Estrada was concerned. Mr. Estrada indicated that it had been cleaned up, but a new resident had remodeled their home and dumped more trash. He questioned what he should do if staff did not address the problem, and stressed that the poor people needed to be taken care of. He indicated that he was unable to supplement his income, and questioned the possibility of receiving a waiver for a yard sale permit so he could supplement his income. Mayor Buckley indicated that staff could check on waiving fees. City Manager Watenpaugh indicated that he would be happy to take care of the matter. Councilman Hickman questioned the abandoned car situation. City Manager Watenpaugh indicated that staff would address it further. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions. Item Nos. 2 and 32. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 2, MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE MODIFICATION TO THE MINUTES OF MAY 119 2004 AS NOTED AT THE EARLIER STUDY SESSION. 1. The following Minutes were approved: Page Six — City Council Minutes — June 22, 2004 a. Regular City Council Meeting - May 11, 2004. b. Joint Study Session - May 25, 2004. (F:44.4) The following Minutes were received and ordered filed: C. Planning Commission Meeting - June 1, 2004. (F:60.3) 3. Rejected Bid from 4 -Con Engineering and directed the Community Services Department to re- advertise for Bids on the Swick Matich Restroom/ Concession Building. (F:114.6) 4. Authorized the City Manager to execute a 60 month Lease with Leasource Financial Services for a Sign Maintenance Truck from Lake Chevrolet as part of the 2003/04 Vehicle Replacement Program. (F:68. 1)(X:48. 1) 5. Authorized the City Manager to execute a 60 -month Lease with Leasource Financial Services for a Weed Abatement Dump Truck from Lake Chevrolet. (F:68.1)(X:48.1) 6. Adopted Resolution No. 2004 -41 - Setting Fiscal Year 2004 -05 Appropriations Limit at $37,029,883. (F:30.1) RESOLUTION NO. 2004-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004 -05 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. 7. Approved Public Safety Advisory Commission Recommendation for expenditure of $10,000 for the website improvements, brochure development and printing from the 2004 /05 fiscal year budget; with staff _ Page Seven — City Council Minutes — June 22, 2004 costs for these services to be absorbed by the City Manager's Department budget. (F:59.6) 8. Authorized the funding of the Spring Street Curb, Gutter and Sidewalk Project, in the amount of $95,000. (F: 146.2) 9. Authorized the funding of the paving of Wilson Way in the amount of $909000. (F:156.2) 10. Authorized the funding of the Lakeshore Drive Drainage Improvements in the amount of $50,000. (F:81.2) 11. Approved increased funding from $60,000 to $150,000 for the Dust Control Program for Dirt Streets for the use of Magnesium Chloride on 21.6 miles of dirt streets. (f;156.1) Mayor Buckley summarized the actions approved on the Consent Calendar. PUBLIC HEARINGS 21. 2004 -05 City -Wide Lighting and Landscape Maintenance District - Resolution No. 2004 -42. (F:22.2) Mayor Buckley opened the public hearing at 7:27 p.m. Administrative Services Director Pressey explained that the total budget for this program was $1,271,254, and noted that the costs were broken out by type of facilities in the staff report. He indicated that the same rates had been in place since 1996, and could not be changed due to the passage of Proposition 218. He noted that Mr. Anderson of Harris and Associates was present with the revised zone map for the District. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Page Eight — City Council Minutes — June 22, 2004 Mayor Buckley closed the public hearing at 7:29 p.m. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-42: RESOLUTION NO. 2004-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESSMENT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT FISCAL YEAR 2004 -05. 22. Tentative Tract Map 31779 and Tentative Parcel Map No. 31967 - Abbacy Holding Corp. (F:160.2) Mayor Buckley opened the public hearing at 7:30 p.m. Community Development Director Brady explained this request for approval of both tentative and final maps. He advised that it was located within the Canyon Estates Specific Plan area along Summerhill at the base of Tuscany Hills. He indicated that the Tentative Tract Map included two parcels totaling 2.3 acres being divided into seven residential parcels; and the Parcel Map totaling about .64 acres would be divided into two lots. He indicated that the Planning Commission reviewed the item on June 15th, and recommended approval of both, subject to some minor modifications. He advised that staff would recommend the addition of two conditions being: 108. Prior to issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 109. Prior to the issuance of the first building permit, the applicant shall Page Nine — City Council Minutes — June 22, 2004 annex into the Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. He offered to answer questions and noted that the applicant was in the audience as well. Bill Kipp, 361 Railroad Canyon, representing Abbacy Development, offered to respond to any questions. Mayor Buckley asked those persons interested in this item to speak. No one spoke. Councilman Magee noted his questions from the 4 p.m. meeting and indicated that he did not receive an adequate answer. He noted the discussion of the original plan which included a future park and fire station location. He commented that the fire station issue was being solved by the Canyon Hills Development, but the park issues were not addressed. He indicated that he was hearing the same arguments for deleting the park as for reducing the size of the Serenity 2 park. He noted that the residents in Serenity were not pleased with the changes and he expressed concern that the residents in this area would also be upset with the changes. He expressed frustration with the findings, noting that nothing said the changes were a good thing. He noted that he was told that was part of the workout agreement; but stressed that information needed to be included in the staff report with an explanation. He indicated that he could not support this project without adequate findings. Councilman Hickman inquired if the Council should require a tot lot in the _ existing park. Community Development Director Brady explained that at the time the tracts were developed there were requirements for enhancements to the park, as well as a linear park along Canyon Estates. Page Ten — City Council Minutes — June 22, 2004 He advised that the improvements were done to the park and the tot lot was added. He noted that was part of the approval of the existing homes. Councilman Hickman commented that there were only a couple of swings and a train. Community Development Director Brady confirmed that those were the improvements provided by Granite Homes. Councilman Hickman inquired if Councilman Magee would be satisfied if a slide was added. Councilman Magee indicated that he would be more satisfied with a more complete report and indicated that if the trade off was part of the workout, it should have been included in the staff report; which would allow him a better understanding of the rationale for deletion of the park. Councilman Schiffner commented that there was apparently some misunderstanding, but it seemed to him that this discussion was not dealing with the deletion of the park, in any way. He indicated that it was taken care of previously, and suggested that was probably why it was not discussed in the staff report. Community Development Director Brady clarified that prior to the development, there was a workout agreement and the developer was granted parcel within the area, in exchange for working out the CFD issues. He indicated that it was done and completed prior to Granite Homes and the others being constructed in the area. Councilman Schiffner inquired if the maps were the only consideration before the Council at this time. He noted that this discussion was going to something that was already done. Councilman Magee commented that the Council had discretionary approval, and indicated that he was requesting adequate findings. City Manager Watenpaugh indicated that he understood what was being requested and assured the Council that he would go back further in the history to address the elements of a project. He stressed that in the future he would provide more documentation. Mayor Buckley requested clarification of this issue. City Manager Watenpaugh clarified that the workout was prior to the development and the developers provided additional amenities, although he was not sure it was adequate at the time. He noted that the agreement with Abaccy was approved „�, Page Eleven — City Council Minutes — June 22, 2004 in 1992 or 1993, and was not included in the packet, however such documents would be provided in the future. Councilman Hickman indicated that he understood both Councilmembers Magee and Schiffner; and suggested that the park had very few amenities for the kids and suggested the addition of a slide. He questioned which LLMD this area would fall into. Administrative Services Director Pressey indicated that it was in Area "O ". Mayor Pro Tern Kelley commented that she recalled the workout and this was the last portion of that process. She noted that it had been a long road to get the parcels settled and into development. She indicated that she could understand what Councilman Magee was asking for, but understood the workout. She concurred with Councilman Schiffner that the project was moving down the road as part of the plan to bring the development in line. She indicated that he had no problem with the project, but concurred with the request that more history be included in the future. Councilman Hickman noted that he would be glad to see the lots developed. Mayor Buckley noted the earlier discussion as to whether they would have to pay Mello -Roos. City Manager Watenpaugh indicated that he was informed that they would be paying the assessments. Mayor Buckley closed the public hearing at 7:44 p.m. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 TO 2 WITH COUNCILMEMBERS MAGEE AND BUCKLEY CASTING THE DISSENTING VOTE TO APPROVE TENTATIVE TRACT MAP NO. 31779 AND TENTATIVE PARCEL MAP NO. 31967, BASED ON THE FOLLOWING FINDINGS, EXHIBITS A — C, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Page Twelve — City Council Minutes — June 22, 2004 Findines 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Creek/Summerhill Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Creek/Summerhill Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Canyon Creek/Summerhill Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the Page Thirteen — City Council Minutes — June 22, 2004 City and Uniform Building Code. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31779 & TENTATIVE PARCEL MAP NO. 31967 PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 31779 & Tentative Parcel Map No. 31967 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 31779 & Tentative Parcel Map No. 31967 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), 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 Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Creek/Summerhill Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. Page Fourteen — City Council Minutes — June 22, 2004 PRIOR TO FINAL TRACT MAP 4. All lots shall comply with minimum standards contained in the Canyon Creek/Summerhill Specific Plan. 5. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 6. Street names within the subdivision shall be approved by the Community Development Director or Designee. PRIOR TO DESIGN REVIEWAPPROVAL 7. The applicant shall comply with all conditions of the Riverside County Fire Department. s. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map requires separate Design Review approval. 10. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. ii. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PRIOR TO ISSUANCE OF BUILDING PERMIT 12. Prior to issuance of building permit, the applicant shall submit a letter of Page Fifteen — City Council Minutes — June 22, 2004 verification (will -serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 18. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING DIVISION TPM 31967 21. T1edirinte full half width fight e f Tiwl'e tn�o_C Z"Ridge an Summer-hill Drive. (Revisveldvatt t�h�e 6 -15 -04 Planning Commission ` Page Sixteen — City Council Minutes — June 22, 2004 Meeting). 22. CefiStfUet f111 half width street impr-evermentts for- the pFejeerfrontage along Canyon Ridge and Surnmer-hill Drive Provide Drainage Easement to convey storm water to public right -of -way. (Revised at the 6 -15 -04 Planning Commission Meeting). , 23. Drainage shall be conveyed to public right -of -way. No cross -lot drainage shall be allowed. 24. Perimeter drainage shall be outlet under the sidewalk along Summerhill Drive or as approved by the City Engineer. (Revised at the 6 -15 -04 Planning Commission Meeting). 25. 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. 26. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 27. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 28. 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. 29. tonstfuet all Vubll a :,.L improvements o approved stfee4 plans (LEMC 12.04). Plans must be approved and signed by the City Engineer- pr-ier- to final map appr-eval (LEN4C 16.3 . (Revised at the 6 -15 -04 Planning Commission Meeting). Page Seventeen - City Council Minutes — June 22, 2004 30. Street impfevement plans and speeifieeAiens shall be prepared by a Califl. Registefed Civil Engineer-. lfnpr-evemei4s shall be designed and eenstftleted > latest editien, and Qty Cedes (LEMG 12.04 a-ad 16.34). (Revised at the 6 -15 -04 Planning Commission Meeting). 31. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bends securities prior to issuance of building permit. (Revised at the 6 -15 -04 Planning Commission Meeting). 32. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 33. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of sidewalk. publie w �s . (Revised at the 6 -15 -04 Planning Commission Meeting). 34. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 35. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 36. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to issuance of building permit if necessary. (Revised at the 6 -15 -04 Planning Commission Meeting). r. 37. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. Page Eighteen — City Council Minutes — June 22, 2004 38. Provide fire protection facilities as required in writing by Riverside County Fire. 39. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 40. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 41. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 42. Applieant shall ..b,Y,;+ a t-Faffie -- eefAf ^el plan -she ing all tfaffie e^ tfel de ees fehe tfaet te be appr-eved prior- All tfa re stfeets- -within the +reset (Revised at the 6 -15 -04 Planning Commission Meeting). 43. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 44. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 45. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. -- Page Nineteen — City Council Minutes — June 22, 2004 46. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 47. An Alquis Pr-iele stiidy shall be per-fei:med en the site te identify ai+y hidden site. (Revised at the 6- 15-04 Planning Commission Meeting). 48. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 49. Prior- t v- eemmeneeme t of gradin g -v"er- sions r nppliemrA � to provide •de to the City with n map of all proposed used l route to be fer fneyeme t of expert �1,ater -i ,ue f rAA IIal by subject to the review and appr-eya of the rite• Engineer. (Revised at the 6 -15 -04 Planning Commission Meeting). 50. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 51. indivi"al let dr.,in ^ire- e� f eil4y „ eptoa i y 69i�£'� yam. -... �� adj eefA pr -epe4y morn b n let er- of drainage pta e e 0 e tee n LTCTJ' LL pleT1L" �7SpIJG' L' C�-' PirISGTJ "P'"CrrGTCGT'vTCCiAZIILTg' u�vvvr�wiavv va vvia��vJ�v�a ry K drainage easefnei4. (Revised at the 6 -15 -04 Planning Commission Meeting). 52. 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 ". Page Twenty — City Council Minutes — June 22, 2004 Revised at the 6 -I5 -04 Planning Commission Meeting). 54. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 55. Meet all requirements of LEMC 15.68 regarding floodplain management. 56. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 57. 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 unless already completed. (Revised at the 6 -15 -04 Planning Commission Meeting). ... 58. Roof and yard drains shall not be allowed to directly be connected to the flow line of the curb and gutter. TTM No. 31779 59. Dedicate full width right -of -way and construct full width street improvements for Boulder Vista Court. (Revised at the 6 -15 -04 Planning Commission Meeting). 60. Construct sidewalk full half width stfee improvements for Scenic Ridge Drive for the project frontage. (Revised at the 6 -I5 -04 Planning Commission Meeting). 61. Dedieate fu4 i alf .,id4h r-i& of way along the pr-ejeet &-eatage -on Somme Ridge Drive. (Revised at the 6 -15 -04 Planning Commission Meeting). Page Twenty -One — City Council Minutes — June 22, 2004 62. Gonstmet full half width stfeet impr-evements along the prejeet fr-entage o (Revised at the 6 -15 -04 Planning Commission Meeting). 63. Dedieate full half width r-ight of way pr-ejeet frontage along Safnfn Fhil Drive. (Revised at the 6 -15 -04 Planning Commission Meeting). 64. CefiStfluet flail half Width Stfeet i . TI s for - the fienta a of S mmor�i�� Vie. (Revised at the 6 -15 -04 Planning Commission Meeting). 65. All right -of -way dedication and street improvements shall be consistent with the Summerhill Specific Plan. 66. The slope adjacent to existing lots No. 211 to 216 shall be graded so as to maintain lot stability for the existing lots. 67. Lot drainage shall be conveyed to the public right -of -way. 68. Comply with all conditions of the underlying tract map. 69. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 70. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 71. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 72. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. Page Twenty -Two — City Council Minutes — June 22, 2004 73. 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). 74. 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). 75. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 76. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 77. 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). 78. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 79. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 80. St site A se for f site h 4e the ., a 1 aeefit pr-epefty e o . . to final p , (Revised at appr-e the 6 -15 -04 Planning Commission Meeting). 81. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property _. Page Twenty -Three — City Council Minutes — June 22, 2004 owner or his agent. 82. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 83. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 84. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 85. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to building permit issuance filial Map appf . 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. (Revised at the 6 -15 -04 Planning Commission Meeting). 86. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 87. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 88. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. Page Twenty -Four - City Council Minutes - June 22, 2004 89. An Aiquis Pr -iele study chaff be porf ,.med en the site to •a nti , hidden eafthqua-° faults ^n ique€action -zenes pfesext On site. (Revised at the 6- 15-04 Planning Commission Meeting). 90. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 91. with a map of all pese haul sites to be used f r.. movement e... V Jai uy material. Sueh r-eutes shall be subjeet te the review and approval ef the Qty Engineer. (Revised at the 6 -15 -04 Planning Commission Meeting). 92. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to _ such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 93. 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 ". 94. 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. 95. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 96. Meet all requirements of LEMC 15.68 regarding floodplain management. 97. The applieant to pfevide -FEMA eleveAien of fi f e,ates p6ofte eeftifieate -e€ &-, (Revised at the 6 -15 -04 Planning Commission Meeting). .� Page Twenty -Five — City Council Minutes — June 22, 2004 98. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 99. 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. 100. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 1o1. stefm funeff sheuld be eefAained within the stfeet right of way. When eithe of these - eriter-ir`k -is e�Eeeed °ate- drainage f4eiiifies - should be inst (Revised at the 6 -15 -04 Planning Commission Meeting). 102. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 103. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 104. 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. Page Twenty -Six — City Council Minutes — June 22, 2004 105. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 106. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 107. 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. DEPARTMENT OF ADMINISTRA TIVE SERVICES log. Prior to issuance of the first building permit, the applicant shall annex into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. (Revised at the 6 -22 -04 City Council Meeting). 109. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. I to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. (Revised at the 6 -22 -04 City Council Meeting). • Conditions No. 108 & 109 is applicable to both Tentative Parcel Map No. 31967 and Tentative Tract Map No. 31779. Page Twenty -Seven — City Council Minutes — June 22, 2004 BUSINESS ITEMS 31. Master Plan of Drainage - Annual Increase of Fees - Resolution No. 2004- 43. (F:81.1) Community Development Director Brady explained that there was the ability for the Council to review and modify these fees annually; but the last time it was changed was in 2002. He recommended the increases as proposed to match the increases in construction costs. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-43: RESOLUTION NO. 2004-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INCREASING THE DRAINAGE FEES OF THE MASTER PLAN OF DRAINAGE. 32. Adopted 2004 -05 and 2005 -06 Budget justments. (F:30.1) Administrative Services Director Pressey explained that this was an adjustment to the budget adopted at the last Council meeting to cover the revised CPI numbers for the salary adjustments. He noted that the CPI had been estimated at 1.8 %, but the April to April index was 2.29 %, so the increased impact for fiscal year 2004 -05 would be $27,100. Edith Stafford, 29700 Hursh, indicated that she wanted to speak on this item because at the last meeting the public was shocked to find out that the City Manager had pulled a rabbit out of a hat, finding funds to balance the budget. She suggested that in view of the fact that those funds had never been mentioned or brought to the table before Councilman Magee suggested a list for deletions, it was like pulling a rabbit out of a hat. She indicated that she believed they were development fees that had not been Page Twenty -Eight — City Council Minutes — June 22, 2004 collected and suggested that this item should not be approved. She suggested that the public had been misled by this manager and indicated that she had been told that certain debts were different. She commented that the public had not heard the truth, and were led down a primrose path. She accused the City Manager of mismanaging public funds and misappropriating public funds; and called for his resignation. She called upon the Council to take the bull by the horns and fire the City Manager without pay. She indicated that he had violated the City policy in the misappropriation of funds, mismanagement of funds and keeping secrets from the public. She further indicated that the Manager had not been up front with the truth, so he must go. Mayor Buckley noted that this was a change due to a change in the consumer price index. City Treasurer Weber noted that staff would also receive merit increases of _. 5% on top of the CPI raises. He commented that that would amount to a 7.29% increase in pay for the year. Administrative Services Director Pressey clarified that for each position, there was a salary range with steps one through five. He explained that the cost of living was approved as part of the MOU with the labor group and would be applied City -wide. City Treasurer Weber quested when the information became available. Mr. Pressey indicated that it was known before the budget was adopted, but not in time to incorporate it into the budget. Mayor Pro Tem Kelley questioned if this was the previously negotiated cost of living increase with the union employees. Mr. Pressey confirmed. Councilman Magee inquired if this was a contractual obligation. Mayor Buckley indicated that it was a contractual obligation for the Union. Councilman Magee reiterated his question regarding a contractual obligation under the MOU. Councilman Hickman inquired if the increase was just for the Union or for everyone in the City. Mr. Pressey indicated that it was included for everyone in the City. Councilman Hickman .ow Page Twenty -Nine — City Council Minutes — June 22, 2004 commented that it was not a requirement to give the increase to management. City Manager Watenpaugh clarified that it was not a contractual obligation for management, but had historically been given to management, with all of the other employees. Councilman Hickman questioned how many managers received merit increases. City Manager Watenpaugh indicated that those who had them available. Councilman Hickman questioned the merit raises further, and suggested an alternative to the merit increases. City Manager Watenpaugh clarified the steps within the classification plan under the MOU; and explained that at the intervals of 101, 15 and 20 years employees were eligible for longevity pay. Mayor Buckley inquired if longevity was in the same form as merit. City Manager Watenpaugh clarified. Councilman Magee indicated that he was uneasy about addressing this if it was an obligation under the MOU, but if it was an unwritten policy that has evolved over time he would have a problem with it. City Manager Watenpaugh indicated that there was no written policy for management to receive it, but there is an unwritten policy that all employees receive. Mayor Buckley commented that there should be a study session in July. Councilman Schiffner indicated that he was very uncomfortable giving something to Union employees and not giving to non -Union employees. He suggested that management should receive the same consideration. Councilman Hickman suggested a study session on this issue. Councilman Magee indicated he would like to see how this issue is handled and why. He noted the comment that everyone should be treated equally, and indicated that he would like to pull until it could be discussed further and he can understand the ramifications. Mayor Pro Tem Kelley questioned the possibility of deferring this item to a study session. City Manager Watenpaugh confirmed that it could go to a study session. Mayor Buckley suggested the second Thursday in July. Mayor Pro Tem Kelley suggested Page Thirty — City Council Minutes — June 22, 2004 July 1St. After discussion the Council concurred to continue this matter until after a study session on July 8th. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS DISCUSSION TO JULY 8TH AT 5:00 P.M. 33. Annual Adoption of Investment Policy. (F: 120.1)(X:12.1) Administrative Services Director Pressey advised that this was the annual revision/update of the Investment Policy as mentioned at the Agenda Review. He indicated that it was essentially the same document from prior years, with a couple of paragraphs and definitions added. He explained that the investment procedure was detailed, with one significant addition being that the City moves forward to improve the yield, beyond what is currently being received using the State pooled funds. He advised that the Policy -- called for Council to approve any investments, which would need to be in compliance with the State guidelines and City policy. He indicated that the next step would be to bring a detailed strategic plan to Council for consideration, with proposed investments and a recommendation on what percentage to invest over the next one to five years. He stressed that all of the investments would be safe, such as government securities, which are AAA rated. City Manager Watenpaugh noted that page 13 specifically prohibited investment in derivatives. City Treasurer Weber commented that he had worked with Mr. Pressey on this policy and gave him a list of about sixteen items, he felt needed to be added to be sure that the Policy would work well for the City. He noted that all of his recommendations were added. He indicated that this effort was a good step for the City, because it was currently getting poor performance from the money in the bank. He suggested that $4 or $5 million could be invested in LAIF funds, but there was the potential for at —. Page Thirty -One — City Council Minutes — June 22, 2004 least 3% interest; and with regard to the bond money, there was the potential for an increase to 3% or 4% in interest. He noted the potential money that had not been realized over the last 20 or 30 years. He indicated that he was interested in seeing the action plan, and stressed that there would be oversight by the Council, so no one was just doing what they felt like doing. He commented that the audit team would perform for the Council, and reiterated that the approval for the larger fund investments would go before the Council for approval. He stressed that everything would be safe, to prevent an Orange County debacle; and looked forward to Mr. Pressey's recommendations. Councilman Schiffner inquired on the authorization of investments by the Government Code, and questioned if the City had ever made investments that were not approved by the Council. Mr. Pressey indicated that he was not sure one way or the other. Councilman Schiffner commented that the plan as presented seemed very good, but questioned what it was accomplishing, and if there were any really great changes to the policy. Mr. Pressey indicated that there was nothing major, but it was complete and compared to the national standard for an investment policy. He advised that he had only added more detail on the types of investments. Councilman Schiffner commented that it was basically the same as it had been done in the past. Mr. Pressey confirmed. Councilman Hickman commented that the Policy was not changing, but the City would be starting to put the money to work, to provide better returns. Mr. Pressey confirmed. Councilman Hickman noted that there would be investments in other annuities with better returns on the money, and indicated that Council was looking at increasing the General Fund to do more work. He stressed that it would be different from throwing all of the money into a single fund. Mr. Pressey commented that there had been a good return in the past, but the standard process was for cities to invest out a portion of the portfolio. He indicated that in the past it was below standard, however in the current market LAIF was underperforming. Councilman Hickman noted that Murrieta was receiving an additional Page Thirty -Two — City Council Minutes — June 22, 2004 $200,000 from their money. He indicated that his main concerns were safety and liquidity. Mayor Pro Tern Kelley reiterated that safety was the number one priority for this Policy, followed by liquidity. She thanked Mr. Pressey for the policy and noted that he had done a good j ob. She stressed the focus on safety to prevent an Orange County disaster. City Manager Watenpaugh requested clarification of the policy for the RDA. Mr. Pressey indicated that this was looking at the General Fund, but bond monies would go to the bond debt, not the General Fund. He commented that for the RDA, the policies would typically mirror the City policy. Mayor Buckley thanked Mr. Pressey for his work on this Policy, and noted that there were certain significant changes including the opportunity to delete derivatives from consideration. He noted that the City had someone who would properly invest City funds, and commented that hundreds of thousands of dollars had been lost over the years. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE PROPOSED POLICY, WITH AN EMPHASIS ON THE FACT THAT THE ABILITY TO INVEST IN DERIVATIVES HAD BEEN STRICKEN. 34. Purchase Authorization -Diamond Stadium Furniture. (F:134.10)(X:48.1) Mayor Buckley noted that this item came up during the last meeting as he understood that it should not be decided upon before the lease of the Stadium, so he requested that it be done before the end of the due diligence. MOVED BY KELLEY, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO PULL THIS ITEM FROM THE AGENDA. Page Thirty -Three — City Council Minutes — June 22, 2004 35. Applications for Planning_ Commission. (F:60.2) Mayor Buckley noted that there were three seats coming available on the Planning Commission and deferred to Councilmembers Kelley and Magee to explain the review process. Mayor Pro Tem Kelley advised that she and Councilman Magee had been appointed to a sub - committee to interview for the Commission. She indicated that they interviewed six applicants who were very worthy and they were impressed with all of them. She advised that they were bringing back the suggestion of three people with the caveat that the fourth person should be appointed to the next vacancy on a Committee. She introduced the recommended applicants to the Council, including Harvey Ryan, the current Chairman of the RDA Task Force; Michael O'Neal who was already serving in a temporary appointed position on the Commission; and Tylisha Larimer, who was a new member of the community that captivated them with her personality and positive enthusiasm. She noted that Bill Arnold, was the gentleman they would like to see appointed to the first available Committee vacancy. Councilman Magee commented that this had been a difficult process, and noted that part of the criteria was if the applicants were interested in serving in other capacities in the community. He noted that the positions were actually appointed by the Mayor and ratified by the Council; so he and Mayor Pro Tern Kelley did the interviews and made recommendations. He stressed that it was ultimately the decision of the Mayor, ratified by the Council. Councilman Schiffner noted that the same process had been followed in the past, and he was happy to see Mr. Magee as a new member of the Council and Mrs. Kelley, as a longer term member participating on the sub- committee. He indicated that he thought it was a good choice of committee members. He expressed support for the recommendations. Page Thirty -Four — City Council Minutes — June 22, 2004 Mayor Pro Tern Kelley added that these three names would provide a nice balance of personalities for the Commission. Mayor Buckley inquired if there should be discussion of the individual applicants. Mayor Pro Tern Kelley commented that she thought that was the interview process that had been completed. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPOINT HARVEY RYAN, MICHAEL O'NEAL AND TYLISHA LARIMER TO THE PLANNING COMMISSION VACANCIES FOR TERMS CONTINUING TO JUNE, 2008; AND RECOMMEND BILL ARNOLD FOR APPOINTMENT TO A FUTURE COMMITTEE VACANCY. Mayor Buckley commented that he was very comfortable with all three recommendations; and stressed that Mr. Arnold would be serving the community very soon. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Mayor Buckley congratulated the newly appointed Planning Commissioners. ITEMS PULLED FROM THE CONSENT CALENDAR 2. Fiscal Year 2003/04 Year End Budget Adjustments. (F:30.1) City Manager Watenpaugh explained that this item was to balance and close out the past budget year. Administrative Services Director Pressey indicated that this item was a clean -up budget adjustment for year end addressing revenues and expenditures. He detailed the modifications, noting the increases in revenue and adjustments to expenditures needed in two departments. Page Thirty -Five — City Council Minutes — June 22, 2004 Edith Stafford, 29700 Hursh, indicated that she pulled this item for the same reason she pulled the last one. She stressed that she did not feel the budget was ready for approval, as it needs more in -depth study. She indicated that she did not feel she could trust what was written by the Manager and presented to the Council. She suggested that the Council needed to look deeper, which is what she would do. She indicated that it was not good to take someone's word for something; and stressed the importance of reviewing, verifying and re- verifying. She suggested that the Manager needed to review, review and review, and indicated that from the documents she was reviewing it would appear that he forgot to do that. She indicated that is why she felt he was an incompetent to be Manager of this great City. She indicated that the City needed a Manager they could trust to tell the truth on the debt that is owed and what is not. She stressed that she just wanted the truth and did not take being misled lightly. She called for the Manager to "do the decent thing" and resign. City Treasurer Weber addressed page 2 of 24 and the list of items under fund 100, and questioned the sales tax. Administrative Services Director Pressey indicated that this was the adjustment for the 2003 -04 budget, including the last adjustments at mid -year. He indicated that when approved the revised projected numbers were included but there was no formal action for approval. City Treasurer Weber questioned the sales tax further and Mr. Pressey clarified. City Treasurer Weber questioned lost money. Mr. Pressey indicated that it was grant related. City Treasurer Weber questioned the weed abatement fees, noting that the people had been hired and the truck had been purchased. He questioned if the adjustments were in addition to that. Mr. Pressey indicated that staff was reviewing that issue, but there may have been significant delinquencies or an error. He stressed that staff was looking at why the dollars did not come in. City Treasurer Weber commented that the costs were substantially more than the money taken in for one year. Councilman Schiffner noted that the numbers as presented were the actual Page Thirty -Six — City Council Minutes — June 22, 2004 budget for eight more days. He clarified that staff was estimating what would happen in the next eight days, which should be the actual expenditures for the year. He stressed that this was not an estimate in advance, but only for the period of eight days. City Manager Watenpaugh commented that considerably more billing would be seen in the next budget year. Councilman Hickman inquired if this was a bookkeeping item. Mr. Pressey confirmed. Councilman Hickman noted that this would reconcile the budget with a $52,000 surplus, which would go into the new budget. He ,commented that some of his questions had been asked earlier. He noted that he was worried about some of the issues. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE 2003 -04 BUDGET ADJUSTMENTS AS PRESENTED. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:29 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 9:31 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES No Comments. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted the Study Session scheduled for Thursday, June 24th, for a presentation on the hydro -pump storage project. Page Thirty -Seven — City Council Minutes — June 22, 2004 2) Noted the July 4th Boat Parade and indicated that the fireworks would go off at the east end of the Lake, off the island. 3) Noted that an article in USA Today advised that the Lake Elsinore Storm Hats are the number one selling hats in the U.S. and they are now sending a large shipment overseas. 4) Congratulated the new members of the Planning Commission. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted that during the 4:00 session he spoke with the Council and Staff about his findings on the Stadium funding and what had taken place since the construction in 1992. He indicated that he found that there were two tools for funding the Stadium, being the RDA with two bonds totaling about $22 million and the other in 1994 to finish the construction against the Recreation Authority. He detailed the refinancing/refunding process and the bonds remaining. He indicated that he believed that today the City debt was over $16 million. He indicated that if the debt was paid off by refunding over 30 years the total would be over $65 million. He advised that he went ._ through all of the official bond statements, and this was the most truthful cost he could see. He noted that the Finance Team was the Bond Counsel who did the workout, so he would be talking with him Page Thirty -Eight — City Council Minutes — June 22, 2004 and the underwriters who sell the bonds, to see if they see the same numbers. He indicated that he had not heard a direct answer on what was owed on the Stadium. He stressed that it was important to be sure that the proceeds went to paying the bond debt to be sure the debt did not destroy the City over time. He indicated that he believed the bond debt could be managed once the total was known. He advised that he felt seeing the Bond Counsel and getting a firm grasp on the debt was a step in the right direction, but he believed there was a lot of work ahead with regard to the Stadium. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Congratulated NAACP on the Juneteenth event, and noted it was a nice showing. 2) Indicated that more boats were needed for the parade of lights and encouraged people to call City Hall and register. 3) Noted that Senior Citizens should prepare for July, to get a rebate on their homes. He indicated that was how he met Mr. Estrada; and stressed that he did not solicit the accolades, but he did help him out. 4) Congratulated the new Planning Commissioners, noting he was glad to see them come on board. 5) Encouraged everyone to see the fireworks and parade. Mayor Pro Tem Kelley commented on the following: 1) Congratulated the new Planning Commissioners, noting that she was sure they would be very busy and enjoy the work very much. She expressed appreciation for their willingness to get involved. Page Thirty -Nine — City Council Minutes — June 22, 2004 2) Encouraged everyone to attend the summer concert series and noted that a Country- Western group had been added this year. She advised that EVAN was still accepting donations, as it had been a very expensive series. She suggested that local businesses wishing to support the program contact her. She noted that the concerts would be every Saturday at 7:30 p.m. in McVicker Park. 3) She expressed hopes that everyone would attend the July 4th events, noting that this was the first time in several years. Councilman Schiffner commented on the following: 1) Congratulated the Planning Commissioners and commented that they would find their service interesting and rewarding. He noted that he spent three years on the Commission himself; and commented that they would be very busy. Councilman Magee commented on the following: 1) Noted a very serious accident a week ago, at Gunnerson and Highway 74, involving students and a teacher from Butterfield School. He indicated that the TIP program did two days of counseling at Butterfield School, and had requested that he work with Caltrans to get a warrant study on the intersection, to make sure that type of tragedy never occurs again. 2) Noted the approval of paving for Wilson Way, and indicated that Mr. Fleming had been an advocate of that action for quite some time. He stressed that Mr. Fleming's actions led the Council to look for a solution and management came up with a better solution than was thought possible. He stressed that if residents are active, see a problem and become a voice, they will be listened to. Page Forty — City Council Minutes — June 22, 2004 3) Addressed the park on Summerhill, noting his need for a better understanding of things that have occurred in the past, so he can explain them. He stressed that before he would vote to get rid of a park, he would need to know why. 4) Commented that he had made a big deal about appropriate decorum at the dias; and noted that his emotion got the better of him. He apologized to Councilman Schiffner for a cheap shot. Mayor Buckley commented on the following: 1) Congratulated the new Planning Commissioners, and noted that they should meet with staff for information. 2) Announced the Thursday, June 24th LEAPS Study Session at 5 p.m. 3) Noted the Chamber Mixer on Thursday, June 24tH 4) Announced the Rod Run on June 26th 5) Indicated that anyone wanting to participate in the boat parade needed to register by June 28th 6) Announced the July 4th Open Air Market, Boat Parade and Fireworks. He indicated that there were posters available for posting by local businesses. 7) Noted that brochures were also available on TIP and LESJWA activities. 8) Reiterated that hosts were needed for the Tahitian students. 9) Indicated that when the budget was discussed two weeks ago, there were a number of small items that were to return to Council, most of Page Forty -One — City Council Minutes — June 22, 2004 which came back tonight. He questioned the Railroad Canyon Interim Improvements. City Manager Watenpaugh indicated that they were not considered tonight, but would come back when they were squared away. 10) Indicated that he spoke to the City Attorney earlier for an item for the next meeting regarding Country Club Heights. 11) Inquired if the rest of the Council would be available on Monday or Tuesday of next week at 5:00 p.m. for a special meeting. Councilman Magee indicated that he was not available on Monday, but questioned Tuesday at 5:00 p.m. Mayor Buckley indicated that he would like the meeting prior to the end of the fiscal year for clarity's sake, as he did not like issues to fester. He requested that the Council consider at that meeting, temporarily suspending travel, per diem, health/wellness, car allowances, etc., pending an investigation. He indicated that staff could keep receipts and might be eligible for reimbursement upon completion of the investigation of those programs. He indicated that the investigation would be complete by the end of July. He advised that staff should provide answers to questions submitted by the Council, by the close of work on Wednesday, June 23rd ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:50 P.M. A TEST: THON UB KLEY, MAYOR CITY OF AKE ELSINORE VICKI K S D, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, JULY 89 2004 CALL TO ORDER The Special City Council Meeting was called to order by Mayor Buckley at 5:03 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Carol Gordon. BUSINESS ITEM a. Approval of Final Map 32369, Lake Elsinore Market Place (Costco). (58.2) City Manager Watenpaugh noted that there was one item requested to meet Page Two — Special City Council Meeting — July 8, 2004 the time line for Lake Elsinore Market Place for Costco. Community Development Director Brady explained this request and noted that the tentative map was before the City Council on May 25th, and offered to answer questions. Councilman Hickman inquired if there was an RTA bus pull -out. Community Development Director Brady indicated that he was not aware of where the stop would be. Councilman Magee questioned the status of the grading permit application. Community Development Director Brady indicated that he was not sure, but he believed it was moving forward. Councilman Magee questioned if the plans had been submitted. Don Howells, representing the applicant, indicated that they filed for grading permit yesterday, and submitted plans for review. Councilman Magee questioned their estimated start date if the plans were checked in 30 to 45 days. Mr. Howells explained that they needed this meeting to allow them to get started. Councilman Magee inquired if staff was confident they could complete plan check in 30 to 45 days. Staff confirmed. Mr. Howells indicated that work would be seen on the project in August. Mayor Pro Tem Kelley noted that this was the same map from before, and expressed support. MOVED BY HICKMAN, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FINAL MAP, SUBJECT TO CITY ENGINEER'S ACCEPTANCE AS BEING TRUE AND CORRECT; ACCEPT ALL DEDICATIONS AT TIME OF RECORDATION; AND AUTHORIZED THE CITY CLERK TO SIGN THE MAP AND ARRANGE FOR RECORDATION. ADJOURNMENT Page Three — Special City Council Meeting — July 8, 2004 THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 5:09 P.M. THOMAS BUCKLEY ,NMYOR CITY OF LAKE SINORE AT ST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 139 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:30 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (2 cases). (F:40.10)(X:52.1) City Attorney Leibold announced the Closed Session discussion items as listed above. Page Two - City Council Minutes — July 13, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:31 P.M. The Closed Session discussion was completed at 6:35 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Police Chief Fetherolf, Lake & Aquatic Resources Director Kilroy, Finance Manager Magee, Information /Communications Manager Dennis, and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Max Aragon. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection for Justin Hunt and his family, noting that Mr. Hunt was a Marine, recently killed in Iraq. Page Three — City Council Minutes — July 13, 2004 PRESENTATIONS /CEREMONIALS a. Presentation - July 4th Boat Parade Awards. (F:56.1) Mayor Buckley noted that Lake & Aquatic Resources Director Kilroy and Donna Lucas (from Collector's Corral) would be presenting the awards. Lake & Aquatic Resources Director Kilroy explained that as part of the July 4th celebration, there was a Boat Parade of Lights with fifteen participants. He noted that each participant received a commemorative ribbon. He further noted that the City sponsored a friendly boat judging competition and advised that Donna Lucas from Collector's Corral, Elsa LaMore, Manager of Elsinore West Marina and Frank & Fran McChrystal, Managers of the LERA Campground served as judges for the competition. He introduced Donna Lucas for presentation of the awards. Ms. Lucas noted that everyone had a lot of fun and questioned how many people saw the Boat Parade. She indicated that the next day she heard that people really liked it, and noted that the fireworks were spectacular. She recognized and introduced the Parade Winners as follow: 3rd Place - Ted Evans & Diane Roberts on Teddy Bear 2nd Place - Emily Cruzan, Teri Brigitel and Mark Piasik 1 st Place — Lake Elsinore Historical Society She noted that the 1St place boat was magnificent, and commended everyone on their participation. Mayor Buckley thanked all of the participants and noted that he had ridden on the boat that won 1 st place. b. Presentation - Parks & Recreation Month. (F:122.1) _ Recreation & Tourism Manager Fazzio, suggested that anyone viewing the boat parade next year, should bring binoculars to fully enjoy the detail on the boats. She advised that in July, the City was celebrating Parks & Page Four — City Council Minutes — July 13, 2004 Recreation Month. She indicated that the annual celebration was held in July each year, as school is generally out and families are vacationing. She introduced the Community Services staff and indicated that their department provided most of the Recreation Programs, Special Events and Classes; and maintained the streets and parks. She displayed the Recreation Brochure noting that it is mailed to every house in the City, and contains information on classes, lake use, etc. She presented a power point presentation on the services provided by Community Services, highlighting some of the classes, league activities and programs. Mayor Buckley questioned the ability to link this information to the website. Staff confirmed. Ms. Fazzio introduced staff members from various aspects of Community Services to introduce members of the Community who interact with the department on a regular basis. Community Services Coordinator Maureen Foster - Davis, representing the -- Community Center introduced Max Aragon, as a positive person for the City, who recognized the positive possibilities; and noted that he served as the Acting Workshop Coach and helped coordinate the Adult Softball Leagues. Mr. Aragon thanked the Community Services staff for their efforts and contributions to the success of the programs. He noted the growth of the Adult Softball Program and the Acting Workshops, and noted that on Discovery Channel on July 22 °d, many local residents would be included as extras on the D.B. Cooper Story. He stressed that the staff was doing their best to make everything work well. Parks & Open Space Manager Fazzio introduced Ian & Samantha Haskins, noting that Ian was the President of the Lake Elsinore Soccer Club, which utilizes Summerlake Park. He indicated that without Mr. Haskins' assistance he could not do his job as well. He expressed appreciation for his assistance and support. Page Five — City Council Minutes — July 13, 2004 Mr. Haskins indicated that they were excited about their new grass in the park. He detailed the programs at Summerlake Park and noted that in addition to the two Adult Soccer Leagues, they had over 700 kids playing every week. Mr. Haskins' daughter, Samantha, read a statement detailing her participation in sports in City parks. Mr. Haskins reiterated that the fields had just been repaired. He noted his past work with the Little League at Swick - Matich park and stressed the ongoing progress with the parks, and the need to push for continued growth. He stressed that the Council should push the developers to provide more parks for youth sports. Community Services Coordinator Arline Gulbransen, representing the Senior Center, noted the services and programs provided by staff and volunteers at the Senior Center. She introduced Sally Coleman, who provides many of the exercise programs at the Center, as well as the Arthritis Support Group. Ms. Coleman stressed the importance of exercise for Seniors, and noted the success of the programs. She stressed the positive attitude of staff toward the helpers at the Center, and stressed their efforts to keep the facility clean and the air conditioning available. She further stressed the benefits of Seniors working together and spending time together. She expressed appreciation to the City for making the Center available to them, and complimented the City on great programs. Recreation & Tourism Manager Fazzio thanked everyone for their comments and thanked Information/Communications Manager Dennis for his assistance with the power point presentation. C. Presentation - Chamber of Commerce Update. (F:108.4) Jack McColley, Chairman of the Board, Lake Elsinore Valley Chamber of Commerce thanked the Council for the opportunity to provide an update on Chamber activities. He advised that on July 15th, the Lake Elsinore Storm Page Six — City Council Minutes — July 13, 2004 would be hosting the Sixth annual event with the Lake Elsinore Chamber and other Chambers of Commerce at the Diamond, and detailed the event. He reminded the community that the Area Code would be changing on July 17th from 909 to 951; and advised that their website included a list of the areas in which the change would occur. He advised for the Chamber Members with Internet billboards, they would be changed automatically to reflect the new Area Code. He announced that the next Chamber Mixer would be hosted by the City, in the Cultural Center on July 21St, from 5:30 to 7:30, to celebrate the City's sisterhood with a Tahitian City. He invited everyone to attend. He also invited everyone to participate in the Annual Reverse Drawing on July 29th and explained the event and prizes. He thanked the event sponsors including Abbacy Development, Lake Chevrolet, Lake Elsinore Ford, Near Cal Corporation and the City of Lake Elsinore. He advised that Congressman Darryl Issa would be the speaker at the August EDC Meeting on August 12th at the Diamond Club, and detailed the topics for the EDC Meetings for the remainder of the year. a- CLOSED SESSION REPORT City Attorney Leibold reported that the items as listed on the Agenda were discussed in Closed Session with no reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE David Cooper, 32900 Riverside Drive, addressed the council on the matter of prayer in public meetings. He noted that he attended meetings in the past and stressed that religious freedom should be the first and most fundamental right of all Americans. He indicated that while he understood the use of the Moment of Silence was due to the threat of being sued by the ACLU if there was a prayer. He commented that the ACLU was an atheist organization and expressed concern with payer being taken out of the schools, commencement ceremonies and City Council meetings. He suggested that it was getting to the point that Christians would not be able to make statements. He noted that there were several members Page Seven — City Council Minutes — July 13, 2004 of the church present to support him; and expressed hopes that it could be reinstituted in City Council meetings. Frank Estrada, 31036 Nebraska Street, indicated that he was present to thank the City Manager for his assistance with neighborhood problems, noting that the area was cleaned up in three days and the "dead" car was removed. He thanked Councilman Hickman for encouraging him to speak out. He commented that there was a bad image about the City Manager, but stressed that he was out there doing the work. He indicated that it got done very quickly and had changed the area. He stressed the efforts to clean up the community for visitors. He commented that he felt good about living here and calling this his City. He stressed the quality of City workers and noted the heat in which they worked on the day they were cleaning up his neighborhood. He stressed that they did a super job, and suggested that the entire Council should feel good about it. Mary Lewis, 3820 Ulla Lane, indicated that their road is a small, private road, and expressed concern that Wesco Development had been moving hundreds of trucks of dirt down their road. She advised that they had been dumping dirt at the end of the road, and it was a major concern to the neighborhood. She indicated that she would like to know whether they have a permit, and if they have the right to move this amount of dirt over the last few days. Community Development Director Brady indicated that he had been made aware of the situation and sent out the Public Works Inspector. He advised that the developer was stopped, as they did not have a permit. Paula Graver, 218 Ellis Street, noted that she was soon to be ex- tenant at Ellis Street. She indicated that her landlord, Charles Gifford had kicked her out, although her rent was paid, and Section 8 housing was in place. She indicated that there was non - existent low income housing in Lake Elsinore, especially with provisions for Section 8. She expressed concern with the lack of housing and noted that she was about to be put out on the street, and was looking for a place to rent. Page Eight — City Council Minutes — July 13, 2004 Jim Savage, 663 La Harve, expressed concern with the Council decision to discontinue Invocations. He noted the pressure from the ACLU, but indicated that he could not comprehend why that would be allowed to prevent the Council from doing the right thing. He noted that the Constitution allowed for the "blessings of liberty "; and the Declaration of Independence referenced rights "endowed by the Creator ". He commented that he understood that it was politically incorrect, but he was not suggesting a single religion over others. He stressed that the Council should do what was right, and a short prayer would not hurt. He urged each Councilmember to do something to send a message to those who would remove all traces of God from our lives. Councilman Schiffner noted that the one minute Public Comments were not limited, so they could be used for a short prayer by any member of the public. Chris Mellor, 18311 Walnut, noted his past as a drunk and drug addict and stressed the benefit of religion in his life. He indicated that he was now clean and sober for eight years and was an example of God's grace. He commented that his life had been hopeless and wicked, but his prayers were answered. He stressed that God answers prayers. Kim Alexander, 111 N. Lindsay, addressed the issue of prayer in public meetings, and noted the impacts on Christians around the world. She suggested that to give up prayer voluntarily was a step in the wrong direction; and stressed that this was a bad time to fall away from God, with the state of the world. She encouraged the Council and community to pray and keep on praying. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 5, 8 and 9. CONSENT CALENDAR Page Nine — City Council Minutes — July 13, 2004 The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 8, 9. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE MINUTES AMENDED AS DISCUSSED DURING THE 4 P.M. STUDY SESSION. The following Minutes were approved: a. City Council Study Session - May 20, 2004. b. Regular City Council Meeting - May 25, 2004. C. Regular City Council Meeting - June 8, 2004. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - June 15, 2004. (F:60.3) 2. Ratified the following Warrant Lists: a. June 15, 2004. b. June 30, 2004. (F:12.3) 3. Approved Fiscal Year 2004 -05 Budget Adjustments as presented, in the amount of $27,100, adjusting the unallocated revenue balance for June 30, 2005 from $2,195,706 to $2,168,606. (F:30.1) 4. Approved Funding Allocation for the Interim Improvements at I -15 and Railroad Canyon Road, in the amount of $850,390. (F:82.2) 6. Approved Consultant Contract Award for the Interstate 15/Railroad Canyon Page Ten — City Council Minutes — July 13, 2004 Road Project Report to SC Engineering, in the amount of $299,274, for a Project Report/Preliminary Environmental Document (F;68.1)(X:82.2) 7. Approved Agreement by and between County of Riverside and City of Lake Elsinore for Traffic Signal at Grand Avenue and Ontario Way, Authorized the Mayor to execute the Contract and Authorized Staff to transfer $60,000 from AB 2766 for the City's portion of the project costs. (17:68.1)(X:162.4) PUBLIC HEARINGS 21. Final Environmental Impact Report No. 2004 -05, State Clearinghouse No 2004031090; Tentative Parcel Map No. 31983; Commercial Design Review Nos. 2003 -12 and 2004 -05; and Conditional Use Permit Nos. 2003 -17 and 2004 -20 thru 2004 -23 for the Lake Elsinore Square - Resolution No. 2004- 44. (F:58.2) Mayor Buckley opened the public hearing at 7:55 p.m. Community Development Director Brady detailed this item for the Home Depot project at Central and Collier. He indicated that the location was a 21.2 acre site, and was currently proposed to be developed with a Home Depot and other retail shops. He displayed the site plan and detailed the site configuration, with the primary access at Hunco Way. He noted the other access points. He addressed that the traffic circulation to the area would also be significantly impacted by the Costco/Lowe's center. He advised that staff was working on interim improvements for the freeway access. He detailed the items for consideration and advised that the matter went to the Planning Commission and approval was recommended. He further advised that the applicant was present at this meeting, and noted that the on -site parking was planned for 129 more spaces than would be required by the Code. Mayor Buckley asked those persons interested in this item to speak. No one spoke. _. Page Eleven — City Council Minutes — July 13, 2004 Mayor Buckley requested clarification that the distance was about 1,000 feet from Collier to the light. Community Development Director Brady detailed the traffic light locations. Mayor Buckley inquired if the project had been designed so the interchange could be expanded without too much hassle. Community Development Director Brady confirmed that staff had been working with Caltrans, and the configuration of the ramps should not impact the project. Mayor Buckley commented that he did not want another Railroad Canyon, and noted that funding had been approved this evening to start fixing that problem. Councilman Hickman inquired if the Home Depot project would bring widening of Collier all the way to Riverside Drive. Community Development Director Brady indicated that it would not at this point, as they would only improve the area adjacent to the site. He clarified that there would be a transition from the improved area to the area ad j acent to the cemetery. Councilman Schiffner inquired if the applicant was able to share the names of any other site occupants. Community Development Director Brady deferred to the applicant. Frank Coda, representing the applicant, indicated that the deals were speculative, but they were talking to Petco, Michael's and Farmer Boys Restaurant. He stressed that they were still finalizing deals. Councilman Hickman indicated that he would love to have a Trader Joe's. Mayor Pro Tem Kelley concurred with the suggestion of a Trader Joe's. She questioned the eight foot wall, and if there would be landscaping along it. Community Development Director Brady confirmed. Mayor Pro Tem Kelley questioned if it would help prevent graffiti. Mr. Brady confirmed. Mayor Pro Tem Kelley indicated that this was a wonderful project, and commented that she was happy to have it in the community. She noted that it would generate $500,000 to $700,000 in tax revenues in the first year, and provide a substantial number of jobs. She noted that the concerns with the Page Twelve — City Council Minutes — July 13, 2004 traffic were discussed in the study session; and stressed that the Council was watching that very closely. She indicated that she was hoping that Caltrans would expedite the processes. Councilman Magee thanked the applicant for having the faith and courage to make this substantial investment in the community. He indicated that he was very impressed by the materials provided. Mayor Buckley noted that they would be opening the doors on the project in about a year. The applicant confirmed, noting that it was dependent on Caltrans. Mayor Buckley closed the public hearing at 8:05 p.m., and noted that there were four things to be voted on. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-449 CERTIFYING FINAL EIR NO. 2004-05 (SCH NO. 2004031090), BASED ON THE FOLLOWING FINDING: RESOLUTION NO. 2004-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT NO. 2004 -05. FINDING — FINAL ENVIRONMENTAL IMPACT REPORT Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the Draft EIR. Based on the information provided in the Draft EIR prepared for the subject project known as the Lake Elsinore Square, it was concluded that specific —' Page Thirteen — City Council Minutes — July 13, 2004 overriding economic, legal, social, technological or other benefits of the project outweigh the one (1) unavoidable impact (air quality) that cannot be avoided and that with the recommended mitigations, the proposed project will not have a significant effect on the environment._ MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 31983, BASED ON THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS — TENTATIVE PARCEL MAP 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map as designed assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of commercial land uses that strengthen the City's economic base and offer a range of enterprises that serve the needs of the residents and visitors. 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. The City has considered the need for day -to -day shopping, which includes convenience goods, food and personal services, in contrast to the impacts related to the project's implementation and has determined that there are overriding considerations that outweigh the one (1) unavoidable significant impact (air quality). Page Fourteen — City Council Minutes — July 13, 2004 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts, except one (1) unavoidable significant impact (air quality) that cannot be avoided to which the City recommends adoption of the "Statement of Overriding Considerations ". MOVED BY MAGEE, SECONDED HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT DESIGN REVIEW NOS. 2003 -12 AND 2004 -05, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: FINDINGS — DESIGN REVIEWS) 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. The proposed Commercial Design Review(s) located within Assessor Parcel Number(s) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 comply with the goals and objectives of the General Plan, in that the approval of this Commercial Shopping Center will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review(s) located at Assessor Parcel Number(s) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, Page Fifteen - City Council Minutes - July 13, 2004 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 are appropriate to the site and surrounding developments in that the Shopping Center known as the Lake Elsinore Square has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review(s) located at Assessor Parcel Number(s) 377 -060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will generally not have a significant effect on the environment pursuant to attached Conditions of Approval except that there is one (1) unavoidable significant impact (air quality) that cannot be avoided, to which the City recommends adoption of the "Statement of Overriding Considerations ". 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the -- Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review(s) located at Assessor Parcel Number(s) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, Page Sixteen — City Council Minutes — July 13, 2004 024, 025, 026, 027, & 028 has been scheduled for consideration and approval of the Planning Commission. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE CONDITIONAL USE PERMITS 2003- 17 AND 2004 -20 THROUGH 2004 -23, BASED ON THE FOLLOWING FINDINGS, EXHIBITS "A" THRU "S" AND THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley welcomed the applicant to the community. FINDINGS — CONDITIONAL USE PERMITS) 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. In order to achieve a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, staff has thoroughly evaluated the land use compatibility, noise, traffic and other environmental hazards related to the proposed Conditional Use Permit(s) for the outdoor display of merchandise, drive -thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377 -060- 009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028. Accordingly, the proposed land use is in concurrence with the objectives of the General Plan and the purpose of the planning district in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. _ Page Seventeen - City Council Minutes - July 13, 2004 In accord with the purposes of the Chapter 17.74 (Conditional Use Permits) of the Lake Elsinore Municipal Code, the City realized that the proposed outdoor display of merchandise, drive -thru establishments and outdoor dining areas located at Assessor Parcel Numbers) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 may have a potential to negatively impact the welfare of persons residing or working within the neighborhood or the City. Considering this, staff has substantiated that all applicable City Departments and Agencies have been afforded the opportunity for a thorough review of the use and have incorporated all applicable comments and /or conditions related to installation and maintenance of landscaping, street dedications, regulations of points of vehicular ingress and egress and control of potential nuisances, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding neighborhood or the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the LEMC. The proposed outdoor display of merchandise, drive -thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377 -060- 009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 has been designed in consideration of the size and shape of the property, thereby strengthening and enhancing the immediate commercial and industrial areas. Further, the project as proposed, will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects, in that the proposed uses have been reviewed to ensure adequate provision of screening from the public rights -of -way or adjacent properties. Page Eighteen - City Council Minutes - July 13, 2004 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed outdoor display of merchandise, drive -thru establishments and outdoor dining areas located at Assessor Parcel Numbers) 377 -060- 009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 has been reviewed as to its relation to the width and type of pavement needed to carry the type and quantity of traffic generated, in that the City has adequately evaluated the potential impacts associated with the proposed uses prior to its approval and has conditioned the project to be served by roads of adequate capacity and design standards to provide reasonable access by car, truck, transit, and bicycle. lw. 5. In approving the subject use located at Assessor Parcel Number(s) 377 -060- 009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 there will be no adverse affect on abutting property or the permitted and normal use thereof. The proposed use has been thoroughly reviewed and conditioned by all applicable City Departments and outside Agencies, eliminating the potential for any and all adverse effects on the abutting property. 6. Adequate conditions and safeguards pursuant to Section 17.74.50 of the LEMC have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.74.050 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed outdoor display of merchandise, drive -thru establishments and outdoor dining areas located at Assessor Parcel Number(s) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 Page Nineteen — City Council Minutes — July 13, 2004 has been scheduled for consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL FOR THE PROJECT KNOWN AS THE LAKE ELSINORE SQUARE LOCATED AT ASSESSOR PARCEL NUMBER(s) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 0129 0199 0209 0219 0229 0239 0249 0259 0269 0279 & 028 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Lake Elsinore Square located at Assessor Parcel Number(s) 377 - 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall comply with all mitigations at the described milestones contained in the Mitigation Monitoring Plan contained within the Draft Environmental Impact Report (SCH No. 2004031090). TENTATIVE PARCEL MAP NO. 31983 3. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate Page Twenty — City Council Minutes — July 13, 2004 instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 4. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's against the commercial shopping center requested herein. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. 7. No building in the development shall be sold unless a corporation, association, property management group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which -- Page Twenty -One — City Council Minutes — July 13, 2004 shall include compulsory membership of all owners of lots and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 8. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 9. Membership in the Property Management Association shall be mandatory for each buyer and successive buyer. 10.Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established, which will cause a merging of all development phases as they are completed and embody one (1) property Maintenance with common area for the total development of the subject project. 11.In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 12.Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. 13.The applicant shall comply with those mitigation measures identified in the Draft Final EIR (SCH No. 2004031090) Mitigation Monitoring Program prepared for the project requested herein. Page Twenty -Two — City Council Minutes — July 13, 2004 (Amended at the June 15, 2004 Planning Commission Meeting) DESIGN REVIEW FOR COMMERCIAL PROJECT(S) 14.The Design Review approval located at Assessor Parcel Number(s) 377- 060 -009, 010, 011, and 377 - 070 -004, 005, 006, 007, 008, 011, 012, 019, 020, 021, 022, 023, 024, 025, 026, 027, & 028 shall lapse and become void two (2) years following the date on which the Design Review became effective, unless prior to the expiration of two (2) years, a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this two (2) year period and shall continue to be valid upon a change of ownership of the site. 15.Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of -- Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 16.Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto, or a construction/site improvement phasing plan as otherwise approved by the Community Development Director. 17.All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. Page Twenty -Three — City Council Minutes — July 13, 2004 18.Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 19.Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 20.The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 21.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. This may require increased parapet height given the elevation of Interstate 15 (1 -15) and freeway off -ramp located to the east. 22.Materials stacked within the garden center shall not exceed the height of the garden center walls nor be visible from surrounding streets or properties. 23.No outdoor storage of materials /merchandise is permitted, including temporary storage in the off - loading area on the north side of the garden center and east side of the major buildings, with the exception of the outdoor trailer sales area, the sidewalk sales area, and the seasonal sales area, as noted on the Site Plan (Exhibit B) associated with this project. Materials /merchandise unloaded shall be immediately moved inside the building. The garden center is not considered outdoor storage so long as it complies with the condition noted above. Page Twenty -Four — City Council Minutes — July 13, 2004 24.All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 25.All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 26.All cornice elements and back sides of parapets exposed to public view shall be architecturally enhanced, subject to the review and approval of the Community Development Director or Designee. 27.The applicant shall add the proposed stone veneer to the cart corral pilasters and to the columns identified on the Outdoor Garden Center perimeter to match the main building, subject to the review and approval of the Community Development Director or Designee. 28.The applicant shall add architectural enhancements to the south and west elevations of the buildings identified for Pad(s) "B" and "D" (i.e. fabric awning, tile inset with concrete frame, stone veneer columns, etc.), subject to the review and approval of the Community Development Director or Designee. 29.The applicant shall significantly enhance the architecture of the proposed building identified on Pad E, as it is positioned in a highly visible location at the corner of Collier and Central Avenues. The enhancements shall be incorporated to all elevations of the building, and shall be subject to the review and approval of the Community Development Director or Designee, and may be brought back to the Planning Commission at the discretion of the Community Development Director. 30.The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. -- Page Twenty -Five — City Council Minutes — July 13, 2004 3 LAU building signage shall comply with the Sign Program submitted to the Planning Division. 32.All drive aisles and loading areas shall be kept and maintained free and clear of any materials /merchandise so as not to obstruct on -site circulation and deliveries. 33.Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 34.Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). _. 35.The applicant shall provide supplementary landscaping in the form of larger trees and shrubs along the southbound Interstate 15 (I -15) freeway off -ramp at the rear of Majors "1" thru "6" to further screen the loading areas from the public right -of -way, pursuant to the approval of the Community Development Director. 36.All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 37.0n -site landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or Designee. 38.Provide a decorative fountain or artwork at the terminus of the main east/west drive aisles from Collier Avenue. Any future artwork shall be subject to the review and approval of the Community Development Director or Designee. 39.The applicant shall construct an eight (8') foot high block wall along the north property line adjacent to the Elsinore Valley Cemetery property. Page Twenty -Six — City Council Minutes — July 13, 2004 40.Applicant shall meet ADA (Americans with Disabilities Act) requirements. 41.Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 42.No exterior roof ladders shall be permitted. 43.All service and loading doors shall be painted to match the building. 44.0n -site surface drainage shall not cross sidewalks. PRIOR TO BUILDING /GRADING PERMITS 45.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 46.Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty - four -inch (24 ") box in size. Page Twenty -Seven — City Council Minutes — July 13, 2004 c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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. Page Twenty -Eight — City Council Minutes — July 13, 2004 k) Final landscape plans to include planting and irrigation details. 47.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. 48.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 49.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 50.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. amw CONDITIONAL USE PERMITS) 51.The Conditional Use Permit approved herein shall lapse and shall become void two (2) years following the date on which the use permit became effective, unless prior to the expiration of two (2) years a building permit is issued and construction commenced and diligently pursued toward completion on the site. 52.The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code, Title 17 unless modified by approved Conditions of Approval. 53.The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. Page Twenty -Nine — City Council Minutes — July 13, 2004 54.Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 55.The hours of operation for the project shall be limited to the hours of operation expressed within the Business Plan submitted. 56.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. 57.The use of an outdoor public address system shall not be allowed, with the exception of the Outdoor Garden Center. 58.No outdoor food vending shall be permitted with the proposed project. 59.Security lighting shall be required. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. The light fixture proposed is to "aura' shall be consistent with the architecture of the building. A photometric Plan illustrating this condition shall be required subject to the review and approval by the Community Development Director or designee. (Amended at the June 15, 2004 Planning Commission Meeting) ENGINEERING 60.Dedicate a full half -width right -of -way for Collier Avenue consistent with the circulation element of the General Plan. 61.Construct full half -width road improvements along the project frontage of Collier Avenue consistent with the General Plan. Page Thirty — City Council Minutes — July 13, 2004 62.Dedicate a full half -width right -of -way for Central Avenue consistent with the circulation element of the General Plan. 63.Construct full half -width street improvements along the project frontage of Central Avenue consistent with the General Plan. 64.The applicant shall deposit cash in lieu for construction of half width median improvement required on Central Avenue and Collier Avenue. 65.All street improvements on State Route 74 (Collier Avenue and Central Avenue) shall require an encroachment permit from CALTRANS. 66.All drive entrances shall be clear of parking stalls and drive aisles for a distance of forty (40) feet. 67.Applicant shall comply with the mitigation described in the approved -- traffic plan. 68.All signage and landscaping shall be located so as to not obstruct the sight distance of vehicles entering or exiting the development. 69.Construct a signalized intersection at Hunco Way and Collier Avenue, the main entrance of the project. 70.Construct an asphalt transition from the approved street improvements to the existing pavement. The transition shall allow for the conveyance of stormwater and shall be consistent with CALTRANS' standards. 71.The main entrance on Collier Avenue and the entrance at Central Avenue shall provide for a dedicated right turn/deceleration lane. 72.Applicant shall pay City TIF and County TUMF fees. Page Thirty -One — City Council Minutes — July 13, 2004 73.Applicant shall provide for detention of the incremental increase in stormwater runoff, or provide documentation that the size of the storm drain pipe can accommodate the drainage for the area. Calculations shall be consistent with Riverside County Flood Control standards. 74.Provide for compliance with the Santa Ana Regional Clean Water Run -off Permit. 75.The southerly driveway located on Collier Avenue shall be right in and right out only. 76.The structure on Pad "B" shall be located such that sight distance for vehicles exiting the drive - through is maintained. 77. Stacking for drive - through traffic at Pad "C" shall not obstruct drive aisle circulation. 78.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. 79.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 80.All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 81.Pay all Capital Improvement and Plan Check fees (LEMC 16.3 4, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. i Page Thirty -Two — City Council Minutes — July 13, 2004 82. 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. 83.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). 84. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 85.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. 86.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 V? x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 87.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 88.Applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to final map approval. 89.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. Page Thirty -Three — City Council Minutes — July 13, 2004 90.Provide fire protection facilities as required in writing by the Riverside County Fire Department. 91.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 92.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 93.Applicant shall submit a traffic control plan showing all traffic control devices for internal circulation 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 Signs for streets within the project. 94.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 95.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 96.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Page Thirty -Four — City Council Minutes — July 13, 2004 97.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 98.An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 99.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 100. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 101. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 102. 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. 103. 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 ". Page Thirty -Five — City Council Minutes — July 13, 2004 104. 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. 105. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 106. Meet all requirements of LEMC 15.68 regarding flood plain management. 107. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 108. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 109. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 110. 10 -year storm runoff should be contained within the curb and the 100 - year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 111. A drainage acceptance letter will be necessary from the downstream property owners in the event outletting the proposed stormwater run -off impacts private property. 112. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 113. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of Page Thirty -Six — City Council Minutes — July 13, 2004 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. 114. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 115. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 116. 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. 117. All parcels shall have direct access to public right -of -way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way by separate instrument or through map recordation. 118. The final map shall show the abandonment of dedications of public right - of -way or easements by appropriate certifications on the map. 119. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 120. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The Page Thirty -Seven — City Council Minutes — July 13, 2004 applicant should contract with CR &R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 121. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 122. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 123. Applicant shall pay park -in -lieu fees for all proposed commercial buildings. 124. Applicant to maintain all on -site landscaping. 125. Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 126. Applicant to comply with all NPDES regulations. OUTSIDE AGENCIES Page Thirty -Eight — City Council Minutes — July 13, 2004 127. The applicant shall comply with all recommendation and requirements identified in the attached letter from Riverside Transit Agency dated December 8, 2003. 22. Tentative Tract Map No. 30496 (Cannon Hills Specific Plan). (F: 160.2) Mayor Buckley opened the public hearing at 8:07 p.m. Community Development Director Brady explained this project and detailed the location. He noted the commercial sites and multi - family uses within the project. He advised that the Planning Commission had recommended approval of the project; and noted that it was under the EIR for the entire Specific Plan area. He indicated that the applicant was present at this meeting, and noted that there were not specific plans or design review considerations at this time, other than the fire station. Jim Stringer, Pardee Homes, indicated that they had reviewed and agreed to all of the Conditions of Approval; and explained that this map was for financing and leasing purposes. He indicated that there would be ample time to review the project. There were no additional comments from the public regarding this project. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE TENTATIVE TRACT MAP NO. 20496, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL. Councilman Magee commented that Pardee Homes first approached the City in 1988 and waited for the market to come to them. He indicated that they had been a good partner for growth and thanked them for their participation in the community. Councilman Hickman commented that he was amazed with how quickly the fire station was moving. Mr. Stringer indicated that there was a Page Thirty -Nine — City Council Minutes — July 13, 2004 construction meeting tomorrow and construction would start next week. Councilman Hickman thanked Mr. Stringer for coming to the community. Mayor Buckley closed the public hearing at 8:11 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The General Plan designates the project site as "Canyon Hills Specific Plan ". The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the Canyon Hills Specific Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Page Forty — City Council Minutes — July 13, 2004 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 30496 - PARDEE HOMES PLANNING DIVISION GENERAL 1. Tentative Tract Map No. 30496 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 30496 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 30496 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Page Forty -One — City Council Minutes — July 13, 2004 Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement; and Community Facilities District (CFD) No. 2003 -02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Specific document and Tentative Tract Map No. 30496. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department (see attached comments from Fire Department dated October 1, 2003). 11.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, Agents, or Consultants to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Page Forty -Two — City Council Minutes — July 13, 2004 Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PRIOR TO FINAL TRACT MAP 12.All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13.A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16.The applicant shall comply with all conditions of the Riverside County Fire Department. 17.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18.Construction of multi - family units require approval of Condominium Plan(s). 19.All future structural development associated with this map requires separate Design Review approval. 20.Prior to Design Review approval, the applicant shall provide the following: ._ �. Page Forty -Three — City Council Minutes — July 13, 2004 • Design of bus shelter(s) along Railroad Canyon Road. Said design shall comply with design standards of the Riverside Transit Agency and City. • Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be -- provided with additional architectural enhancements and articulations. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter walls around the subdivision shall be of decorative masonry concrete block. 21.Design for all drainage basins proposed with Tentative Tract Map No. 30496 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain -link fencing is prohibited. PRIOR TO BUILDING PERMIT /GRADING PERMIT Page Forty -Four — City Council Minutes — July 13, 2004 22.Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 23.The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 24.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25.Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineering Manager, for all required utility services. 26.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27.All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. 28.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29.Pay all applicable fees including park fees. 30.The applicant shall submit a street improvement plan which describes proposed street and right -of -way improvements along Railroad Canyon Road and Canyon Hills Road, subject to approval by the City Engineering Manager. Said street improvement plan shall show design of proposed deceleration lanes, Page Forty -Five — City Council Minutes — July 13, 2004 roadway widening, driveways and approaches, median breaks, traffic signal, etc. 31.The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 32.Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (i.e. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Page Forty -Six — City Council Minutes — July 13, 2004 34.The applicant shall meet all requirements of the providing electric utility company. 35.The applicant shall meet all requirements of the providing gas utility company. 36.The applicant shall meet all requirements of the providing telephone utility company. 37.A bond is required guaranteeing the removal of all trailers used during construction. 38.All signage shall be subject to Planning Division review and approval prior to installation. 39.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineering Manager and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. 40.The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 41.The applicant for future commercial development shall prepare CC &Rs to describe methods for maintaining common areas, parking and drive aisle areas, landscaped areas, parkways, and all underground and above ground utility infrastructure improvements. Page Forty -Seven — City Council Minutes — July 13, 2004 42.The applicant for future commercial development shall establish a reciprocal access and parking agreement with all prospective tenants. 43.The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 44.The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 45.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 46.Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and/or HOA. ENGINEERING 47.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. 48.Tentative Tract Map 30496 shall be subject to all applicable conditions of approval of Tract Map 23848 and the approved Canyon Hills Specific Plan. 49.Applicant shall provide access for all parcels in Tentative Tract Map 30496. Page Forty -Eight — City Council Minutes — July 13, 2004 50.0n -site roadway system shall be consistent with proposed alignments on Tentative Tract Map 30496. 51.All open space and slopes except for public parks and schools, outside the public right -of -way shall be owned and maintained by either a homeowner's association or private property owner. 52.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 53.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site or a statement by a registered Geologist stating that this project is outside the study zone. 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. 55.0n -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 ". 56.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineering Manager. 57.All parcels that border the San Jacinto River shall be protected from a 100 year storm event and a dam failure. 58.Applicant will be required to install first flush BMP's using the best available technology to mitigate any urban pollutants from entering the Cottonwood Creek and the San Jacinto River. .• Page Forty -Nine — City Council Minutes — July 13, 2004 59.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. 60.Applicant shall provide a traffic study prepared by a registered engineer to determine the need for access, traffic signals on Canyon Hills Road and Railroad Canyon Road and the timing for the installation prior to final map approval. If the traffic signal is needed, the applicant will install the traffic signal at the appropriate certificate of occupancy subject to the approval of the City Engineering Manager. 61.Access points to Railroad Canyon Road for Lots 1 -3 and 4 -11 shall provide for deceleration lanes at the project entrances. 62.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains shall drain to a landscaped area when ever feasible. 63.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. 64.The landscaping in the median of Canyon Hills Road and Railroad Canyon Road shall not block site distance. 65.No residential lot shall front and access shall be restricted on Railroad Canyon Road and so noted on the final map. 66.The applicant shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program Page Fifty — City Council Minutes — July 13, 2004 - shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists where required by the EIR. In the event significant historic material is discovered, it shall be removed before grading occurs. 23. Resolution No. 2004 -45, to Approve Placing Delinquent Refuse Bills on FY 2003 -2004 Tax Rolls. (F:163.1) Mayor Buckley opened the public hearing at 8:12 p.m. Parks & Open Space Manager Fazzio explained this item and noted that David Fahrion was present to answer questions. David Fahrion, representing CR & R, noted that this was the annual item for the fees that were not paid. He clarified that while there was a total of 1,620 parcels, most were from past years, or by request of the property owners, with only about 60 being delinquent. He offered to answer questions. There were no further comments. Mayor Buckley closed the public hearing at 8:13 p.m. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-45. RESOLUTION NO. 2004-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. Page Fifty -One — City Council Minutes — July 13, 2004 24. Public Hearin on n the proposed Street Vacation of Flint Street - Resolution No. 2004 -46. (F:10.1) Community Development Director Brady noted that this was a request by the property owner, and related to the area between Lowell and Kellogg. He explained that Flint Street was only on paper in that area, due to the topography. He indicated that there was no need for that portion of Flint to be developed or improved and recommended the vacation. Mayor Buckley opened the public hearing at 8:14 p.m., asking those persons interested to speak. No one spoke. The public hearing was closed at 8:15 p.m. ._. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-46, AND DIRECTED CITY CLERK TO RECORD THE STREET VACATION. RESOLUTION NO. 2004-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, FOR THE VACATION OF A PORTION OF FLINT STREET. 25. Multi- Species Habitat Conservation Program Fees - Ordinance No. 1124. (F:76.4) Mayor Buckley opened the public hearing at 8:16 p.m. City Attorney Leibold indicated that the last two pieces of the puzzle were the issuance of the Take Permit, which was just done on June 22nd; and the adoption of the Fee Ordinance by the City. She indicated that the proposed Ordinance was consistent with the form used by the County. She clarified that two readings were required, and the fees would be implemented sixty days later. Page Fifty -Two — City Council Minutes — July 13, 2004 Vida Boice inquired if this Ordinance would impact the public or only the builders. Mayor Buckley indicated that it was like the TUMF fee, which is paid at building permit on new development only. Mayor Pro Tem Kelley commented that the builders only means to pay this was to tack in onto the cost of the house. She detailed the costs associated with this program and indicated that she was not in favor of the MSHCP and would be voting no. Councilman Schiffner indicated that he would vote in favor of this item with great reservation, as he did not favor the MSHCP plan, but felt there was hardly any choice. Mayor Buckley closed the public hearing at 9:17 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1124, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY Page Fifty -Three — City Council Minutes — July 13, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Unallocated Revenue Policy. (F:120.1)(X:30.1) Administrative Services Director Pressey explained that this policy was presented as a best business practice. He detailed the factors included being scope, objectives, calculation of unallocated revenue balances, reporting, and allocation of unallocated revenues. He explained that it clarified what the balances could be used for, and recommended adoption. He concurred with a recommendation of Councilman Magee during the agenda review study session, with regard to the calculation and the inclusion of unanticipated savings in that number. City Manager Watenpaugh noted that another piece to include was the anticipated savings minus the savings going to the reserves. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE UNALLOCATED REVENUE POLICY AS PRESENTED. 32. Increase of Traffic Infrastructure Fee (TIF) for Development Projects - Resolution No. 2004 -47. (F:162.1) Community Development Director Brady explained that this item was for an adjustment to the Traffic Impact Fee which was adopted by the City Council several years ago, on new development for the improvement of roads in the City. He commented that it was used for specifically identified projects. He noted detailed the current fees and the new fees as proposed. He advised that the proposed increase was for a two year period at 7.6% or about $91 dollars per unit. He indicated that it would increase the funding available for improvements to circulation and traffic signals. He explained Page Fifty -Four — City Council Minutes — July 13, 2004 that there was an opportunity once a year to review the fees, and staff was recommending an increase. Councilman Magee commented that the increase reflected the increase in the construction cost index. He explained that it was like the cost of living, to keep pace with inflation. Councilman Hickman clarified that this was only added to new homes, so it was just a housekeeping item. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-47: RESOLUTION NO. 2004-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABLISHING AN INCREASE OF TRAFFIC INFRASTRUCTURE FEE (TIF) FOR DEVELOPMENT PROJECTS WITHIN THE CITY OF LAKE ELSINORE. 33. Developer Agreement Fee Policy. (F:120.1) Administrative Services Director Pressey indicated that as part of the annual budget adoption process, unallocated revenues and developer agreement fees had been discussed. He advised that the proposed policy would provide parameters on what those funds could be used for. He noted that the Government Code and Municipal Code both addressed Developer Fees, so there might be restrictions within the agreement with the developer, or the issue might not be addressed. He indicated that this would provide guidance toward the use of any unrestricted funds. He stressed that they were not routine operating costs, and were required to be used for public facilities or for the City residents in general. Page Fifty -Five — City Council Minutes — July 13, 2004 Councilman Schiffner commented that it sounded like they would apply to almost any public purpose. Mayor Buckley stressed that they were focused on one time issues. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE DEVELOPER AGREEMENT POLICY AS PRESENTED. 34. Economic Development Contracts. (F:68.1) City Manager Watenpaugh deferred to Assistant City Manager Best, noting that the funding for these items had already been approved. Assistant City Manager Best explained that this was the presentation of the annual memberships in support of economic development efforts. She noted that they included three contracts for which the funding had already been approved, so this is the consideration of ratifying memberships and approving contracts. She explained the function of the Economic Development Corporation of Southwest Riverside County, at a cost of $6,250, to include a seat on the executive committee with full participation. She noted that Diane Session was present in the event there were questions. She detailed the Economic Alliance, at an annual cost of $25,000, and noted that it had been the same amount since its inception. She detailed the other funding sources being other cities in the corridor and the County of Riverside. She advised that the third consideration was for the Chamber of Commerce, and noted that the Chamber provide local business networking services. She noted that the funding over the last two years had been $50,000 and that was being requested again. She reiterated that it was all allocated and set aside in the budget. She noted that Stevie Field and Jack McColley were also present for questions. _ Councilman Magee commented on the Southwest Economic Alliance and noted that the packages they develop are quite impressive. He indicated that the Alliance was fortunate to have Stevie Field working on the Page Fifty -Six — City Council Minutes — July 13, 2004 Alliance's behalf. He noted that they have four clients and she does not play favorites, but instead looks for the best match to the business or developer. He indicated that the City was extremely lucky to have that type of individual working on behalf of the City. Councilman Schiffner noted that he had been involved in a lot of discussion of highway facilities and noted that at each meeting there are comments that the area should do something to bring jobs. He indicated that he always wanted to tell them that programs such as this bring jobs. Mayor Pro Tern Kelley concurred with benefits of participation in these programs. She suggested that with regard to the Lake Elsinore Chamber of Commerce, she noted the events they sponsored and that she had looked at the goals and objectives. She suggested that some of them needed to be revitalized a bit. Councilman Hickman commented on the work of the Chamber. MOVED BY HICKMAN, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FOLLOWING REQUESTS: EDC of Southwest Riverside County - $6,250 South West California Economic Alliance - $25,000 Lake Elsinore Valley Chamber of Commerce - $50,000 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:45 P.M. ITEMS PULLED FROM THE CONSENT CALENDAR 5. Construction Contract for Machado Street Pavement Rehabilitation - R.J. Noble Company - $329,607. (F:156.2) Page Fifty -Seven — City Council Minutes — July 13, 2004 Mayor Buckley noted that Bill Titto, who had requested the opportunity to speak on this item, was not longer at the meeting. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE AWARD OF CONTRACT FOR THE MACHADO STREET PAVEMENT REHABILITATION TO R.J. NOBLE COMPANY IN THE AMOUNT OF $329,607; AND AUTHORIZED THE TRANSFER OF $117,000 FROM THE CITY GAS TAX REVENUES TO THE PROJECT 8. City Treasurer Benefits. (F:49.1) Chris Hyland, 15191 Wavecrest, indicated that based on the facts that the +. City Treasurer was an elected office, she would suggest that he have the same benefits as the Council, including the amount paid for meeting attendance. She stressed the number of hours elected officials spend in meetings. She indicated that the Treasurer is a great person who is scrutinizing how the tax dollars were spent. She stressed that he should be receiving the same benefits and money as the Council. Mayor Buckley clarified that pay was not being discussed, and suggested ratifying the benefits already in place. He noted the argument used for passage of the budget. Councilman Magee noted that the staff report stated that there were no documents found to support the existing practice, and looked forward to the day, when he no longer had to read that statement, and instead found that there were Council policies in place. MOVED BY MAGEE, SECONDED BY HICKMAN TO RATIFY THE EXISTING BENEFIT PACKAGE OF HEALTH, VISION AND DENTAL INSURANCE FOR THE CITY TREASURER. ._ Councilman Schiffner commented that there were several things that were not documented, that have been done for a long time. He noted that one of them is benefits for management staff, costing about $10,000 a year; and Page Fifty -Eight — City Council Minutes — July 13, 2004 noted that this is in a similar category and amounts to about $10,000 a year. He indicated that he was in favor of this, but stressed that in one case it seemed to be a crime and in the other it was not a problem at all. Councilman Hickman commented that the Health & Wellness benefit was a pilot program, but this had been going on for a long time. He indicated that he would support this item. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 9. Merit and Longevity Increases for Mana eg ment. (F:116.1) Mayor Buckley noted that Bill Titto who had requested an opportunity to speak on this item, was no longer in attendance. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO RATIFY THE -- MERIT AND LONGEVITY INCREASES FOR MANAGEMENT. Mayor Pro Tern Kelley noted that there was a study session on this item just a couple of days ago, and this was presented based on direction from that meeting. Councilman Magee commented that this item was discussed at the study session and in accordance with adopted City Personnel Policies, merit and longevity increases require a positive review by the supervisor, prior to disbursement of any increases. Councilman Hickman questioned the inclusion of the 2005 -06 increases as listed. Councilman Magee clarified that the information noted was intended at a budgeting tool; and stressed that to achieve the increases there would need to be a positive evaluation of their performance. Councilman Hickman indicated that he was just clarifying. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH COUNCILMEMBERS HICKMAN AND BUCKLEY CASTING THE Page Fifty -Nine — City Council Minutes — July 13, 2004 DISSENTING VOTES. Mayor Buckley noted that he would still like to revise the system. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:25 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Donna Franson, 7 Villa Valtelena, noted a number of businesspeople had joined together to form a non - profit Lake Elsinore Citizens Committee, to unite all of the people with a vested interest in the City. She indicated that they already had a Board of Directors, and employer identification number. She presented copies of the bylaws for the Council. She noted that they would be publishing a regular newsletter, and all Councilmembers were able to submit an article for the newsletter. She requested that the Mayor submit an article for the first newsletter. She advised that each newsletter would feature different businesses and development projects, and provide the latest updates on key issues such as the Lake, Police, Fire, Schools, and key projects. She stressed the difficulty for the average citizen to keep up with City's progress. She indicated that they would accomplish their goals by educating their members, attending meetings, reporting to their membership, and bringing their concerns to meetings. She commented that in the last 1980's and early 1990's, a lot of mistakes were made by the City Council, but everyone was paying the price for the mistakes. She noted that there was a bright light at the end of the tunnel, and she was looking forward to working with the Council. Harvey Ryan, 17561 Sunnyslope Drive, thanked the Mayor and Council for his appointment to the Planning Commission. He noted that it was a big responsibility and when he was sworn in, it was very humbling. He indicated that he was present at this meeting as a citizen and business owner in the City. He advised that he had lived here for 17 years, and owns a business in the City. He Page Sixty — City Council Minutes — July 13, 2004 indicated that he had good news about Lake Elsinore and commented that his experiences with the City had been great. He indicated that he and his brother opened a business and started talking to City Manager Watenpaugh in 1999 about his difficulties with the developer, the utilities and permits. He indicated that he had to get gas to the building. He advised that Community Development Director Brady called the people together to find a solution to get the building up. He indicated that because of the meeting his business was in Lake Elsinore, instead of somewhere else. He commented that they were waiting for customers and one day Assistant City Manager Best called and invited him to City Hall to discuss the economic gardening program and helped him grow their business; and they have prospered ever since. He commented that City officials were outside City Hall doing things for the City on their own time, and he had gotten to know these people better. He noted that they had done and excellent job in the assistance of the RDA Committee, and noted the additional assistance from Mark Dennis and Matt Pressey. He suggested that the thanks to the Committee should go to staff, as it would not have been possible without staff. He stressed the difficulty in -- keeping people motivated in the work force, and noted the importance of morale to a business. He indicated that he had come to realize that there was a lot of knowledge in the City staff, and stressed the depth of knowledge the staff had to obtain answers. He suggested the issues discussed over the last few weeks should be settled in City Hall and not the newspapers. He indicated that he appreciated the employees and would like to see it resolved in a fair and equitable way. He stressed the need of experiences people with knowledge and integrity. He offered his thanks to staff. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Congratulated those who participated in the Boat Parade, noting that it was a great turnout. 2) Reminded the Council and Community, that the City would be hosting the Sister City Program as part of the Chamber Mixer on -- Page Sixty -One — City Council Minutes — July 13, 2004 Wednesday, July 21" at 5:30 p.m., with representatives from the City's sister City in Tahiti. He explained that there would be an exchange of flags and a variety of gifts. He indicated that it was open to the entire community and free to the public. He clarified that the Council and staff would not be going to Tahiti. 3) Thanked the Council for their efforts this evening. 4) Indicated that staff would get information out about the Area Code Change. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber noted his comments at the last meeting regarding debt on the Stadium; and indicated that he met with the Finance Team and confirmed that about $38 million was still owed, as of today. He explained that it was about $22 million to build and he determined that there was indeed $38 million still owed. He indicated that he looked forward to the study on the tax increments in the RDA. He stressed that he wanted to see a plan to get rid of the debt, which would tie in with what was done with the money received from the sale of the Stadium. He stressed the need for caution with where the money is placed, and indicated it was important to do the right things with the money in hand right now. He noted that there were three outstanding bond issuances, but he felt it was possible to get rid of the debt and more forward. City Manager Watenpaugh noted that there were copies of Mr. Weber's report in Page Sixty -Two — City Council Minutes — July 13, 2004 the Council packets this evening. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Noted the availability of the Homeowners and Renters Tax rebates, and noted that application assistance was available at the Senior Center on Mondays and Tuesdays. He explained that if people had an annual income of less than $38,000 they could apply and get a rebate. 2) Indicated that he would like the copies of the petty cash disbursements and receipts for the last fiscal year. 3) Advised that Via Del Lago and Via del Luna had requested "no outlet" signs for their streets. 4) Announced the Senior Center trip to Estudillo Mansion in San Jacinto on July 15th. He suggested calling the Senior Center for information. 5) Indicated that he already had his tickets for the Reverse Drawing. Councilman Schiffner commented on the following: 1) Thanked the audience for attending and sticking around for the meeting. Mayor Pro Tern Kelley commented on the following: 1) Congratulated staff on the July 4th events. Councilman Magee commented on the following: Page Sixty -Three — City Council Minutes — July 13, 2004 1) Advised that he had been approached by Trauma Intervention Program, to make a presentation before the Council on July 27th. He indicated that he would provide the contact information to the City Manager. Mayor Buckley commented on the following: 1) Announced the following upcoming events. July 20 -22 — Baseball Showcase July 24th — Cruise Night ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:40 P.M. THOMAS Bl`T LEY, MAYOR CITY OF LA ELSINORE ATTEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR -- CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 279 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 7:02 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Associate Planner Morita, Engineering Manager Seumalo and City Clerk/Human Resources Director Kasad. CLOSED SESSION None. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere. Page Two — City Council Minutes — July 27, 2004 INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent reflection. PRESENTATIONS /CEREMONIALS a. Proclamation - Family of Justin Hunt. (F:122.1) Mayor Buckley called the Family of Justin Hunt forward for presentation, and noted that the United States has many heroes including Justin Hunt. He read and presented the Proclamation to the Hunt family, acknowledging their loss and thanking them for their son's service to the Country. Thomas Hunt thanked the Mayor and Council for this recognition. b. Presentation -Trauma Intervention Program. (F:108.1) Roseanne Orweiler, explained the TIP organization, which is comprised of volunteers who are trained to respond to the calls of first responders, to be with citizens in times of tragedy. She detailed their mandatory continuing education and commented that all walks of life participate as volunteers. She indicated that her participation was due to her own personal tragedy in the loss of her 4 -1/2 year old granddaughter. She explained that the organization was intended to provide comfort, practical support and protect the families from further emotional injury. She stressed that they were on call 24 hours a day, seven days a week, 365 days a year. She noted that the minimum volunteer hours were 17,520 hours per year. She indicated that in the last three months there had been 111 calls, with 47 being for Lake Elsinore citizens. She stressed their level of service to Lake Elsinore and noted that they were happy to provide the service. She advised that they were HIPAA compliant and did not give advice or transport people. She commented that the local chapter was completely volunteer, and were working to pay off their debt to the national organization and make the chapter self supporting. She noted the booklets they distribute at a cost of Page Three — City Council Minutes — July 27, 2004 about $4 per book, and commented that they could always use financial assistance. She indicated that they were generally funded by grants from local governments and their own fund raising efforts. She announced their October 16th Casino night event to raise funds and noted that she would provide the Council with additional information on the event. She indicated that they received about 14 calls a month, and noted that the more calls they received, the happier the volunteers were. Councilman Magee noted a significant tragedy last month on Highway 74 and commented that the volunteers counseled not only the families, but also the school family at Butterfield Elementary for two days, including the students, administration and teachers. He stressed the beneficial work of this organization and requested that they provide a letter proposal to the City Council for a monetary donation. He explained that something was needed to initiate such an action, and stressed that while the group served the entire southwest County, nearly half of the need was in the City limits of Lake Elsinore. He indicated that the Council should support their efforts. Ms. Orweiler noted that the entire area was always covered with available volunteers. Mayor Pro Tern Kelley inquired if they had submitted an application for Community Development Block Grant funds. Ms. Orweiler indicated that was difficult in that they were not keeping statistics on the people who received service. City Manager Watenpaugh confirmed the difficulty of receiving CDBG funds without the proper statistics. Ms. Orweiler noted that they would never say no to assistance. Mayor Buckley looked forward to a letter of request and inquired how potential volunteers could be referred. Mr. Orweiler indicated that they could be given her personal number. C. Presentation - Economic Development Corporation of Southwest Riverside Coun . (F:56.1) Diane Sessions, representing the Economic Development Corporation of Page Four — City Council Minutes — July 27, 2004 Southwest Riverside County, introduced Gary Owens, Golf Tournament Chairman for the organization, and requested the Mayor Buckley join them at the podium. Ms. Session noted that the City's golf team had been Mayor Buckley, Ken Seumalo, David Sapp and Roger Kobata. Mr. Owens noted the regional nature of the Economic Development Corporation, including the cities of Lake Elsinore, Murrieta and Temecula, as well as the County. He noted that the golf tournament was their annual fund raiser, and highlighted the City showdown contest. He detailed the past winners of the showdown and noted that Mr. Seumalo had been on all of the winning teams. d. Presentation -Sister City Ceremony. (F:149.1) Assistant City Manager Best conveyed greetings from the City's Sister City in Tahiti. She detailed the tours provided for the Mayor from that City and noted the ceremonial agreement signing which twines the cities in a partnership. She indicated that there had been an informal opportunity shared by high school students from the two communities, for a number of years. She noted that the initial request for a Sister City relationship had been made in 2002, but it had just been culminated. She presented a video overview of the formal ceremony on July 2151. She displayed the gifts received from Tahiti and noted the gifts presented to Tahiti, including a Key to the City. She indicated that plans were already in the works for next year's celebration. City Manager Watenpaugh noted that the officials in the City of Taiarapu -Ouest served for six year terms, with 29 Councilmembers. He further noted that the Mayor is compensated at a rate of $5,000 per month. He thanked City staff for the efforts on the ceremonial event. CLOSED SESSION REPORT No Report. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Page Five — City Council Minutes — July 27, 2004 Tim Fleming, 17970 Lakeshore Drive, indicated that he was present on behalf of himself and his neighbors, and expressed their heartfelt thanks for the paving of Wilson Way. He thanked Public Works Manager Payne and his staff for a job well done. David Cooper, 32900 Riverside Drive, indicated that he was present to address the issue of prayer again. He commented that he did not think a moment of silence was appropriate. He thanked Mayor Pro Tem Kelley for her letter to Jim Savage on his comments in favor of prayer at the City Council meetings. He indicated that he did not realize that Mayor Pro Tem Kelley had started the Invocation about eight years ago, before the ACLU came in and limited prayers to the point that it was a moment of silence. He commented that there was a law firm that would take on the ACLU for free, so the City would not loose any money at all. He suggested that the City might win. He offered a prayer of blessings for the Council meeting, and for wisdom for the Councilmembers in doing what is best for the community. Ron LaPere, 16867 Wells Street, noted that he had occasion to drive around the City recently; and indicated that compliments should be given to the staff responsible for the weed abatement, and stressed how good the City looks. Lorraine Watts, 210 N. Scrivener, indicated that as President of the NAACP, she was receiving calls about homeless people in a number of areas of the City. She noted that many were children and families and suggested that there was a need for a full service facility to help them. She requested that the Council consider support of such a facility and stressed that there was a family at the end of the Lake in a car nearly every morning. Mayor Buckley noted that there was an item on that topic for consideration later this evening. Paula Graver, 218 Ellis Street, noted that she heard from her son in Iraq last weekend. She further noted her 501h birthday celebration and her reflections on this milestone. She indicated that she had reached and surpassed her dreams and aspirations, so she started anew journey by skydiving at Skydive Elsinore. She commented that it was an awesome experience. She also commented that she Page Six — City Council Minutes — July 27, 2004 would be continuing the Troop Rallies on Saturdays, and would continue sending care packages to the troops. She thanked Elsinore Skydive for their generous donations to the troop efforts. She encouraged residents to stop by the weekly rallies, and offered community service credits to students for participation. She noted that her computer was still down and indicated that if anyone had one to sell or donate they should contact her. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No Comments. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6 and 8. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE CORRECTION TO THE MINUTES OF JUNE 7, 20049 AS NOTED AT THE EARLIER MEETING. The following Minutes were approved: a. City Council Study Session - June 7, 2004. (17:44.4) b. Regular City Council Meeting - June 22, 2004. C. Special City Council Meeting - July 8, 2004. d. City Council Study Session - July 8, 2004. e. City Council Study Session - June 8, 2004. 2. Ratified the following Warrant List: a. July 15, 2004. (F:12.3) Page Seven — City Council Minutes — July 27, 2004 3. Ratified the following Investment Reports: a. May, 2004. b. June, 2004. (F:12.5) 4. Rejected and referred to Claims Administrator for handling the Claim Against the City submitted by Kim Davis (CL #2004 -2). (F:52.2) 5. Approved Settlement of Claim submitted by Jose Rubalcava. (F:52.2) 7. Resolutions Confirming Fiscal Year 2003 -04 Special Taxes for CFD 88 -3 (West Lake Elsinore Public Improvements 3 Phases); CFD 95 -1 (Lake Elsinore City Center Public Improvements); CFD 98 -1 (Summerhill Public Improvements); CFD 2003 -1 (Law Enforcement, Fire and Paramedic Services); and CFD 2004 -1 (City Center) - Resolution Nos. 2004 -52 thru 2004 -56. (17:22.3) RESOLUTION NO. 2004-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 88 -3. RESOLUTION NO. 2004-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 95 -1. RESOLUTION NO. 2004-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR Page Eight — City Council Minutes — July 27, 2004 OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 98 -1. RESOLUTION NO. 2004-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2003 -1. RESOLUTION NO. 2004-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUESTING THE TAX COLLECTOR OF THE COUNTY OF RIVERSIDE TO PLACE SPECIAL TAXES ON THE BILLS OF CERTAIN PROPERTIES FOR CFD 2004 -1. 9. Authorized City Manager to Approve an Agreement with HDR Engineering, Inc. to Prepare CEQA Compliance Documents for the North Tuscany Hills Project- $83,943. (F:68.1) 10. Approved General Fund Advance Payback Plan from the Agency, as previously approved by the Redevelopment Agency. (17:30.1)(X:134.1) 11. Authorized the City Manager to prepare a contract with Bid America to provide digital imaging services on a bi- annual basis for records conversion and database development and maintenance for the Building Division, of Community Development. (17:68.1)(X:65.1) 12. Awarded Contract for the Swick Matich Restroom Concession Building to DELT Builders in the amount of $463,729.97, authorized the Mayor to execute the contract and approved the transfer of $249,069 from the Park Fee Fund to this project. (F: 68.1)(X:114.6) Page Nine — City Council Minutes — July 27, 2004 ITEM PULLED FROM THE CONSENT CALENDAR 8. Proposed Seven Stop Sign Controlled Intersections in the East Canes Estates Neighborhood - Resolution No. 2004 -57. (F:162.2) Councilman Magee indicated that he pulled this item from the Consent Calendar to explain that the Summerhill community saw a need and spoke out to the Council for a solution. He noted that he and Mayor Buckley had been invited to the home of Mr. & Mrs. Tim Lasane, in March for a meeting with the neighborhood. He explained that they expressed a number of concerns about the community, one being the lack of stop signs. He further explained that staff came back with recommendations for additional stop signs, and stressed that it was as a result of getting involved in the community and reaching out to the Council. He thanked Mr. & Mrs. Lasane for the use of their home and their interest in the community. Mayor Buckley detailed the locations for the new stop signs as follow, and noted that they should be in place in the next two weeks: Indian Springs Road at High Crest Drive High Crest Drive at Canyon Estates Drive Ridge View Drive at Canyon Ridge Ridge View Drive at High Crest Drive High Crest Drive at Canyon Ridge Somerset at Canyon Estates Drive Mariposa Drive at Canyon Estates. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-57. RESOLUTION NO. 2004-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE Page Ten — City Council Minutes — July 27, 2004 ELSINORE DESIGNATING THE LOCATION OF CERTAIN STOP SIGNS. PUBLIC HEARINGS 21. East Lake Specific Plan Amendment No. 6, General Plan Amendment No. 2003 -04, Tentative Tract Map 31920, First Amended and Restated Development Agreement, and Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 - Resolution Nos. 2004 -48 to- 2004-50 and Ordinance Nos. 1126 to 1127. (F: 150.2)(X:68.1) Mayor Buckley opened the public hearing at 7:35 p.m. Community Development Director Brady detailed the items for consideration and highlighted the past considerations and study session on this project. He noted that at the last discussion, the primary concern was the size of the lots, as expressed by a majority of the City Council. He explained that the project was located in the Eastlake Specific Plan, which was comprised of about 3,000 acres. He detailed the location and clarified that Laing Homes was addressing about 707 acres in the central area. He indicated that this was the sixth amendment to the Specific Plan which was originally adopted in 1993. He detailed the previous amendments and noted that the initial proposal by Laing was for a smaller lot subdivision. He explained that with the concerns for the small lot sizes, the project was redesigned to allow for 5,000 square foot lots instead of 3,500 square foot lots. He noted that the Specific Plan Amendment recommends the realignment of Diamond Drive. He advised that the tentative tract was for financial purposes, and detailed the lot configurations. He advised that this proposal included a Development Agreement Amendment, which would vest the project for ten years with two five year extensions, if specific conditions are met. He advised that the final item was the environmental document and detailed the recommendations. He noted the discussions earlier today regarding the golf course and indicated that a more detailed schematic of the golf course area had been provided. He clarified that all of Page Eleven — City Council Minutes — July 27, 2004 the development in the project would have to come back to the Planning Commission and City Council for design review. He further clarified that the Specific Plan was the groundwork for the development. Michael Filler, John Laing Homes, 31900 Mission Trail, Suite 225, thanked staff for their assistance with the applications, and stressed the amount of detail required. He indicated that he had received and reviewed the staff report and concurred with the Conditions of Approval, but requested that condition No. 54 be changed to agree with the current proposal for local streets. He advised that John Laing Homes were home builders and proud of their work; and noted that they had been named Home Builder of the Year. He noted their pride in participating in the community; and stressed the number of project that had never happened in the back basin. He stressed their desire to be part of making Lake Elsinore great and noted that the golf course would be open for all residents. He commented that new businesses would follow the new homes. He noted that many people had come to him with input, thoughts, ideas and suggestions, as he had reached out to the community. He also noted the recent study session for the project and stressed their flexibility to work with the City, if the proposed changes made good business sense, such as modifications to the lot size. He commented that they also accelerated the start of the golf course to Phase 1, so it could be delivered sooner. He indicated that the primary goal was to take the plan and simplify it so it works for everyone and benefits the community. Louie Trujillo, on behalf of Trujillo family trust, 27137 Calendula St., Corona, noted that they invested in the City, due to a vision for the future of Lake Elsinore. He expressed support for the proposed project, noting that the Lake is the heart of the City, and development of the area is beneficial for everyone. He noted that he had first hand knowledge of the benefits of development, and stressed the positive impact of new housing developments. He stressed that this was an opportunity for Lake Elsinore. He noted that in the past the only time he used to come to Lake Elsinore was for his work on narcotics investigations, but the community had changed Page Twelve — City Council Minutes — July 27, 2004 and he is putting his family's business in the community; and his wife is teaching in the community. He expressed support for the project and indicated that it was a win -win situation for everyone concerned. He stressed that he did not want the City to be left behind, and encouraged the Council to move forward. David Loelkes (on behalf of Carmela Loelkes), 25190 Hancock, Murrieta, noted that they have represented the Lehr family over the last several years. He further noted that Mr. Lehr came to Lake Elsinore in the early 1950's, and he and his family have always worked to benefit the City, even donating about 20 acres for the Stadium. He indicated that it was always Mr. Lehr's dream to see Lake Elsinore become a great place to live; however he passed away last year and did not see his dream come true. He noted the number of developers that had not moved ahead and expressed belief that Michael Filler and Laing Homes had found a way to move forward. He commented that there were skeptics on this topic, but the developer had done their homework and intended to build the project. He also commented that there were other interests that did not want the project to succeed, however all of the concerns had been handled. He stressed that the Council should approve the project based on facts, not emotions. Joan Harrison, 15039 Rocking Horse Court, indicated that she had been a resident for one year and encouraged the.Council to vote yes on this new project, as it was a win -win situation. She commented that she was proud to be part of Lake Elsinore, and suggested that this project could only increase the revenues for the City, increase property values and provide a golf course. She noted that she had been very active in fund- raising for organizations, and golf courses are great sources to draw funds. She stressed that this project could only be a plus for the community and the youth. She stressed the importance of keeping the money in the community, rather than sending business to the golf courses to the south. She commented that this project would put Lake Elsinore back on the map and encouraged the Council to approve it. Page Thirteen — City Council Minutes — July 27, 2004 Will Buck, 150 E. Lakeshore Drive, #29, stressed the need for recreation in the Lake bottom and expressed concern with houses. He indicated that this project has a lot of problems, and commented that the easiest part of the battle is the Council approval. He commented that the 6,000 square foot lots would allow for a nicer development with more forethought. He suggested that a few hundred number would not change their profit structure, and noted that City property owners were already paying to maintain the dyke. He indicated that the original agreement was for open space /recreation, but now it is proposed to be changed. He commented that one of the big problems he saw was digging down to an elevation of 1223', because that area will hold water below the inlet level since it was almost as low as the bottom of the Lake. He indicated that the pond would have to be dry at the beginning of every rainy season, because if there is water in the flood plain, with a 100 year flood someone will sue the City again. He commented that he thought it could be developed better than it was being developed. He indicated that he understood what they wanted, as they would get the City to pay for the dirt and the golf course out of the RDA funds. He stressed that there would be a long term obligation for the community to pay. He indicated that he was not opposed to residential if it was done right, but he stressed the importance of doing recreation. He stressed that this was a special piece of property and noted that the moto- cross track was told they would get a 100 foot buffer. He stressed that the track brings the City national recognition, but it was just the tip of the iceberg. He suggested that the entire project should be re- thought. Kenneth Harrison Jr., noted that he just moved to 19360 Okechobee Lane; and when he got married and planned to move to Lake Elsinore was questioned on why he would move here. He noted the "Community for Growth" title in the Tahiti video, and stressed that this project was a plan for growth. He stressed that it would add houses and help bring more people to the community. He noted the benefits of bringing both housing and recreation to the community. He encouraged the Council to approve this proj ect. Page Fourteen — City Council Minutes — July 27, 2004 Katie Lackey, 32175 Michele Dr., indicated that she was a 21 year resident, her children were raised here and she is a teacher in the local school. She noted her students' participation in the "What's Right with Lake Elsinore" photo contest and suggested this project fit that category. She indicated that she was excited about the possibility of this development and stressed the need for the additional recreation activities it would provide. She suggested that a project was needed to revitalize the southern portion of the City, and looked forward to having the golf club house for special occasions and the golf course. She stressed that the golf course could be an outstanding opportunity for fund- raising projects such a charity golf tournaments; and indicated that was one of the best ways to raise money for volunteer organizations. She suggested that this development would be an overall improvement to the City and noted that one of her friends from Orange County told her that Laing Homes was one of the top six employers for employee satisfaction. She stressed that the golf course would attract many visitors to the community and commented that she had waited 21 years for the area to be developed positively. Jack McColley, Chairman of the Board, Lake Elsinore Valley Chamber of Commerce, spoke on behalf of the Board of Directors and member businesses, urging approval of this project. He reiterated that there had been many proposals over the years, but at last, this is a proposal they could proudly support. He stressed that this was a master planned community, by a community partner and active member of the Chamber with an office in the City. He further stressed that they were committed to be long term residents of the community and working with neighbors to mitigate any possible impacts. He indicated that in meeting with the developer they were professional, intelligent and caring members of the community. He stressed that they had changed the plans numerous times to fit the area more closely. He indicated that this proposal was for high quality, lower density residential development, with a much needed golf course. He stressed that they received hundreds of requests annually for a golf course. He noted that the original plan had been greatly reduced, with the original 3,000 Page Fifteen — City Council Minutes — July 27, 2004 homes down to less than 1,500 homes. He stressed that Laing had listened to the concerns and redesigned the project to fit the community. He indicated that with regard to the potential for flooding, the golf course would hold the flood waters; and noted that there was a similar use in the San Fernando Valley, as well as a portion of one of the Menifee Lakes Golf Course. He stressed the excellence of Laing Homes, being named Builder of the Year for 2004. He indicated that the Chamber Board of Directors had unanimously approved support of the concept for this project, and requested City Council approval. Pete Dawson, 18010 Grand, noted that several people had mentioned the Lake as a major factor in the City; and indicated that this project was in the Lake. He suggested that houses in a lakebed was a recipe for disaster. He stressed that five developers had planned to build and cancelled, and indicated that this project was frouht with potential problems. He indicated that the area had been wet five times in 30 years and he had water -skied over the property, and stressed that the flood potential still existed. He commented that the golf course would be in a hole, full of water; and a boat would be needed to play golf. He further commented that there were eight fault zones within this project, and commented that the developer had pat answers for fault zones and flooding. He suggested that common sense would tell them not to put houses there. He recommended stopping the project before it went forward. He suggested doing recreation and the golf course on the flat land and accept the resulting losses. He blamed the previous Council for this issue and indicated that there was plenty of room for houses on the hill. Jerry Harmatz, 512 N. Spring, indicated that Lake Elsinore was on the move with action from all directions. He noted the pending development of Costco, Home Depot and Lowe's, and suggested that it was the beginning of a new Lake Elsinore. He indicated that the aggressive Council and hard working staff would make it happen, and this approval would make the City a major player in the County and State. Page Sixteen — City Council Minutes — July 27, 2004 Ron Hewison, 35 Villa Valtelena, indicated that he was present for the 4th time for virtually the same speech. He thanked Mr. Filler for listening and indicated that his comments were neither for nor against the project. He advised that his comments were being made as a Redevelopment Agency Committee member, and aimed at preventing potential financial difficulties. He addressed the development agreement and indicated that it did not relieve the City of a need to complete the low income housing quota. He indicated that the proposed fee was $1.30 per square foot, which would generate just over $5 million. He noted that after the study session he pulled the Temecula subsidy information, and indicated that their fee was $90,000 per home. He suggested that this project would place the Redevelopment Agency in debt. He addressed the use of DAG fees for the golf course, and indicated that he had no major problem with contributing, but was concerned with contributing 100 %. He wished for a different arrangement with Laing, and reiterated his concern with the $1.30 fee, noting that it would make it tough for the RDA to move forward. He suggested not replacing the Stadium, with the operation of a golf course. Dr. Makam, indicated that he had been in the community for the last 20 years, while practicing in Orange County. He commented that there were tremendous roads everywhere but Lake Elsinore; and indicated that the timing was important for this decision to be made to insure low income housing. He noted that John Laing Homes was one of the best builders in the Country. He stressed the quality and reputation of John Laing Homes and indicated that the best spot for their development was in Lake Elsinore. He noted that the Council had not supported development of the Lake and suggested this would bring an improved housing industry. He suggested that the developer was doing the community a favor; and expressed concern that they might become frustrated by the red tape. Harold Hutchison, 23 Villa Ravena, noted his employment with Washington Mutual and their work with home mortgages. He expressed support for John Laing Homes and this project. He noted that his support was based on the fact that the project would provide $10 million in fees for traffic Page Seventeen — City Council Minutes — July 27, 2004 improvements, increased sales taxes for the community, a new customer base, new customers for retail businesses, and the golf course for improved physical fitness. He recommended a yes vote. Kris Kakkar, majority owner of 400 acres, including the airport and surrounding area, since about 1979, indicated that he came to town and saw the area flooded and the airport flooded, but in 1984 the whole town dried up. He noted the construction of the Levee in the 1990's, and summarized the discussions with the prior developers. He suggested that the John Laing plan was the only legitimate plan that would work and address all of the issues. He indicated that he strongly believed that the project would justify all of the concerned including the community, Council and staff. He commented that it would bring an asset to the community, as well as a lot of new residents to support the motocross. He indicated that he was not opposed to the relocation of the motocross or the airport, but the projects could work together. He suggested that they might or might not stay, but he was willing to work with them for a compromise on both sides. He indicated that Mr. Hiner had been his bookkeeper in 1992 and they started a partnership. He stressed that he was not opposed to the project if it could be worked out; and he has a lot of land to assist them. He suggested that the best project was currently on the table. Jan Vise, Annie's Cafe, indicated that she came to the community four years ago, against the advice of everyone she knows. She noted the bad reputation of the community and indicated that she came anyway, and had seen improvements in the meantime. She commented that she was now very proud to say she lived in Lake Elsinore and she saw it as a good place. She indicated that she had invested all of the equity from her home, in her business; and stressed that the businesses would all benefit from the proposed project. She stressed that the "big guys" were coming to the community, and while she did not know anything about flooding, she knew about fault lines, but that was part of living in California. She indicated that it was possible to sort out the flooding problems; and suggested that the Council could not say no just because people don't want more houses. Page Eighteen — City Council Minutes — July 27, 2004 Phillip Sanders, 21063 Kimberly Court, indicated that he was a three year resident, who moved to Lake Elsinore from Chino Hills, while hearing the same criticisms of the area. He commented that he was an advocate for Lake Elsinore and loved it. He noted that he was a golfer, and a local golf course would be wonderful. He noted that he and his neighbors have to go to other areas to play and he would love to have a golf course near home. He expressed complete support for the project as proposed. Katherine Celli, representing Irene Gallagher (her grandmother), 19000 Stonewood, indicated that they own two properties and moved to Lake Elsinore for recreation. She indicated that the proposed project should be left as a recreation area. Edith Stafford, 29700 Hursh, noted that she has been a resident since 1977, and expressed concern with people getting excited about this project. She stressed the importance of scrutinizing the proposal to be sure it is done with wisdom, common sense and good judgment. She further stressed safety, reiterating that the project is in a floodplain and a Priolo zone, making it like quicksand. She indicated that if an earthquake happened there could be liquefaction and the houses would go down. She addressed her experience with flooding and noted her circumstances in the 1980 flooding. She reiterated the need for common sense and not greed. She admonished the supporters of the project for being greedy. She stressed the importance of looking beyond the surface. She questioned the impact of the traffic and how it would be addressed. She suggested approving recreation and leaving the homes out, or the City would eventually get sued. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:44 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:55 P.M. Community Development Director Brady indicated that Condition #54 should reflect what was in the new Specific Plan requirements, which would allow for two 11 foot lanes with seven feet for parking on each side. Page Nineteen — City Council Minutes — July 27, 2004 Councilman Schiffner noted that anyone who has attended meetings before knows how he feels about this project. He noted that the public comments called it both an improvement to the City and a potential danger, but stressed that those were opinions. He stressed that the Contractor had gone through all the requirements and would continue to work through the regulatory agencies. He indicated that he preferred to trust those opinions. He indicated that he was going to vote in favor of the project and expressed hopes that an adequate number of Council would do the same. Councilman Hickman commented on the difficulty of this decision and noted that everyone wants a golf course. He noted that it was proposed in phases 1 and 2; and since the City was paying for the golf course out of the DAG fees, it was not free. He expressed concern that if the money was going to be invested, then it should all be done in phase 1 so the course could be used. He indicated that his other concern was the I -15 and Railroad Canyon interchange. He noted the upcoming interim improvements. He also noted that he was concerned with the RDA fees at $1.30, and stressed that there was a 15% requirement for low income housing. He concurred with Mr. Kakkar that the motocross was known world wide and noted comments received while renting a car in Hawaii. He noted that the developer had given his guarantee that the track would not be lost. Councilman Magee noted that this project, in some form, had been around for more than ten years, but it has always carried large promises and lawsuits. He noted the attendance of lawyers at this meeting, and suggested they were present to remind the Council that they would sue again. He indicated that he had been on the other side of the table as a developer, consultant and manager of a sewage treatment facility. He noted that in all of those hearing he never brought an attorney, because he did not want to sue anyone. He recognized the efforts of John Laing Homes and commended Mr. Filler for what he had brought forward, with increased lot sizes and the elimination of the zero lot lines. He noted that the average lot size had been enlarged to in excess of 6,600 square feet, which was more Page Twenty- City Council Minutes — July 27, 2004 reflective of the majority of the housing in Lake Elsinore. He further noted that the golf course would now be built after phase 2 or the completion of 727 homes. He suggested that number was many years away. He addressed the staff report and noted that it talked about the motocross facility, adjacent to phase 3, and commented that it would not be affected for several years. He reiterated that the golf course was several years away, and noted Ms. Lackey's comments in support; and noted that he had the honor of meeting her family and members of the golf team, while they were enjoying the Laing Homes suite at the Stadium. He noted that they were very supportive of the project, specifically the golf course, and reiterated that it was several years away. He commented that everyone wanted the golf course, but stressed his focus for this property being, safety, recreation and everything else last. He indicated that after meeting with staff and Laing, he was convinced that the safety for flooding and earthquake were covered. He noted that with regard to recreation this application puts it 728`h, and expressed his belief that it should be second, not after the homes. He indicated that while he was leery and fearful of pending lawsuits if the project is not approved the way they want it; he still wants recreation before homes. Mayor Pro Tem Kelley questioned the traffic circulation and the traffic mitigation features, noting that not all of the people have access to the same materials, so they don't know what remedies are proposed. Community Development Director Brady indicated that in terms of the traffic study a number of signals would be required at various intersections, triggered by construction of homes. He advised that they would participate in the TIF fee, they would be paying $1,200 per unit and they would participate in the TUMF for about $6,600 per unit for traffic improvements. He noted that traffic signals would be required at the intersections of Olive/Mission, Lemon/Mission, Alberta/Mission and Lakeshore/Main, and detailed the guidelines for the installation. He explained that based on the number of units, roads adjacent to the project would need to be widened as well and detailed those locations. Page Twenty -One — City Council Minutes — July 27, 2004 Mayor Pro Tem Kelley questioned the water storage and how many acre feet were in the golf course. Mr. Filler indicated that the golf course was 185 acres and noted that there were three other open space areas to accommodate the need. He deferred to his Engineer for the capacity numbers. Scott Wilson, WMC Consulting Engineers, indicated that it would be about 427 feet more than presently exists, or about 30,900 acre feet. Mayor Pro Tem Kelley questioned the wetlands. Mr. Wilson indicated that they were part of the 404 permit for the levee. He noted that they would need to provide water to the wetlands, and advised that there would be a planted buffer along the southern edge of the project. Mayor Pro Tem Kelley questioned the recreational amenities they would provide in addition to the golf course. Mr. Filler indicated that in addition to the 185 acre golf course they would provide a multi - purpose linear trail around the golf course, which will be available to the public, as well as a community park, a five acre park in the center of the project and three pocket parks. He advised that there would also be three open space buffers and the golf clubhouse. He addressed the timing of the golf course and indicated that he took the comments seriously and they had readjusted the phasing plan to the point where the existing four phase development would be done in three phases of grading and drainage. He detailed the timing for the golf course with grading and construction being a two year process from the time the grading permit is pulled. He indicated that the club house would be complete in phase 1; and the driving range would be complete before all the homes in both phases were completed, which he hoped would be done in two years. Mayor Pro Tem Kelley inquired if he was saying that it would be two years for the golf course. Mr. Filler confirmed that it would be two years from the time the permit was pulled, and detailed the timing. Councilman Magee inquired if the clubhouse would be completed in phase 1. Mr. Filler confirmed. Councilman Magee noted that Specific Plan Page Twenty -Two — City Council Minutes — July 27, 2004 Amendment No. 6 in shows it in phase 2, but the Tract Map does not show it as part of anything and the Development Agreement conditions do not address it at all. He commented that the issue was raised at the 4 p.m. study session today. Mr. Filler indicated that the intent was always to start in phase 1 since the study session. He noted the necessary changes to the Development Agreement as it showed it starting in phase 2 and finishing in phase 3. He indicated that the exhibit showing it in phase 2 is a bit of a misrepresentation, as it should show phases 1 and 2 with grading on the golf course. Councilman Magee noted that the clubhouse, maintenance facilities and driving range were not mentioned in the Development Agreement. Mr. Filler reiterated that they would be starting in phase 1 and stressed the amount of grading required. He clarified the timing for the grading and filling. Mayor Pro Tem Kelley noted that the golf course was addressed but questioned the inclusion of soccer, baseball, and picnic areas. Mr. Filler indicated that they would be provided as part of the other parks, tot lots and recreational facilities. He noted that there might also be a wet play park. Mayor Pro Tern Kelley questioned the need to relocate the motocross, noting that at one point there was an agreement for them to stay. Mr. Filler clarified that the motocross was not on Laing Homes' property, but he sat down with the manager of the facility and talked about an adjacent buffer zone at a later date. Mayor Pro Tern Kelley thanked Mr. Filler for the clarification and commended him on the way they have handled themselves and worked with the concerns from the Council and residents. She noted that everyone had told her that their concerns were addressed. She commented that Mr. Filler spends a lot of time in the City supporting other activities in the community, and has gone out of his way to address the concerns. She stressed that the golf course was moved up and they were saying that it would be done in two years. She indicated she was happy with that, and noted that she realized the grading was monumental. She commented that this had been a very controversial project over many years and if this proposal was not adopted it would fall back to the last adopted Page Twenty -Three — City Council Minutes — July 27, 2004 one, which was the Liberty Project. She stressed that this was not a clear slate, as it was amending something that was already in existence. She commented that there was quite a history and struggle and noted the economic benefits along Mission Trail and throughout the City. She noted the aesthetic benefits of the golf course, trails and playing fields. She further noted that Laing Homes would be responsible to relocated the Diamond Stadium parking lot. She indicated that in her opinion the pros far outweigh the disadvantages. She noted that she would rather have the golf course in two or three years, than not at all. She stressed that this was the only proposal in the immediate future. Councilman Schiffner questioned the commitment from the draw of the permit in about November and the schedule from there. Mr. Filler clarified that the bulk grading would go on for about 9 to 12 months, with construction taking about the same, followed by a four month growing period. He stressed that he wanted to deliver a golf course within two years of the grading permit. Councilman Schiffner reiterated the commitment to two years. Mr. Filler confirmed. Councilman Hickman questioned how many of the 1,400 homes would be built by Laing Homes. Mr. Filler indicated about 33% would be built by Laing with the rest being built by guest builders. Councilman Hickman questioned the CFD on the project. Jeff Herman, representing Laing Homes, indicated that the CFD for this project was expected to range between 1.7% and 2% of the base sales price. Councilman Hickman questioned the total. Mr. Herman indicated that he was uncertain of the total at this point, but would come back with the studies at a later date. Mayor Buckley requested clarification that the 2% would include the property tax, CFD, LLMD and Public Safety CFD. Mr. Herman confirmed. Mayor Pro Tem Kelley noted that 1.9% was the rate in Canyon Hills. Mr. Filler commented that the realize the importance of the golf course and Page Twenty -Four — City Council Minutes — July 27, 2004 they would like to deliver it in two years. He indicated that if the Council so desired they could formulate a new condition of approval that they would not pull any grading permits in phase 2 for residential until the golf course was complete. He commented that the golf course was important and they wanted to be part of the community and deliver as soon as possible. City Attorney Leibold clarified the new condition as offered that there would be no building permit approved until the golf course was complete. Mayor Buckley indicated that he was in favor of growth that would benefit the City and noted that the area requires a signature project. He expressed concern that if the City had to do something, it could do better than this and the developer could still make more money. He addressed the existing problems with the plan, noting that the golf course was the same as in the specific plan, but there is not clubhouse, but there is parking and other baseball/soccer fields. He noted that the detail provided on the clubhouse was a box on the drawing, and the other recreational amenities are not discussed. He noted that there was a recreation center in the specific plan, but there was not clubhouse. He indicated that there were five problems with the proposal, transportation, as Railroad Canyon is severely impacted and this would provide more complications. He noted a Condition of Approval so Diamond Drive was not aligned outside the plan area. He indicated that on the technical side, there are CEQA findings of fact and overriding considerations, but commented that 8 of the 26 were false, as the assumptions were self preferential. He indicated that the noise study that was done was in 1993 with no noise producing events occurring at the Stadium. He commented that there had been a lot of discussion on the compaction of the dirt and suggested that the golf course would be dug and flipped onto the other dirt to get properties out of the floodplain. He expressed concern about the ability to hold the floodwater storage. He expressed appreciation that Kris Kakkar was willing to work to keep the motocross open, but noted that there was a similar demographic between the motocross people and the golfers. He addressed the draft EIR regarding ceasing operations and indicated that when the residential project begins, the noise at the airport will be fine, but there will be other impacts. He Page Twenty -Five — City Council Minutes — July 27, 2004 indicated that with regard to the golf course the parcels are immediately dedicated to the ownership of the City, and expressed concern in that right now golf courses loose money. He questioned who will be operating the golf course. He noted that he was concerned by the original DDA, and questioned what would happen when there was flooding. He further questioned who would be paying to rebuild the golf course if it floods in thirty years. He inquired at what point there was a school plan, noting that when someone moves to a master planned community, they are generally younger families with elementary school kids. He stressed that they usually look for schools inside the development, and suggested that this might cause a marketing problem. He addressed the design and noted that he would love to live on a golf course, but of the 1,500 homes only 30 of them seem to be on the golf course. He suggested that more homes would have a view of Mission Trail than of the golf course. He indicated that the golf course comprised a small amount of land and since the City was paying for it, it had to be done before anything else. He addressed the money the developer would be bringing to the City, and indicated that at the proposed price point, each home would cost the City money. He suggested that at $4,500 a house as contemplated in the development agreement, the City was giving up to $4.4 million in credits for habitat. He noted that when the DDA was discussion in December, 2002, there was discussion of extraordinary costs and that was where the tax increment was going. He indicated that it was up to $19 million nad the golf course was called an extraordinary cost of development, but there was no discussion of it coming from DAG fees. He indicated that the City was essentially giving away the DAG fees that could be used for other roads in the projects or other facilities in the City. He concurred that 80% of the fees should go to the facilities in the project. He indicated this was a handout to justify the use of tax increment for development. He suggested that there was a better approach, being to make it a larger lot community, with more homes on the golf course and a price point of $750,000. He noted that John Husing said the City could support that level of housing and needed it. He indicated that he did some calculations and questioned why the developer would not want to make more money. He indicated that the margin would go up on a per house Page Twenty -Six — City Council Minutes — July 27, 2004 basis, and when it comes to set - aside, when fewer homes are built, there are fewer requirements. He commented that he wanted to be able to vote in favor of this project. He stressed that his approach would honor the pass - thrus, but since it is based on acreage that wouldn't matter with fewer homes. He indicated that at $750,000 the houses would generate enough income to pay for services. He stressed that it would increase property values, and make something the community could be extremely proud of. He indicated that recreational facilities were needed without question, but stressed that the City had to be sure it could be proud of the neighborhood. He noted that the $750,000 would tend not to be a starter home, and suggested that since the he was not sure the $750,000 homes would back up to Mission Trail, the school could be built at Malaga and Mission Trail. He stressed that a well done, signature development would help the City's image. He indicated that with this development, the motocross, the airport and the Lake, it would make the City a great place to live, and getting better. He stressed the importance of assuring that the project was not short sighted or missing an opportunity. He indicated that the Councilmembers were transitory, but the community was not; and stressed the importance of leaving the right legacy. He stressed that the development which starts the back basin development should benefit everyone and be special. Mayor Buckley closed the public hearing at 9:50 p.m. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO REJECT THE SUPPLEMENTAL E.I.R., WITHOUT PREJUDICE AND ENCOURAGE STAFF AND LAING TO GO BACK FOR ONE MORE ATTEMPT TO GET SOMETHING THAT WILL MERIT A 5 -0 VOTE. Councilman Hickman expressed an interest in redesigning the golf course so it runs within the community. MOVED BY SCHIFFNER, SECONDED BY KELLEY A SUBSTITUTE MOTION TO APPROVE THE SUPPLEMENTAL E.I.R., WITH THE ADOPTION OF RESOLUTION NO. 2004-50, BASED ON THE FINDINGS. Page Twenty -Seven — City Council Minutes — July 27, 2004 CONTAINED IN THE STAFF REPORT AND ENVIRONMENTAL DOCUMENTATION. Councilman Hickman stressed that this was a special area, and noted that there would be homes at $550,000 and $600,000. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. RESOLUTION NO. 2004-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT FOR EAST LAKE SPECIFIC PLAN AMENDMENT NO.6 AND ASSOCIATED APPLICATIONS. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT RESOLUTION NO. 2004-519 APPROVING GENERAL PLAN AMENDMENT NO. 2003-04, BASED ON THE FINDINGS CONTAINED IN THE STAFF REPORT AND RESOLUTION AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Magee inquired when it would be appropriate to add or modify conditions. City Attorney Leibold urged the Council to consider amendments as part of the Specific Plan Amendment and incorporate similar conditions of approval in the Tract Map and Development Agreement; and clarified the votes to be taken. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. RESOLUTION NO. 2004-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE Page Twenty -Eight — City Council Minutes — July 27, 2004 ELSINORE, APPROVING GENERAL PLAN AMENDMENT NO. 2003- 04 TO AMEND THE CIRCULATION ELEMENT OF THE GENERAL PLAN. Councilman Hickman inquired if this constituted the approval of the project. City Attorney Leibold clarified that it had met the CEQA requirements. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1126, APPROVING SPECIFIC PLAN AMENDMENT NO. 6, UPON FIRST READING BY TITLE ONLY, BASED ON THE FINDINGS CONTAINED IN THE STAFF REPORT AND ORDINANCE AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Magee indicated that there were three specific modifications related to this motion including revision of Condition No. 54 adopting the staff recommendation with regard to the width of the road. He further indicated that Condition No. 12 should be modified with regard to the hours of operation, limiting them to Monday through Friday. He also indicated that there should be a completely new condition requiring that prior to the issuance of the first Certificate of Occupancy for the first structure, the applicant shall have completed the construction of the golf course, driving range, clubhouse and maintenance facility, which will all be approved by the Planning Commission and City Council. Mayor Pro Tern Kelley questioned the feeling of the applicant on this issue. Mr. Filler indicated that he could make it work. Councilman Hickman inquired who would retain ownership of the golf course. Councilman Magee indicated that the Tract Map exhibit answered that question. He advised that the golf course would be publicly maintained and the clubhouse would be privately maintained. He clarified that his motion would be for private operation of the golf course, with it being open to the public. Mayor Buckley suggested that this would not only open the doors, but would require that the Laing group own it. Councilman Magee indicated that was his understanding, but it was not reflected in the materials. Page Twenty -Nine — City Council Minutes — July 27, 2004 City Manager Watenpaugh indicated that he understood that when it started, it would be in the Community Facilities District, but at the end of three years the City would have an option to accept dedication of it; however there had not been a lot of discussion of that point to date. He stressed that his understanding was that it would be privately operated, but open to the public for use. Councilman Magee stressed that it should be privately maintained. Councilman Schiffner suggested that requirement should be made part of the motion. Councilman Hickman questioned how the City would make revenue off the golf course, if the bill was being paid by DAG fees. Councilman Magee indicated that he would view it the same as the motocross track, with people coming into the community, going to restaurants and spending money. He stressed that they would leave their money. Councilman Hickman further questioned how the money would be recouped, and if the City could get a percentage cut on it. City Attorney Leibold suggested hearing from the developer on their acceptance of ongoing ownership and maintenance obligations. She indicated that it would seem to her that the designation on the Tract Map inaccurately reflects the public obligation. She suggested that she was hearing that it was a developer obligation to develop, operate and maintain the golf course as a private venture open to the public. She further suggested that the Council might want to require that it be offered for dedication, but if it was not accepted, they would be free to convey to the others if it was maintained as a public golf course. Councilman Hickman addressed the negotiations for the Stadium; and commented that the City was being relieved of a'' /z million to operate, so they did not want to step into a golf course. City Attorney Leibold indicated that the proposed amendment would make it clear that the City was not obligated to take it over; it would treat it as an opportunity, not an obligation. Mayor Buckley commented that it was part of the Tentative Tract Map, but every tract map had said the same. City Manager Watenpaugh clarified that the developer was obligated to build it, but questioned if the Council was obligating the developer to operate it or if someone else could operate it if it was open to the public. City Attorney Leibold noted that the Council Page Thirty — City Council Minutes — July 27, 2004 wanted the offer of dedication at a later date. She encouraged the Council to hear comments from the developer. Mr. Filler indicated that the ownership was fine as stipulated and they would got the route of offering the golf course to the City for their option to accept it. He confirmed that they would put it in and operate it, but questioned the new condition. : He indicated that they would like the verbiage regarding occupancy changed to allow them to not pull a building permit in Phase 2, but they want to build homes in Phase 1, with completion of the golf course before building permits in Phase 2. Councilman Magee indicated that he understood that the first time it was not included in the motion. Mayor Buckley questioned if the requirement was before a house was requested. Councilman Magee clarified that the first occupancy should not be granted until the golf facilities were complete. The Applicant requested a recess for discussion of this new proposal. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:10 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:19 P.M. THE FOREGOING MOTION WAS RESCINDED BY MAYOR PRO TEM KELLEY WITH THE CONSENT OF THE SECOND. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1126, APPROVING THE EAST LAKE SPECIFIC PLAN AMENDMENT NO. 6, AMENDING CONDITION 54 AS RECOMMENDED BY STAFF REGARDING ROAD WIDTH AND ALL OTHER CONDITIONS REMAINING THE SAME; AND AN ADDITIONAL CONDITION THAT "PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY FOR THE FIRST STRUCTURE, THE DEVELOPER OR HIS SUCCESSOR SHALL HAVE COMPLETED CONSTRUCTION AND RECEIVED THE CERTIFICATE OF OCCUPANCY FOR THE ENTIRE GOLF FACILITY, WITH ALL Page Thirty -One — City Council Minutes — July 27, 2004 COMPONENTS BEING APPROVED BY THE PLANNING COMMISSION AND CITY COUNCIL. SAID FACILITY SHALL BE PRIVATELY MAINTAINED AND OPEN TO THE PUBLIC, AND SHALL BE OFFERED TO THE CITY AT A FUTURE DATE," UPON FIRST READING BY TITLE ONLY, BASED ON THE FINDINGS CONTAINED IN THE STAFF REPORT AND ORDINANCE AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Schiffner inquired if the developer would accept this recommendation. Councilman Hickman questioned when the golf course would be completed. Councilman Magee clarified that the intent was before the first home was occupied. He addressed Mr. Filler and thanked him for his patience and hard work to bring this project to the community He asked of Mr. Filler, with this motion, if there could be a promise that there would be no more lawsuits. Mr. Filler confirmed. ORDINANCE NO. 1126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING EAST LAKE SPECIFIC PLAN AMENDMENT NO. 6. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE TENTATIVE TRACT MAP NO. 31920 BASED ON THE FINDINGS Page Thirty -Two — City Council Minutes — July 27, 2004 CONTAINED IN THE STAFF REPORT AND SUBJECT TO THE SPECIFIED CONDITIONS OF APPROVAL. Councilman Magee noted that in approving the Map, there was still the issue of the publicly maintained golf course. He explained that it was currently listed on the map so he was looking at how to resolve that issue. City Attorney Leibold recommended a correction on the map to clarify. Councilman Schiffner inquired if the notation on the plan could be eliminated. City Attorney Leibold confirmed. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH BUCKLEY CASTING THE DISSENTING VOTE. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1127, APPROVING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT, UPON FIRST READING BY TITLE ONLY Councilman Magee questioned the need for amendment to be consistent with the previously approved actions. City Attorney Leibold indicated that she could work with staff to ensure the golf course defines all facilities and the maintains the same phasing in the new condition to the Specific Plan Amendment; and clarifies the comment on the offer of dedication in Section 12.2. ORDINANCE NO. 1127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 956 AND APPROVING AN AMENDMENT IN PART AND TERMINATION IN PART OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND EASTLAKE COMMUNITY BUILDERS. UPON THE FOLLOWING ROLL CALL VOTE: Page Thirty -Three — City Council Minutes — July 27, 2004 AYES: COUNCILMEMBERS: KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE FINDINGS Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 1. The Supplemental EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA requirements, and is complete and adequate in its evaluation of all environmental effects of the East Lake Specific Plan Amendment No. 6 and associated discretionary approvals. The East Lake Specific Plan Amendment No. 6 and associated discretionary approvals will result in significant unavoidable air quality and noise impacts regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR, which was prepared in accordance with Section 15163 of the State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations Page Thirty -Four — City Council Minutes — July 27, 2004 "balances" the proposed project against its unavoidable environmental effects. 2. The proposed applications will have significant unavoidable cumulative air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of mitigation measures. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 3. The proposed applications have the potential to adversely affect humans, either directly or indirectly, as a result of significant unavoidable air quality and noise impacts, regardless of mitigation measures. A Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. The Supplemental EIR concludes that air quality and noise impacts resulting with the proposed applications will be significant and unavoidable, regardless of mitigation measures. These impacts may potentially affect humans. The prepared Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 4. The City Council finds the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6 to be complete and adequate and provides appropriate environmental documentation for the project and fully complies with the requirements of CEQA, the State CEQA Guidelines, and the City's environmental clearance procedures. The Supplemental EIR, which was prepared in accordance with Section 15163 Page Thirty -Five — City Council Minutes — July 27, 2004 of the State CEQA Guidelines, includes the Draft EIR, Response to Comments document, Mitigation Monitoring Program, Statement of Findings and Facts, and Statement of Overriding Considerations. The Supplemental EIR concluded that unavoidable adverse impacts related to air quality and noise will result with the proposed project regardless of implementation of those mitigation measures approved with the original 1993 Final East Lake EIR and those mitigation measures contained in the Supplemental EIR. The Statement of Overriding Considerations has been prepared in accordance with Section 15093 of the CEQA Guidelines. This Statement of Overriding Considerations "balances" the proposed project against its unavoidable environmental effects. 5. In accordance with Section 15091 of the CEQA Guidelines, the Statement of Findings included within the Supplemental EIR makes written findings for each significant environmental effect associated with the proposed applications. 6. The City Council finds that all significant effects on the environment associated with this approval of the proposed applications have been eliminated or substantially lessened where feasible and that the remaining air quality and noise impacts found to be unavoidable, are acceptable due to overriding concerns. 7. The City Council finds that the Supplemental EIR reflects the City's independent judgment and analysis. General Plan Amendment No. 2003 -04 1. General Plan Amendment No. 2003 -04 will not be: a) detrimental to the health, safety, comfort or general welfare of persons residing or working within the neighborhood of the proposed East Lake Specific Plan Amendment No. 6 area or within the City, or b) injurious to property or improvements in the neighborhood or within the City. The proposed realignment of Diamond Drive and widening of project streets will alleviate potential congestion and improve traffic safety. The requested Page Thirty -Six — City Council Minutes — July 27, 2004 General Plan Amendment will allow the project's land use plan to be realized and implemented. 2. General Plan Amendment No. 2003 -04 will permit reasonable development of the area consistent with its constraints. The proposed realignment of Diamond Drive and widening of project streets will alleviate potential congestion and improve traffic safety. The requested General Plan Amendment will allow the project's land use plan to be realized and implemented. 3. General Plan Amendment No. 2003 -04 will establish a land use density and usage more in character with the project site's location, access, and constraints. The requested General Plan Amendment will allow the project's land use plan to be realized and implemented. The requested General Plan Amendment will allow construction of future residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. 4. General Plan Amendment No. 2003 -04 will not have a significant effect on the environment. The proposed realignment of Diamond Drive and widening of project streets will alleviate potential congestion and improve traffic safety. East Lake Specific Plan Amendment No. 6 1. Specific Plan Amendment No. 6 meets the City's Specific Plan criteria for content and required implementation of the General Plan established by Section 65450 et seq. of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. The Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately Page Thirty-Seven — City Council Minutes — July 27, 2004 provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. 2. Specific Plan Amendment No. 6 shall be implemented consistently with the Goals, Policies and Objectives of the General Plan; and with any other applicable plans or policies adopted by the City. The Specific Plan Amendment No. 6 document is consistent with the General Plan and other plans and policies of the City. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. 3. Those issues, standards, guidelines, etc. not addressed in the East Lake Specific Plan Amendment No. 6 will revert to the 1993 East Lake Specific Plan, City Municipal Code and /or Zoning Code in effect at the time future projects are proposed. As discussed, the Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. Those standards, guidelines, etc. that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 4. Development standards and regulations contained in East Lake Specific Plan Amendment No. 6 supersede applicable City ordinances and codes, unless specifically stated to the contrary. Approval of Specific Plan Amendment No. 6 shall not be interpreted as waiving compliance with other Federal or State laws or City Codes. As discussed, the Specific Plan Amendment No. 6 document includes sections describing revisions to the Land Use Plan, Circulation Plan, Infrastructure Plan, Public Services Plan, Grading Plan, Open Space Plan, Design Guidelines, Development Regulations, and Implementation. The document adequately Page Thirty -Eight — City Council Minutes — July 27, 2004 provides the necessary land use controls and standards to regulate future development and design of the East Lake Phase I area. Those standards, guidelines, etc. that are silent in the document, will revert to the original 1993 East Lake Specific Plan, City Municipal Code, and Zoning Code. 5. Location of East Lake Specific Plan Amendment No. 6 allows future development to be well- integrated with its surroundings. The proposed project will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. 6. Specific Plan Amendment No. 6 will be adequately serviced by existing and/or future public facilities and services. Future development is conditioned and required to acquire will -serve letters and clearances from public services and utility agencies, prior to construction. 7. Overall design of Specific Plan Amendment No. 6 will produce attractive, efficient and stable development. The proposed project will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses will be attractive, efficient, and stable. Future development requires Design Review approval which ensures attractive projects are constructed. 8. Specific Plan Amendment No. 6 will not be detrimental to the health, safety, comfort or general welfare of the persons residing or working near the project area or within the City, nor will it be injurious to property or improvements in the project area or within the City. Page Thirty -Nine — City Council Minutes — July 27, 2004 Future projects require Design Review approval which ensures safe development is constructed within the Phase I area. Future development is also required to comply with the Uniform Building Code and applicable Municipal Code regulations which further ensures safety and welfare. Tentative Tract Man No. 31920 1 TTM No. 31920, together with the provisions for its design and improvement, is consistent with the General Plan and the East Lake Specific Plan Amendment No. 6. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the proposed land use plan, development and design standards, and all other appropriate requirements contained in the East Lake Specific Plan Amendment No. 6 document, General Plan, and City Municipal Code. 2. The effects that TTM No. 31920 are likely to have upon the housing needs of the region, the public service requirements of its residents and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and East Lake Specific Plan Amendment No. 6 document, will provide necessary public services and facilities, will pay all appropriate fees, and will balance all environmental impacts, with approval of a Statement of Overriding Considerations. 3. The design of TTM No. 31920 provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision. (Governmental Code Section 66412.3) The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. Amended Development Agreement Page Forty — City Council Minutes — July 27, 2004 1. The Amended Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Amended Development Agreement addresses funding mechanisms and procedures to ensure the East Lake Specific Plan Amendment No. 6 project is constructed and implemented in accordance with the General Plan. 2. The Amended Development Agreement is compatible with the uses authorized in, and the regulations prescribed for in the East Lake Specific Plan Amendment No. 6 document, which is where the real property is located. The Amended Development Agreement addresses funding mechanisms and procedures to ensure the East Lake Specific Plan Amendment No. 6 project is constructed and implemented in accordance with the General Plan. 3. The Amended Development Agreement conforms with the public convenience and general welfare and reflects good land use practices. The Amended Development Agreement supports the proposed project, which will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses reflect good land use practices and will conform to the public welfare. 4. The Amended Development Agreement will not be detrimental to the health, safety and general welfare of the community. The Amended Development Agreement supports the proposed project, which will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses reflect good land use practices and will not conflict with the general welfare of the community. Page Forty -One — City Council Minutes — July 27, 2004 5. The Amended Development Agreement will not affect the orderly development of property or the preservation of property. The Amended Development Agreement supports the proposed project, which will construct residential and commercial uses, park areas, a golf course, an elementary school, and open space areas. These proposed land uses are compatible with surrounding uses and activities which also include commercial and residential uses. As shown in the Specific Plan Amendment No. 6 document, these proposed land uses will be constructed in orderly phases and will preserve habitat areas as appropriate. 6. The Amended Development Agreement is consistent with the provisions of Government Code Section 65864- 65869.5. The form and content of the Amended Development Agreement is consistent with the requirements of the Government Code. CONDITIONS OF APPROVAL EAST LAKE SPECIFIC PLAN AMENDMENT NO. 6, GENERAL PLAN AMENDMENT NO. 2003-04, AND DEVELOPMENT AGREEMENT PLANNING DIVISION General Conditions 1. The Draft East Lake Specific Plan Amendment No. 6 shall be revised to incorporate any corrections and changes required by the Planning Commission and/or City Council. A Final East Lake Specific Plan Amendment No. 6 document shall be submitted for review and approval by the Community Development Director or designee within 30 days of approval by the City Council. No permit shall be issued until the East Lake Specific Plan Amendment No. 6 document and any required revisions are administratively approved by the Community Development Director or designee. 2. The current overflow parking area will continue to be designated General Commercial and will be available for use as an overflow parking lot until such Page Forty -Two — City Council Minutes — July 27, 2004 time as other parking facilities have been created in the vicinity of the stadium. 3. The applicant shall construct or pay for the reasonable cost of construction of an eight -foot decorative block wall at the top of the grass berm near the stadium for noise attenuation. 4. Residences backing onto Malaga Road and along the southerly extension of Diamond Drive for distance of 4,300 feet from the current stadium public address system speakers shall implement the following design measures: • Window glazing shall approximate an STC rating of 28 for all windows in habitable rooms on the rear or side elevations of affected residences. • All roof mounted or gable end - located attic vents shall be baffled. • The applicant shall be responsible for all disclosures to buyers of residences regarding potential noise sources located near future residences. 5. The Final East Lake Specific Plan Amendment No. 6 document shall select the design alternative for the Multi -Use Park and Overflow Parking Lot for the Diamond Stadium which locates the overflow parking lot closer to the stadium (Figure 21A, from the Specific Plan Amendment No. 6 document). 6. Future development shall comply with those standards and guidelines contained in the Land Use Plan, Circulation Plan, Drainage Plan, Water and Sewer Plan, Dry Utilities Plan, Open Space Plan, Development Regulations, Design Guidelines, and Implementation Plan as contained in the East Lake Specific Plan Amendment No. 6 document. 7. Those issues, standards, guidelines, etc. not addressed in the East Lake Specific Plan Amendment No. 6 document and/or the 1993 Specific Plan will revert to the City Municipal Code and/or Zoning Code as of the date established by the 2004 Amended Development Agreement. 8. The applicant shall provide all project - related onsite and offsite improvements as described in the East Lake Specific Plan Amendment No. 6 document. Page Forty-Three — City Council Minutes — July 27, 2004 9. All future development in accordance with the East Lake Specific Plan Amendment No. 6 document shall require Planning Commission and City Council consideration and approval of Tentative Tract Map(s) and Design Review application(s). I O.The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Programs for the original 1993 East Lake Specific Plan Final Environmental Impact Report and the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6. 1 LA11 future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 12.Site preparation activity and construction shall not commence before 7:00 a.m. and shall cease at 7:00 p.m., Monday through Saturday. Construction activity shall not take place on Sunday, or any Legal Holidays. 13.The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, Consultants or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the East Lake Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 14.The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. Page Forty -Four — City Council Minutes — July 27, 2004 15.The applicant shall comply with those conditions of approval required by the Fire Department (see attached). The attached conditions require implementation prior to Final Map recordation, Grading Permit issuance, or Building Permit issuance. Major conditions include: • The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore, as of the date established by the 2004 Amended Development Agreement. . • All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and /or No. 787.1. • Prepare a Fuel Modification Plan, subject to approval by the Fire Department. • The Homeowner's Association shall be responsible for implementing the Fuel Modification Plan. • The project shall provide an alternate or secondary access. 16.Future development shall comply with those requirements and provisions contained in the 2004 Amended Development Agreement between the City and Laing Homes. All references to the 1994 Amended Development Agreement shall be 2004. 17.All Conditions of Approval are subject to the terms and limitations of the 2004 Amended Development Agreement between the City of Lake Elsinore and Laing Homes. Prior to Final Tract Map Approval 18.All lots shall comply with applicable standards contained in the East Lake Specific Plan Amendment No. 6 document and Municipal and Zoning Codes. Page Forty -Five — City Council Minutes — July 27, 2004 19.A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code. 20.Street names within the subdivision shall be approved by the Community Development Director or Designee. 21.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 22.Prior to approval of the Final Map or if deemed appropriate by the Community Development Director or designee, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC &Rs). At a minimum, the CC &Rs shall include language to ensure the HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, drainage easements, all right -of -way landscaping, medians, slopes, walls, and focal parks. 23.Prior to Final Map approval, the applicant shall submit a Detailed Phasing, Improvement and Phasing Plan for the entire Specific Plan Amendment No. 6 area, subject to approval by the Community Development Director and Engineering Manager, or designee. Prior to Design Review Approval 24.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the Fire Department. 25.All future structural development associated with the East Lake Specific Plan Amendment No. 6, including subdivision maps require separate Design Review approval. Page Forty -Six — City Council Minutes — July 27, 2004 26.The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire East Lake Specific Plan Amendment No. 6 area. Said plan shall show that decorative, masonry, concrete block walls will be constructed around the boundaries of each phased area. 27.The applicant (master developer) shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc. Prior to Grading Permit Issuance 28.The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 29.Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document. 30.Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 31.Grading easements shall be coordinated with affected property owners. 32.Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 33.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineering Manager and the Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100 Page Forty -Seven — City Council Minutes — July 27, 2004 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 34.The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in- lieu -of fees, or a combination of both. 35.The applicant shall annex into Landscape and Street Lighting Maintenance District No. 1 to offset the cost of the City maintaining the street lighting. As indicated, the HOA shall maintain all right -of -way landscaping, medians, parkways, slopes and focal parks. 36.The applicant shall annex into Community Facilities District 2003 -01 related to the City-Wide Community Facilities District for Public Safety to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 37.The applicant shall pay all appropriate traffic impact mitigation fees as of the date established by the 2004 Amended Development Agreement. 38.The applicant shall pay appropriate TUMF fees or construct the necessary improvements along the I -15 Freeway at Railroad Canyon Road and acquire approval for any TUMF reimbursement from WRCOG, RCTC, and the City. 39.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 40.Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. Page Forty -Eight — City Council Minutes — July 27, 2004 41.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 42.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 43.Pay all applicable fees including park fees. 44.The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 45.Prior to issuance of building permits for each future tract, the applicant or merchant builder for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that decorative, masonry, concrete block walls will be constructed around each tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 46.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Page Forty -Nine — City Council Minutes — July 27, 2004 47.The applicant shall meet all requirements of the providing electric utility company. 48.The applicant shall meet all requirements of the providing gas utility company. 49.The applicant shall meet all requirements of the providing telephone utility company. 50.A bond is required guaranteeing the removal of all trailers used during construction. 51.Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. Prior to Certi tcate of Occupancy Issuance 52.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along project and perimeter streets and other connecting roads shall be applied to minimize fugitive dust generation. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. ENGINEERING DIVISION 53.The Draft East Lake Specific Plan Amendment No. 6 shall incorporate all recommendations stated in the approved traffic study. 54.The cross section of the local roadway shall allow for two 11 -foot drive isle with 7 -foot parking shoulders allowed on each side. 55.All future proposals in the Specific Plan shall require a soils report, hydrology report, traffic study and an Alquist - Priolo study. Additional studies shall be required at the discretion of the Engineering Manager. Page Fifty — City Council Minutes — July 27, 2004 56.No imported borrow from outside the Specific Plan area as described in City Ordinance 1105 shall be allowed. 57.In accordance with City Ordinance 1105, as directed by the Flood Plain Administrator, the minimum foundation elevation shall be 1267. No foundation or basement shall be constructed below this elevation unless approved by the Engineering Manager. 58.All grading in the Specific Plan Area shall comply with the Regional Water Quality Control Board Regulation and the Riverside County Permit for the Santa Ana Region. 59.All applicants in the Specific Plan Amendment No. 6 area shall be subject to all mitigation, capital improvement and plan check processes, fees and regulations. 60.Those issues, standards, guidelines, etc. not addressed in the East Lake Specific Plan Amendment No. 6 document and /or the 1993 Specific Plan will revert to the City Municipal Code and/or Zoning Code as of the date established by the 2004 Amended Development Agreement. 61.The applicant shall provide all project - related onsite and offsite improvements as described in the original 1993 East Lake Specific Plan and as superceded by the East Lake Specific Plan Amendment No. 6 document. 62. All applicants for projects within the East Lake Specific Plan shall be subject to additional Engineering Conditions of Approval in conjunction with future Design Review applications, grading plan approvals, and other required City approvals and entitlements. 63. Prior to the issuance of the certificate of occupancy for the first structure, the developer or his successor shall have completed construction and received the certificate of occupancy for the entire golf facility, with all components being approved by the Planning Commission and City Council. Said facility shall be privately maintained and open to the public, and may be offered to the city at a future date. Page Fifty -One — City Council Minutes — July 27, 2004 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 31920 PLANNING DIVISION General Conditions 1. Tentative Tract Map No. 31920 will expire two years from the date of approval unless within that period of time a Final Map has been filed with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and /or Section 12.12 of the 2004 Amended Development Agreement between the City and Laing Homes. Additional extensions of time shall be granted as provided in Section 12.12 of the Development Agreement. 2. Future development shall comply with those standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document and conditions of approval established with the original 1993 East Lake Specific Plan and East Lake Specific Plan Amendment No. 6. 3. Tentative Tract Map No. 31920 shall comply with the State of California Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 4. Future development shall comply with those requirements and provisions contained in the 2004 Amended Development Agreement between the City and Laing Homes. All references to the 1994 Amended Development Agreement shall be 2004. 5. The applicant shall provide all project - related ofsite and offsite improvements as described in the original 1993 East Lake Specific Plan and as superceded by the East Lake Specific Plan Amendment No. 6 document. 6. The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Programs for the original 1993 East Lake Specific Plan Page Fifty -Two — City Council Minutes — July 27, 2004 Final Environmental Impact Report and the Supplemental Environmental Impact Report for East Lake Specific Plan Amendment No. 6. 7. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 8. The applicant shall comply with those conditions of approval required by the Fire Department (see attached). The attached conditions require implementation prior to Final Map recordation, Grading Permit issuance, or Building Permit issuance. Major conditions include: • The applicant shall participate in the Development Impact Fee Program as adopted by the City of Lake Elsinore as of the date established by the Development Agreement. • All water mains and fire hydrants shall be constructed in accordance with Riverside County Ordinance No. 460 and/or No. 787.1. • Prepare a Fuel Modification Plan, subject to approval by the Fire Department. • The Homeowner's Association shall be responsible for implementing the Fuel Modification Plan. The project shall provide an alternate or secondary access. 9. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, Consultants or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the East Lake Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Page Fifty -Three — City Council Minutes — July 27, 2004 Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 10.Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 7:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 11.The applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12.All Conditions of Approval are subject to the terms and limitations of the 2004 Amended Development Agreement between the City of Lake Elsinore and Laing Homes. Prior to Final Tract Map Approval 13.All lots shall comply with applicable standards contained in the East Lake Specific Plan Amendment No. 6 document and Municipal and Zoning Codes. 14.A precise survey with closures for boundaries and all lots shall be provided per the Lake Elsinore Municipal Code. 15.Street names within the subdivision shall be approved by the Community Development Director or Designee. 16.All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 17.Prior to approval of the Final Map or if deemed appropriate by the Community Page Fifty-Four — City Council Minutes —July 27, 2004 Development Director or designee, prior to issuance of building permit, the applicant shall initiate and complete the formation of a Homeowner's Association, approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and recorded, such as the Articles of Incorporation for the Association; and Covenants, Conditions and Restrictions (CC &Rs). At a minimum, the CC &Rs shall include language to ensure the HOA shall maintain landscaping along parkways and project streets, recreational areas, walkways, drainage easements, all right -of -way landscaping, medians, slopes, walls, and focal parks. 18.Prior to Final Map approval, the applicant shall submit a Detailed Phasing, Improvement and Phasing Plan for the entire Tentative Tract Map No. 31920 area, subject to approval by the Community Development Director and Engineering Manager, or designee. Prior to Design Review Approval 19.Future construction shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the Fire Department. 20.All future structural development associated with the East Lake Specific Plan Amendment No. 6, including subdivision maps require separate Design Review approval. 21.The applicant (master developer) shall prepare a Community-Wide Wall Plan for the entire East Lake Specific Plan Amendment No. 6 and TTM No. 31920 area. Said plan shall show that decorative, masonry, concrete block walls will be constructed around the boundaries of each phased area. 22.The applicant (master developer) shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc. Page Fifty -Five — City Council Minutes — July 27, 2004 Prior to Grading Permit Issuance 23.The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 24.Prior to the issuance of any grading permits, the applicant shall submit a final grading plan, subject to all requirements of the City Grading Ordinance to the City Engineer for approval. Said grading plan shall address those grading standards and guidelines contained in the East Lake Specific Plan Amendment No. 6 document. 25.Grading shall not be permitted outside the area of the designated project boundary unless appropriate approvals have been obtained. 26.Grading easements shall be coordinated with affected property owners. 27.Prior to issuance of a grading permit, grading and construction plans shall incorporate erosion control measures. 28.Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineering Manager and the Planning Division. Interim and permanent erosion control measures are required. The applicant shall bond 100 percent for material and labor for one year for erosion control landscaping at the time the site is rough graded. Prior to Building Permit Issuance 29.The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in- lieu -of fees, or a combination of both. Page Fifty -Six — City Council Minutes — July 27, 2004 30.The applicant shall annex into Landscape and Street Lighting Maintenance District No. 1 to offset the cost of the City maintaining the street lighting. As indicated, the HOA shall maintain all right -of -way landscaping, medians, parkways, slopes and focal parks. 31.The applicant shall annex into Community Facilities District 2003 -01 related to the City -Wide Community Facilities District for Public Safety to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 32.The applicant shall pay all appropriate traffic impact mitigation fees. 33.The applicant shall pay appropriate TUMF fees or construct the necessary improvements along the I -15 Freeway at Railroad Canyon Road and acquire approval for any TUMF reimbursement from WRCOG, RCTC, and the City. 34.The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 35.Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 36.The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 37.The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 38.Pay all applicable fees including park fees. Page Fifty -Seven — City Council Minutes — July 27, 2004 39.The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 40.Prior to issuance of building permits for each future tract, the applicant or merchant builder for each individual tract shall prepare a Final Wall and Fence Plan addressing the following: • Show that decorative, masonry, concrete block walls will be constructed around each tract. • Show materials, colors, and heights of side yard fences for proposed lots. • Show that all front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. 41.The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the applicant and/or the HOA. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 42.The applicant shall meet all requirements of the providing electric utility company. 43.The applicant shall meet all requirements of the providing gas utility company. 44.The applicant shall meet all requirements of the providing telephone utility company. Page Fifty-Eight — City Council Minutes — July 27, 2004 45.A bond is required guaranteeing the removal of all trailers used during construction. 46.Future signage requires a permit and shall be subject to Planning Division review and approval prior to installation. Prior to Certificate of Occupancy Issuance 47.Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along project and perimeter streets and other connecting roads shall be applied to minimize fugitive dust generation. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. ENGINEERING DIVISION 48.Applicant shall incorporate the recommendations of the traffic study — Southerly (Tentative Tract 31920) Traffic Phasing Analysis City of Lake Elsinore, California, dated February 6, 2004, pages 1 -6 through 1 -24 (attached) and as modified, added, or deleted as follows: • Applicant shall construct a traffic signal at Diamond Drive and south "C" Street prior to the school opening or issuance of the 50th certificate of occupancy. • Applicant shall NOT construct Railroad Canyon Road at Summerhill Dr - NB right turn lane as described in the Traffic Study. (This improvement is scheduled for construction 2004/2005) • A bond shall be submitted and maintained for the improvements to Railroad Canyon Road at I -15 NB ramps until such a time that the pending Caltrans Project Report identifies the specific interchange improvements. Availability for reimbursement for these improvements shall be subject to approval from WRCOG, RCTC and the City. Page Fifty -Nine — City Council Minutes — July 27, 2004 • Applicant shall construct the traffic signal at Main Street and Lakeshore Drive as indicated in the Traffic report. The signal shall be operational prior to issuance of the 250th certificate of occupancy. • Applicant shall construct the traffic signal at Mission Trial and Olive Street as indicated. The signal shall be operational prior to issuance of the 300th certificate of occupancy. • Applicant shall construct the traffic signal at Mission Trial and Lemon Street as indicated in the traffic study. The signal shall be operational prior to issuance of the 300th certificate of occupancy. • Applicant shall install the traffic signal at Bundy Canyon Road/I -15 Freeway ramps. This improvement is not in the City's TIF; fee credit agreements will not apply. The signal shall be operational prior to the issuance of the 501 st certificate of occupancy. • Applicant shall install the traffic signal at Mission Trail and Elberta Road as indicated in the traffic study. The signal shall be operational prior to the issuance of the 50th certificate of occupancy. • Applicant shall construct Mission Trail including a raised median as indicated in the traffic study. • Applicant shall construct Malaga Road as indicated in the traffic study. A raised median shall be included with the improvements. • The project Specific Plan Amendment Traffic Study does not identify the Diamond Drive alignment improvement from Campbell Street to Lakeshore Drive/Mission Trail as a project offsite mitigation measure, but project TIF funds may be focused on this improvement. Page Sixty — City Council Minutes — July 27, 2004 • Applicant shall construct the extension of Diamond Drive through the project. The cross section shall conform to the recommendations in the approved traffic study. • Applicant shall provide an alignment study for Bundy Canyon Road from the project's east boundary to Corydon Street as directed and approved by the City Engineering Manager. • Internal streets as shown on Tentative Tract Map 31920 shall comply with the approved roadway cross sections shown in the traffic study document. 49.Per Ordinance 1105 as interpreted by the Flood Plain Administrator, the minimum foundation elevation shall be 1267. No foundation or basement shall be constructed below this elevation unless approved by the City Engineering Manager. 50.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. 5 LA11 Capital Improvement, Mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26). 52.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 53.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 54.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. Page Sixty -One — City Council Minutes — July 27, 2004 55.Pay all fees and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 56.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 57.Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 58.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 59.Applicant shall provide fire protection facilities as required in writing by Riverside County Fire. 60.Applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. 61.Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 62.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes "No Parking" and "Street Sweeping" signs for streets within the tract. 63.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or applicant to pay $300 per sheet for City digitizing. Page Sixty -Two — City Council Minutes — July 27, 2004 64.All utilities except electrical power lines greater than 12KV shall be placed underground, as approved by the serving utility. 65.Applicant shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineering Manager. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 66.Applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 67.An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 68.All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 69.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non - historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. 70.0n -site drainage facilities located outside the road right -of -way shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". Page Sixty-Three — City Council Minutes — July 27, 2004 71.All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineering Manager. 72.Applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 73.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 74.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineering Manager. 75.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 76.Ten -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be contained within the street right -of -way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 77.Applicant shall be subject to all Master Planned Drainage fees as of the date of the 2004 Amended Development Agreement. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. 78.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. 79.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which Page Sixty -Four — City Council Minutes — July 27, 2004 describes BMP's that will be implemented for the development and including maintenance responsibilities. 80.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 81.Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 82.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 83.Applicant shall provide a traffic study prepared by a traffic engineer to determine the traffic volume and the impacts on intersections in the vicinity and freeway on and off ramps prior to final map approval, subject to the approval of the City Engineering Manager. 84.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 85.Applicant shall annex into the Landscape and Street Lighting Maintenance District No. 1 to maintain the storm drain system, including the detention basin and storm drain inlets. 86.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR &R Inc., for Page Sixty -Five — City Council Minutes — July 27, 2004 removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Mayor Buckley closed the public hearing at 10:30 p.m. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 10:31 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:39 P.M. 22. Tentative Parcel Map 31357 - Sam & Yolla Rizk - North West Corner of Mountain Street/Raveta Lane. (F:110.2) Mayor Buckley opened the public hearing at 10:40 p.m. Community Development Director Brady highlighted this project and detailed the location. He explained that the Planning Commission heard the item on July 6`h and recommended approval. He clarified that the applicant was planning to build conventional homes on the properties. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Pro Tern Kelley requested clarification that the proposed homes were stick built homes, rather than manufactured homes. Sam Rizk, 1530 San Monte, Corona, indicated that he was the architect and the proposed product would be in a category between tract homes and custom homes. He stressed that they would be a little better than tract homes, and some of the applicants would be occupying the homes. Mayor Buckley closed the public hearing at 10:42 p.m. Page Sixty -Six — City Council Minutes — July 27, 2004 MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO. 31357 BASED ON THE FOLLOWING FINDINGS & EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Y 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. Page Sixty -Seven — City Council Minutes — July 27, 2004 4. The design of the subdivisions provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 31357, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. 2. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the Page Sixty -Eight — City Council Minutes — July 27, 2004 improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map requires separate Design Review approval. 10. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from Page Sixty -Nine — City Council Minutes — July 27, 2004 the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 18. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 21.Dedicate full half -width cross section of 30 -feet for the project frontage on Raveta Lane. 22.Construct full half -width cross section of 20 -feet plus 4- additional feet across the centerline to provide two lanes of traffic for the project frontage of the Raveta Lane. 23.Dedicate full half -width cross section of 30 -feet for the project frontage of Mountain Street. Page Seventy — City Council Minutes — July 27, 2004 24.Construct full half -width cross section of 20 -feet for the project frontage of Mountain Street. 25.Construct roadway taper from the improved section of Mountain Street to the existing pavement width. Transition shall be designed and constructed such that existing storm water flows are conveyed. 26.Provide a sewer easement over the sewer line location for parcels 1 through 4. Easement shall be subject to the approval of Elsinore Valley Municipal Water District. 27.All off -site grading, drainage or construction shall require a notarized permission to grade letter from the affected property owner. 28.Provide approved permanent traffic control at the intersection of Raveta Lane and Mountain Street. 29.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. 30.All Capital Improvement, mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26). 31.Pay all TIF, TUMF and area drainage fees as required by City ordinance. 32.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 33.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). Page Seventy -One — City Council Minutes — July 27, 2004 34.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. 35.Pay all development processing fees, post all appropriate securities and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 36.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 37.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 38.Provide fire protection facilities as required in writing by Riverside County Fire. 39.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 40.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 41.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 42.All improvement plans and parcel maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible Page Seventy -Two — City Council Minutes — July 27, 2004 with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 43.All utilities except electrical power lines greater than . shall be placed underground, as approved by the serving utility. 44.Developer shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 45.Developer shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 46.An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 47.All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 48.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non - historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. Page Seventy -Three — City Council Minutes — July 27, 2004 49.0n -site drainage facilities located outside the road right -of -way shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 50.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. 51.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 52.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 53.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 54.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 55.Ten (10) year storm runoff shall be contained within the curb and the one hundred (100) year storm runoff shall be contained within the street right - of -way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 56.Developer shall be subject to all Master Planned Drainage fees. Staff will review the potential for fee credit for all Master Planned Drainage facilities constructed. 57.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. Page Seventy -Four — City Council Minutes — July 27, 2004 58.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 59.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 60.Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 61.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 62.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 63.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR &R Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 23. Tentative Parcel Man 31685 - Sam Taouil & Tony Faisal - North East Corner of Mountain Street/Raveta Lane. (F:110.2) Page Seventy -Five — City Council Minutes — July 27, 2004 Community Development Director Brady explained this project and noted that it would include a private frontage street. He advised that the parcels would range from 10,000 to 10,450 square feet. Mayor Buckley opened the public hearing at 10:43 p.m., asking those persons interested in this item to speak. There were no public comments. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE TENTATIVE PARCEL MAP 31685 BASED ON THE FOLLOWING FINDINGS & EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Hickman inquired if the homes would follow the design of the existing homes in the area. Community Development Director Brady indicated that they would have to go through the design review process. Mayor Buckley commented that they would fit in, but be upgraded. Mayor Buckley closed the public hearing at 10:44 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. FINDINGS 1. The proposed subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning area, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). Page Seventy -Six — City Council Minutes — July 27, 2004 The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivisions provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of Tentative Parcel Map No. 31685, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. Page Seventy -Seven — City Council Minutes — July 27, 2004 2. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map requires separate Design Review approval. 10. Prior to issuance of any grading permit and/or building permit, the applicant Page Seventy -Eight — City Council Minutes — July 27, 2004 shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. Pay all applicable fees including park fees. 15. The applicant shall meet all requirements of the providing electric utility company. 16. The applicant shall meet all requirements of the providing gas utility company. 17. The applicant shall meet all requirements of the providing telephone utility company. 18. A bond is required guaranteeing the removal of all trailers used during construction. 19. All signage shall be subject to Planning Division review and approval prior to installation. 20. The City's Noise Ordinance shall be met during all site preparation activity. Page Seventy -Nine — City Council Minutes — July 27,2004 Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. ENGINEERING 21.Dedicate full half -width cross section of 30 -feet for the project frontage on Raveta Lane. 22.Construct full half -width cross section of 20 -feet for the project frontage of the Raveta Lane. 23.Dedicate full half -width cross section of 30 -feet for the project frontage of Mountain Street. 24.Construct full half -width cross section of 20 -feet for the project frontage of Mountain Street. 25.Construct roadway taper from the improved section of Mountain Street to the existing pavement width. Transition shall be designed and constructed such that existing storm water flows are conveyed. 26.Modify the inlet of the existing 48 -inch storm drain to a Riverside County Standard Curb Inlet. The inlet structure shall be designed to convey the existing plus developed flows and shall be located at the low point along the project frontage on Mountain Street. 27.All off -site grading, drainage or construction shall require a notarized permission to grade letter from the affected property owner. 28.Provide approved permanent traffic control at the intersection of Raveta Lane and Mountain Street. Page Eighty — City Council Minutes — July 27, 2004 29.Lot -A shall be removed at the Final Map processing and the lot lines for lots 1,2 and 3 shall be extended to the public right -of -way so as to include the area described as lot -A. 30.Individual lots shall be responsible to maintain their frontage between the private drive and Mountain Street. Applicant shall record a document obligating this maintenance to the individual properties. 31.The private drive shall be a minimum 24 -feet wide. 32. Sight distance shall be preserved between the private drive and Mountain Street. Walls, landscaping exceeding 24- inches in height or other obstructions shall not be permitted. 33.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. 34.All Capital Improvement, mitigation and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26). 35.Pay all TIF, TUMF and area drainage fees as required by City ordinance. 36.A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 37.All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 38.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to final map approval. Page Eighty -One — City Council Minutes — July 27, 2004 39.Pay all development processing fees, post all appropriate securities and meet requirement of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 40.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 41.Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 42.Provide fire protection facilities as required in writing by Riverside County Fire. 43.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 44.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 45.Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 46.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. Page Eighty -Two — City Council Minutes — July 27, 2004 47.All utilities except electrical power lines greater than shall be placed underground, as approved by the serving utility. 48.Developer shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. In the event grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall be obtained so that a cursory drainage and flow pattern inspection can be conducted prior to grading. 49.Developer shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50.An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. In the event the project is unaffected by any fault zone, developer shall provide a document certified by a licensed Geotechnical Engineer or Licensed Geologist identifying the site as being outside the fault zone. 5 LA11 grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes: steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 52.Individual lot drainage shall be conveyed to a storm drain facility and conveyed to the public storm drain system. Any non - historic storm flows shall not be accepted without a notarized and recorded letter of drainage acceptance from the affected property owner(s) or conveyed to a drainage easement. Page Eighty -Three — City Council Minutes — July 27, 2004 53.0n -site drainage facilities located outside the road right -of -way shall be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 54.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. 55.Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 56.All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 57. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 58.Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area whenever feasible. 59.Ten (10) year storm runoff shall be contained within the curb and the one hundred (100) year storm runoff shall be contained within the street right - of -way. If either of these criteria is exceeded, additional drainage facilities shall be installed. 60.Developer shall be subject to all Area Planned Drainage fees. Staff will review the potential for fee credit for all Area Planned Drainage facilities constructed. Page Eighty -Four — City Council Minutes — July 27, 2004 61.Applicant will be required to install BMP's using the best available technology to mitigate urban pollutants from entering the watershed. 62.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 63.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 64.Applicant shall provide for first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 65.Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special restricted use easement must be recorded to limit the slope, type of landscaping and wall placement. 66.Riverside County Fire Department shall approve width and radii of private streets and the length and configuration of hammerhead turnarounds prior to final map approval. 67.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact with CR &R Inc., for removal and disposal of all waste material, debris, vegetation and other Page Eighty -Five— City Council Minutes — July 27, 2004 rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 24. Public Hearing for Consideration of Objections and to the Confirmation and placement of Weed Abatement charges on Property Tax Bills - Resolution No. 2004 -58. (F:166.1) Mayor Buckley opened the public hearing at 10:45 p.m. Parks & Open Space Manager Fazzio explained this item and offered to answer questions. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Buckley closed the public hearing at 10:46 p.m. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-58. RESOLUTION NO. 2004-58 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF WEED ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF AND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. ITEM PULLED FROM THE CONSENT CALENDAR Page Eighty -Six — City Council Minutes — July 27, 2004 6. Council Policy - Cost of Living Increases. (F:120.1) Mayor Buckley commented that his request to speak regarding Item No. 6 was from Mr. Hewison, who had already left the meeting. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT THE COUNCIL POLICY AS PRESENTED. BUSINESS ITEMS 31. Second Readiniz -Ordinance No. 1124 - MSHCP Mitigation Fee. (F:76.4) MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1124, UPON SECOND READING BY TITLE ONLY: City Attorney Leibold clarified that the Ordinance would go into effect in 30 days, however the fee would not be imposed until 60 days had elapsed. ORDINANCE NO. 1124 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH A LOCAL DEVELOPMENT MITIGATION FEE FOR FUNDING THE PRESERVATION OF NATURAL ECOSYSTEMS IN ACCORDANCE WITH THE WESTERN RIVERSIDE COUNTY MULTIPLE SPECIES HABITAT CONSERVATION PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: KELLEY Page Eighty -Seven — City Council Minutes — July 27, 2004 ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Letter of Support/Homeless Shelter. (F:87.3) City Manager Watenpaugh read the proposed letter of support, and explained that the request was for a Transitional Living Shelter. He indicated that Cathy Welborn was present from the County to explain the grant for which they have applied. He noted that the grant would need to be matched by local agency funds. Cathy Welborn, Riverside County Department of Public Social Services 4060 County Circle Drive, Riverside, noted that she is the Manager of the Homeless unit. She explained that they were looking to develop a shelter for the south west part of the County, as there was presently no facility in the area. She detailed the services such a shelter would offer on a short term basis. She indicated that this type of facility stresses working toward self sufficiency, under 24 hour supervision. She indicated that the facility would include 60 beds with 40 dedicated to families, and the balance for single females. She advised that most of the operating shelters do background checks and Megan's law checks for safety of the other participants. She noted that they were looking at individual bedrooms and cooking quarters for food preparation. She advised that they were planning to locate in a close proximity to the DPSS Office. She indicated that part of the grant covers the cost of a van for transportation to the Workforce Development Facility or Mental Health facility. She explained that the intent was to be sure the Council was kept in the loop and made aware of how the plan was to go forward. She indicated that the plan was still very much in the development stage, but they had applied for the funding due to the grant timing, so they would not have to wait another year. She advised that their intent was to apply for Proposition 46 funds and funds from neighboring communities. She offered to answer additional questions, but indicated that if the Council preferred to wait for additional information that Page Eighty- Eight— City Council Minutes — July 27, 2004 was fine, but any work form this point forward would cost the effort money. She indicated that with a letter of support, it would be worthwhile to gather more information. Mayor Buckley questioned the letter requested and the commitment it would set with regard to approval or funding. Ms. Welborn indicated that the grant application had been submitted, however the letter would be helpful in obtaining additional funding. She further indicated that the neighboring communities would see the letter as a reason that they should support the plan. Mayor Buckley requested clarification that the Council would have the opportunity to consider the project further. Ms. Welborn confirmed. Edith Stafford, 29700 Hursh, indicated that she would be in support of this program, if it doesn't turn out like Welfare; and stressed that the program should help people help themselves. She stressed that it should be written so it could not be changed and used in the wrong way. She indicated that she would support the program and encourage the City to send a letter of support to help them expedite their application. She suggested that this was better than having people on the street, as long as it was not a crutch. Councilman Schiffner noted that the City has spent a lot of effort and money to promote the City and draw businesses to the community; and indicated that this was a situation in which it was important to be careful of what you asked for. He indicated that he would support a letter either way, but he would have preferred that they found a place in another town. Councilman Magee thanked Ms. Welborn for patience at this meeting. He expressed concern with the level of communication between the City and the County, as there was not a single document included from the County, but he heard the application was already filed. He indicated that there should be a staff report that was approved at the County level, but none of that paper was before the Council. He stressed that the information had not come to the City, and indicated that he was uncomfortable committing to Page Eighty -Nine — City Council Minutes — July 27, 2004 something that he knows nothing about. He indicated that he would like to put the matter off for 30 days to get all of the information the Board of Supervisors received. He commented that he was disappointed that there was no information from Supervisor Buster. He indicated that he did not know the long range plan, as the staff report indicates that it will have up to 60 beds, but he also heard testimony during the 4 p.m. meeting that there could be up to 300 beds. He questioned the volume of the project, and when a determination was expected. Ms. Welborn indicated that this was a long process and they did not expect to hear a determination until December or January. Councilman Magee suggested that a 30 day delay would not be unreasonable. Ms. Welborn indicated that she could get a copy of the application to HUD, but she has held off putting anything else before the Board until they have the support of the City. She stressed the need for support before building plans are developed or funds are expended; and clarified that the Council would have the opportunity to review the project as the process goes along. She indicated that 300 beds was a dream, but they needed to try 60 beds first. She explained that HUD was always open to expansion grants. She reiterated that at this point it would be a 60 bed shelter for families and single women. She indicated that she could supply the grant application to the Council. Mayor Pro Tem Kelley inquired if the grant application was all the information available. Ms. Welborn confirmed, but stressed that it was a long process to bring the project to fruition. She indicated that at this point if it is O.K., they want to go forward and start developing funding streams; and finding a way to pay for the property and fund the facility. She highlighted the types of grants available. Mayor Buckley inquired if the Council would be more comfortable if Ms. Welborn committed to a monthly update letter on the progress. Councilman Hickman inquired if there was no letter of support, if the grant money would be lost. Ms. Welborn indicated that they would not loose the money, however it would not be appropriate for the County to move forward, if the shelter could never be built. She indicated that there was a Page Ninety — City Council Minutes — July 27, 2004 desperate need for this type of shelter in this part of the County, and that is why HUD is open to approving it. Councilman Schiffner indicated that he was curious if the Board of Supervisors had taken any action on this matter at all. Ms. Welborn indicated that every year they submit a consolidated application to HUD for homeless programs, and for this year the deadline was today. She advised that the problem with HUD was that they were getting to the end of the funding, and the annual dollar amount is based on population and income for the area. She explained that it was getting to the point that they would only be able to apply for renewals, and they felt it was important to get a project in south west County before the funding ran out. She noted that there were four new projects this year, one for the mentally disabled, one for 40 mentally ill in western Riverside, an outreach program in the City of Riverside and this proposal. She indicated that she was not certain there was room for any new applications next year, so it was important to submit this application. She commented that some members of the Council were aware that they were moving in that direction. Councilman Schiffaer commented that he hated to be the one that kicked off an action like this, as he would like the Board of Supervisors to kick it off. Mayor Pro Tem Kelley questioned the parcel of land they were considering. Ms. Welborn indicated that they had not chosen a particular parcel, but reiterated that it would be in the general vicinity of the DPSS parcel on Chaney Street. Mayor Pro Tern Kelley noted that the area was prime industrial land, and indicated that her only reservation with the transitional shelter was lending support to something that the future location is not known and have to pull her support later. She commented that she was in a quandary, and that she might not support it, depending on where it was located. She stressed that the area was industrial and manufacturing; and noted that there was also a school. She indicated that she spoke with a School Board Member who was not aware of the project and did not support it near a school. Page Ninety -One — City Council Minutes — July 27, 2004 Councilman Hickman commented that if the County wanted to put the shelter in Lake Elsinore, it would do so; and indicated that he would rather do it amicably. He stressed that they were looking at that location because of the DPSS Office. He commented that a letter of support was not a commitment, so it would cause no damage. Mayor Buckley questioned putting a sentence in the letter regarding the eventuality that the City's final support was pending on the details of the facility. Mayor Pro Tern Kelley indicated that she would hate to give a false impression with the Council's support. She indicated that it was too bad there was not more information. Councilman Magee questioned the hurry and suggested asking staff to bring back the information in 30 days with real information and something from Supervisor Buster in support. He suggested that would not be out of line. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ASK STAFF TO BRING BACK THE INFORMATION IN 30 DAYS WITH MORE INFORMATION AND SUPPORT FROM THE SUPERVISOR. MOVED BY BUCKLEY, SECONDED BY HICKMAN A SUBSTITUTE MOTION TO APPROVE THE LETTER OF SUPPORT, GET MONTHLY UPDATES AND REWORK THE LETTER TO INCLUDE THAT THE CITY RETAINS THE RIGHTS, PRIVILEGES AND ABILITIES TO ADDRESS THE SPECIFICS. Councilman Magee further questioned the hurry. Councilman Hickman suggested that they solicit support from other cities. Councilman Magee stressed that it could be done in the next 30 days. Ms. Welborn indicated that a letter of support would go a long way with the neighboring communities, but she would have no objection to contacting them. She stressed that it would be helpful to have a letter of support. Councilman Schiffner commented that he did not want to be the lead agency. Page Ninety -Two — City Council Minutes — July 27, 2004 THE FOREGOING SUBSTITUTE MOTION FAILED BY A VOTE OF 2 TO 3 WITH KELLEY, MAGEE AND SCHIFFNER CASTING THE DISSENTING VOTES. Ms. Welborn suggested that 60 days might be more reasonable. Councilman Magee stressed that the key was the County's action. Ms. Welborn noted that the grant had been submitted, but the funds could be refused. Councilman Hickman inquired what was being requested. Councilman Magee stressed that he would like to see something from Supervisor Buster. He noted that the last time he checked, the City had land use authority in the City limits. Councilman Schiffner stressed that he would like to see something from another agency first, as he did not want to be the lead agency. City Manager Watenpaugh indicated that he would obtain the materials and request a letter from the Supervisor for placement on the next agenda. THE FOREGOING ORIGINAL MOTION CARRIED BY UNANIMOUS VOTE. 33. Council Sub - Committee /Select Audit Firm. (17:44.1)(X:24.1) City Manager Watenpaugh noted the staff discussion earlier this afternoon based on Council's frustration. He indicated that staff would like a committee to interview audit firms, and would be happy to send the materials to additional firms. He questioned how in -depth to go on the issues for the audit. Mayor Pro Tem Kelley indicated that she would like to move to appoint two Council representatives to interview the audit firms and set the specific criteria for the audit. Page Ninety -Three — City Council Minutes — July 27, 2004 Councilman Hickman nominated Mayor Buckley and Councilman Magee. Mayor Pro Tern Kelley inquired if this was for the selection committee to review the proposals. Mayor Buckley indicated that it would be for the interview process, to set the parameters. City Attorney Leibold noted that they would inquire of the auditor as to how they would proceed. Councilman Schiffner commented that they might tell the auditor what information is desired. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO APPOINT COUNCILMEMBERS MAGEE AND BUCKLEY TO THE SUBCOMMITTEE. Councilman Magee indicated that he was frustrated with the whole process, noting that it started with a simple request for an item on the agenda; but the Mayor scheduled a special meeting for a special committee to investigate everything. Then staff was directed to prepare an RFP, and 28 days later there was no RFP, but staff decided to do a statement of qualifications of the firms they feel are qualified. He indicated that he had a list of 36 auditing firms, but the ship had already sailed and the Council did not get what they wanted. He reiterated his frustration with the entire process and indicated that the passive- aggressive management system was driving him up a wall. He indicated that his position paid only $300 a month, and he would expect more of staff. Ron La Pere, 16867 Wells Street, indicated that he was in favor of an audit, and the Council was moving in the right direction. He commented that they needed to make a decision. He commented that employees in offices of a corporation have, legally, the ability to borrow from the corporation if pre - approved and the conditions are set before the action. He indicated that once the audit has been conducted and shows the way to go, then the action to take will be clear. He noted that financial institutions had the option of having a back -up for checking or savings accounts; and suggested that this process would resemble the two -fold process of the pre- approved loan. He clarified that the examination would look for overdrawn accounts, or illegal Page Ninety -Four — City Council Minutes — July 27, 2004 loans. He expressed hopes that the audit committee would look at the sequence of events on any person overdrawing an accrual that is not legal. He indicated if that was not occurring, the issue should be buried and done away with, with no procrastination. Edith Stafford, 29700 Hursh, indicated that the bottom line was that Resolution No. 88 -1 was passed in 1988 and became a City law, which has since been violated. She indicated that if the law had been violated it was important to determine who the culprits were that caused it to happen. She suggested that City laws were being changed to accommodate personal agendas. She urged the Council to not allow a precedence to be set that way. She indicated that she liked the first idea suggested by the Mayor of cutting the benefits until it was found out, what went on. She questioned why the City would continue to issue money on an illegal basis. She also questioned who was liable from this point forward. She indicated that it should have been cut and stressed that the Council was elected to do the right thing. She indicated that lawyers often come with strong appeals, but in this case she did not think a lawyer would attempt to step in a court room. She indicated that Health and Wellness should be suspended, as the staff has complete medical coverage, and complete dental and vision coverage. She commented that the taxpayers got broken axles because the roads were not maintained, but money was being given to staff with exorbitant salaries on top of medical. She stressed that this was the taxpayers money and someone would be liable for the money spent in violation of Resolution No. 88 -1. Mayor Buckley noted that there was a motion for Councilmembers Magee and Buckley to be the subcommittee to interview the auditors and set the parameters; and bring back a potential auditor and explain the parameters. Councilman Magee questioned staff s offer to circulate the request to additional auditors and provide a list of those already mailed to. City Manager Watenpaugh indicated that staff would do the additional circulation tomorrow and provide a list, but questioned the August 10th time line. Councilman Magee indicated that it needed to be backed off, as he Page Ninety -Five — City Council Minutes — July 27, 2004 was not sure the timing would work. Mayor Buckley suggested it come back on either the 10th or the 241H THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 11:26 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 11:37 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES No Comments. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Thanked TIP for the information presented. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENT Not Present. CITY COUNCIL COMMENTS Page Ninety -Six — City Council Minutes — July 27, 2004 Councilman Schiffner commented on the following: 1) Thanked those who supported Item 21, and indicated that the City was moving ahead. Councilman Hickman commented on the following: 1) Congratulated his son on his wedding. 2) Announced the Renter's Rebate assistance at the Senior Center on Mondays and Tuesdays. 3) Indicated that his prayers were with the Hunt family. Councilman Magee had no comments. Mayor Pro Tem Kelley commented on the following: 1) Noted the Music with a View Concert series starts on August 7th and detailed the other concert dates. Mayor Buckley commented on the following: 1) Announced the following upcoming events: Chamber of Commerce Reverse Drawing — July 296 . Open Air Market — August 1St State of the City — August 6th at 5:30 p.m. Household Hazardous Waste Collection — August 7th 2) Encouraged Dan Uhlry to get well soon. ADJOURNMENT Page Ninety -Seven — City Council Minutes — July 27, 2004 THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 11:31 P.M. THOMAKBU5KLEY, MAYOR CITY OF L ELSINORE A TEST: VICKI KASA , CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 10, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:25 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: KELLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (1 case). (17:40.1)(X:52.1) City Attorney Leibold announced the Closed Session discussion item as listed above. Page Two — City Council Minutes — August 10, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:26 P.M. THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:50 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:07 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Carmella Loelkes. INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent prayer for David Gonzalez. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: KELLEY Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Fetherolf, Information /Communications Manager Dennis, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS Page Three — City Council Minutes — August 10, 2004 None. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE David Cooper, 32900 Riverside Drive, questioned the moment of silent prayer. He indicated that he had been talking with the Pacific Institute in Sacramento, and they had assured him that a moment of silent prayer would cause no problems from the ACLU. He recommended continuing with the practice of silent prayer, and offered a prayer for good stewardship of the citizens' money. Ron LaPere, 16867 Wells Street, noted his comments at the last meeting regarding weed abatement. He noted that he had toured the community and commended staff on a great job of tree trimming, particularly the palm trees. Paula Graver, 218 Ellis Street, indicated that she was the community's next homeless person. She explained that she had been evicted because she had helped the other tenants deal with the landlord. She advised that she went to court and Judge's opinion was that they were all liars. She commented that she did not like having to move, and noted that they were very few low income houses in the community. She noted that being evicted, made finding a new house even more difficult. She indicated that by the end of the month she would be living in her car. Frank Estrada, 31036 Nebraska, made a plea to the Council for assistance with a huge bunch of bees or mosquitoes in front of his home. Mayor Buckley indicated that the Northwest Board would be able to assist with this problem. Mr. Estrada stressed the size of the swarm. Mayor Buckley noted the types of bees in the area. City Manager Watenpaugh indicated that he would be happy to go by and address the situation tomorrow. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES No Comments. Page Four — City Council Minutes — August 10, 2004 CONSENT CALENDAR MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES OF JUNE 179 20049 AS AMENDED PER EARLIER DISCUSSIONS. 1. The following Minutes were approved: a. City Council Study Session - June 10, 2004. (F:44.4) b. City Council Study Session - June 17, 2004. C. Joint Study Session - June 22, 2004. d. Special City Council Meeting- June 29, 2004. e. Regular City Council Meeting - July 13, 2004. The following Minutes were received and ordered filed: f. Planning Commission Minutes - July 6, 2004. (F:60.3) 2. Ratified Warrant List for July 29, 2004. (F:12.3) 3. Approved Contract with Bid America for Digital Imaging Services. (F:68.1)(X:65.1) 4. Approved Supplemental Agreements for the 2004 -05 Community Development Block Grant Program. (F:68. 1)(X:84.2) PUBLIC HEARINGS 21. Tentative Parcel Map No. 32336 & Tentative Tract Map NO. 32337 - K. Hovnanian Forecast Homes. (17:160.2) Mayor Buckley opened the public hearing at 7:18 p.m. Page Five — City Council Minutes — August 10, 2004 Community Development Director Brady highlighted this project as one in a series of maps. He explained that it was a tentative parcel map for financial sale purposes. He noted an earlier discussion on the conditions of approval regarding the requirement for a Public Safety CFD, and the work hours on Saturday. He indicated that the applicant was in agreement with all of the conditions, and detailed the parcel map area and tract map area on the diagrams. He offered to answer any questions. Steven Ford, representing K. Hovnanian/Forecast Homes, 3536 Concours Street, Ontario, indicated that they were in support of the conditions of approval as presented. George Dale, 93 Lakeshore, Irvine, noted the two areas of concern, and advised that they were objecting to the hours of work and joining the CFD, but did not want to delay the processing. He suggested that the CFD was in violation of the Development Agreement, but indicated that they would accept the conditions. Councilman Magee noted the questions addressed at 4 p.m., but noted that the CFD for Public Safety was only $300 per house. He commented that with regard to Saturday construction, there had been a lengthy discussion, and noted that there was a well documented concern. He indicated that absent any comments from the residents saying they object or would like to see work on Saturday, he was unlikely to agree. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE TENTATIVE PARCEL MAP NO. 32336 AND TENTATIVE TRACT MAP NO. 32337 BASED ON EXHIBITS `I' AND `J', AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Schiffner noted that the Public Safety CFD would only include four or more units, so all but the very small projects would be included. Page Six — City Council Minutes — August 10, 2004 Mayor Buckley noted that he voted against the project in the past because the lots were too small, and because of complaints, however this time there were no citizen complaints. He indicated that he was prepared to support this item. Mayor Buckley closed the public hearing at 7:25 p.m. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. Findings for Tentative Parcel Man No. 32336 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4, and therefore, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The access and circulation plan approved within the La Laguna Estates Specific Plan Amendment No. 1 has been incorporated in the map. b. Setting aside open space areas that protect the natural topography and views as required by the La Laguna Estates Specific Plan Amendment No. 1 has been incorporated in the map. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. a. Setting aside open space areas that protect the natural topography and views as required by the La Laguna Estates Specific Plan Amendment No. 1 has been incorporated in the map. Page Seven — City Council Minutes — August 10, 2004 b. The overall density proposed in this area is consistent with the La Laguna Estates specific Plan Amendment No. 1. 3. 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. a. The project is consistent with the City's General Plan and the La Laguna Estates Specific Plan Amendment No. 1. During the approval of both documents, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. The Mitigation Measures adopted with Environmental Impact Report No. 92 -2 (EIR) for the La Laguna Estates Specific Plan and Amendment No. 1 ensure that this balance is maintained. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. Conditions of Approval include adherence to previously adopted mitigation measures for the Specific Plan. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Parcel Map No. 32336 is consistent with all design elements of the La Laguna Estates Specific Plan Amendment No. 1 previously reviewed and approved to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Parcel Map No. 32336. Page Eight — City Council Minutes — August 10, 2004 Findings for Tentative Tract May No. 32337 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4, and therefore, the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The map proposes single family residential lots that meet the Specific Plan lot size minimum. b. The map supports the circulation plan outlined in the Specific Plan. c. The map provides open space areas that protect the natural topography and views. d. The map brings the total number of dwelling units of the entire La Laguna Estates Specific Plan to 633 homes, 27 homes less than the maximum allowed under the Plan. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the Specific Plan and General Plan. a. The map is consistent with Section 3.1.21 — Land Use Guidelines and Standards, and Section 6.2.6.a. — Density Transfer Provisions, of Amendment No. 1 to the Specific Plan. 3. 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. a. Such concerns were considered in the adopted Environmental Impact Report No. 92 -2 (EIR) for the La Laguna Estates Specific Plan. The map Page Nine — City Council Minutes — August 10, 2004 has been conditioned to comply with any mitigation measures identified in the EIR that apply. b. The map has been conditioned to annex into Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. a. Conditions of Approval include adherence to previously adopted mitigation measures for the Specific Plan. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Such concerns were considered in the adopted Environmental Impact Report No. 92 -2 (EIR) for the La Laguna Estates Specific Plan. 6. The design of the proposed division of land or the type of improvements will not conflict with known easements, acquired by the pubic at large, for access through or use of property within the proposed division of land. a. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. Page Ten — City Council Minutes — August 10, 2004 b. All known easements or requests for access have been incorporated into the map. CONDITIONS OF APPROVAL TENTATIVE PARCEL MAP 32336 Planning Division 1. Tentative Parcel Map No. 32336 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 (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Parcel Map No. 32336 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 these Conditions of Approval. 3. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Parcel Map No. 32336, which action is brought 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. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of approval by the Page Eleven — City Council Minutes — August 10, 2004 City Council of the City of Lake Elsinore. 5. Construction on the property covered by this map is subject to all the Conditions of Approval of Amendment No. 1 to the La Laguna Estates Specific Plan, and subject to all the Conditions of Approval of the underlying Parcel Map Nos. 30787 and 31011. 6. Construction on the property covered by this map shall comply with the approved Conceptual Landscape Plan for the entire La Laguna site. Said Conceptual Landscape Plan provides the overall theme and details regarding the streetscape, fencing and walls, entry monumentation, signage and lighting, to which all development shall comply. Said Plan was prepared in accordance with the Design Guidelines contained in the Specific Plan. 7. In accordance with Amendment No. 1 to the La Laguna Estates Specific Plan, Parcels Nos. 5, 6, 7, and 8 shall remain undeveloped open space. All open space lots shall be owned and maintained by the homeowners' association or other entity acceptable to the City. 8. The Riverside County Fire Department shall have access to all parcels through the use of 20 -foot access easements or roads shown on the map. 9. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 10. Prior to Final Parcel Map, all lots shall comply with minimum standards contained in Title 16 of the Lake Elsinore Municipal Code. Enaineering Division 11. Each parcel shall have access to public right -of -way. Page Twelve — City Council Minutes — August 10, 2004 12. The applicant shall dedicate Lot `A' and Lot `B' for roadway right -of -way. The width of Lot `A' shall be 60 feet. The width of Lot `B' shall be 66 feet. 13. 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. 14. All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26) unless otherwise described in the Development Agreement with the property owner. 15. Applicant shall pay all appropriate fees prior to issuance of a Building Permit unless otherwise described in the Development Agreement with the property owner. 16. Arrangements for relocation of utility company facilities (power poles, vault, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 17. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info /GIS or developer shall pay $30 per sheet for City digitizing. 18. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 19. Developer shall provide soils, geology and seismic reports including street design recommendations. Developer shall provide final soils report showing compliance with recommendations. 20. The project shall convey onsite runoff to the public storm drain system. Any non - historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement. Page Thirteen — City Council Minutes — August 10, 2004 CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 32337 Planning Division 1. Tentative Tract Map No. 32337 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 (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 32337 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 Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 32337, which action is brought 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. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. Page Fourteen — City Council Minutes — August 10, 2004 Prior To Final Tract Map: 5. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated June 18, 2004 attached, and with the Open Space Access exhibit approved June 17, 2004. a. The applicant shall obtain Fire Department approval of all homes plotted on flag lots during the plotting stage of development. Additional exhibits may be required providing landscaping restrictions or other methods to ensure visibility of homes from the public street. 6. All lots shall comply with minimum standards contained in the Development Standards approved with Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4. Where these standards are silent Title 16 of the Lake Elsinore Municipal Code shall apply. a. Lot #207 shall be redesigned to comply with the minimum lot size requirement of 6,000 square feet. 7. All cul -de -sac streets shall comply with the maximum length of 1,000 feet, as allowed in the La Laguna Estates Specific Plan. 8. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 9. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 10. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page Fifteen — City Council Minutes — August 10, 2004 11. The applicant shall comply with the Mitigation Monitoring Program prepared and updated for Amendment No. 1 to the La Laguna Estates Specific Plan No. 92 -4. 12. The applicant shall provide evidence that the Covenants, Conditions and Restrictions (CC & R's) for the existing Homeowners' Association in La Laguna Estates has been updated to incorporate the boundaries of this map. The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. 13. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. 14. The Final Map shall identify that portion of Open Space Lot #313 along McVicker Canyon Park Road as Lot #318. Prior To Gradina And Buildine Permits: 15. Construction on the property covered by this map is subject to all the Conditions of Approval of the La Laguna Estates Specific Plan, Amendments, and underlying Parcel Map Nos. 31011 and 32336, unless superceded by these conditions. 16. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 17. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #16, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project Page Sixteen — City Council Minutes — August 10, 2004 construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #16. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 18. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 19. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 20. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 21. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with City Standards. 22. The applicant shall meet all requirements of the providing electric utility company. 23. The applicant shall meet all requirements of the providing gas utility company. Page Seventeen — City Council Minutes — August 10, 2004 24. The applicant shall meet all requirements of the providing telephone utility company. 25. A bond is required guaranteeing the removal of all trailers used during construction. 26. All signage shall be subject to Planning Division review and approval prior to installation. 27. Landscape Plans for the tract shall include vegetative screening of all retention basins. 28. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. Prior To Design Review: 29. All future structural development associated with this map requires separate Design Review approval. 30. Elevation drawings for Design Review shall include four -sided architectural features. 31. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. Page Eighteen — City Council Minutes — August 10, 2004 32. A detailed fencing plan shall be required for review and approval during the Design Review process. 33. A detailed phasing plan shall be required for review and approval during the Design Review process. These plans shall include the location of construction fencing for each phase. Engineering Division 34. All lettered lots dedicated for public roadway shall be consistent with the La Laguna Estates Specific Plan. 35. All roadways shall be constructed to be consistent with Specific Plan cross sections. 36. Provisions shall be designed and constructed to protect habitable structures from flooding in the event the water storage tanks rupture. 37. Drainage for open space lots shall be conveyed to public right -of -way. 38. The incremental increase in storm water runoff shall be detained. Detention basin sizes shall be calculated using Riverside County Flood Control methods. 39. The intersection of Gateway Drive and McVicker Canyon Park Road shall be designed to meet sight distance requirements. Maximum street grades on Gateway drive shall not exceed 9% unless otherwise approved by the City Engineer. 40. Street grades shall not exceed 9% unless otherwise authorized by the City Engineer. Page Nineteen — City Council Minutes — August 10, 2004 41. 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. 42. All Capital Improvement and Plan Check fees shall be paid (LEMC 16.34, Resolution 85 -26) unless otherwise described in the Development Agreement with the property owner. 43. Applicant shall pay all appropriate fees prior to issuance of a Building Permit unless otherwise described in the Development Agreement with the property owner. 44. A "Will Serve" letter shall be submitted to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Letter shall be submitted prior to Final Map Approval. 45. All public works improvements shall be constructed per approved street plans (LEMC 12.04 and 16.34). 46. 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. 47. All applicable fees shall be paid and the Developer shall comply with all requirements of the encroachment permit as issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 48. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 -1/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Page Twenty — City Council Minutes — August 10, 2004 49. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 50. 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. 51. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 52. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 53. 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. 54. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $30 per sheet for City digitizing. 55. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. 56. An Alquist - Priolo study shall be performed on the site to identify any earthquake faults and/or liquefaction zones present on the site, unless a registered geologist or geotechnical engineer provides written confirmation that these zones are not present. 57. Developer shall obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading Page Twenty -One — City Council Minutes — August 10, 2004 exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 58. Developer shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 59. All grading shall be done under the supervision of a Geotechnical Engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 feet in height shall be contoured. 60. Convey onsite runoff to the public storm drain system. Any non - historic storm flows shall be accepted by adjacent property owners with a notarized and recorded letter of drainage acceptance or conveyed to a drainage easement. 61. Roof and yard drains will not be allowed to be connected directly to street curb cores. Roof drains should drain to a landscaped area whenever feasible. 62. Ten (10) year storm runoff should be contained within the curb and the one hundred (100) year storm runoff should be contained within the street right - of -way. When either of these criteria is exceeded, drainage facilities should be installed. 63. Applicant will be required to install BW's using the best available technology to mitigate any urban pollutants from entering the watershed. 64. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including Page Twenty -Two — City Council Minutes — August 10, 2004 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. 65. 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 storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside county NPDES Drainage Area Management Plan. 66. Applicant shall provide for flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 67. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contact CR &R Inc., for the removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clearing and grubbing, or all other phases of construction. Community Services District 68. The applicant shall provide information on the District's "Project Inventory" list. 69. Applicant shall pay $494,400 in Park fees. 70. The HOA shall maintain all drainage facilities, culverts, retention areas, public parkways, slopes, entry monuments and open space. Page Twenty -Three — City Council Minutes — August 10, 2004 Administrative Services Department 71. Prior to issuance of the first building permit of each phase, the applicant shall annex that phase into Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Amended by the Planning Commission, July 20, 2004. 72. Prior to issuance of the first building permit of each phase, the applicant shall annex that phase into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 22. Tentative Parcel Map No. 32611 and Industrial Project No 2004 -03 "C & C Collier Street Development Partners Industrial Complex ". (F:86.2) Community Development Director Brady highlighted this project, and detailed the items for consideration, as well as the location. He indicated that the project included six parcels with seven industrial units. He noted that there were two zones on the property, with C -M on the front along Collier with retail uses, and M -1 in the back portion with more typical concrete industrial type buildings. He displayed the renderings for the building along Collier, and noted that part of the project would be the street improvements along the site, with Collier being widened. He commented that at the study session Councilman Magee had requested clarification of Condition No. 41, that it would be completed prior to the Certificate of Occupancy. He advised that the Planning Commission had reviewed the project and recommended approval. He noted that the applicant was present in case there were questions. . Page Twenty-Four — City Council Minutes — August 10, 2004 Mayor Buckley opened the public hearing at 7:27 p.m., asking those persons interested in this item to speak. There were no requests from the audience to speak. Councilman Magee addressed Condition No. 41, and explained that he would prefer that it include "prior to Certificate of Occupancy of any building ", so it was completely approved. Councilman Schiffner had no comments. Mayor Buckley closed the public hearing at 7:29 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE PARCEL MAP NO. 32611 AND INDUSTRIAL DESIGN REVIEW NO. 2004 -03, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS `A' THRU `K', AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Findings — Tentative Parcel Map 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The parcel map is in accord with the General Plan, the objectives of the Zoning Code, and the purposes of the district in which the site is located.. The parcel map as designed, assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses (GOAL 1.0, Land Use Element) by encouraging the development of industrial complexes that strengthen and diversify the City's economic base. Page Twenty -Five — City Council Minutes — August 10, 2004 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. The project will provide commercial manufacturing and limited manufacturing facilities of substantial size conveniently located relative the industrial area and regional circulation routes. The project will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. The proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the vicinity. Findings — 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. The proposed Industrial Design Review located at APN: 377 - 151- 070complies with the goals and objectives of the General Plan, in that the approval of this industrial complex will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diverse Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Page Twenty -Six — City Council Minutes — August 10, 2004 The proposed Industrial Design Review located at APN: 377 - 151 -070 is appropriate to the site and surrounding developments in that the proposed industrial complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN: 377 -151 -070, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment. Further, environmental clearance for the proposed tentative parcel map and industrial design review is provided by Negative Declaration No. 2001 -02, which was approved by the City in September 2001. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at 377 -151 -070 has been scheduled for consideration and approval by the Planning Commission. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO. 32611 AND INDUSTRIAL DESIGN REVIEW NO. 2004-03 Page Twenty -Seven — City Council Minutes — August 10, 2004 General 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as the Lake Commercenter located at Assessor Parcel Number 377 -151 -070, 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. Tentative Parcel Map No. 32611 2. The Tentative Parcel Map will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the LEMC. 3. The Tentative Parcel Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Parcel Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Page Twenty -Eight — City Council Minutes — August 10, 2004 Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. Prior to issuance of a grading permit, the applicant shall prepare and record CC &R's against the industrial complex requested herein. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. 6. Each building owner shall have full access to commonly owned areas (parking), facilities and utilities. Industrial Design Review No. 2004 -03 7. Design review approval for Industrial Project No. 2004 -03 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 8. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 9. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Page Twenty -Nine — City Council Minutes — August 10, 2004 Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 10. Structures shall be placed on -site as depicted on the site plan and/or as modified by the Community Development Director or designee. 11. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 12. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 13. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 14. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20') and Type `B' loading zones (12' x 40'). 15. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 16. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. Page Thirty — City Council Minutes — August 10, 2004 17. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 18. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 19. All cornice elements and back sides of parapets exposed to public view shall be architecturally enhanced, subject to the review and approval of the Community Development Director or Designee. 20. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 21. All building signage shall comply with the Sign Program submitted to the Planning Division. 22. All drive aisles and loading areas shall be kept and maintained free and clear of any materials /merchandise so as not to obstruct on -site circulation and deliveries. 23. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 24. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 25. The applicant shall add a eentinuous 4ffee (3'` fee landscape "finger" planter along the southwest property line of Parcel `A', between the identified landscape area and the trash enclosure to mirror the landscape planter between said property line and building 5 (Amended at Planning Commission on July 20, 2004). Page Thirty -One — City Council Minutes — August 10, 2004 26. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 27. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 28. No exterior roof ladders shall be permitted. 29. All service and loading doors shall be painted to match the building. 30. On -site surface drainage shall not cross sidewalks. Prior To Building /Grading Permits 31. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 32. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty - four -inch (24 ") box in size. Page Thirty -Two — City Council Minutes — August 10, 2004 c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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. Page Thirty -Three — City Council Minutes — August 10, 2004 k) Final landscape plans to include planting and irrigation details. 33. 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. 34. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 35. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 36.Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 37.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. EngineerinLF 38.Dedicate full half -width right -of -way on Collier Avenue of fifty (50) feet centerline to right -of -way. 39.Construct full half -width street improvement on Collier Avenue for forty (40) feet centerline to curb. 40.Dedicate full half -width right -of -way and construct full half -width street improvements for Crane Street. Right -of -way half -width equals sixty (60) feet. Page Thirty -Four —City Council Minutes — August 10, 2004 41.Dedicate full half -width right -of -way and construct full half -width street improvements for Third Street. Right -of -way half -width equals sixty (60) feet. 42.Building finish floor shall be one (1) foot above the 100 -year flood elevation, as defined by FEMA. 43.Provide approval from Riverside County Flood Control District (RCFCD) for connection of storm drain system to the P Street Channel. 44. Comply with any conditions of approval solicited by the project from Riverside County Flood Control District (RCFCD). 45.Construct a detention facility to detain the incremental increased storm runoff. 46. Storm drain inlet shall provide for stormwater treatment and be maintained by the property owner. 47.Drive entrance on Collier shall be designed to be right -in and right -out only. 48.Pay cash in -lieu of construction for half the median along the project frontage of Collier. 49.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. 50.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. Page Thirty -Five — City Council Minutes — August 10, 2004 51.All street improvements shall be installed and functioning prior to certificate of occupancy. 52.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 53.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. 54. 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). 55. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 56.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. 57.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. 58.The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. Page Thirty -Six — City Council Minutes — August 10, 2004 59.Applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to final map approval. 60.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. 61.Provide fire protection facilities as required in writing by the Riverside County Fire Department. 62.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 63.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 64.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 development. 65.All improvement plans and parcel maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 66.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 67. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading Page Thirty -Seven — City Council Minutes — August 10, 2004 exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 68.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69.An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 70.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 71.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 72.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 73.Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Page Thirty -Eight — City Council Minutes — August 10, 2004 74.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 ". 75.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. 76.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 77.Meet all requirements of LEMC 15.68 regarding flood plain management. 78. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 79.All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 80.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 81.10 -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 82.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. Page Thirty -Nine — City Council Minutes — August 10, 2004 83.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 84.Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 85.Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 86.Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 87.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. 88.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 89.The final map shall show the abandonment of dedications of public right - of -way or easements by appropriate certifications on the map. Page Forty — City Council Minutes — August 10, 2004 90.Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 91.All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction must be disposed of at appropriate recycling centers. The applicant should contract with CR &R, Inc., for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R, Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R, Inc., for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 92.In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. Riverside County Fire Department 93.The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. Community Services Department 94.Applicant shall pay park -in -lieu fees for all proposed commercial buildings. 95.Applicant to maintain all on -site landscaping. 96.Applicant to comply with all City Ordinances regarding construction debris Page Forty -One — City Council Minutes — August 10, 2004 and removal (Chapter 8.16 LEMC). 97.Applicant to comply with all NPDES regulations. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1126 - East Lake Specific Plan Amendment No. 6. (F:150.2) Jerry Harmatz, commented that the City was at a crossroads, and could either go forward or backwards. He stressed the need for orderly growth, so the area could prosper. He indicated that new business would spring up and the area would redevelop. He commented that Laing was committed to the City, and had bent over backwards to address the concerns. He stressed the potential for benefits from this project and expressed hopes that they would spill over to Main Street. He commented that Laing Homes would bring bodies, stimulate recreation and tourism, etc. He expressed his support for the project, based on the benefits fro the community. He suggested that the Council unite for approval of this item. Ed Stoder, representing R.C.T.C., noted that prior to this meeting they had provided a letter of their concerns, and noted the traffic impacts on Mission Trail, Corydon, etc. He indicated that the EIR did not fully address those impacts. He advised that they would like to work with the Council and staff to address the concerns and establish priorities. He requested notification on further public hearings on the project in the future. Carmella Loelkes, 25190 Hancock Ave., Murrieta, indicated that she was pleased that the back basin would finally be developed and the City would have a golf course. She congratulated the Council on approving the item at the last meeting. She noted that staff needed to be congratulated and thanked for the hours they had invested in the project. She noted that work had been underway on the project for almost 20 years and indicated that now that it was approved, she hoped that the Council would work together Page Forty -Two — City Council Minutes — August 10, 2004 to approve the second reading of the Ordinance No. 1126. She noted that she would say the same thing for Ordinance No. 1127. Wendy Kolk passed her time to Dave Stahovich. Dave Stahovich, representing Supervisor Buster, and on behalf of RCFCD, presented a letter to the City Clerk, noting their concern that they commented on the project on the hydrological issues and were never given a copy of the final EIR. He read a letter noting the CEQA notice of preparation, and indicating that there were numerous concerns on the hydrology study. He indicated that they had not received a response to the letter or a copy of the back basin study. He suggested that there were concerns for public health and safety. Peter Dawson, 18010 Grand Avenue, indicated that he was pro business, and pro development, however he did not support residential development in a floodplain. He noted that an El Nino winter was forecast and reminded the Council of the impacts of El Nino in 1993. He inquired if everyone was ready for the 100 year flood that might come this winter. He addressed Councilman Schiffner and indicated that there was no prayer of changing his mind. Councilman Magee inquired of staff regarding the letter from Mr. Williams, presented by Mr. Stahovich. City Manager Watenpaugh indicated that it was the first time he had seen the letter. Community Development Director Brady concurred that it was the first time he had seen the letter, but noted that he was happy to work with the County agencies. He commented that this was a late point in the process. Councilman Magee inquired how long it would take to respond. Community Development Director Brady indicated that it could be done in a few days. City Manager Watenpaugh noted the hex 5 runs and the suggestion of no homes in the floodplain and noted that the applicant had been working with the Army Corps to address those issues. He indicated that he was not sure why a response had not been Page Forty -Three — City Council Minutes — August 10, 2004 provided. Councilman Magee questioned if the item should be continued to the next meeting to allow for a response. Community Development Director Brady confirmed that he could respond, but indicated that he was not sure it would make a difference. Councilman Magee noted that the letter said there was no response. He indicated that he was uncomfortable going forward with this item in light of the letter presented. Councilman Hickman concurred. City Manager Watenpaugh questioned staff regarding the response. Engineering Manager Seumalo apologized for not responding, but he had contacted the developer. He commented that he was disappointed with the lack of professional courtesy, but noted that it was his policy to contact them and make sure they were kept in the process. Councilman Magee indicated that he would rather move forward. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 3 TO 1 WITH SCHIFFNER CASTING THE DISSENTING VOTE AND KELLEY ABSENT TO CONTINUE THIS ITEM TO ALLOW STAFF TO RESPOND TO THE LETTER AS PRESENTED. 32. Second Reading - Ordinance No. 1127 - Development Agreement Amendment - Laing Homes. (17:68.1)(X:150.2) Jerry Harmatz noted that his comments on the prior item would also apply to this item. Mr. Stoder indicated that he had no further comments. Carmella Loelkes, indicated that from her understanding, Item 31 covered the Specific Plan and Item 32 had to do with the Development Agreement, which had nothing to do with the physical aspects of the project. City Attorney Leibold commented that the development agreement vests or wraps the entitlements so if the entitlement was to be continued, then her Page Forty -Four — City Council Minutes — August 10, 2004 recommendation would be to similarly continue the ordinance approving the development agreement. Mayor Buckley thanked the City Attorney for mentioning that earlier. Dave Stahovich, representing Supervisor Buster, commented that based on the response to technical issues, there might not be a need to amend the agreement. Peter Dawson, indicated that if this item was moving forward he had comments, otherwise he would speak on it in two weeks. He noted a picture of the Lake in 1980, and pointed out the location of Lakepoint Park. He noted a 1993 picture showing the levee across the Lake. He questioned Mr. Filler on where the houses would be. Mr. O'Neal questioned Councilman Schiffner's vote on the previous item. Councilman Schiffner clarified that he voted no. Councilman Magee indicated that he thought it was appropriate to continue this concurrent with the previous action. He requested that in the future the County not come to the meeting with a piece of paper; and allow the staff a chance to respond. He indicated that with a continuance to a date certain, it should be no surprise about when it was coming. Councilman Schiffner noted the question on where the houses would be built, and suggested that they would be about 2 -1/2 feet above the levee. He indicated that he was disappointed with the County, in that the project had been going on for about 10 years and information was presented that staff was not prepared to answer. Councilman Hickman supported the County representatives and indicated that if there was a problem with the EIR, he was glad they did come forward. He advised that they would have the answer very shortly. Page Forty -Five — City Council Minutes — August 10, 2004 Councilman Schiffner stressed that they should have come forward a long time ago. MOVED BY MAGEE TO CONTINUE THE ITEM TO AUGUST 24Tx. THE MOTION DIED FOR LACK OF A SECOND. MOVED BY SCHIFFNER TO ADOPT THE ORDINANCE UPON SECOND READING BY TITLE ONLY. THE MOTION DIED FOR LACK OF A SECOND. MOVED BY BUCKLEY, SECONDED BY HICKMAN TO DENY THE ORDINANCE. THE FOREGOING MOTION RECEIVED THE FOLLOWING VOTE: AYES: COUNCILMEMBERS: HICKMAN, BUCKLEY NOES: COUNCILMEMBERS: MAGEE, SCHIFFNER ABSENT: COUNCILMEMBERS: KELLEY ABSTAIN: COUNCILMEMBERS: NONE City Attorney Leibold clarified that the motion to deny failed to carry or pass, and the motion to continue failed, so there was an inability to take action. She explained that this would mean that the item was automatically continued to the next meeting. City Attorney Leibold indicated that the motion to deny the Ordinance failed to pass, the motion to approve the Ordinance failed to gain a second. She indicated that there was the inability to take an action with a four member Council present, so by protocol the item is automatically continued. She indicated that Council could not take an action tonight. Page Forty -Six — City Council Minutes — August 10, 2004 Mayor Buckley commented that if there was a motion and a second to approve and it failed, then the Ordinance fails. He commented that the tie did not go to the runner on that. Councilman Schiffner commented that there was a motion and a second to continue. City Attorney Leibold commented that the ordinance was introduced and by law an ordinance requires an affirmative vote of a majority of the membership, in other words for an ordinance to pass it takes the affirmative vote of three Councilmembers, the ordinance has been introduced upon an approval of first reading by three Councilmembers based on equal dignity in order to reject the ordinance which is now standing as an introduced ordinance, it takes an affirmative vote of three members to reject the ordinance. Absent the ability to garner a three member vote to either approve or reject. The body is unable to take an action and an under rule of necessity it automatically continues to the next meeting, in an effort to gain an action one way or the other. Mayor Buckley indicated that the City Attorney referred to something called the rule of equal dignity or equality of dignity. He asked where that was in Roberts Rules of Order. City Attorney Leibold commented that if the Mayor wished to take a break so she could locate the section and verse. She noted that general public law dictates that an action has to have equal dignity to undo it, and we have a first reading, we have an ordinance that has been introduced and stands as an introduced ordinance and it requires an equal number of votes to undo. Mayor Buckley commented that it did not become an effective ordinance until after the second reading. City Attorney Leibold agreed. Mayor Buckley questioned why it needed an equal number. City Attorney Leibold commented that it stays as an introduced ordinance. An ordinance can only be approved upon second reading which the law requires it must Page Forty -Seven — City Council Minutes — August 10, 2004 happen at least five days after first reading, but there is no outside date, so it would remain as an introduced ordinance until it is either approved or rejected by a three member vote. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:11 P.M. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 2 TO 2 TO CONTINUE THE ITEM UNTIL THE NEXT MEETING, CONTINGENT ON THE FACT THAT THE CITY ATTORNEY CAN SOLVE THE LEGAL PROBLEMS. City Attorney Leibold commented that there needed to be a date certain. City Attorney Leibold commented that the motion would be to continue item No. 32 to August 24`h, with the understanding that in the event that the Council disagreed with, or the City Attorney had failed to submit a legal opinion as to the consequences of a 2 to 2 vote on second readings the item would be subject to continuance, but it will be placed on the agenda for August 24, 2004. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE ITEM NO. 32 TO AUGUST 24TH, WITH THE UNDERSTANDING THAT IN THE EVENT THAT THE COUNCIL DISAGREED WITH, OR THE CITY ATTORNEY HAD FAILED TO SUBMIT A LEGAL OPINION AS TO THE CONSEQUENCES OF A 2 TO 2 VOTE ON SECOND READINGS, THE ITEM WOULD BE SUBJECT TO CONTINUANCE, BUT IT WOULD BE PLACED ON THE AGENDA FOR AUGUST 24, 2004. 33. Trauma Intervention Program Funding - Fiscal Year 2004 -05 - $7,500. (F:30.1)(X:108.1) Page Forty -Eight — City Council Minutes — August 10, 2004 City Manager Watenpaugh noted the presentation at the last meeting regarding the services provided by the TIP program. He explained that it was a volunteer program with the exception of the manager, who had declined compensation. He indicated that staff had obtained more information and brought it back to request additional funding for the program. He clarified that the City already participates financially for about $3,700 a year. He offered to answer any questions. Mayor Buckley commented that it was a great program to serve people, when they most needed assistance. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE FUNDING FOR THE TRAUMA INTERVENTION PROGRAM IN THE AMOUNT OF $79500 FOR FISCAL YEAR 2004 -05. 34. Transitional Housing Project Grant Letter of Support. (F:87.3) City Manager Watenpaugh noted the presentation regarding this item at the last meeting and explained that the request was for a letter of support. He noted that the Council had requested additional information, which was provided. Dave Stahovich, representing Supervisor Buster, requested support of this item. He noted that there were some slight amendments, and apologized that here were not enough meetings prior to the requested support. He indicated that he was available to meet with the Council and Staff to answer questions, but noted that he met with the Mayor. He read the proposed draft letters. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO APPROVE DRAFT LETTER NO. 2. Page Forty -Nine — City Council Minutes — August 10, 2004 Councilman Magee thanked Mr. Stahovich for coming to support his office, and commended Ms. Welborn for the report provided. He indicated that this was the information needed last time, and commended her for the report and expressed appreciation for her efforts in sitting through a second City Council Meeting. . THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. 35. Community Development Department Contract Staff Personal & Professional Service Contracts. (F:68.1)(X:60.1) City Manager Watenpaugh noted that the Council requested that staff review the contracts for staff and make them consistent. Community Development Director Brady indicated that there was an effort to standardize the consultant contracts. He explained that the City was in a tremendous growth mode, and there was a need for supplemental staff to give more flexibility to adjust staffing. He noted that a number of contracts were utilized to the advantage of the City and the project applicants. He noted that the contracts were presented with the staff report, and offered to answer questions. He commented that there was an earlier question on the scope of services, with a request to eliminate attendance at conferences. Councilman Magee clarified that the intent was to eliminate the references to attendance at conferences, on the City's nickel. He indicated that in the last contract, there need to be a definition of the project area, as within the City limits of the City. He thanked staff for the standardized format. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONTRACT EMPLOYEE CONTRACTS AS PRESENTED, AND AUTHORIZE THE CITY MANAGER TO ENTER INTO THE CONTRACTS WITH THE CONTRACT STAFF TO PROVIDE Page Fifty — City Council Minutes — August 10, 2004 SPECIALIZED PLANNING AND ENGINEERING SERVICES ON AN ANNUAL BASIS. Ron LaPere, 16867 Wells Street, indicated that the action taken was appropriate, and noted that staff worked diligently to bring good recommendations. He noted that when there were questions and issues needed to be ironed out, staff worked to put together the most constructive items. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:26 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Chris Hyland, 15181 Wavecrest, thanked the Mayor for his positive foresight for the City, in his State of the City address. She commented that he provided hope and security for the community; and indicated that the citizens had taken a back seat but the Council was moving to support them. She commented that the elected officials' first responsibility was to the people who elected them; and criticized former Councilman Pape's statements on ongoing efforts. She reminded Mr. Pape that every project in his tenure only turned to sawdust and lawsuits. She reiterated her thanks to the Mayor for his foresight. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that he had the pleasure of talking with Planning Commissioner Uhlry, and while he was doing better it would be two more weeks before he could come out. Page Fifty -One — City Council Minutes — August 10, 2004 CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Advised that the Council met in Closed Session as listed on the agenda, with no reportable action. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS No Comments. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Commended Mayor Buckley on his State of the City speech. 2) Indicated that they were still doing homeowner tax rebates on Monday and Tuesdays at the Senior Center. He noted that the assistance was free, and available to those persons over 63 and earning less than $38,000 annual income. 3) Announced the Music with a View Concerts at McVicker Park, and encouraged attendance. Councilman Schiffner commented on the following: 1) Announced the upcoming Music with a View Concerts for Mayor Pro Tern Kelley, and detailed the performers. Page Fifty -Two — City Council Minutes — August 10, 2004 City Treasurer Weber commented on the following: 1) Indicated that he just heard about the impact of the parties buying the stadium, and noted that he would like to see information on the financial viability of the people. He noted that he had already told the City Manager he wanted this information and encouraged the Council to look at who was buying it. 2) Addressed the policy on travel and noted the form provided. He indicated that it was written very well and should relieve some of the controversies when people travel. He stressed that he wanted it formatted and everyone following the same rules and procedures. He indicated that it would help the City do better. He commended Administrative Services Director Pressey on his work. City Attorney Leibold addressed the Stadium Lease Agreement, which provides for a three year lease, and an option at the earliest in year two, if certain conditions are met. She noted that there was a requirement for a qualified investment in recreation/tourism, but at this point that was a point in the option that had not matured. She indicated that the lease does not commence, until due diligence has been completed; but the tenant had been requested to provide a variety of information, which was anticipated to be received any day. She indicated that the information would be reviewed by the Council in Closed Session. Councilman Magee commented on the following: 1) Noted that the new modular home complex behind Sav -on is open and the landscaping is in. He indicated that staff paid particular attention to these conditions of approval, and it is a beautiful facility and a high bar mark in town. He encouraged everyone to go by and see it. Page Fifty -Three — City Council Minutes — August 10, 2004 2) Noted that an individual had been before the Council representing the Trujillo Family Trust in support of Laing and business. He advised that he individual was kicking out business tenants who had been in operation for decades. He suggested that this was not a business he would want to support. 3) Indicated that the renovations at City Hall were entering their fourth month and staff had assured him it would be done ASAP, or by the end of the month. He encouraged the public to be patient with staff and the contractors. 4) Commended Mayor Buckley on a thoughtful, thorough and moving speech. He apologized to the residents who could not be there to view the speech, and noted that the event was not t aped. He indicated that in years past the residents got to hear canned speeches over and over again, but this was something truly unique and the rest of the community missed out. He expressed hopes that such a mistake would not be repeated. Mayor Buckley commented on the following: 1) Thanked everyone for attending the State of the City event. He indicated that it was a very nice event and while residents would not be able to view the delivery, he would make the corrections to the text for posting on the City's website. 2) Detailed a letter regarding West Nile Virus, and indicated that there were no cases in Lake Elsinore, but the Vector Control District would like calls on dead birds. He stressed that people should not touch them with their hands, but instead wrap them in a plastic bag. He also pointed out the need to be careful of standing water, and if a place was noted to contact the Vector Control District. He noted a letter from the Denley's on Mission Trail and indicated that the area Page Fifty -Four — City Council Minutes — August 10, 2004 noted was part of the County, which was not covered by Vector Control. He noted that the Vector Control services were free and staff would provide a link to their website. He provided the following phone number to contact the District (951) 340 -9792. He indicated that their representatives were in the City working, every day. City Manager Watenpaugh noted that a copy of the Denley's letter would be forwarded to Mr. Stahovich to look at in the County area. 3) Announced the following upcoming events. August 12 — EDC Lunch at the Stadium with Congressman Issa Public Safety Advisory Committee Meeting was cancelled due to the illness of Chairman Uhlry and their limited agenda August 11— Redevelopment Agency Committee Meeting at City Hall Music with a View Concerts August 12 — Prayer Vigil for David Gonzalez at City Park ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:44 P.M. _ AT EST: ' T A BUCKL YOR (�' CITY OF L ELSINORE VICKI KA AD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 24, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 7:01 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information /Communications Manager Dennis, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION None. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by E.V.M.W.D. Director Kristine Anderson. Page Two — City Council Minutes —August 24, 2004 INVOCATION - MOMENT OF SILENCE Mayor Buckley led the meeting in a moment of silent prayer, remembering Fernando Hannah and his family. Presentation - Leaj;ue of California Cities - Mayor Pro Tem Kelley (F:108.8) Mayor Pro Tern Kelley detailed the League of California Cities conference in Monterey, and noted the benefits of this Conference. She indicated that it was the best Conference there had been in Monterey and noted the surprise visit from Governor Schwarzenegger. She noted that these events were opportunities to network with other public officials and share ideas. She advised that the Annual League Conference was coming to Long Beach soon, and encouraged participation. She provided a PowerPoint presentation detailing the core beliefs of the League, the benefits of participation, the highlights of the Monterey Conference, the topics presented at the Conference and their relevance to Lake Elsinore, the purposes of Leadership and the Creed of a Public Servant. She stressed the new solutions and strategies presented and noted that the Conference included leaders from all over the State. She indicated that the keynote speaker was John Alston, author of "Stuff Happens and then you fix it ". She noted the difficulty in attending all of the programs of interest with only one City participant, and commented that it would have been great to cover more of the topics presented. She encouraged the Council to attend the League Conference in September. CLOSED SESSION REPORT No Closed Session items. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Philip Seis, 28963 Calle Del Lago, #A, provided a prayer for this meeting, seeking Page Three — City Council Minutes — August 24, 2004 wisdom and discernment for the Council and lifting up those fallen soldiers in Iraq and well as lead a prayer of blessings on the meeting. Prayed for opening up the city to blessings. Prayed for wisdom and discernment for the Council. Lift up those fallen in Iraq and those serving in Iraq. Barbara Cady, 32524 Wildomar Road, thanked everyone for their participation in the Music with a View series. She noted that there had been a great response; and Mark Dennis did wonderful things in the newspaper. She indicated that there were two more concerts, and noted that this week would be Jazz for a New Age, followed by Riverside Philharmonic the next week. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 31, 32, 37, 39. CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED WITH THE CORRECTION AS NOTED AT 4:00 P.M. The following Minutes were approved: a. City Council Study Session - June 24, 2004. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Minutes - July 20, 2004. (F:60.3) C. Planning Commission Minutes - August 3, 2004. 2. Ratified Warrant List for August 16, 2004. (F:12.3) Page Four — City Council Minutes —August 24, 2004 3. Accepted the Notice of Completion for the McVicker Canyon Park Landscape Project. (F:114.12) 4. Approved Contract for Traffic Striping and Markings. (F:156.1) PUBLIC HEARINGS None. BUSINESS ITEMS 38. Animal Shelter JPA. (F:18.4) Assistant City Manager Best highlighted the proposed Joint Powers Agreement with the Animal Friends, noting that it had been under discussion for quite some time. She indicated that at this time the commitment did not include a fiscal responsibility for participation, but it might at some time in the future with the construction of the facility. She noted that staff and the representatives of Animal Friends were present to answer questions. Mayor Pro Tem Kelley reiterated that she had asked Animal Friends to keep the Council posted on the cost of the Animal Shelter, noting that she was very concerned about that cost. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONCEPTUAL FORMATION OF A JOINT POWERS AUTHORITY FOR THE PURPOSE OF FUNDING THE CONSTRUCTION AND OPERATION OF A SOUTHWEST COUNTY ANIMAL SHELTER. 31. Second Reading; - Ordinance No. 1126 - East Lake Specific Plan Amendment No. 6. (F:150.2) Assistant City Manager Best noted that this item was a second reading Page Five — City Council Minutes — August 24, 2004 regarding the John Laing Homes project. She noted that the public hearing was held on July 27th and the second reading of the Ordinance was attempted at the last meeting, but a number of issues were raised and it was deferred. Carmella Loelkes, commented that she sounded like a broken record, but was in attendance to request approval of the second reading. She noted that there had been recent articles in the paper and discussions about the project, and expressed hopes that the concerns had been resolved and the Council would be able to act on it tonight. James Stroffe yielded his time to Mr. Filler. Michael Filler, John Laing Homes, 31900 Mission Trail, commented that pursuant to the last second reading, he had his consultants available to answer any questions. He indicated that he was surprised, after going through the CEQA documents and meeting with all the agencies, that the two letters were presented from County Transportation and County Flood Control. He noted that they had been working with the Flood Control District for a HEC 5 analysis. He indicated that he was looking forward to their letter to respond to their comments. He commented that last week one of his consultants tried to contact Supervisor Buster's office to discuss concerns, but never received e-mail or phone call back. He offered to answer questions. Wendy Kolk yielded her time to Dave Stahovich. Dave Stahovich, representing the County and Supervisor Buster, indicated that he had Faxed materials earlier this afternoon, but communications had been underway as late as about 3 p.m. today. He read the following letter into the record: Page Six — City Council Minutes — August 24, 2004 Dear Mr. Watenpaugh: In addition to representing the 1" District, I am here at the request of the entire Riverside County Board of Supervisors who took this matter under consideration this morning in their Closed Session meeting. The Board has asked me to convey that they are extremely concerned about this matter. I am attaching additional comments from George Johnson, County Transportation Director, and Dusty Williams, General Manager /Chief Engineer of the Flood Control District. As you will note, the Transportation issues have not been addressed. Additionally, in regards to the CEQA issues raised by the Flood Control District, as the result of a conference call that took place yesterday afternoon at 1: 00 p. m. between Councilman Magee, City staff and Mr. Williams, a copy of the EIR was sent via courier to Flood Control and Water Conservation District. Obviously, the District was unable to fully evaluate the document within the few hours allotted. For these reasons, the County respectfully request that the City continue this matter off calendar until such time as we can insure that these critical matters have been fully addressed. To move forward with this project prior to that time would leave the County few alternatives. In the unfortunate event that the City decides to move forward with this project despite the issues raised, in addition to the attached County Transportation Department and Flood Control District comments, the County hereby advises the City of each of the following: The City failed to adequately respond to the County's and/or the District's comments as required by CEQA guidelines Section 15088. 2. The County 's and /or the District's comments contain significant Page Seven — City Council Minutes —August 24, 2004 new information because they establish that traffic and/or drainage impacts would not be mitigated to a level of insignificance. Accordingly, the City should have revised the Draft EIR as a result of the County's and/or the District's comments and recirculated it as required by CEQA Guidelines Section 15088.5. 3. The City violated Public Resources Code Section 21092.5 by failing to provide the County and/or District with a written response to its comments at least 10 days before the certifying of the EIR. 4. The City Failed to adequately assess traffic and drainage impacts and has failed to mitigate those impacts to a level of insignificance as required by CEQA Guidelines Section 15092. 5. The City erroneously relies on mitigation measures conditioned upon Tentative Tract Map #31920 (approved July 27, 2004). Neither the impacts nor mitigation measures associated with TTM 931920 were addressed in the EIR. 6 The City improperly deferred traffic and drainage mitigation measures in violation of GENTRY V. CITY OFMURRIETA and SUNDSTROMV. COUNTY OF MENDOCINO The City failed to adopt feasible traffic and drainage mitigation measures as required by CEQA guidelines Sections 150932. 8. Because traffic and drainage impacts are not mitigated to a level of insignificance, the City must adopt a Statement of Overriding Considerations for these impacts as required by CEQA Guidelines Section 15093. 9. The City 's proposed Mitigation Monitoring Program required Page Eight — City Council Minutes — August 24, 2004 by CEQA Guidelines Section 15097 is inadequate. 10. The EIR did not consider a range of reasonable alternatives as required by CEQA Guidelines Section 15126.6. 11. The City failed to consider the cumulative and growth inducing impacts of the project as required by CEQA Guidelines Sections 15130 and 151262. Sincerely, DAVID P. STAHOVICH SENIOR LEGISLATIVE ASSISTANT TO SUPERVISOR BOB BUSTER He also noted the memo from Dusty Williams, at Riverside County Flood Control, dated today, and indicated that it would take about two weeks to fully address the adequacy of the responses. He further noted the memo from the Transportation Director addressing a letter from the City dated August 19th, stating that the issues were worked out. He commented that the letter was forwarded to both agencies and indicated that the comments were unrelated to the project. Mayor Buckley addressed the eleven issues in the letter and requested input from staff. Assistant City Manager Best called Community Development Director Brady, Engineering Manager Seumalo and Associate Planner Morita for response, noting that City staff had been working on the project for a number of years. She advised that staff had been addressing a number of letters over the last couple of weeks since the last City Council meeting, but noted that this particular document was received only about an hour ago. Community Development Director Brady confirmed that he just received this letter a little after 5:00 p.m. today. He indicated that there were some inconsistencies and errors in what was presented, some of which he could respond to at this time. Assistant City Manager Best questioned the status Page Nine — City Council Minutes — August 24, 2004 of the discussions prior to this letter. Community Development Director Brady indicated that the County did present issues to the City regarding the project at the last meeting, and since that time staff prepared a response; copies of which were provided to the Council. He noted that he believed that all of the issues raised at that time had been adequately addressed. He commented that while he would be happy to respond to those questions, the Council had received copies of the memo. Mayor Buckley questioned responses to items 1 through 11 as presented in the letter this evening. Community Development Director Brady indicated that he could not answer all of the items at this time, but could after he had time to adequately review them. He suggested that the City Attorney might be prepared to comment on them. He commented that generally he did not agree with the comments as presented. City Attorney Leibold indicated that some of the comments in the letter were conclusionary statements that City staff had failed to respond. She disagreed with this stance and noted the technical studies, responses, Mitigation Monitoring Program were certified and approved on July 27th. She indicated that the comments were presented "post certification ", and she would disagree with concern no. 1. Councilman Hickman commented that the County was asking for two more weeks, and suggested that this would give staff time to review the concerns. Councilman Magee clarified that the request was to continue the item indefinitely, or off-calendar. Councilman Schiffner indicated that he would like to have as much explanation as possible this evening. Mayor Buckley requested succinct responses to the items presented. City Attorney Leibold inquired if there was a copy of the final Mitigation Monitoring Program in house. Assistant City Manager Best provided a copy. City Attorney Leibold indicated that she believed the EIR concluded that the traffic impacts and drainage impacts were mitigated to a level of insignificance. She indicated that information attached to the Page Ten — City Council Minutes —August 24, 2004 letter suggested levels of service at intersections, absent the mitigation measures proposed, however with the mitigation measures and installation of improvements, there were no significant impacts that could not be mitigated, so item no. 2 was incorrect. City Attorney Leibold addressed item no. 3, and indicated that she did not believe there was a violation of the Public Resources Code, as all responsible agencies were included in the process and they all received a notice of preparation, a notice of availability, a draft EIR, etc. She indicated that staff had the printout of the UPS delivery for each recipient. She suggested that there might have been a mishap at their end, but the City had no procedural defect. Community Development Director Brady noted the document showing the date and time the draft EIR was delivered to each Agency. City Attorney Leibold indicated that the EIR the Council certified disagrees with item no. 4. City Attorney Leibold indicated that she believed that the Mitigation Monitoring Program includes mitigation measures compatible with the tract map and related to the tract map in response to item no. 5. Community Development Director Brady noted that the traffic study was part of the EIR. City Attorney Leibold advised that she did not believe that the City improperly deferred mitigation measures, in response to item no. 6. City Attorney Leibold commented that the City had adopted feasible and appropriate measures; and did not believe the City had failed in that regard, as suggested in item no. 7. City Attorney Leibold commented that the Statement of Overriding Considerations was adopted, although she did not recall if the drainage and traffic were included. Mayor Buckley mentioned that it did mention Page Eleven — City Council Minutes —August 24, 2004 traffic. City Attorney Leibold indicated that if they were not mitigated, they were included in the Statement of Overriding Considerations, as questioned in item no. 8. City Attorney Leibold responded to item no. 9, noting that the Mitigation Monitoring Program was included with the EIR and she felt it complied with CEQA and was adequate. City Attorney Leibold addressed item no. 10, and indicated that the EIR did consider a range of alternatives, so it was the City position to disagree with item no. 10. City Attorney Leibold responded to item no. 11, indicated that it did address the impacts under the CEQA guidelines. City Attorney Leibold stressed that she had limited opportunity to review the items as presented, so there might be additional comments from the experts who conducted the studies. Community Development Director Brady addressed item nos. 10 and 11, and noted that the document related to this item was a supplemental EIR, and under CEQA some items are not required or applicable. City Attorney Leibold concurred. Councilman Magee questioned the level of communication late this afternoon, and inquired if there were documents after 2:30 this afternoon. Engineering Manager Seumalo indicated that he was in communication with the Transportation Director regarding the Specific Plan conditions, and they were Faxed to show the requirements, with the last documents being sent about 2:30 or 3:00 p.m. Councilman Magee indicated that he had confirmed that the information was in their hands this afternoon, and reiterated that the letter was received at 6:35 p.m. and it said they had not seen any conditions of approval. He suggested that based on the information presented the letter was moot at this point. Page Ttivelve — City Council Minutes — August 24, 2004 Mayor Buckley requested input from Mr. Stahovich. Mr. Stahovich indicated that there had been contact on August 10`h and August 17th, and had not heard from the City. He further indicated that they got a letter dated August 19th, from the City Manager, saying that there were no concerns. He indicated that letter was sent about 5:30 p.m. on Thursday, and no one was in on Friday, so he talked to staff on Monday. He noted that he talked to Councilman Magee on Monday, and clarified that there were two separate issues, being engineering issues and CEQA issues. He stressed that the CEQA issues were still outstanding, and as of yesterday copies of the draft EIR and final EIR were couriered over. He commented that Flood Control was separate from the County, and they had not received the materials. He advised that the Board's action was this morning about 11 or 11:30 a.m.; and the letter from Transportation, although the issue of conditions of approval was moot, the rest of the letter stood. He indicated that there was a specific concern that the EIR called for off -site mitigation, but the off -site mitigation was through TUMF and City generated fees, and the TUMF does not mitigate project level impacts. He commented that some of the issues have been addressed, but a lot of the issues are intertwining. He stressed that he had tried to have open communications since August 10th. He noted that the City Manager was on vacation this week, so it was not possible to meet this week either. City Attorney Leibold reiterated that there was verification that the notice of preparation and the EIR were delivered to the Flood Control District, as well as the County. She noted that the final report had a letter from Transportation, and the responses were incorporated into the EIR. Councilman Hickman questioned what Mr. Stahovich wanted the Council to do. Mr. Stahovich indicated that Flood Control wanted two weeks, but the County would like the matter off calendar. He indicated that he was not sure how long it would take to resolve the issues. He advised that he was available to meet with staff and get the discussions done as quickly as possible and two weeks should be sufficient. Page Thirteen — City Council Minutes — August 24, 2004 Councilman Magee noted that he was concerned that the applicant said they reached out to the Supervisor's office and received no communication in response. Mr. Stahovich indicated that Steve Sheldon called and said he was representing Laing Homes; and suggested giving him a call if there were any questions. Councilman Magee inquired if there were any other contacts. Mr. Stahovich indicated that he was not aware of any other contacts. Mayor Pro Tem Kelley indicated that since she had missed the last meeting, she had been reading the letters back and forth and keeping current with staff. She noted that she understood that the County was satisfied at one point. Assistant City Manager Best indicated that when staff spoke with Flood Control yesterday, they appeared to be satisfied. She indicated that staff had couriered a copy of the EIR over to Flood Control as well. Community Development Director Brady clarified that staff did have contact with the County staff on August 12th, only two days after the last meeting. Mayor Pro Tem Kelley inquired who staff was in contact with. Community Development Director Brady indicated that it was with John Perez, regarding the meeting and a discussion on Bundy Canyon Road. Mayor Pro Tem Kelley questioned the outcome of that contact. Community Development Director Brady indicated that they set up a meeting for September 8th. Mayor Pro Tem Kelley questioned Mr. Filler regarding his contact with the County. Mr. Filler indicated that it started in middle of June or July, 2003, with the notice of preparation. He further indicated that they received a letter from Flood Control and were assisting staff with responses, as needed, on the letters from the last meeting. He noted that they also met during the MSHCP and received a letter of compliance from the County. He advised that they had also submitted HEC -5 analysis and were working with staff to review the document and get a response, which was recently received. Mayor Buckley questioned the notice of preparation delivery verification. Community Development Director Brady confirmed that it went out by certified mail. Mayor Buckley inquired if the same was true for the EIR. Page Fourteen — City Council Minutes —August 24, 2004 Community Development Director Brady indicated that it was sent by UPS. Councilman Schiffner commented that a project such as this would be different from the one proposed several years ago. He noted that the project previously went beyond this point in the approval process, so the County was a little late on this objection. He commented that this was a difference of opinion, but questioned if the concerns today were actually issues to be mitigated at this time. He inquired if there would be another chance to address them in the approval process. He noted that there were still final tract maps to be approved. Community Development Director Brady indicated that with regard to the flood control issues, they would be handled prior to the final map. He further indicated that the transportation would be addressed as the project was being developed, with the traffic signals installed based on the number of units completed. He commented that a variety of items would be addressed, as the project moved through the process. Councilman Schiffner inquired if there were any issues for which this would be the last chance to review. Community Development Director Brady indicated that there would still be opportunities for discussion and staff would be working with the applicant and the other agencies to get the approvals as well. Councilman Schiffner indicated that it was very possible that the objection at this meeting was a question of bad timing. Community Development Director Brady indicated that some of the questions will and have been addressed in the EIR and the conditions of approval. He noted a comment in the letter from Mr. Johnson regarding intersections, and indicated that the statement was correct, but the tables do not include the improvements for the project. He noted that the General Plan showed the levels as acceptable. Councilman Hickman inquired if the project were approved by the City, whether the County could stop it. City Attorney Leibold indicated that the County or any party could file a CEQA challenge as threatened in the letter. Councilman Hickman questioned the request for a two week continuance. City Attorney Leibold indicated that the difficulty was that the EIR had been certified and the letters presented post date the comment period and Page Fifteen — City Council Minutes — August 24, 2004 certification. She advised that it was the Council's discretion if they wanted to continue the matter. She indicated that she was not sure that the response was adequate for the CEQA issues. Councilman Hickman questioned the lawsuit. Councilman Magee indicated that this was a serious question, and the letter indicated that if the City moved forward before the issues were addressed, it would leave the County a few alternatives. He questioned the alternatives mentioned, noting that the matter could either be continued or move forward. Mr. Stahovich indicated that he could not disclose the discussion in Closed Session, but noted the possible topics. Councilman Magee noted that either way there was the potential that they would move forward on a CEQA challenge. Mr. Stahovich indicated that they were willing to work with the City, but the problem was that when the comments were sent, they were never received. He noted that had been the problem all along, and stressed that there were a number of one -way correspondences. He indicated that they tried to get through the EIR today and they noted that some comments were included, but they were requesting a couple of weeks to determine if there were responses and if they were adequate. He noted that he heard and saw in memos that some of the issues might be able to be worked out. He indicated that the clock was running and there was not a lot of opportunity to be sure the matters were adequately addressed. He commented that the transportation issues and a lot of the mitigation measures had been deferred. He noted that he did not know what was in the developer agreement, but the bottom line was that if the roads and drainage were worked out he did not want the County or the City left holding the bag for improvements. Councilman Magee inquired if the project moved forward, whether the County would continue to process the information separate from the potential litigation. Mr. Stahovich indicated that he was not sure how the Board would proceed. Councilman Magee questioned past practice. Mr. Stahovich indicated that their past practice was to avoid litigation at all costs. Councilman Magee indicated that he trusted that staff would process the project appropriately, but it was unfortunate that the information was received at 6:35 p.m. He noted that he Page Sixteen — City Council Minutes — August 24, 2004 was hearing from Legal Counsel and City staff that the project was o.k.., and from Mr. Stahovich that he thought we could get there, and they wanted to avoid litigation at all costs. He expressed hopes that either way, the County would take a serious look at the project. Assistant City Manager Best questioned Mr. Stahovich, in that this was an amendment to the existing specific plan; would they approve of the existing specific plan with the higher intensity use as it was presently on the books. Mr. Stahovich indicated that a lot had been learned in the past ten years, but the Statute of Limitations had run out on the original approval. He noted that every environmental process reopened the gate again. He expressed concern that everyone would continue to learn and apply the appropriate standards. Councilman Hickman inquired if Mr. Stahovich was specifically asking for only two more weeks. Mr. Stahovich confirmed. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO CONTINUE THIS ITEM FOR TWO WEEKS. Councilman Magee inquired if this motion was successful, how would the same exercise be prevented at the next meeting. Councilman Hickman indicated that he did not appreciate communications coming in at 6 p.m. Councilman Magee noted that the same thing happened at the last meeting. Councilman Schiffner indicated that approval would not stop the County's efforts or the process. He reiterated that the things being questioned would come up for approval at a later date, so there was no reason to put it off. He stressed that the project had been going on for over ten years, and now the County believed the plan that was greatly reduced, was not as good as the old one. He indicated that he was in favor of moving ahead and letting the process continue. He stressed that they would not build anything that was not in compliance. Councilman Hickman indicated that he saw two distinct groups, and conciliatory action was required. He suggested giving the County two Page Seventeen — City Council Minutes —August 24, 2004 more weeks and that would be it; but stressed that the City would need the County some time down the road. Mayor Pro Tem Kelley indicated that after reading the letter that was just delivered, she would note that this was years into this project, the first reading had already been done and the County decided to jump in at the eleventh hour. She commented that there had been a lot of discussion and what she was hearing was not what she had been told this week by staff. She indicated that she trusts City staff, as they have not failed her this far regarding conversations with the County. She asked City Attorney Leibold at the 11 items mentioned by Mr. Stahovich. City Attorney Leibold indicated that there was a real live, present threat of litigation regarding an item scheduled for discussion, so the Council could go to Closed Session for further clarification. Mayor Pro Tem Kelley requested a Closed Session discussion. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 8:07 P.M. THE REGULAR CITY COUNCIL MEETING RECONVENED AT 8:29 P.M. City Attorney Leibold reported that the Council met in Closed Session regarding threatened litigation, with no reportable action. Mayor Pro Tem Kelley thanked the City Attorney for clarifying the relevant issues, and after that review she found that the County could file a lawsuit if they chose to, as they still had the prerogative under CEQA. She expressed concern with the County stepping in at the 11`h hour and asking that the item be pulled. Mayor Buckley called for the question to continue this item to the next meeting. THE FOREGOING MOTION FAILED BY A VOTE TO 2 TO 3 WITH Page Eighteen — City Council Minutes —August 24, 2004 COUNCILMEMBER KELLEY, MAGEE AND SCHIFFNER CASTING THE DISSENTING VOTES. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1126, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE EAST LEAK SPECIFIC PLAN AMENDMENT NO. 6. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading; - Ordinance No. 1127 - Development Agreement Amendment -Laing Homes. (F:150.2) Assistant City Manager Best explained that this item goes with the previously approved specific plan. She indicated that if there were comments or concerns, staff could answer questions. Cannella Loelkes expressed support. Edith Stafford, 29700 Hursh, indicated that she was disappointed in this Council over a project like this. She stressed the existence of a Priolo zone Page Nineteen — City Council Minutes —August 24, 2004 and earthquake faults and suggested that no one seemed to care. She indicated that there was the potential for 100 and 500 year floods, and the Council only seemed to care about the money. She suggested that was what this project was all about, was money. She indicated that she had some questions. She commented that she wondered if all of the signatures were included for the permits, suggesting that FEMA, Fish & Wildlife and Fish & Game should all have input into the project because they were part of the original 404 permit. She suggested that if they were left out, the City could probably look there for lawsuits as well. She questioned why the City was creating lawsuits, since the taxpayers would have to foot the bill. She indicated that someone had to do something about it and it appeared the citizens would have to do so. She stressed that representatives were elected to look out for the taxpayers money; and indicated that she did not agree that this project was in the best interest of the public. She questioned the rush to approve it and suggested that it made the project suspicious. She inquired why it could not wait two more weeks. She noted that the County sent letters over a year ago and got no response, and the County only received their EIR this morning. She questioned the sense of fair play, and noted that she did not like unfair play and would fight against it. She indicated that she would treat this item the same as anything that was not right, and suggested that there was an ulterior reason for this action. She suggested that the taxpayers would be spending money for lawsuits and the lawyers would be the ones to benefit, including the City Attorney. Mayor Buckley indicated that there was the same County argument from the last discussion. He noted that there was a memo on this item from the City Attorney today. He commented that he was sure it was all well and good, but everyone should be held to the same standard; and the Council should not be provided the information at the last minute. He indicated that this was a bad deal for the City. Councilman Hickman indicated that it was bad for the RDA and the citizens because it was not returning the incentive. Councilman Schiffner commented that if this project did not go forward there would be no RDA money or DAG money. Page Twenty — City Council Minutes —August 24, 2004 MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1127, UPON SECOND READING BY TITLE ONLY: Councilman Mage thanked Mr. Stahovich for coming to the meeting and for his efforts in the intervening week. He expressed hopes that Mr. Stahovich would take back the desire of the Council to work together, protect public safety and give the Valley something it can be proud of. ORDINANCE NO. 1127 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING ORDINANCE NO. 956 AND APPROVING AN AMENDMENT IN PART AND TERMINATION IN PART OF THE DEVELOPMENT AGREEMENT BETWEEN THE CITY AND EASTLAKE COMMUNITY BUILDERS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS; KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS: HICKMAN, BUCKLEY ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Fire Station Naming Committee. (F: 127.3)(X:59.1) Mayor Buckley noted that this was for the new fire station; and as was done at McVicker, this was to appoint a fire station naming committee. Page Twenty -One — City Council Minutes — August 24, 2004 Mayor Pro Tern Kelley appointed John Gonzales, noting that she would have to verify his availability. Councilman Schiffner appointed Ray Knight. Councilman Hickman indicated that he would have to come up with a name later. Councilman Magee appointed Tom Hunt, President of the Volunteer Fire Department. Mayor Buckley appointed another Volunteer Fire representative Larry Unsworth. City Treasurer Weber indicated that he had not chosen a name yet. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COMMITTEE AND THE APPOINTMENTS AS RECOMMENDED. 34. Allocation to Lake Elsinore Marine Search and Rescue (LEMSAR) for FY 2004 -2005. (F:30.1)(X:108.1)(X:92.1) Lake & Aquatic Resources Kilroy noted that the LEMSAR was a non - profit organization that supported the City and the Sheriff Lake Patrol. He indicated that they were primarily made up of shoreline property owners in support of Lake safety. He explained that the Sheriff oversees their activities and provides workers compensation insurance. He noted that their personal expenses could be quite high, particularly with the cost of fuel and equipment. He recommended approval of the allocation in support of their efforts, and noted that Gil Lerma was in the audience to respond to any questions about LEMSAR- Mayor Pro Tern Kelley commented that LEMSAR did a wonderful job and Page Twenty -Two — City Council Minutes — August 24, 2004 indicated that it was a pleasure to support this allocation. Councilman Hickman inquired if these funds were allocated in the budget. Administrative Services Director Pressey indicated that this would be in addition to the budget. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE FUNDING FOR LEMSAR IN THE AMOUNT OF $59000. Mayor Buckley thanked LEMSAR for their efforts. 35. League of California Cities Annual Conference - City Representatives. (F:108.8) Mayor Buckley noted that this Conference would be held in September with Councilmembers Schiffner and Hickman planning on attending, as well as possibly himself. MOVED BY BUCKLEY, SECONDED BY KELLEY TO DESIGNATE COUNCILMAN HICKMAN AS THE CITY'S DELEGATE AND FLAG Assistant City Manager Best noted that whoever was chosen as the delegate, needed to vote on League Policy issues. THE FOREGOING MOTION CARRIED BY VOTE OF 4 TO 1 WITH HICKMAN CASTING THE DISSENTING VOTE. 36, Maintenance Vendor Agreements. (F:68.1)(X:128.3) Assistant City Manager Best explained that this item was an effort by staff to bring all agreements into standard language, as requested by the City Council. She advised that staff met with the City Attorney to input; and the proposal outlined the method to apply for on -call maintenance services. Page Twenty -Three — City Council Minutes — August 24, 2004 She detailed the types of services and noted the document presented for review. Mayor Buckley indicated that he thought it was a nice first step, but suggested considering maximum percentages per business and maybe a three year update. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO APPROVE THE MAINTENANCE SERVICE AGREEMENT AND APPROVE THE QUALIFICATION PROCESS FOR MAINTENANCE SERVICE CONTRACTORS AS DESCRIBED IN THE STAFF REPORT. Councilman Hickman commented that he liked that this would emphasize Lake Elsinore businesses. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 37. Design Review No. R 2004 -04 for the "Ramsgate Apartment Homes" by Fairfield Development, L.P. (F:138.2) Community Development Director Brady explained that this item was for 352 apartment homes, located one mile north of I -15 on the south side of Highway 74. He detailed the site plan which would include 14 buildings, a pool and recreation facility. He detailed the access points, noting that the project was just over 17 acres in size, with a density of just over 20 units per acre. He noted that it would be well under the allowed density. Mayor Buckley questioned the detail on the location. Community Development Director Brady outlined the location. Mayor Buckley further questioned an area adjacent to the project. Mr. Brady indicated that the area in question would be single family homes, in the County area. Councilman Magee indicated that his only concern was that there were currently several businesses in the County area, and once this project was Page Twenty -Four— City Council Minutes — August 24, 2004 elevated above Highway 74, the new residents might be impacted by the dust and light from the existing businesses. He suggested a condition be included in the rental agreement to acknowledge the existence of businesses and had the right to do so. David Wright, applicant, introduced Ed McCoy representing Fairfield Development. Mr. McCoy indicated such a condition would be fine with them, as they had done it elsewhere near agriculture or airports. Councilman Magee inquired if he could run the proposed language by staff. Mr. McCoy confirmed. Councilman Hickman indicated that he was glad to see that they were using recycled water, but they were also using drip irrigation. He expressed concern with recycled water getting into the Lake. He also questioned the affordable housing. City Attorney Leibold indicated that under the MOU, they would be paying for affordable housing on lots 256, 258 and 259. She clarified that they were to be included within the project, but there was an opportunity for them to make a payment of $2,500 per unit, not to exceed $392,000. Councilman Hickman questioned if they would have wood fences or view fences. Mr. Wright indicated that the majority of the project had slopes around it, and those would be retaining walls with railing on top; and otherwise there would be no fencing. Councilman Hickman suggested round galvanized tubing. He questioned if this company was associated with Fairfield Inns. Mr. McCoy indicated that they were not associated. Mayor Buckley questioned the affordable housing. Mr. McCoy indicated that they were paying the in -lieu fee for 157 units for the entire specific plan. Councilman Hickman inquired if the drains in the street would be covered to protect them. Community Development Director Brady indicated that there would be filters required to address the run -off. MOVED BY HICKMAN, SECONDED BY SCHIFFNER THAT THE CITY Page Twenty -Five — City Council Minutes — August 24, 2004 COUNCIL AFFIRM THE DECISION OF THE PLANNING COMMISSION APPROVING DESIGN REVIEW NO. R 2004 -04, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS `B' THROUGH `G', AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings 1. The project, as conditioned and approved, will comply with the goals and objectives of the General Plan and the Ramsgate Specific Plan Third Revision in which the project is located. The Planning Commission has reviewed the project with these documents and finds that with conditions of approval these objectives have been met. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code, and with standards and guidelines contained in the Ramsgate Specific Plan Third Revision and its Design Guidelines. The Planning Commission has reviewed the project with adjacent neighborhoods and finds that it complements their quality of construction, provides a pleasing use of color and materials, demonstrates a respect for privacy and views, and offers visually attractive landscaping and monument treatments. 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 ensure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. The Planning Commission has approved conditions regarding architectural design and landscaping. CONDITIONS OF APPROVAL PLANNING DIVISION (Note: Fees listed in the Conditions of Approval are the best estimates available at the time of approval. The exact fee amounts will be reviewed at the time of building permit issuance and may be revised.) 1. Design Review approval for Residential Project No. R 2004 -04 will lapse and be void unless a building permit is issued within one (1) year of the approval date. The Community Development Director may grant an extension of time for up to one (1) year prior to the expiration of the initial Design Review. An application for a time extension and required fee shall be submitted a minimum of one (1) month prior to the expiration date. Page Twenty -Six — City Council Minutes — August 24, 2004 2. All site improvements shall be constructed as indicated on the approved site plan with any revisions as noted herein. Any other revisions to the approved site plan shall be subject to approval of the Community Development Director or his designee. 3. The project shall not be constructed in phases unless a phasing plan is first reviewed and approved by the Community Development Director and the Engineering Manager. 4. All site improvements shall be constructed as indicated on the approved building elevations on file with the City for Design Review R 2004 -04. Materials and colors depicted on the approved materials boards approved for R 2004 -04 shall be used unless modified by the applicant and approved by the Community Development Director or designee. a. Building heights are limited to three- stories and a maximum 42 feet. 5. Applicant shall comply with all applicable Ramsgate Specific Plan Third Revision and Design Guidelines requirements and standards, or where they are silent, City Codes and Ordinances. 6. Applicant shall comply with all applicable Mitigation Monitoring Program measures imposed upon Tentative Tract Map No. 25479, as printed in Appendix "F" of Addendum No. 2 to the Final Supplemental Environmental Impact Report for the Ramsgate Specific Plan. 7. The applicant shall comply with the mitigation measures of the Noise Control Analysis prepared by RBF Consulting, dated April 14, 2004. 8. Applicant shall comply with all conditions of approval of the underlying Tentative Tract Map No. 25479 Revision No. 2. a. A traffic signal shall be installed and be operational at the intersection of Street "A" and State Highway 74, prior to Certificate of Occupancy of the 176h apartment unit. 9. 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, including payment of applicable water and sewer connection fees. a. The applicant shall utilize recycled water for landscaping purposes, if available to the site. Page Twenty -Seven — City Council Minutes — August 24, 2004 10. The applicant shall comply with Conditions of Approval received from the Riverside County Fire Department dated July 27, 2004. 11. The applicant shall participate in the Police Department's Crime Prevention Through Environmental Design Program, with regards to proper lighting, natural surveillance, and graffiti reduction. 12. The applicant shall provide a detailed Exterior Lighting Plan for review and approval by the Community Development Director or his designee prior to issuance of building permits. Such Plan shall indicate locations, fixture types with visual display, consistent with conceptual designs as noted in landscape plans on file with the Planning Department, and in compliance with City Codes. 13. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. The location of trailers is subject to review and approval by the Community Development Director or his designee. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 14. The applicant shall meet affordable housing requirements imposed upon the project by the Ramsgate Specific Plan, in accordance with the terms and conditions of the Development Agreement and Memorandum of Understanding executed by the City and the property owner. 15. Garages shall be constructed to provide a minimum of nine- feet - six - inches by nineteen -feet- six- inches (9' -6" x 19' -6 ") of interior clear space. 16. All theme walls are required to be coated with anti - graffiti paint. 17. Any interior retaining walls shall match perimeter stucco walls in color and style. 18. All signage, flags and banners shall be reviewed and approved by the Community Development Director or his designee. Prior to Issuance of GradingBuilding Permits 19. Prior to issuance of any precise grading permits or building permits, the applicant shall sign and complete an "Acknowledgment of Conditions," and shall return the executed original to the Community Development Department for inclusion in the case records. Page Twenty -Eight — City Council Minutes — August 24, 2004 20. Prior to issuance of a building permit, the applicant shall merge the underlying parcels. 21. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 22. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 23. The building addresses shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Developer shall obtain street addresses for all project lots prior to issuance of building permits. The addresses (in numerals at least four inches (4" high) shall be displayed near the entrance and be visible from the front of the unit. Care shall be taken to select colors and materials that contrast with building walls or trim. 24. Prior to Building Permits the Construction Supervisor shall meet with Planning Division staff to review the Conditions of Approval. 25. Landscaping Plans and Irrigation Details for each plan shall be required, and a Cost Estimate shall be submitted for review and approval by the City's Landscape Architect Consultant and the Community Development Director or designee prior to issuance of building permits. A Landscape Plan Check Fee and Inspection Fee shall be paid for the entire project at the time of submittal. a. Final landscape plan must be consistent with approved site plan. b. Street tree species along State Route 74 and "A" Street shall be consistent within the Ramsgate Specific Plan. C. The design of the Ramsgate monumentation at the intersection of State Route 74 and "A" Street shall be consistent with the Ramsgate Specific Plan Third Revision and Design Guidelines. Plans shall be submitted for review and approval by the Community Development Director. Installation including landscaping shall be completed prior to Certificate of Occupancy for the project. d. The use of the Hong Kong Orchid tree is subject to further review and approval by the City Landscape Architect. The applicant shall provide Page Twenty -Nine — City Council Minutes — August 24, 2004 evidence that this specie survives in our climatic zone. e. All trellises above tandem parking spaces shall have plantings installed at a sufficient size to result in "instant" growth. f. All trees planted along State Highway 74 and along the boundary with the Community Park to screen carports from public view shall be installed at a sufficient size and canopy spread to result in "instant" growth. g. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty- six - inches (36 "). h. The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention shall be given to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to prevent excessive watering. All exposed slopes in excess of three feet in height within the subject site shall have a permanent irrigation system and erosion control vegetation installed, as approved by the Landscape Architect and Planning Division, prior to issuance of certificate of occupancy. 25. Under the provisions of SB 50, the applicant shall pay school fees to the Lake Elsinore Unified School District prior to issuance of building permits. 26. All mechanical and electrical equipment on the building shall be ground mounted, unless properly screened by building parapet or other architectural features. 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 permits. If the equipment is placed behind fencing, landscaping will not be required. Prior to Final Approval 27. The applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 28. Prior to final approval, all wood fencing shall be painted or treated with a high- grade, solid body, penetrating stain approved by the Community Development Director or his designee. Page Thirty — City Council Minutes — August 24, 2004 29. Prior to the issuance of any Certificate of Occupancy, the applicant shall annex into Community Facilities District No. 2003 -1 and the Lighting and Landscape Maintenance District No. 1 for City- maintained street lights and landscaped areas. ENGINEERING DIVISION 30. Driveway entrance into the project shall be a minimum of forty (40) feet deep with no parking or turning conflicts. 31. The property owner shall dedicate and improve full half -width right -of -way for Central Avenue (S.R. 74) consistent with General Plan circulation requirements of 67 -feet and 55- feet half -width street improvements. 32. The property owner shall dedicate full half -width right -of -way for Street `A,' and construct full half -width street improvements. Dimension of the dedication shall be consistent with Ramsgate Specific Plan requirements. 33. Construct full half -width street improvements for Street `A.' Improvements shall be consistent with Ramsgate Specific Plan requirements. 34. Provide railing or wrought iron fencing on top of all perimeter retaining walls adjacent to parking, walking or driveway areas. Railing or wrought iron fencing shall be rated for pedestrian safety. 35. Provide compaction reports for all fill slopes. Soils report shall be provided to confirm slope stability with respect to structure surcharge. 36. All drainage shall be conveyed to the public right -of -way. 37. Provide detention for difference in storm run -off of the 100 -year storm between the developed and undeveloped storm water run -off. 38. Provide desiltation basin as a "first flush" measure for clean water run -off. 39. Comply with all conditions of underlying Tentative Tract Map No. 25479. 40. All Public Works requirements shall be complied with as a condition of development as Page Thirty -One — City Council Minutes — August 24, 2004 specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 41. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 43. 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. 44. 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). 45. 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). 46. 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. 47. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 48. Desirable design grade for local streets shall not exceed 9% unless otherwise approved by the City Engineer. 49. Intersecting streets shall meet at a maximum grade of 6 % with a minimum approach landing of fifty (50) feet in each direction. 50. 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). 51. 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. Page Thirty -Two — City Council Minutes —August 24, 2004 52. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 53. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to issuance of grading permits. 54. 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. 55. Provide fire protection facilities as required in writing by Riverside County Fire. 56. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 57. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 58. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 59. Applicant shall submit a traffic control plan showing all traffic control devices for the site for review and approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs. 60. All improvement plans shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 61. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 62. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 63. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. Page Thirty -Three — City Council Minutes — August 24, 2004 64. An Alquist -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site, unless a study is already on file with the City that addresses the site. 65. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 66. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 67. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 68. 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. 69. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements. Drainage easements shall be kept free of buildings and obstructions. 70. 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. 71. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 72. Meet all requirements of LEMC 15.68 regarding floodplain management. 73. The applicant to provide FEMA elevation certificates prior to certificate of occupancies, if required by the Engineering Division. 74. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. Page Thirty -Four — City Council Minutes — August 24, 2004 75. All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards. 76. Stone 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. 77. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 78. Ten -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 79. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 80. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 81. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 82. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 83. 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 including maintenance responsibilities. 84. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. Page Thirty -Five — City Council Minutes — August 24, 2004 85. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 86. 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. 87. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. 88. All open space and slopes except for public parks and schools and flood control district facilities, outside the public right -of -way will be owned and maintained by either a home owner's association or private property owner. 89. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. 90. If the CFD has not been formed at building permit, then the developer shall enter into an agreement with the City to mitigation drainage impacts by payment of a Drainage Mitigation fee. Per recommendations of the Master Drainage Plan developed by RCFCD for the West End, the developer shall deposit $4,000 per acre. If a Drainage Assessment District is formed in the West End and that drainage fee is lower than the present fee, a partial refund will be returned. _91. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 92. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District No. 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Page Thirty-Six — City Council Minutes — August 24, 2004 93. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 94. 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. 39. Statement of Qualifications for Special Audit Enaa eg merit. (F:24.1)(X44.1)(X:116.1) Mayor Buckley noted that a few weeks ago the City Council approved a sub- committee for this effort, to return to Council for approval. He noted that the staff recommendation was based on three qualified firms. He clarified that on Friday the sub - committee mailed out a request for proposal and time frames for submittal. He explained that there was clarification of what to audit and the time frame for completion of the audit. He suggested that the action on Friday would render this item moot. Councilman Magee commented that the original intent was to put together a sub - committee, with Council working or directing staff to put together a Request for Proposals, but instead there was a Request for Qualifications. He further commented that at the last Council meeting, he presented a list of 33 firms, some of which were on the original list. He noted that three of the auditing firms he recommended had not received copies of the RFQ. He indicated that when he contacted them, they expressed interest in participating in the process, so he and the Mayor did letters and developed a scope of work which they sent to the six auditors. He advised that the letter requested a response by September 7th, so they could take action to select a firm on September 14th, and have the report by October 15th. He concurred that this item was moot based on the proposed plan, as the sub - committee was moving forward and should be able to report back on September 14th Edith Stafford, 29700 Hursh, indicated that this item raised suspicions, and Page Thirty -Seven — City Council Minutes —August 24, 2004 she was going on record saying, that in her opinion it was very hard to believe so many letters went out with so little response. She indicated that she was glad that someone followed up on whether the letters had been received. She commented that she had been suspicious for almost a month. She questioned if a guilty person would investigate themselves. She suggested that the only way to stop the foxes from eating up the chickens was to remove the fox. Mayor Pro Tern Kelley commented that at the 4 p.m. meeting, it was her understanding and she brought it up that the audit would include City Council Credit Cards, which she supported. She indicated that the Minutes of the prior discussion on June 29th were pulled, and she noted page 14 reading the following excerpt: "Mayor Pro Tem Kelley requested clarification if that included Council credit cards. Councilman Magee reiterated it would include all City issued credit cards." Mayor Pro Tern Kelley requested that when a firm was chosen, the Council action be upheld, as that was what the majority voted for. She indicated that in another vein, the City Council was elected to set policy and the majority does that. She indicated that at the prior meeting, was when it was decided to get a professional firm to do the auditing. She noted that the original proposal was for a sub - committee of Councilman Mage, City Treasurer Weber and Mayor Buckley to do the audit, but the Council voted not to do that, and instead go to a professional firm for the audit. She stressed that Council made an unanimous vote and it was much to her dismay that a Council Member and the City Treasurer took it upon themselves to go and interrogate the Assistant City Manager and run their own investigation. She indicated that such action was not authorized by the City Council, it was against the vote of the City Council and not within the right of the City Treasurer to do. She indicated that the City Council oversaw the City Manager, the City Attorney and half of the City Clerk; so if there was a staff person involved, the proper process would be to go to Page Thirty -Eight — City Council Minutes — August 24, 2004 City Manager to investigate and report back. She noted that the City Treasurer talked with the Assistant City Manager for one and one half hours, taking her away from City business. She indicated that Ms. Best was open and honest with him and requested that any written follow -up go back to her, but instead it went to the newspaper. She indicated that his report was racked with personal interpretations and judgments, and that was why she wanted an outside auditor. She indicated that it was reprehensible that the City Treasurer would step out of bounds to interrogate a staff member to the point that she had grounds to claim harassment. She stressed that this was against the Council action, clearly against direction, and she was concerned that there could be legal ramifications. She indicated that she wanted the Council to know that this bothered her and upset her, and was not the action they voted on. She suggested that this action was to the point where a reprimand was appropriate. She noted that Assistant City Manager Best probably had comments on this matter as well. Mayor Buckley noted that the original plan discussed the four persons to choose the audit firm, not conduct the audit. He clarified that any resident could ask for public records. Mayor Pro Tem Kelley noted that during the discussion a lot of time was spent discussing that she did not want the Council of the Treasurer to be part of the audit team, and instead wanted a professional audit. She further noted that any member of the public could ask for records and the City Treasurer could do so as well, but she questioned the right to interrogate a City employee, and then making a judgment and turning it over to the newspaper. Mayor Buckley requested a comment by Assistant City Manager Best. Assistant City Manager Best suggested that City Treasurer Weber have the opportunity to comment first. City Treasurer Weber indicated that he went into this item because it was not Health/Wellness, but a trip. He commented that any person could ask for documents and noted recent article in the paper and Elsinore Magazine. He indicated that this was so obvious that it was something other than a Page Thirty -Nine — City Council Minutes —August 24, 2004 vacation. He indicated that he looked into it and asked if she wanted to talk about it and stop the innuendo in the newspapers. He noted that he wanted the truth known about what happened on the trip and any disciplinary action required, taken. He indicated that something should happen with that. He indicated that he got the records and Ms. Best indicated that she would meet with him. He commented that it was not an interrogation, and he was not a jail warden getting it out of someone. He indicated that it was a very cordial conversation and Ms. Best was the one who said to look at the receipts for a dinner. He noted that she did not remember it in the first interview, but did on a follow -up interview. He indicated that she did not have the names at that time. He further commented that initially she had five days per diem to meet with Mr. Gibbons on their Economic Gardening Program; but questioned if it could have been done over the Internet or via e -mail. He indicated that she went for five days per diem and took the RV with the family. He noted that she drove in on Sunday to meet on Tuesday and Wednesday. He indicated that she spent part of the morning, lunch and part of the afternoon with Mr. Gibbons, but did not return for the second day as planned. He commented that she never made any notes or talked to anyone. He indicated that the real problem was that she had five days per diem, but took three days vacation. He indicated that this was not a fact of the $126, but no one should go on vacation using per diem. He commented that his report was very factual with no accusations, and he only said that the policy should be changed to compensate for situations like this. He indicated that he never said that she should have been fired; but in the interview she said it was the same price to fly, as it was to drive there. He suggested that since she stayed only one day, she could have gone Monday, met with them and flown back for $450, for a savings of about $500. He suggested that there were probably other reasons for doing what she did, as she said she got a chance to go with her family. He noted a luncheon with the people in Littleton, and commented that she said she bought snacks to go see the people. He indicated that what she said was for lunch was actually for a dinner with an unknown businessman. He indicated that he was going to give it to the audit team for review. He commented that Councilwoman Kelley was like a mother hen protecting her chicks. He indicated that Ms. Page Forty — City Council Minutes —August 24, 2004 Best was a professional, and to say that he was harassing her was absurd. He indicated that if there was a lawsuit, he did not want the City Attorney representing him. He suggested that it would not be adequate legal representation. He commented that he was really tired of the comments, as Ms. Best took a trip, and people could look at the report and make their own decisions on what happened. He indicated that the truth was out there and it was done, with no further investigation. Councilman Magee indicated that the trip in question was asked for by Ms. Best and approved by her boss, the City Manager who was a City Council employee. He suggested if there was a problem with this situation, it needed to be taken up with the City Manager. He noted that was the point of the audit, to find out what past practices have been. He indicated that he would hold his opinion of the trip and review it after the audit team looked at it. He suggested that with respect to Mr. Weber's involvement, the Council recently passed a policy regarding the Treasurer, who can coordinate requests for staff time through the City Manager; and the City Manager will request direction if there is a conflict with the City Council priorities. He indicated that if the City Manager felt the interview was against the priorities of the Council, he should have stopped the meeting, as the policy is quite clear; however he was not present to defend himself. He stressed if the discussion was not appropriate, he could put an end to it. He indicated that his problem with City Treasurer Weber was that the press releases should be issued per set policy, and he was not sure how the press got this story. He noted that he was simply going to refer the matter to the audit team, and was shocked to see it in the newspaper. City Treasurer Weber indicated that he was not sure how the press got the report, nor how Elsinore Magazine got it. Councilman Magee indicated that with respect to future litigation, he was not sure what the cause of action would be because he was not sure of the damages, as one could not put a price tag on embarrassment. He commented that he could see no potential litigation from this matter, whatsoever. He indicated that the reason the discussion got to this point was Mayor Pro Tem Kelley wanting to sanction the City Treasurer. He stressed that this was the direction the Council voted on for Page Forty -One — City Council Minutes — August 24, 2004 the independent audit. He reiterated that there was a Statement of Qualification request that had already been mailed out, and he was very concerned that staff did not follow direction. He commented that he provided additional audit teams to add to the list and three did not receive the information. He stressed that the process needed to stay with the sub- committee and audit team, who would bring something back on the 10. He asked that everyone wait for the results of the audit and hand the matter appropriately and professionally. Assistant City Manager Best noted that there were a couple of issues pertinent to this item and noted that with regard to the three additional firms, Mr. Pressey made every effort to get them sent out, but she was happy to follow -up. She commented that this discussion was very interesting and somewhat like a game of telephone. She explained that as information is passed on, it becomes a completely different story. She indicated that City Treasurer Weber made a serious effort to try to stop the innuendo relative to the audit; and noted that she believed that when he started it was his intent to resolve those issues, City Council action aside. She commented that it was very interesting that she let Mr. Weber know that if something was in writing to the Council, it was a public document; and noted that she did ask to see his findings prior to it being distributed, but that did not happened. She noted that she received the document at the same time as the Council. She further noted that once the discussions began, they were hard to stop. She indicated that if there were questions, she was more than happy to answer them, as she did not think she had done anything wrong. She stressed that she had nothing to hide, but noted that at this point all of the staff was feeling ill at ease. She indicated that it was a matter of trust, and there was an obvious lack of trust that might, or might not be justified. She stressed that staff was here to lead the City and she hoped to raise the level of public discussion. She indicated that the trip was interesting, but that was not what the community wanted to hear. She indicated that the public wanted to see leadership and trust, and she had worked in the field for more than 25 years and had never had issues such as this come up. She indicated that she signed many large checks on behalf of the City and if she Page Forty -Two — City Council Minutes —August 24, 2004 was not trusted, she would like the Council to let her know. Mayor Buckley referred back to the agenda item, and inquired if there was any action required. City Attorney Leibold suggested that the appropriate action, based on the sub - committee recommendation and the proposed scope of work, would be to consider the sub - committee recommendation and received comments on the proposed scope of work. Mayor Buckley noted that the Council created the sub - committee to develop the scope of work and find an auditor. City Attorney Leibold suggested that the sub - committee might be interested in input from the Council. MOVED BY MAGEE, SECONDED BY HICKMAN TO CONTINUE THIS ITEM TO SEPTEMBER 14TH. Councilman Schiffner indicated that he wanted reassurance that the scope of work would include all credit cards, including the Council's. Councilman Magee indicated that he would assure the Council that would happen. He read the staff recommendation and indicated that it did not mention continuing education, travel, or per diem, which were all part of the action on June 29"'. Councilman Schiffner concurred and requested that those items be included. Councilman Magee expressed concern that those items were not included in the staff recommendation. Mayor Buckley indicated that the scope of work was to include Council and Staff. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 9:28 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 9:31 P.M. Page Forty -Three — City Council Minutes — August 24, 2004 PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, indicated that she was a straightforward person and someone had to have the guts to tell it like it is; and that person was her. She commented that she did not like wrongdoing and fought it hard. She indicated that she had distrusted the past action of 20 years or more, and indicated that her concerns could be documented. She requested that no one play the fooling game on her, as she does her homework and knows what is going on. She commented on the City Treasurer and noted that the past City Councils had not allowed the City Treasurer to do his rightful duties. She indicated that the public elected a strong treasurer this time, who would not allow anyone to topple him over. She expressed complete support for his actions; noting that he did the right thing. She indicated that she had questions and suspicions; and when someone changes the story it gives rise to suspicions. She addressed a story in the paper in July regarding a 2 -1/2 day trip on behalf of the City. She reiterated that she does her homework and requests documents, and sees all kinds of flutters and flaws. Vida Boice, 17 Ponte Negra, addressed Councilman Magee and thanked him for following up on the letters that were sent out. She indicated that it was very appropriate to see that staff was following through. She thanked the Council for their hard work, but expressed concern with the Railroad Canyon intersection. She noted that there were Council members who have run saying they did great things for the City but she hadn't seen it. She commented that there was $230,000 allocated for work on Railroad Canyon; but it was not getting better, it was getting worse. She requested an update on the status of Railroad Canyon and the time frame to get something done. She indicated that she gets very irritated when she is in that intersection and would like to have something to look forward to seeing the traffic ease. Mayor Buckley noted that it was about $850,000 and the work would start soon. Engineering Seumalo offered to meet and give Ms. Boice an update. He advised that staff was waiting for the Caltrans permits for the interim improvements. He further advised that the second prong would be for the ultimate improvements, with the project report engineer selected, then the environmental and finally the Page Forty -Four — City Council Minutes — August 24, 2004 plans, specs and estimates for the improvements. CITY MANAGER COMMENTS Assistant City Manager Best commented on the following: 1) Highlighted a recent article on a local company in the Press Enterprise, being Vertigo, in the back basin. She explained that the company was working on a retrieval system for the satellites. She indicated that this was a positive program for the City and noted that it was good to see new technology. She congratulated Vertigo on their efforts. 2) Advised the City Council that she would be attending the funeral services for the son of Councilman McAllister in Murrieta. 3) Wished everyone a safe Labor Day Holiday. CITY ATTORNEY COMMENTS No comments. COMMITTEE REPORTS None. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Noted the newsletter of the California Debt Investment Advisory Commission, which tracks the sale of bonds. He commented on the number of bonds issues each year, and indicated that a lot of the disclosure statements were not factual, as they were doing other Page Forty -Five — City Council Minutes —August 24, 2004 things with the money. He indicated that local officials needed to be involved in the writing of disclosure statements and the review of the statements, because the City is liable. He commented that the Laing Homes disclosure would probably need some kind of risk analysis, as they would probably be looking for over $250 million in bonds. He stressed that the Council needed to be sure the statements were fully truthful. He indicated that he was investigating the bonds and one series in 1984 was to pay for rebuilding after the 1980 flood, but noted that the citizens would be paying until 2032. 2) Indicated that the investigation of Assistant City Manager Best had to happen, and advised that he would provide copies of his report for free. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Reminded homeowners and renters of the tax rebate for senior citizens, with forms being completed at the Senior Center on Mondays and Tuesdays. 2) Congratulated Chris McColley on getting Congressman Issa to attend the EDC Luncheon. 3) Noted his enjoyment of the concerts in the park and gave Kudos to Mayor Pro Tem Kelley. 4) Noted that Vertigo would make history on September 8ch with the catch of the space shuttle. 5) Extended prayers to the family of Fernando Hannon who lost his life in Iraq and to the family of Councilman McAllister in Murrieta. Page Forty -Six — City Council Minutes — August 24, 2004 6) Noted that Lake Elsinore was rated the 360'' best sports cities in the United States and offered kudos. 7) Wished everyone a safe holiday. Councilman Schiffner commented on the following: 1) Thanked the Council for joining him to move forward with an extreme improvement project. He indicated that it would raise property values and provide great recreation. Councilman Magee commented on the following: 1) Indicated that he had several requests of staff. He advised that he had received a lot of correspondence regarding Code Enforcement/Law Enforcement on North Langstaff. He requested a brief report on the status of that situation. 2) Indicated that he was contacted by a constituent regarding street repairs on Poe Street. He noted that he contacted City staff and was pleased to see that he advised the constituent saying almost exactly what staff told him. He indicated that it was not included in maintenance this year, so it was an unfunded capital improvement project. He indicated that he would try to get it higher upon the list by mid -year. 3) Indicated that he was receiving constituent calls regarding free coffee for seniors at the Senior Center. He noted that it was only served until 10:30 in the morning and he would like input on what would be an appropriate time. He suggested that if the Council desired that could be promoted. 4) Noted that the Rental Housing Program had been funded for two years and requested an update on what had been done in the two Page Forty -Seven — City Council Minutes — August 24, 2004 years. 5) Requested an update on the General Plan Review process, noting that the Council had approved an adequate RFP and was only waiting for the new fiscal year. 6) Responded to Mrs. Boice, noting that staff had talked to her about Phase I; and commented that on Phase 2, the long term ultimate resolution, the County sub - committee met yesterday and approved $13.5 million in concept for plans & specifications, right -of -way, and construction. He indicated that this was a large step in making the project happen. He indicated when the project was ready it could be funded and the staff was ahead of the curve, so the City would get the money before some other project. 7) Indicated that he needed to hear from more people on what goes on at City Council meetings and in the community. He stressed his need for input, and advised that he had a dedicated line in his home for concerns. He encouraged the constituents to call him at 678 -4515. Mayor Pro Tem Kelley commented on the following: 1) Reminded everyone of the Concert series and thanked Councilman Hickman for his comments. 2) Responded to Mr. Weber, that she might seem like a mother hen at times, but she would disagree with the process that was followed. She stressed that he should try not to get personal. She indicated that she might be a mother hen because she had worked with staff for eight years. She indicated that the City has a quality staff, with experience and professional demeanor. She noted that the staff's average amount of services was between 10 and 15 years. She indicated that staff works hard for the City and bends over backwards to assist the Council. She noted that they also try to answer Page Forty -Eight — City Council Minutes — August 24, 2004 questions from the public and have settled numerous lawsuits. She stressed that they are very capable and knowledgeable. She indicated that under the leadership of City Manager Watenpaugh and Assistant City Manager Best the City was moving forward in a positive way. She indicated that this was true of all of staff, as they are all kind and considerate. She reiterated that she might be a mother hen, but hates to see staff undermined or embarrassed unnecessarily. She noted that the audit was already requested, but to release the document to the paper without giving Ms. Best the opportunity to correct errors, release it and say he would pass it out, embarrasses the City, the City Council and should embarrass him; it also embarrasses staff and is highly inappropriate. She indicated that in this instance she would take the title mother hen as a compliment. She stressed that Ms. Best had not had a chance to speak since the report and would like that opportunity before it was distributed further. Councilman Magee reminded Mr. Weber that the City Manager would guide him to staff and this matter should wait until he returns. Mayor Buckley commented on the following: 1) Addressed the scheduling of meetings and indicated that on September 8th at 4 p.m. t here would be a Special RDA/Council Closed Session regarding ongoing negotiations and due diligence on the Stadium. He also noted the need for two more study session on Code of Ethics, and Logo/Public Relations/Branding. He suggested that Council e-mail 3 or 4 possible dates to staff. 2) Requested that the second meeting in September be cancelled or moved, and an item to reset it be placed on the next agenda. 3) Advised that there was a letter concerning a new post office, and noted that the City clearly needed one. He noted that he spoke with Supervisor Buster, and he was looking for a new post office site in Temescal Canyon. He requested the Council consensus for a letter to Page Forty -Nine — City Council Minutes — August 24, 2004 be drafted based on specific examples. Councilman Magee indicated that it needed to include how to take the next step, based on direction from the Federal government. He questioned how to do that. 4) Announced the following upcoming events: Music with a View Concerts August 28th Cruise Night September 4th Music with a View September 4th Household Hazardous Waste Collection September 5th Open Air Market September 9th EDC Lunch September 18th Familia Celebracion ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:55 P.M. CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 14, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)(C) of Gov't Code Section 54956.9. (1 case). (F:52. 1)(X:40. 1) b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION — City Manager. (F:68.1)(X:46.1) Page Two — City Council Minutes — September 14, 2004 City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:07 P.M. The Closed Session discussion was completed at 7:05 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in public session at 7:13 p.m. Mayor Buckley noted that there were a number of potentially contentious issues on the agenda and stressed the need to maintain decorum. He noted the ability to turn off the microphone, and indicated that if necessary the Sheriff's Deputy would escort people who disrupted the meeting out. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by E.V.M.W.D. Boardmember Ben Wicke INVOCATION — MOMENT OF SILENCE Mayor Buckley led the meeting in a Moment of Silent Prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Page Three — City Council Minutes — September 14, 2004 Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Finance Manager Magee, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS A. Presentation — Trauma Intervention Program. (F:108.1) Roseanne Orweiler appeared with several representatives of the Trauma Intervention Program and thanked the City Council for their assistance. She indicated that they were honored to serve the community and stressed their appreciation of the City's support. She announced their Casino Night fundraiser and detailed the cost of tickets. She noted that they would leave brochures on the event at the door. Mayor Buckley repeated that the fundraiser would be held at Canyon Lake on October 16tH B. Presentation — Chamber of Commerce Update. (F:108.4) Jack McColley, Chairman of the Board, thanked the Council for the opportunity to update them and the community on Chamber events. He indicated that the biggest event at the Chamber was the transitional phase with the resignation of Chris McColley as President and CEO. He noted that she had done a great job for the last three years, but had decided to resign her position. He advised that they had been transitioning for the last few weeks and would continue to do so for a few more. He commented that the Chamber would continue to grow and prosper with the City Council's continued support. He introduced the Chamber's new Presidnet and CEO, who came up from the Board, Kim Cousins. He noted that Mr. Page Four — City Council Minutes — September 14, 2004 Cousins brought with him managerial experience from a variety of companies including McDonnell Douglas. He indicated that Mr. Cousins had his Bachelor of Arts degree from Cal State Fullerton in Accounting and Information Management Systems. He noted that Mr. Cousins was well versed on the operations of the Chamber, due to his work on the Board; and that was assisting him in the transition. Mr. Cousins noted the success of the most recent EDC Lunch program, and noted the increased interest it had generated for the Chamber's website. He thanked the sponsors for their assistance with the event. He announced the following upcoming events: September 23rd — Business Mixer at Rustic Grill, sponsored by Robbins Pest Management, Pyramid of Health and Rustic Grill. September 28tb — Student of the Month Lunch at Sizzler October 9th — Lake Elsinore Rotary Club Arts & Wine Festival on Main Street. October 14th — EDC Lunch & Education Summit — He noted that this event would have about 300 to 500 high school students looking at the pursuit of career paths in the education field. CLOSED SESSION REPORT City Attorney Leibold announced that the above listed items were discussed in Closed Session with the following announcements. She indicated that with regard to the anticipated litigation, there was no reportable action. She indicated that with regard to the second item being the Performance Evaluation for the City Manager, the term of the existing contract was July 1, 1993 through June 30, 2001, with automatic rollovers, so there was a one year term remaining. She advised that tonight the Council voted 3 to 2 with Councilmembers Kelley and Schiflrier dissenting to provide written notice of non - renewal of the contract. She further Page Five — City Council Minutes — September 14, 2004 advised that the Council would discuss the contract further at the November 9th meeting, but allow it to run the term of twelve months. She indicated that this would allow for negotiation with a clean slate. PUBLIC COMMENTS — NON - AGENDIZED ITEMS —1 MINUTE David Cooper, 32900 Riverside Drive, indicated that in May of 2003, he suggested to then Mayor Brinley that the Moment of Silence be changed to a Moment of Silent Prayer. He noted that tonight that change was on the agenda for a vote. He commented that having a Moment of Silence was appropriate at Ground Zero in New York on September 11, 2004, but not at every meeting of the City Council. He encouraged the Council to support the proposed change. He provided a prayer for the City Council's wisdom, the safety of soldiers in Afghanistan and the President. David Cheney 29041 Stoneridge Terrace, announced that the NAACP would be holding a Candidate Forum on October 23`d at 11 a.m., in the Library annex. He suggested arriving early, as there was limited space available. He noted that the NAACP does not support candidates or political parties. Ron LaPere, 16867 Wells, thanked the citizens for calling today to alert the City, and stop the removal of palm trees on Gunnerson and McBride. He indicated that the trees were not removed and the check was returned. He advised that last week at the Planning Commission there was a unanimous vote paying tribute and extending thanks and congratulations to Community Development Director Brady and his staff for bringing complete and full information to the Commission. He stressed that this thorough information allowed the Commission to make wise decisions. He offered applause to Mr. Brady and his staff. Pete Dawson, 18010 Grand Avenue, noted that he had previously provided pictures to Council regarding the Laing Homes project, which was already approved. He indicated that at the meeting four weeks prior, he had presented the picture saying it was a flooded Lake Elsinore in 1993. He advised that he was told in conversation that 1993 would have been before the outflow channel was Page Six — City Council Minutes — September 14, 2004 completed, and a 1995 picture would be more appropriate. He presented the picture from January, 1995 and questioned where homes could safely be built. Donna Franson, 7 Villa Valtelena, thanked all the people who have been so responsive to the Lake Elsinore newsletter. She noted that they had received over 200 of the cards back, and many encouraging notes were included on the cards. She indicated that the group was working on membership packets which should be in the mail either late- September or early- October. She noted that the responses showed that people are interested in participating in the growth of Lake Elsinore. She advised that the next newsletter could be expected some time in November. She requested Mayor Buckley's assistance in contacting Mr. Stahovich at the County to address issues on the Laing Home project. She invited Mayor Pro Tern Kelley to write the next letter for the newsletter. Teri Prijatel, 17471 Lakeshore Drive, S., noted that many people know her for her volunteer work in LEMSAR. She requested the public's assistance in raising money for her Daughter -in -Law in Lake Elsinore. She explained that Nico Williams had a case of bone cancer in her leg, but continued to train horses and young riders. She detailed the condition and explained that the leg was recently amputated, so Nico was in need of a prosthetic leg. She encouraged participation in the fund- raiser on October 10th at the Humphries Estate in Temecula. She indicated that people interested in donating to the silent raffle could call 678 -1281 and those interested in donating funds could contact People Helping People at 699 -1710. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 4, 10 and 34. Page Seven — City Council Minutes — September 14, 2004 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 10. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED, WITH THE MINUTES AMENDED AS DISCUSSED DURING THE EARLIER STUDY SESSION, AND THE CORRECTION TO ITEM 3. The following Minutes were approved as amended: a. Joint Study Session — July 13, 2004. b. Joint Study Session — July 27, 2004. C. Regular City Council Meeting — July 27, 2004. d. Regular City Council Meeting — August 10, 2004. e. Regular City Council Meeting — August 24, 2004. (F:44.4) The following Minutes were received and ordered filed: f. Planning Commission Minutes — August 17, 2004. (F:60.3) 2. Ratified Warrant List of August 31, 2004. (F; 12.3) 3. Approved Council Policy Revision regarding Moment of Silent Prayer, as corrected. (F:120.1)(X:44.1) 5. Approved funding for Fire Station 10 — Concrete Repair Work, in the amount of $41,850. (F: 127.3)(X:30.1) 6. Approved Professional Services Agreement for Noble Consultants, Inc., in Page Eight — City Council Minutes — September 14, 2004 an amount not to exceed $12,500 for a Supplemental Engineering Report. (F:68.1)(X:1 14.13 7. Adopted Resolution No. 2004 -59 approving participation in the Juvenile Accountability Incentive Block Grant. (17:84.8) RESOLUTION NO. 2004-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AUTHORIZING THE LAKE ELSINORE POLICE DEPARTMENT TO PARTICIPATE IN THE JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT. Adopted Resolution No. 2004 -60, authorizing the Placement of Nuisance Abatement Hearing costs as Special Assessments on the Property Tax Rolls (F:32.4) RESOLUTION NO. 2004-60 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST OF NUISANCE, CONFIRMING THE ITEMIZED WRITTEN REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL CONSTITUTE A SPECIAL ASSESSMENT LIEN AGAINST SAID PARCELS OF LAND PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE. 9. Approved Amendment to the Agreement by and between the County of Riverside and the City of Lake Elsinore for Roadway Improvements on Corydon Street. (F:68.1)(X:156.1) Page Nine — City Council Minutes — September 14, 2004 PUBLIC HEARINGS None. BUSINESS ITEMS 31. Industrial Project No. 2004 -02 — Vanderhoek Industrial Buildings. (17:86.2) Community Development Director Brady detailed this item, which includes two industrial buildings at Birch and Minthorn. He advised that they would be concrete tilt -up buildings, and noted the drawings as presented. He indicated that the proposal included 70 parking spaces and landscaped areas, making it a very nice design. Councilman Magee inquired if the applicant was present and if he had comments. The Applicant was present, but indicated that he had no comments. Councilman Magee thanked him for his investment in the Community. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE DESIGN REVIEW OF INDUSTRIAL PROJECT NO. 2004-02 BASED ON THE FOLLOWING FINDINGS AND EXHIBITS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley noted the high quality of the drawings presented and inquired if they were computer generated. The Applicant confirmed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Findines 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. The proposed Industrial Design Review located at APN: 377 - 151 -044 complies Page Ten — City Council Minutes — September 14, 2004 with the goals and objectives of the General Plan, in that the approval of this industrial complex will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging industrial land uses to diversify Lake Elsinore' economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Industrial Design Review located at APN 377- 151 -044 is appropriate to the site and surrounding developments in that the proposed industrial complex has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed and existing projects in that the architectural design, color and material and site designs proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Industrial Design Review located at APN: 377 -151 -044, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to Article 19 (Categorical Exemptions) and Section 15332 (In -Fill Development Projects). 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Industrial Design Review located at 377 -151 -044 has been scheduled for consideration and approval by Page Eleven — City Council Minutes — September 14, 2004 the Planning Commission. CONDITIONS OF APPROVAL FOR INDUSTRIAL DESIGN REVIEW NO 2004 -02 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Contract Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, Contract Consultants, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project located at Assessor Parcel Number 377 - 151 -044, 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. INDUSTRIAL DESIGN REVIEW NO. 2004-02 2. Design review approval for Industrial Project No. 2004 -02 will lapse and be void unless building permits are issued within one (1) year. An extension of time, up to one (1) year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one (1) month prior to expiration. 3. All Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and Page Twelve — City Council Minutes — September 14, 2004 release of utilities. 4. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 5. Structures shall be placed on -site as depicted on the site plan and/or as modified by the Community Development Director or designee. 6. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of building permit. 7. The Planning Division shall approve construction trailers utilized during construction. All construction trailers shall require a $1,000.00 cash bond for each. 8. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and screening plan shall be approved by the Community Development Director, prior to issuance of building permit. 9. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20') and Type `B' loading zones (12'x 40'). 10. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of Page Thirteen — City Council Minutes — September 14, 2004 the Lake Elsinore Municipal Code. 11. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 12. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. 13. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 14. The applicant shall submit a Sign Program for the approval of the Planning Commission prior to the issuance of the first building permit. 15. All building signage shall comply with the Sign Program submitted to the Planning Division. 16. All drive aisles and loading areas shall be kept and maintained free and clear of any materials /merchandise so as not to obstruct on -site circulation and deliveries. 17. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 18. Provide a 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width). 19. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 20. No exterior roof ladders shall be permitted. Page Fourteen — City Council Minutes — September 14, 2004 21. All service and loading doors shall be painted to match the building. 22. On-site surface drainage shall not cross sidewalks. PRIOR TO BUILDING /GRADING PERMITS 23. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 24. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty - four -inch (24 ") box in size. c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). Page Fifteen — City Council Minutes — September 14, 2004 e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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. 25.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 Sixteen — City Council Minutes — September 14, 2004 26.Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 27.Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 28.1'rior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 29.The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code. ENGINEERING 30.Development shall designed to allow for truck turning movements on site as well as onto the site. Truck turning template showing trucks turning to back into all loading bays shall be required. 31.Full half width street dedications on Minthorn Street shall be required for 30 -foot half width right -of -way dedication and 20 -foot of roadway improvements shall be constructed between the centerline and curb -face. This requirement shall be for the project frontage with transitions to the existing pavement where applicable. 32.Building pad elevations shall be required to be 1 -foot above the 100 -year flood elevation. 33.0n -site detention shall be required for the incremental increase in storm water runoff. 34.The driveway located on Minthorn Street shall be 40 -feet deep (Clear from the curb face to the first parking stall or drive isle). Page Seventeen — City Council Minutes — September 14, 2004 35.A reciprocal access easement shall be required between the property to the southeast and the subject property. 36.All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to certificate of occupancy. 37.Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 38.All street improvements shall be installed and functioning prior to certificate of occupancy. 39.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 40. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 41.Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to certificate of occupancy. 42. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). Page Eighteen — City Council Minutes — September 14, 2004 43.Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to certificate of occupancy. 44.All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 'h" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 45.The applicant shall install permanent survey monuments in compliance with the City's municipal code. 46.Applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to issuance of building permit. 47.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. 48.Provide fire protection facilities as required in writing by the Riverside County Fire Department. 49.Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 50.Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 5 LIT applicable, all traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. Page Nineteen — City Council Minutes — September 14, 2004 52.All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 53.All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 54.Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 55.Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 56. An Alquis- Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 57.All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 58.Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. Page Twenty — City Council Minutes — September 14, 2004 59.Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 60.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 drainage easement. 61.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. 62.Meet all requirements of LEMC 15.64 regarding flood hazard regulations 63.Meet all requirements of LEMC 15.68 regarding flood plain management. 64. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to issuance of building permit. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 65.All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 66.Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 67.10 -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. Page Twenty -One — City Council Minutes — September 14, 2004 68.A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run -off on private property. 69.Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 70.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. 71.Education guidelines and Best Management Practices (BMP) shall be provided to tenants of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 72.Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 73.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. 74.Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. Page Twenty -Two — City Council Minutes — September 14, 2004 75.All parcels shall have direct access to public right -of -way or be provided with a minimum 30 ft ingress and egress easement to public right-of-way provided on improvement plans or by separate instrument. 76.Existing access easements over property must be addressed to the satisfaction of the easement owners prior to certificate of occupancy. 77.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 phases of construction and operation. RIVERSIDE COUNTYFIRE DEPARTMENT 80.The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department. COMMUNITY SERVICES DEPARTMENT 8 LApplicant shall pay park -in -lieu fees for all proposed commercial buildings. 82.Applicant to maintain all on -site landscaping. 83.Applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 84.Applicant to comply with all NPDES regulations. 32. Request for Additional Funding — Animal Friends of the Valleys. (F:18.3) City Manager Watenpaugh noted that this was a very basic request, and the representatives of the Animal Friends were present to respond to questions. Page Twenty -Three — City Council Minutes — September 14, 2004 Community Services Director Sapp detailed the request for an increase of $4,800 annually, or $400 per month. He noted that the current contract was for $85,200 per year, on a monthly basis. He recommended approval of the requested and indicated that funding was currently available in the budget, as it was funded in anticipation of the JPA being formed for the animal shelter. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE THE REQUESTED $49800 INCREASE PER YEAR. Councilman Hickman commented that Temecula received and increase of $1,500 per month vs. this $400 per month. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. City Hall Remodel. (F:50.1) MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM OFF CALENDAR UNTIL SOME OF THE COUNCIL COULD MEET WITH STAFF AND DISCUSS THE PROJECT. Mayor Buckley noted that, next Friday, on September 24`x' City Hall would again be open on Fridays. 34. Choice of Consultant — Benefits Audit. (17:24.1)(X:44.1)(X:116.1) Councilman Magee noted that the Council had appointed a sub - committee to send out requests for proposal and review the proposals for a benefit audit on certain benefits discussed by the Council. He indicated that of the 36 requests sent out, only five firms had responded, of which a couple were deemed none responsive. He recommended the selection of William J. Healey CPA to review a one year time period for the fiscal year 2003 -2004. and report back to the sub - committee by October 15`x'. He noted that Mr. Page Twenty -Four — City Council Minutes — September 14, 2004 Healey's response was the most accurate, detailed and consistent with the Council wishes. Vida Boice, 17 Ponte Negra, indicated that her questions had been answered. Mayor Pro Tem Kelley indicated that she wanted to clarify a couple of things. She inquired if the results of the audit were to come back to the full Councilor just the sub - committee. Mayor Buckley indicated that they would come back to the sub - committee, and then the full Council. Mayor Pro Tem Kelley suggested that the report should come back to the entire Council. She commented that she was also concerned with the legal issues regarding the rights to privacy under the HIPAA laws. She noted that the names of doctors and the patients could not be connected, and questioned how that would work. City Attorney Leibold echoed Mayor Pro Tem Kelley's comments and noted that it would be important for the City Attorney's office to be participatory with respect to the dissemination of information and related issues. Mayor Pro Tem Kelley indicated that she had no problem with the City Attorney providing input into the process. She noted that her question earlier was to make sure the Council was included in the audit, which it is and that was good. She suggested that it would be more beneficial if all five Councilmembers got the results at the same time. Councilman Magee indicated that in the RFP, approved at the last meeting, the Audit Procedures required a report to only the sub - committee, with the draft report before October 15`h, with the final report for referral to the entire City Council, including all of the findings, etc. He stressed that they responded to specific direction in the RFR Councilman Schiffner questioned the dollar amount of the bid. Mayor Buckley indicated that it was $18,400. Councilman Magee clarified that the bid was a range of prices. Councilman Schiffner indicated that with regard to the question of the audit coming back to the Council, it would in Page Twenty -Five — City Council Minutes — September 14, 2004 effect happen, as the Committee would not be making any decisions. Mayor Pro Tern Kelley stressed that she would want the information given to all Councilmembers, so they could all evaluate it and respond. She indicated that she would want the outcome presented in a professional manner, instead of on the front page of the newspaper first. Councilman Hickman questioned if the sub - committee was comfortable with the one year review, or if they would be more comfortable with two years. Councilman Magee clarified that two years was not part of the scope of work, so he would be uncomfortable changing it. Councilman Magee reiterated that the RFP said the initial report was to the sub - committee, with comments by them. He commented that he could make it available to all Councilmembers, however that interest was not mentioned previously. He indicated that he had no problem providing copies of the draft report, with all Councilmembers responding in writing. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE PROPOSAL OF WILLIAM J. HEALEY III, CPA, TO PERFORM A ONE YEAR (FISCAL YEAR 2003- 2004) BENEFIT AUDIT TO INCLUDE ALL CITY ISSUED CREDIT CARDS. 35. Scheduling of Study Sessions. (17:44.1) Mayor Buckley noted that this was a housekeeping issue, to complete two issues before the end of the year. He indicated that the first one was the Code of Ethics, and the second was the consideration of a new City logo or brand for a comprehensive marketing program. He suggested October 14th and 5 p.m. for the Code of Ethics and October 21St at 5 p.m. for the Marketing program. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE STUDY SESSION DATES AS Page Twenty -Sig — City Council Minutes — September 14, 2004 DISCUSSED ABOVE. 36. Rescheduling of September 28th Meeting. (17:44.1) Mayor Buckley requested that this item be pulled from the Agenda with prejudice. ITEMS PULLED FROM THE CONSENT CALENDAR 4. Disposal of Surplus Equipment - Computers & Electronics. (17:48.1) Vida Boice, 17 Ponte Negra, suggested that before the City got rid of this equipment, they should look at the Senior Activity Center for placement of the equipment such as a printer, noting the difficulty with the old printer they have. She suggested that this would be recycling the equipment to a good use. She stressed that staff should consider trying to place the equipment in places of benefit, such as Senior Center. Information/Communications Manager Dennis thanked Mrs. Boice for the suggestion and indicated that staff does look to recycle operable equipment; however this was primarily scrap equipment. He commented that if a printer does not pull paper or print properly, it would still need to be maintained by the City wherever it was place. He noted that the suggestion would be honored when there was functional equipment. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DISPOSAL OF SURPLUS COMPUTERS AND ELECTRONIC EQUIPMENT AS REQUESTED. 10. Legal Services Contract — Steve Filarsky. (17:68.1) Vida Boice, 19 Ponte Negra, indicated that this name was not familiar to her and questioned the purpose of the item. City Attorney Leibold clarified the recommendation for a Professional Services Contract. Mrs. Boice Page Twenty -Seven — City Council Minutes — September 14, 2004 questioned who Mr. Filarsky was. City Attorney Leibold indicated that he specialized in municipal employment and personnel matters; and noted that she did not have that expertise in her firm. Mayor Buckley noted that there would be no ongoing costs. Councilman Hickman noted his understanding from the earlier discussion that this was to assist the City in personnel issues. He suggested adding "City Council" rather than just the City. City Attorney Leibold clarified that the City Council is the voice of the City, and the services would be provided to the Council as the City representatives. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONTRACT WITH STEVE FILARSKY AND AUTHORIZE THE MAYOR TO EXECUTE THE CONTRACT. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:57 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:02 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Donald Ash, 1131 Mill Street, addressed the issue of houses on the floodplain. He noted that he was a Director of the Water District at the time the plan was pushed through to stabilize the Lake. He indicated that he objected to the Lake Management Plan and suggested that it was a real estate scheme to allow houses to be built. He suggested if that was the intent they should have been honest with the community; and noted that there was not even a vote of the people, because the Water District wanted to push it through. He noted a report on the plan from an engineering firm that reported there would be no houses in the floodplain and it would only be used for recreation and agricultural purposes. He further noted that there was later an agreement with a developer to put houses in the floodplain, followed by a lawsuit and yet another developer intending to build houses. He Page 'Twenty -Eight — City Council Minutes — September 14, 2004 commented that the Council recently accepted the plan, so now the community was stuck with houses in the floodplain. He reiterated that there were to be no houses in the floodplain. He questioned the way the City Council was operating, and suggested that it was not doing the City any good. Carol Gordon, Senior Code Enforcement Officer, noted that as a long time City employee she remembered what it was like before this City Manager. She noted that there were hopes that Lake Elsinore would take off like Temecula, and it had done so. She indicated that she was thrilled to be part of the major changes, and attributed the successes to "the man at the wheel ". She expressed wishes that she and other employees could continue to work under the City Manager's support and guidance. Matt Pressey, Administrative Services Director, indicated that the most important aspect of research for employment, was who his boss would be. He commented that he chose Lake Elsinore for the rich history, beautiful community and scenery, the team approach and the City Manager. He noted that the City Manager was spoke of highly, and after having worked with him extensively had seen him from both sides. He noted that he had worked for eleven different cities, three as an employee; and has seen a lot of City Managers. He indicated that Mr. Watenpaugh was one of the best due to his corporate history, character, honesty and fairness. He noted that all of the staff respects him and he had only heard positive comments about him. He indicated that as a department head he wanted to share in the concern for the direction of the City; and noted that he saw a bright future, with a Council serving the best interest of the City. He indicated that in his opinion it would be a great loss if the City Manager's contract was not renewed. He commented that in response to the direction given to the City Manager by the Council, he was responsive and worked to see those directions fulfilled. He noted that he takes the direction in an assertive manner, delegates and holds staff accountable. He commented that Mr. Watenpaugh meets with the public, returns calls and has an open door. He stressed that this was not a decision to be taken lightly and expressed belief that the best interests of the City would be considered. Edith Stafford passed on her comments. Page Twenty -Nine — City Council Minutes — September 14, 2004 Ron LaPere passed on his comments. Lt. Col. Paula Graver, 117 Poe Street, noted an e-mail that reminded her of what she told her son about war in 1984 or 1985. She read the e-mail comparing a neighborhood to the events in the world. She commented that she appreciated the prayers and good wishes, noting that her son was shot in shoulder and recuperating in Texas. Tim Fleming, 17970 Lakeshore Drive, noted that he has been a resident of Lake Elsinore for over ten years, and saw it as a management run City. He thanked the new Council majority for taking the control back and making decisions for the citizens. CITY MANAGER COMMENTS City Manager Watenpaugh commented that he had thought long and hard about his comments and addressed the following: 1) Commented Paula Graver on her presentation. 2) Noted that he respected the position of the Council, but challenged the community to support them. He noted that the majority of the voters do not show up at meetings or care about what happens. He indicated that most do not take the time to show up. He advised that he was comfortable with the Council's action this evening, and was proud to be part of the staff. He thanked everyone for the comments this evening and challenged the businesses to step forward and become part of the community. He indicated that there were only three people that got up and made positive comments on how the issues should be addressed; and Mr. Harvey Ryan had suggested how to deal with issues. He commented that he wished the residents would be supportive of the Council, as they are in office and deserve to hear from everyone. He stressed that the Council had a right to know the peoples' thinking. He indicated that the Council was doing Page Thirty — City Council Minutes — September 14, 2004 the best they could with the input they were receiving to make the tough decisions. He stressed that the Council was trying to raise the bar beyond the accusations and threats that became press and overshadowed the positives. He stressed the need to stop the negative and move forward; and expressed appreciation for the opportunity and challenges. CITY ATTORNEY COMMENTS No Comments. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS INIT • I CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Requested that staff take a look at the policy on Street Sweeping and Citations, noting that he receives a lot of comments that the signs mark the time, but when the sweeper had gone by they were still receiving citations. He questioned the ability to change that policy, noting that the purpose of the program was to clean streets, not exact citations. Councilman Hickman commented on the following: 1) Concurred that it would be appropriate to look into the Street Sweeping citations. Page Thirty -One — City Council Minutes — September 14, 2004 2) Noted that those interested in assisting with holiday meals for the needy contact Ron Hewison at 471 -1013. He explained that they were attempting to coordinate the efforts of the various groups. He noted that clothing and shoes were available for kids from HOPE, but a referral was needed from community connections. 3) Announced the September 16th meeting to be held in the Cultural Center regarding the Riverside /Orange County Road Study. Mayor Pro Tem Kelley commented on the following: 1) Thanked everyone who turned out for the Music with a View series, and commented that she appreciated the support. Councilman Schiffner commented on the following: 1) Noted the meeting on the new route for Orange County and explained that right now it was in the 18 month study period. He advised that they were looking at the area from the Ortega Highway to the 91 freeway, at four possible locations. He indicated that an EIR was required for each area, so they were breaking it down to the four routes, as the whole area would be too extensive. He explained that the process was underway to make determinations. He advised that this meeting was one of many around Western Riverside County to gain public input, and noted that meetings would be held in both counties. He encouraged participation in the meeting. He noted that while the discussions were occurring soon, it would still require a concerted effort to move forward and proceed with the project. 2) Noted the Closed Session discussion as described and indicated that he was in favor of continuing to keep the City Manager, as he believes the majority of the businesses have respect for him. He further noted that the elected officials in other cities also respect him, as he has heard from many of them. He requested that the public Page Thirty -Two — City Council Minutes — September 14, 2004 with a feeling on this matter come forward and make these feelings known. He noted the options and stressed the importance of everyone providing their opinions. He indicated that he did not want the City run by a few naysayers that approve of nothing. He encouraged the public to come out and address the item. Mayor Buckley commented on the following: 1) Reminded the community of the Trauma Intervention Casino Night. 2) Reminded the community of the fundraiser for Nico Williams and indicated that tickets were available. 3) Reminded the public of the September 16th meeting from 6:30 to 8:30 and noted that it would be a scoping session to look at possible plans. He encouraged everyone to support building the road in Lake Elsinore. 4) Announced the following upcoming events: September 18 — Familia Celebracion September 25 — Free Fishing on the Lake October 2 — City -Wide Clean up from 7 a.m. to 1 p.m. for household debris and bulky items. October 2 — Household Hazardous Waste Disposal October 3 — Open Air market October 4 — Woman's Club Rummage Sale 5) Advised that there would be coffee available every day at the Senior Center until 11 a.m. 6) Noted that this meeting had the potential to be rather long, and thanked everyone for maintaining decorum. Page Thirty -Three — City Council Minutes — September 14, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:31 P.M. THOMAS BUC Y, MAYOR CITY OF LANE ELSINORE ITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, SEPTEMBER 28, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pro Tem Kelley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION. Significant exposure to litigation pursuant to subdivision (b) (3)( C ) of Gov't Code Section 54956.9 (2 Cases). (17:40.1)(X:52.1) City Attorney Leibold announced the Closed Session discussion as listed above, noting that one of the above listed cases was no longer anticipated litigation, as a petition had been filed. Page Two — City Council Minutes — September 28, 2004 THE REGULAR CITY COUNCIL MEETING WAS CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:10 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Me] Mayor Pro Tern Kelley reconvened the Regular City Council Meeting in public session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Administrative Services Director Pressey. INVOCATION - MOMENT OF SILENT PRAYER Mayor Pro Tern Kelley led the audience in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: BUCKLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Lt. Anderson, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. Page Three — City Council Minutes — September 28, 2004 PRESENTATIONS /CEREMONIALS A. Proclamation - Eagle Scout Matthew Dobler. (F:122.1) Mayor Pro Tern Kelley called Matthew Dobler forward for presentation, and noted that it was a pleasure to be able to present Eagle Scouts with Proclamations. She read and presented the Proclamation to Mr. Dobler and expressed appreciation for his contributions as an Eagle Scout and to the community as role models for youth. Mr. Dobler thanked the Council for this recognition and indicated that it was an honor to attend this meeting. He noted that a lot of energy and assistance were provided by a variety of people to assist them, and thanked them for their assistance. B. Proclamation - Eagle Scout Joshua Romero. (F:122.1) Mayor Pro Tern Kelley called Joshua Romero forward for presentation, and noted that it was an even greater pleasure to present this recognition to one of her former 0 Grade students. She read and presented the Proclamation to Mr. Romero. Mr. Romero thanked the Council for this recognition. C. Proclamation - National Breast Cancer Awareness Month. (F:122.1) Mayor Pro Tern Kelley called Rosa Olaiz forward for presentation. She read and presented the proclamation to Ms. Olaiz. Ms. Olaiz presented the Council with a Certification of Appreciation, and thanked the City Council for this recognition. She noted the upcoming volunteer recognition event on October 1" with over 100 volunteers being recognized. Mayor Pro Tem Kelley noted her loss of a loved one to cancer and emphasized the importance of seeking all possible treatment. D. Presentation - Lake Elsinore Little League. (F:56.1) Mayor Pro Tern Kelley recognized Linda Shurluff and Tatiana Roach and invited them to the podium. Ms. Shurluff indicated that she was the new Page Four — City Council Minutes — September 28, 2004 president for Lake Elsinore Little League, a group of which she had been part of for eight and a half years. She presented the new logo and noted the City's contributions to that logo. She presented team jackets and caps to Teri Fazzio, Dave Sapp and Jon Fazzio for their assistance. She noted the success of last year's team and noted that they look forward to having a challenger division for severely handicapped kids. She further noted that she was working with Recreation and Tourism Manager Fazzio on possible grant funding. She thanked the City Council for their new snack bar facility, and introduced Tatiana Roach, the auxiliary mom working on the project. Ms. Roach commented that the snack bar would be started within 30 days, and completed within 90 days. She noted the location of the facility and indicated that they would love to have the public come and see the finished product. She indicated that they were still looking for sponsorships and detailed the various levels available. She advised that interested parties could call (951) 805 -6460 for more information. She encouraged the public to come out and see them play. Community Services Director Sapp thanked the group on behalf of City staff, and noted that as a Little League parent he understood the sacrifices they made on behalf of their children. Mayor Pro Tern Kelley thanked them for their presentation. e. Presentation - Lenue of California Cities Conference. (F:108.8) Councilman Hickman highlighted the Annual Conference, with the theme United We Stand. He explained that the intent was to push hard for Proposition La., which required 51% of either the Senate or the public to pass. He indicated that the second issue they pushed was Proposition 65 which requires a 2 /3rds vote of the Senate to take City funds. He advised that he attended several classes and there was a great deal of discussion on the financial status of the State and the compromises that were made. He advised that he also attended a class on the future of government finance, and stressed that the State deficit was a big problem for the cities, but the pending Proposition should help. He commented that it was interesting to note that the special interest group opposed all fiscal reforms. He stressed the importance of a strategy for grant funds, and suggested having one Page Five — City Council Minutes — September 28, 2004 person to write the grants. He noted that if there was an application for a grant, there was a program officer that could keep the City updated on the City's score and provide a copy of the winning grant. He commented on the quality of housing and affordable prices with manufactured homes; and commented that it was not possible to put up tracts of manufactured homes. He indicated that the benefit was for the City was in single City lots. He noted that he also attended sessions with the State officials running for office, the new officers for the League and the general session. He indicated that Councilmember Schiffner, Mayor Buckley and Planning Commissioners Uhlry and O'Neal also attended the Conference. He commented that the Conference was beneficial for everyone and noted that he carried the flag for the City. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Lt. Col Paula Graver, 117 Poe Street, noted the Support Our Troops Rally group and thanked those who contributed to the gift packages. She thanked the community for the prayers for her son, and reminded the public that they were still having rallies every Saturday form 10 a.m. to 2 p.m. at Bulger King. She commented that she had a new partner in the Support Our Troops Rallies, being Wanda Abbott, and encouraged prayers for her. She also thanked everyone that honks or waves at the weekly rallies. Pat Clary and Dori Dixon, representing the Rotary Club, announced the Second Annual Art and Wine festival, and noted that admission was free. They advised that the event would be held in the downtown City Park, with wine tasting by the glass or taste, with Vick Knight providing wine lessons. They also noted that there would be microbrewery products, food, and sodas. They indicated that there would be entertainment by Temescal Canyon High School Jazz Band and winners of a music competition, as well as the Ginger Jackson Band. They commented that there would be over 25 art vendors, and art contest and horseshoe contest. They detailed the event sponsors and invited everyone to attend on October 9th. Kathy Annol, representing the Unity in the Community parade committee, thanked the City Council for allowing them to hold the parade on November 20`". She Page Six — City Council Minutes — September 28, 2004 advised that this year the theme was Celebrating Diversity and Tolerance in education. She further advised that the parade would follow the same route as last year, and looked forward to the City's entry in the parade. She thanked Community Services Director Sapp, Recreation/Tourism Manager Fazzio and Parks /Open Space Manager Fazzio for their assistance with the parade. She noted that they had agreed to set up barricades and traffic signs. She further noted that they already had more than 20 entries. She indicated that anyone with questions could call either (951) 674 -8423 or (951) 674 -4228. George Alongi indicated that he was upset a few weeks ago when a high level staff member was attacked. He indicated that he did not know why Councilman Magee had not called for a point of order. He advised that he was most concerned that it was an assault upon the dias, because a citizen did not agree with what was said. He commented that he was also concerned that staff had approached an elected official, as they should be free to voice their opinions. He stressed the meaning of democracy, and indicated that he felt that person should be dealt with and it should not be handled lightly. Vida Boice, 17 Ponte Negra, directed her comments to Councilman Schiffner, and expressed concern with traffic. She noted that she had mentioned this issue before, but looked at the traffic study for the Condominiums on the Internet. She indicated that it was a nice study, but there continues to be problems on Railroad Canyon Road. She noted that the newspaper had comments about work on Bundy Canyon Road, and questioned why it would have a preference over Railroad Canyon. She questioned the impact of the back basin development on the existing traffic problems; and inquired how the process could be sped up to resolve the safety hazard. She noted that it was even difficult for emergency vehicles in the area. She stressed that a solution 25 years from now was not adequate, as something needed to be done right away. Councilman Schiffner responded to Ms. Boice, noting that the City began a study on the area about four years ago, with nine different designs being submitted to the State. He explained that Caltrans took three years to get back on which ones they would like or not like. He further explained that the staff had been negotiating for Page Seven — City Council Minutes — September 28, 2004 about two years to find a design they would be interested in. He indicated that about 3 to 4 months ago, they City got four alternate designs they would accept; and a contract was just done to have a group do the cost estimates and recommend one. He expressed hopes that it would ultimately be one the State would accept. He noted that he even made a modification on one design and submitted it, based on his past work in the field and input into the process. He advised that was the current situation, and stressed the number of people and amount of time involved in the approval process. He indicated that when a decision was made, it would be at least a year to do the design work, and that would not even address where the money would come from. He stressed the time and money spent so far, and indicated that there were hopes that the back basin project construction would pay approximately $10 million into the TUMF fund, which could be allocated to that specific intersection. He indicated that he did not agree with the Bundy Canyon work, and noted that the County was trying to force the City to spend money on that project. He noted that while there was disagreement between the City and County, they had hired the same traffic engineer to address the situation. He stressed that he understood the concerns and reiterated that work had been ongoing for a long time, but noted that it would probably still be a long time for the acquisition and construction. He suggested that it would get worse before it got better. Councilman Hickman noted that the City kicked in about $800,000 to get another lane under the bridge, and another right turn lane on Grape Street. Councilman Schiffner noted that there was a limitation on how much the City could spend in advance without kicking the project into another category with Caltrans. David Cooper, 29300 Riverside Drive, noted that after Councilman Schiffner's comments he had changed his comments for tonight. He addressed the back basin project lawsuit by the County and suggested that the City did not need another lawsuit. He suggested that the homes in the back basin would make the gridlock worse. He indicated that Murrieta and Temecula Councils were very unpopular due to the traffic issues. He questioned the Council wanting all the new homes and more traffic problems. Page Eight — City Council Minutes — September 28, 2004 Leslie Costello & Vida Boice, 15 and 17 Ponte Negra, addressed the Council and Chief of Police. They indicated that there was an issue that was unresolved for two years, being the problem of illegal dirt bikes and quads on the streets and hillsides of Tuscany Hills. They commented that this was a cancer on the area. They noted that the riders began at 6:45 a.m. on Sunday Mornings, and have no regard for anyone's peace and quiet. They indicated that they had contacted the police and Mayor Buckley. They noted that the off -road vehicle police had tried to do something, but when she called the police, things quieted down for a few days. They indicated that they would like to know if something more permanent could be done. Mayor Pro Tem Kelley deferred to the Police Chief, and noted that they had the same problem in her area. Ms. Costello suggested permanent barriers. CLOSED SESSION REPORT City Attorney Leibold announced that the Council met in Closed Session for discussion of two cases, one anticipated litigation, and the second a CEQA petition filed by the County of Riverside, Lake Elsinore Citizens Against Gridlock and Edith Stafford. She advised that there was no reportable action on either item. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following item and deferred to that discussion: Item No. 21. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: Page Nine — City Council Minutes — September 28, 2004 A. Joint Study Session - August 10, 2004. B. Joint Study Session - August 24, 2004. C. Regular City Council Meeting - September 14, 2004. (F:44.4) 2. Ratified Warrant List for September 15, 2004. (F:12.3) 3. Authorized City Manager to Approve an Agreement with The Planning Center to Prepare CEQA Compliance Documents for Tentative Tract Map No. 31957. (F:68.1)(X:160.2) 4. Adopted Resolution No. 2004 -61, correcting the Original Report to Council dated June 22, 2004 setting the Appropriations Limits for Fiy 2004 -05 at $36,960, 082, as required by Proposition 4. (17:30.1) RESOLUTION NO. 2004-61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004 -05 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. Authorized City Manager to execute the agreement with American Asphalt South, Inc., to provide Slurry Seal Street services in the amount of $219,923.48. (17:68.1)(X:156.1) 6. Approved the transfer of $25,740 from the unallocated revenue to fund the Over Seeding of Parks. (F: 114.1)(X:30.1) PUBLIC HEARINGS 21. Zone Change No. 2004 -09 Tentative Tract Map No 31792 and Mitigated Negative Declaration No. 2004 -06 - Wasson Canyon Investments L.P. — Page Ten — City Council Minutes — September 28, 2004 Southeast of Highway 74, Northeast of Interstate 15, and East of the Intersection of Conard Avenue and Third Street. Resolution No. 2004 -62 and Ordinance No. 1128. (F:160.2) Assistant City Manager Best noted the location of this project. Community Development Director Brady detailed this project and the components presented for consideration. He explained that the request would divide 59 acres into 191 single family lots. He clarified that it was adjacent to the Ramsgate/Rosetta Canyon project. He advised that only four lots were as small as 6,000 square feet in the tract. He noted discussion of improvements to Conard and Third Streets, and indicated that they were also required to pay fees under the Quimby Act for the installation of parks. Mayor Pro Tem Kelley opened the public hearing at 7:45 p.m., asking those persons interested in this item to speak. The following person spoke: Ed Fitzpatrick, Director of Development, noted that the project had been before the City for a long time, as it was first approved in 1990, but slowed by the recession. He indicated that there had been a CFD for improvements that was funded and then debunked; so there was presently an agreement for reimbursement on the project. He noted that there were other representatives present to answer questions. Bruce Eichorn indicated that he had owned property in the area for over 35 years. He expressed concern that there was a CFD for over $4 million spent on the project, but the public improvements were sold off in a foreclosure sale. He commented that he was not sure that was a legal action, and noted that there were other problems with the map. There were no further public comments. City Treasurer Weber noted the Council meeting of March 23, 2004, and Page Eleven — City Council Minutes — September 28, 2004 indicated that $151,000 was payable to the City at the approval of the first tract map. He questioned if the money was received. Administrative Services Director Pressey indicated that it had not been received to his knowledge; but if that was correct he would be following up with them. Mr. Weber stressed that the requirement was within 24 months or upon approval of the first tract map. Community Development Director Brady indicated that the money was in escrow at this point. Councilman Magee clarified that the trigger for payment was the approval of the map, and that was the consideration currently before the Council. He indicated that he had several questions at 4 p.m., but pointed out that this developer had resurrected a specific plan from the 1980's, in which lot size of 4,000 would have been allowed, but the average was now in excess of 8,000. He stressed that they had responded to market conditions, Council desires and a commitment to bring a high quality product. Councilman Schiffner noted the additional changes in conditions presented, which should be included in the approval, as requested by the developer. Councilman Hickman indicated that he felt this project was dealing the City out of a mess. City Attorney Leibold noted that there was several actions to be taken and detailed them. Mayor Pro Tem Kelley closed the public hearing at 7:53 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY -UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2004-62. RESOLUTION NO. 2004-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE Page Twelve — City Council Minutes — September 28, 2004 DECLARATION NO. 2004-06 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO. 2004 -099 AND TENTATIVE TRACT MAP NO. 317929 ON APPROXIMATELY 59.4+ ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330-0451-0469 - 050 THRU -053; 347- 330 -019; 347 - 360 -0039 -004 AND -005. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1128, APPROVING ZONE CHANGE NO. 2004-099 UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-09, CHANGING THE ZONING DESIGNATION FROM "RR - RURAL RESIDENTIAL" TO "R -1- SINGLE FAMILY RESIDENTIAL" UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31.25+ ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347 - 330 -0199 -0459 - 046, -050 THRU -053. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: BUCKLEY Page Thirteen — City Council Minutes — September 28, 2004 ABSTAIN: COUNCILMEMBERS: NONE MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE TENTATIVE TRACT MAP NO. 31792, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A, B AND D. AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL AS AMENDED: Findings for Mitigated Negative Declaration No. 2004 -06: Through development of the proposed project, the immediate natural environmental will change from a natural setting to a suburban one. This change is not necessarily considered a substantial, nor significant degradation to the environment. The project will not substantially reduce the habitat of a fish or wildlife species, nor will it cause a population to drop below self - sustaining levels. The project will not eliminate a plant or animal community, nor reduce the number or range of a rare or endangered plant or animal. The site contains no known historical resources. 2. The proposed project has individual impacts that can be mitigated to below the level of significance. The project's contribution to cumulative noise impacts are insignificant when considered in light of the contribution to traffic noise resulting from projects within the vicinity. No considerable cumulative impacts will occur as a result of the proposed project. 3. Based upon current knowledge as to the nature of the proposed project, the Initial Study does not identify any potential adverse effects on human beings. Findings for Zone Change No. 2004 -09: The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, (2) injurious to property or improvements in the neighborhood or within the City. Page Fourteen — City Council Minutes — September 28, 2004 a. The proposed zoning of R -1 Single Family Residential brings the entire site into conformance with the General Plan designation already on the property of Low Medium Density Residential, 6 dwelling units per acre. b. The proposed zoning of R -1 Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. c. The proposed R -1 zone provides development standards that protect the public healthy, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. d. The project site constitutes an island of existing RR — Rural Residential zoning, between the residential uses in the Ramsgate Specific Plan, R -1 zoning to the south, and existing residential neighborhoods to the west. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R -1 zoning is consistent with the existing General Plan designation of Low Medium Density Residential, 6 dwelling units per acre. Findings for Tentative Tract Map No. 31792: 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the subdivision and density of 3.22 dwelling units per acre are consistent with the proposed General Plan designation of Low Medium Density Residential, up to 6 dwelling units per acre. Page Fifteen — City Council Minutes — September 28, 2004 b. The project proposes single family residential lots ranging in size from 6,000 square feet to 15,700 square feet, which meet the R -1 zoning minimum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the adjacent Ramsgate Specific Plan. b. The map provides open space areas that protect the natural topography and views. 3. The effects that 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. a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. Page Sixteen — City Council Minutes — September 28, 2004 a. An Initial Study was prepared for this project which identified potentially significant environmental effects, but proposals made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. b. There is no substantial evidence that the project may have a significant effect on the environmental. c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 31792 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 31792 is conditioned to comply with all development standards of the R1 Single Family Residential Zone. These standards are in place to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 31792. b. The adjacent property owner to the west requested access through Tentative Tract Map No. 31792. This map has been designed with "G" Street to stub at the westerly boundary, thereby allowing this connection. c. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. Page Seventeen — City Council Minutes — September 28, 2004 Conditions of ADDroval for Tentative Tract Mau No. 31792 PLANNING DIVISION Tentative Tract Map No. 31792 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 (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 31792 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 Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 31792, which action is brought 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. The City intends to file a Notice of Determination with the Riverside County Clerk's office within five business days from the approval of this map by the City Council. The applicant shall forward to the Planning Department secretary, a check made payable to the Riverside County Clerk, in the amount of $1,314.00 to pay for the cost of such filing. This check shall be received by the secretary no more than 48 hours from the approval by the Council. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. 6. The applicant shall comply with the Mitigation Monitoring Program (MMP) adopted for this project, as printed with the adopted Initial Environmental Study/Mitigated Negative Declaration No. 2004 -06. Page Eighteen — City Council Minutes — September 28, 2004 7. The applicant shall fund the implementation of the MMP through every stage of development. The City shall appoint an environmental monitor who shall periodically inspect the project site, documents submitted by the applicant, permits issued by the City, and any other pertinent material, in order to monitor and report compliance with the MMP, until the completion of the project. 8. Construction on the property is subject to the terms and conditions of the Land Development Agreement executed by the City and Wasson Canyon Investments, L. P., and as amended. PRIOR TO FINAL TRACT MAP: 9. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated October 20, 2003 attached. 10. The Elsinore Valley Municipal Water District requires that the applicant construct facilities per the District approved Master Plan. 11. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 12. All lots shall comply with the minimum standards of the RI Single Family Residential zone. a. Corner lots shall have a minimum 7,700 square feet. Lots 109 and 110 shall be redesigned to meet this requirement. b. All lots shall be a minimum 6,000 square feet. Lot 68 shall be redesigned to meet this requirement. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 15. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. Page Nineteen — City Council Minutes — September 28, 2004 16. The applicant shall initiate and complete the formation of a homeowners' association (HOA), and provide to the City for review and approval Covenants, Conditions and Restrictions (CC & R's) for said homeowners' association. The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. a. All HOA documents shall be approved by the City and recorded, such as the Articles of Incorporation and CC &Rs. b. CC &Rs shall prohibit on- street storage of boats, motor homes, trailers, and trucks over one -ton capacity. C. CC &Rs shall prohibit roof - mounted or front -yard microwave satellite antennas. 17. All lettered lots shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map, and until such time as a lot line adjustment is recorded removing a lettered lot from the boundaries of Tentative Tract Map No. 31792. 18. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements or designated Open Space lots. All HOA Maintenance Easements and Open Space lots shall be planted, irrigated and maintained by the HOA. a. The downslope in Lot 3 shall be HOA maintained, unless a lot line adjustment is recorded removing the area comprising Lots 1 through 3 and the half width of "G" Street from the boundaries of Tentative Tract Map No. 31792. 19. Prior to Final Map the applicant shall rename one of the streets both identified as "G" Street on the tentative. PRIOR TO GRADING AND BUILDING PERMITS: 20. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. A Fuel Modification Plan shall be submitted to the Community Development Department for review and approval prior to the issuance of a building permit, and the Fuel Modification Plan shall be implemented prior to issuance of a Certificate of Occupancy for homes adjacent to the Plan area. 21. Construction shall be restricted until primary and secondary access roadways have been constructed through adjacent subdivisions to the site, namely "J" and "I" Streets in Tract Page Twenty — City Council Minutes — September 28, 2004 25478 to Rosetta Canyon Drive, "O" Street in Tract 25478 to Rosetta Canyon Drive, and Rosetta Canyon Drive from "I" Street through Tract 25479 to Highway 74. 22. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 23. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval #22, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #22. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 24. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 25. All storm drains which qualify for maintenance by the Riverside County Flood Control and Water Conservation District are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 26. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with City Standards. 27. The applicant shall meet all requirements of the providing electric utility company. 28. The applicant shall meet all requirements of the providing gas utility company. 29. The applicant shall meet all requirements of the providing telephone utility company 30. A bond is required guaranteeing the removal of all trailers used during construction. Page Twenty -One — City Council Minutes — September 28, 2004 31. All signage shall be subject to Planning Division review and approval prior to installation. 32. Landscape Plans for the tract shall include vegetative screening of all retention basins. 33. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. PRIOR TO DESIGN REVIEW: 34. All future structural development associated with this map requires separate Design Review approval. 35. Elevation drawings for Design Review shall include four -sided architectural features. 36. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 37. A detailed fencing plan shall be required for review and approval during the Design Review process. 38. A detailed construction phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. C. Construction phasing plans shall be designed to avoid construction traffic from entering occupied neighborhoods within the tract. ENGINEERING DIVISION Page Twenty -Two — City Council Minutes — September 28, 2004 39. Dedicate and improve full -width street cross sections of all local roadways. Street cross section G, H, I and a portion of C shall be 36 -feet curb to curb on 50 -feet of right -of -way. Street cross section A , B, D, E, F, J, and a portion of C shall be 40 -feet curb to curb on 60 -feet of right -of -way. 40. Drainage from Lots B, C, D, E, F, G, I, J and K as well as the slope shared with adjacent tract 25478 shall be conveyed to the public right -of -way either directly or through a drainage easement. Otherwise, drainage acceptance letters shall be obtained in accordance with Condition No. 82 herein. 41. Show cross section along tract boundary with existing tract. 42. Roadway connections between streets A, D, E, G and H and the corresponding existing roadway shall be consistent with City standards for alignment, slope and cross -fall. 43. Provide notarized letter granting permission to construct improvements proposed on adjacent property from the affected property owner. 44. Storm flows conveyed off -site shall be consistent with the pre - developed volumes and mitigated for erosive velocities. Diversion of storm flows shall not be allowed unless otherwise approved by the City Engineer. 45. Street lights shall comply with the Mount Palomar Lighting Requirements. 46. Graded slopes shall not exceed a 2:1 ratio unless otherwise authorized by the City Engineer. 47. 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. 48. Underground water rights shall be dedicated to the Elsinore Valley Municipal Water District (EVMWD) as required by the terms of all Will Serve letters issued by EVMWD. 49. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 50. 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. 51. Construct all public works improvements per approved street plans (LEMC 12.04). Plans Page Twenty -Three — City Council Minutes — September 28, 2004 must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 52. 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). 53. 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. 54. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 55. 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). 56. 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. 57. The applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 58. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 59. 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. 60. Provide fire protection facilities as required in writing by Riverside County Fire in their transmittal dated October 20, 2003 attached. 61. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 62. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 63. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. Page Twenty -Four — City Council Minutes — September 28, 2004 64. 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. 65. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 66. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 67. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 68. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 69. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site unless previously performed by the underlying development. In the event the project is outside the study area, a stamped letter from a Licensed Geologist or Geotechnical Engineer. 70. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 71. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 72. 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. 73. On -site drainage facilities located outside of road right -of -way should be contained within Page Twenty -Five — City Council Minutes — September 28, 2004 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 ". 74. 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. 75. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 76. Meet all requirements of LEMC 15.68 regarding floodplain management. 77. In accordance with the Lake Elsinore Municipal Code, the applicant may provide documentation relieving them of the need for FEMA elevation certificates, and request that this condition allow such relief. The applicant shall provide FEMA elevation certificates prior to certificates of occupancy, if required by FEMA regulations. . 78. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District in the event that any storm drain facilities qualify for their maintenance, prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 79. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 80. 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. 81. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 82. Ten -year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 83. A drainage acceptance letter will be necessary from the adjacent downstream property owners for outletting the proposed non - historic storm water run -off on adjacent private property. Where outletting non - historic storm water run -off at quantities of flow less than historic storm water run -off onto adjacent private property, such acceptance letters shall not be required. 84. Applicant will be required to install BMP's using the best available technology to Page Twenty -Six — City Council Minutes — September 28, 2004 mitigate any urban pollutants from entering the watershed. 85. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 86. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 87. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 88. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 89. 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. 90. The project shall comply with the mitigation measures recommended by the Traffic Impact Analysis for Tentative Tract Map No. 31792 conducted by Urban Crossroads, Inc. and dated January 13, 2004. a. Additionally, the project shall improve Conard Avenue from Third Street to Central Avenue by installing sidewalk, curb and gutter, and A.C. paving as needed on both side of Conard Avenue. Page Twenty -Seven — City Council Minutes — September 28, 2004 b. Additionally, a traffic signal shall be constructed at the intersection of Central Avenue and Conard Avenue before occupancy of the 20th housing unit if the signal has not been installed by others. This Condition is subject to approval of CALTRANS for the installation of the traffic signal. If CALTRANS determines there are not sufficient warrants for this traffic signal at the time of building permit issuance, the developer shall post securities in the amount equal to the cost of signal design and construction, until warrants are met, at which time the signal shall be constructed. c. The developer will be responsible for the signal costs in addition to TIF and TUMF fees. The City agrees to enter into an agreement with the developer for reimbursement of the fair share portion of said cost attributable to other future development within the City which can be demonstrated will impact the intersection of Conard Avenue and Central Avenue. COMMUNITY SERVICES DEPARTMENT 91. The applicant shall pay park mitigation fees of $1,600 per lot, totaling $305,600 for the project, or contribute an equal amount to the construction of Rosetta Canyon Park. The developer shall pay such fees at the time of the issuance of building permits on a unit by unit basis, unless the lots for which building permits are being requested are already included in a City- sponsored Community Facilities District or Assessment District which covers the cost of said fees. 92. The HOA shall maintain all retention areas, drainage facilities and catch basins. 93. The HOA shall maintain all manufactured slopes, landscaping and trails if any, located within the open space lots or in the public right -of -way. 94. The HOA shall maintain all entry landscaping, parkways and open space. 95. No park credits shall be given for mitigation of retention areas. 96. All street intersections shall be constructed with concrete ribbon gutters for nuisance and storm water flow control. 97. The developer shall adhere to all City ordinances as they relate to recycling of construction debris and removal. 98. The developer shall provide the City with a digital inventory on all streets, street signs, Page Twenty -Eight — City Council Minutes — September 28, 2004 street markings, and street trees in a format acceptable to the City. ADMINISTRATIVE SERVICES DEPARTMENT 99. Prior to issuance of the first building permit, the developer shall annex into Community Facilities District No. 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 100. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 22. Tentative Parcel Map No. 32575 -Alicia Graff. (F:110.2) Community Development Director Brady explained this item and noted that the average lot size was 'h acre. Mayor Pro Tern Kelley opened the public hearing at 7:55 p.m., asking those persons interested in this item to speak. There were no requests to speak from the audience. Donald Ash, 1131 Mill Street, indicated that the Council seemed to feel that every project should be approved. He stressed the problems of development and suggested that they were not being considered. He stressed that the Council was not facing the traffic issues. Councilman Magee responded to Mr. Ash and noted that this project was four lots with '/z acre residential parcels with full improvement of the access road. He indicated that he did not consider the impacts substantial and he felt it was creating a nice equestrian area. Mayor Pro Tern Kelley closed the Public Hearing at 7:57 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO APPROVE Page Twenty -Nine — City Council Minutes — September 28, 2004 TENTATIVE PARCEL MAP NO. 32575 BASED ON THE FOLLOWING FINDINGS AND EXHIBIT A; AND SUBJECT TO THE FOLLOWING FINDINGS: Councilman Hickman inquired about Larson Street, and if it was possible to do the whole street, rather than a small area. Community Development Director Brady noted that the applicant would be required to improve the road in front of the project, but the other portion would have to be a capital improvements project. Councilman Hickman requested that staff investigate including it as a capital improvement project. Assistant City Manager Best confirmed that staff would look at it. Councilman Magee suggested adding it to the unfunded capital improvement projects list. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. FINDINGS: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan, the R -1 Zoning District, Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and it will provide necessary public Page Thirty — City Council Minutes — September 28, 2004 services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. CONDITIONS OF APPROVAL 19 W.10101 RIJI W 6y [130 General 1. Tentative Parcel Map No. 32575 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Parcel Map No. 32575 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), 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 Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Creek/Summerhill Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. 4. The applicant shall deposit a check in the amount of $64.00 payable to the Riverside County Clerk. This fee is necessary for filing a "Notice of Exemption" in compliance with CEQA. Page Thirty -One — City Council Minutes — September 28, 2004 PRIOR TO FINAL TRACT MAP 5. All lots shall comply with minimum standards contained in the R -1 Zoning District. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. Street names within the subdivision shall be approved by the Community Development Director or Designee. PRIOR TO DESIGNREVIEWAPPROVAL 8. The applicant shall comply with all conditions of the Riverside County Fire Department. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 10. All future structural development associated with this map requires separate Design Review approval. 11. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 12. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. PRIOR TO ISSUANCE OF BUILDING PERMIT 13. Prior to issuance of building permit, the applicant shall submit a letter of verification (will - serve letter) to the City Engineer, for all required utility services. 14. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 15. Pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing electric utility company. 17. The applicant shall meet all requirements of the providing gas utility company. Page Thirty-Two — City Council Minutes — September 28, 2004 18. The applicant shall meet all requirements of the providing telephone utility company. 19. A bond is required guaranteeing the removal of all trailers used during construction. 20. All signage shall be subject to Planning Division review and approval prior to installation. 21. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. L&I"19LOUR19 `11201lI /6y[17L1 22. Dedicate full half -width of Larson Road on the project frontage such that the centerline of Larson to the property line measures thirty (30) feet. 23. Construct full half -width street improvements along the project frontage for Larson Road. Half roadway section shall measure twenty (20) feet from centerline of Larson to the curb face. Street improvements shall include curb, gutter, roadway, sidewalk and landscaping as required for the City standard local road. 24. Dedicate City standard cul -de -sac for `A' Court. Throat width shall be sixty (60) feet of right -of -way with a minimum thirty-six (36) foot curb to curb section. 25. Storm flows conveyed in the earthen channel shall not be altered unless approved by the City Engineer. 26. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 27. Street improvements on Larson Road shall be tapered to meet with the existing roadway. Minimum taper rate shall be 10:1. 28. Pad elevations shall be one (1) foot above the hundred (100) year FEMA flood elevation. 29. Provide slope protection along channel slopes adjacent to lots 3 & 4. Slope protection shall mitigate velocities and erosive conditions found in the approved Hydrology Report 30. Widen roadway section across drainpipes and extend the drainpipe and inlet structure to Page Thirty -Three — City Council Minutes — September 28, 2004 accommodate the widened roadway section. Roadway half -width shall be twenty (20) feet centerline to end of pavement. Traffic safety device shall be installed across storm drain pipe. 31. Improve access to multi -use trail by installing a method of containing gravel while maintaining All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 32. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 33. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 34. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 35. 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). 36. 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). 37. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 38. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 %. 39. 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). 40. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 ''/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. Page Thirty -Four — City Council Minutes — September 28, 2004 41. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 42. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 43. 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. 44. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 45. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 46. 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. 47. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 48. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 49. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 50. An Alquis -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 51. All grading shall be done under the supervision of a geotechnical engineer and he shall Page Thirty -Five — City Council Minutes — September 28, 2004 certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 52. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 53. 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 ". 54. 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. 55. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 56. Meet all requirements of LEMC 15.68 regarding floodplain management. 57. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 58. 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. 59. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 60. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 61. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 62. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. Page Thirty -Six — City Council Minutes — September 28, 2004 63. 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. 64. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 65. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 66. 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. 67. 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. ADMINISTRATIVE SERVICES DEPARTMENT 68. Prior to the issuance of the first building permit, the applicant shall annex into Community Facility District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 69. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaping areas to be maintained by the City and for street lights in the pubic right -of -way for which the city will pay for electricity and a maintenance fee to Southern California Edison. 33. Tentative Condominium Man No. 32670 & Residential Design Review No. 2004 -10 - D.R. Horton. (F:138.2) Page Thirty -Seven — City Council Minutes — September 28, 2004 Community Development Director Brady explained this item and detailed the items for consideration. He indicated that they would be located on Lakeshore Drive, on the site of the old driving range. He noted that this project by D.R. Horton was part of the East Lake Specific Plan area. He explained that it would be a high density project on approximately 9 -1/2 acres. He noted the exhibits presented, showing designs in the Spanish and French styles. He detailed the lot configuration, and noted that there would also be a pool, tot lots and a recreation building. Mayor Pro Tern Kelley opened the Public Hearing at 8:00 p.m., asking those persons interested in this item to speak. The following people spoke: Chris Faber, representing the applicant, 119 N. Maple Street, Suite A, Corona, noted that staff and the consultant were present to answer questions. Joseph Boice, 17 Ponte Negra, indicated that the Council had done nothing for traffic but to keep building. He suggested that there would someday be bumper to bumper traffic on Main Street. He stressed the need to make sure there was a good way out of town. He indicated that his wife moved him to Lake Elsinore and he has been sorry ever since. He commented that he saw no improvement. Dan Uhlry, Planning Commissioner, 103 Flint Street, noted that he had abstained from voting on this project. He indicated that he liked the project concept and design, but disagreed with the building and staff on the project elevation. He explained that it had been lowered to 1264', with the suggestion that there was only a two foot wave wash on the Lake. He advised that all other projects around the Lake perimeter had been established at 1265'. He expressed concern with setting a precedent; and stressed that he would like to see it remain at 1265'. Community Development Director Brady clarified the discussion about the wave wash and the flood level. He explained that the requirement was Page Thirty -Eight — City Council Minutes — September 28, 2004 1264' plus a maximum of a three foot wave wash. He indicated that there was discretion for the flood plain administrator, if information is presented to indicate that the wave run up could be lowered due to the location of the property. He noted that there was a comprehensive study required and if the engineer felt comfortable with the study findings he could change the requirements. Councilman Schiffner commented that the proposed project was a first class development, and the beginning of a completely new set of developments in the area. He suggested that it would start a trend of very upscale development in the area and indicated that he was pleased to see it go forward. Councilman Hickman questioned the concerns expressed by Planning Commissioner Uhlry; and noted that if East Lake was being held to 12671 , then this area should be held there as well. He noted that when water comes down the inflow channel, there will be greater volume. He indicated that he was also concerned about the fence and walls along the back of the project. He commented that he appreciated the six foot block wall fence, but expressed concern with the water front. He suggested a view fence of the beautiful view that would be there in the future. He stressed the 1267' elevation and requested that the developer give thought to the finished pad. Councilman Magee addressed the elevation issue and noted that only one pad would be below the 1267' at 1266.9'. He inquired of the City Engineer, if this was the case. Engineering Manager Seumalo indicated that it was at the time of the Planning Commission consideration, but noted that he had not seen the changes presented for this meeting. He clarified that the project applicant presented a wave run -up study which he reviewed and discussed with the person who did the study. He noted that the study presented three degrees of safety, and with the combination of wind velocity and a 100 year flood were unlikely. He noted that the water would be dissipated. He commented on his initial insecurity with the elevation, but explained that the study showed that the elevation could be lowered by 1.3 or 1.4 feet. Page Thirty -Nine — City Council Minutes — September 28, 2004 Councilman Magee inquired if the units at that elevation would be eligible for flood insurance. Engineering Manager Seumalo confirmed. Mayor Pro Tem Kelley closed the Public Hearing at 8:05 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE TENTATIVE CONDOMINIUM MAP NO. 32670 AND RESIDENTIAL DESIGN REVIEW NO. 2004-10, BASED ON THE FOLLOWING FINDINGS AND EXHIBITS A THRU bb, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Councilman Magee noted the concerns with the 1266' elevation and inquired if it would be possible to make the 1267' elevation, using dirt on the site. Engineering Manager Seumalo confirmed. Mr. Faber indicated that there was not enough available dirt, and they would have to import - more. Engineering Manager Seumalo indicated that if they dug the basin deeper there would be enough. Councilman Magee requested that the maker amend the motion to require all pads to be over 1267' in elevation. THE MOTION WAS AMENDED BY THE MAKER, AS REQUESTED BY SECOND TO REQUIRE THAT ALL PADS BE OVER 1267' IN ELEVATION. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT. FINDINGS — CONDOMINIUM SUBDIVISION The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project as designed assists in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and Page Forty — City Council Minutes — September 28, 2004 institutional land uses (GOAL 1. 0, Land Use Element) as well provide decent housing opportunities and a satisfying living environment for residents of Lake Elsinore (GOAL 1. 0, Housing Element) 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. Considering the effects this project is likely to have upon the needs of the region a condition of approval was implemented which would require the applicant to enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore, providing 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long -term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 3. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. The project has been adequately conditioned by all applicable departments and agencies and will not therefore result in any significant environmental impacts. GENERAL CONDITIONS I. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The applicant shall submit a money order, cashier's check or check, made payable to the County Recorder, in the amount of sixty -four dollars ($64.00) to the Planning Division within 48 hours of the approval date for the required Environmental Filing. Page Forty -One — City Council Minutes — September 28, 2004 TENTATIVE CONDOMINIUM MAP NO. 32670 3. Tentative Condominium Map No. 32670 will expire two (2) years from date of approval unless within that period of time the CC &R's and an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act. 4. The Tentative Condominium Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 5. Prior to final certificate of occupancy of Tentative Condominium Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 6. Prior to the first certificate of occupancy icsumee of a grading r°rmi', the applicant shall prepare and record CC &R's against the condominium complex. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining common areas, parking and drive aisle areas, landscaped areas including parkways, and methods for common maintenance of all underground, and above ground utility infrastructure improvements necessary to support the complex. In addition, CC &R's shall established methods to address design improvements. (Amended per the Planning Commission on September 7, 2004). 7. The applicant shall incorporate specific language into the CC &R's which restrict exiting at the secondary access to emergencies only. 8. No unit in the development shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which shall include compulsory membership of all owners of lots and/or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall permit enforcement by the Page Forty -Two — City Council Minutes — September 28, 2004 City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. Provisions to restrict parking upon other than approved and developed parking spaces shall be written into the covenants, conditions and restrictions for each project. 10. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. 11. Reciprocal covenants, conditions, and restrictions and reciprocal maintenance agreements shall be established which will cause a merging of all development phases as they are completed, and embody one (1) homeowner's association with common area for the total development of the subject project. 12. In the event the association or other legally responsible person(s) fail to maintain said common area in such a manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing, institute summary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law. 13. Each unit owner shall have full access to commonly owned areas, facilities and utilities. 14. The applicant shall continue to comply with those mitigation measures identified in the Mitigation Monitoring Program adopted with the Environmental Impact Report (State Clearinghouse No. 992092027) prepared for the East Lake Specific Plan Amendment No(s) 1 and 2. 15. The applicant shall enter into an agreement with the Redevelopment Agency to either provide affordable units in accordance with the provisions of the California Redevelopment Law, appropriate in- lieu -of fees, or a combination of both. RESIDENTIAL DESIGN REVIEW NO. 2004-10 16. Design Review approval for Residential Design Review No. 2004 -10 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 Page Forty -Three — City Council Minutes — September 28, 2004 for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 17. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 18. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 19. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 20. The architectural design of the "pump site" building shall be consistent with the condominium buildings proposed herein. 21. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 22. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 23. No exterior roof ladders shall be permitted. 24. Applicant shall use roofing materials with Class "A" fire rating. 25. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 26. 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. Page Forty -Four — City Council Minutes — September 28,2 004 27. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 28. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 29. On-site surface drainage shall not cross sidewalks. 30. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 31. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING /GRADING PERMITS 32. The applicant shall comply with all requirements established by the Multiple Species Habitat Conservation Plan (MSHCP). 33. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 34. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right -of —way, subject to the approval of the City Engineer. 35. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty -four -inch (24 ") box in size. Page Forty -Five — City Council Minutes — September 28, 2004 c) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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. 36. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District (EVMWD). Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 37. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. Page Forty -Six — City Council Minutes — September 28, 2004 38. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 39. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. PRIOR TO ISSUANCE OF A BUILDING PERMIT 40. Prior to the issuance of building permits, the applicant shall enter into an agreement with the Redevelopment Agency of the City of Lake Elsinore to provide 15% of the units in the project as affordable housing units in accordance with the requirements of Section 33413(b) of the California Community Redevelopment Law or an alternative equivalent action which may include (without limitation) dedication of vacant land, construction of affordable units on another site, or payment of an in lieu fee calculated to provide sufficient funds to underwrite the long -term affordability of an equivalent number of affordable dwelling units constructed or substantially rehabilitated on other sites within the City's redevelopment project areas. 41. The Home Owner's Association shall be established prior to the occupancy release of the first dwelling unit. ENGINEERING 42. Import fill material shall not be permitted. 43. The applicant shall dedicate full half -width of Lakeshore Drive on the project frontage such that the centerline to property line measures sixty (60) feet. 44. Construct full half -width street improvements along the project frontage for Lakeshore Drive. Half roadway section shall measure forty-eight (48) feet from centerline to curb face. Street improvements shall include curb, gutter, roadway, sidewalk and landscaping as required for the City standard local road. 45. Re -stripe Lakeshore Drive to provide for left turn movements in and out of the project. Left turn movements into the project shall require a left turn pocket designed to handle the stacking and design speed of Lakeshore. 46. Curb side parking shall not be permitted on the drive isles or alley ways. 47. Construct a desiltation basin to mitigate for clean water runoff. Page Forty -Seven — City Council Minutes — September 28, 2004 48. Construct the transitions along Lakeshore Drive such that the storm water flows are not blocked. 49. The top of building foundation elevations shall be constructed at or above the 1266 foot elevation. 50. Provide two cross sections for each side between the project and the existing, adjacent property. Cross sections shall be shown and approved on the rough grading plan. 51. Provide protection from sewage spilling into the desiltation basin or lake inlet channel. 52. The roadway adjacent to the inlet channel shall meet with the Fire Department's turnaround requirements. 53. The outlet point of the desiltation basin shall protect the existing slope against erosive velocities and erosion. 54. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 55. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 56. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 57. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 58. Street improvement plans and specifications shall be prepared by a 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). 59. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. Page Forty -Eight — City Council Minutes — September 28, 2004 60. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 61. 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). 62. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 63. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 64. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 65. 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. 66. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 67. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 68. A pplie.. «t ..hall submit „ tFa ffie eerArol plan she.. ..11 tra a ee «+«el deyiees for- the trae4 to be a ,ed prior- to fi «el map approval. A111 t a f fi.. ..,.«t....l device.. 91...11 be et..eet Sweeping Sign. for st..eets ..,i" the t_.,,.+ (Deleted per the Planning Commission on September 7, 2004). 69. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 70. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so Page Forty -Nine — City Council Minutes — September 28, 2004 that a cursory drainage and flow pattern inspection can be conducted before grading begins. 71. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 72. An Alquis -Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 73. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 74. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 75. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 76. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 77. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements of LEMC 15.68 regarding floodplain management. 80. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 81. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer Page Fifty — City Council Minutes — September 28, 2004 shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 82. 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. 83. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 84. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 85. Applicant will be required to install Best Management Practices (BMP) using the best available technology to mitigate any urban pollutants from entering the watershed. 86. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 87. 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. 88. 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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 89. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 90. 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 Page Fifty -One — City Council Minutes — September 28, 2004 distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 91. Arrangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city -wide improvements and facilities relating to fire and police protection and maintenance of roadways. 92. 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. C O MM UNI T Y S E R V I C E S DEPARTMENT 93. Applicant shall pay park fees in the amount of $197,400.00 (141 units @ $1,400 ea.). 94. No park credits shall be given for private park areas, open space, or recreation facilities constructed within the development. 95. The developer shall utilize CR &R for all construction debris removal, hauling, and recycling as per City ordinance. 96. The City landscape architect shall review and approve all landscaping plans. 97. The Home Owner's Association (HOA) shall maintain all landscaped areas including landscaping fronting Lakeshore Drive, open space, water quality basin and all interior plantings. 98. The Home Owner's Association (HOA) shall maintain all block walls and keep them free of graffiti. 99. The controlled emergency vehicular access road shall be maintained to meet all Fire Department requirements. 100. All interior roads, street signs, street markings, sidewalks, enhanced concrete to be maintained by the Home Owner's Association (HOA). Page Fifty -Two — City Council Minutes — September 28, 2004 101. Water quality basin outlet to meet all requirements of the Riverside County Flood Control, Army Corps of Engineers and the City of Lake Elsinore. DEPARTMENT OF ADMINISTRA TI VE SERVICES 102. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 103. Prior to the issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No.1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE COUNTYFIRE DEPARTMENT 104. The applicant shall comply with all requirements of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and/or recognized fire protection standards. 105. Blue retro- reflective pavement markers shall be mounted on public streets and driveways to indicate location of fire hydrants. Prior to installation, placement of markers shall be approved by the County Fire Department. CONDITIONAL USE PERMIT NO 2004 -24 106. Conditional Use Permit No. 2004 -24 approved herein shall lapse and shall become void one (1) year following the date on which the use permit became effective, unless prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site. 107. The Conditional Use Permit shall comply with the all applicable requirements of the Lake Elsinore Municipal Code; Title 17 unless modified by approved Conditions of Approval. 108. The Conditional Use Permit granted herein shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of this approval. 109. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold Page Fifty -Three — City Council Minutes — September 28, 2004 harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Conditional Use Permit/Design Review C 2003 -07, which action is brought forward 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. 110. Prior to final certificate of occupancy of the Conditional Use Permit, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 111. The applicant shall at all times comply with Section 17.78 (Noise Control) of the Lake Elsinore Municipal Code which requires noise or sound levels to be below 50 decibels between the hours of 7:00 am to 10:00 pm and below 40 decibels between the hours of 10:00 pm to 7:00 am in nearby residential areas. 112. Security lighting shall be required. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. BUSINESS ITEMS 31. Public Safety Advisory Committee Resignation & Appointment. (F:59.6) Councilman Magee recognized the resignation of Mr. Raymond Moon from the Public Safety Advisory Committee; and noted his activities in the Community. He noted that Mr. Moon is a business owner, active in his church and the father of three children; and those pressures have led him to regretfully offer his resignation. He indicated that he approached Mr. Bill Arnold to determine his willingness to serve on the Commission; and he confirmed that he was interested in doing so. Page Fifty -Four — City Council Minutes — September 28, 2004 MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACCEPT THE RESIGNATION OF RAYMOND MOON WITH REGRETS AND APPOINT BILL ARNOLD III TO THE PUBLIC SAFETY COMMISSION. 32. Biennial Review of the Conflict of Interest Code for the City of Lake Elsinore and the Redevelopment Agency of the City of Lake Elsinore. (F:116.5) Assistant City Manager Best explained that this was a housekeeping issue required by State code. She advised that the City Attorney and City Clerk had reviewed and updated the materials per the Code. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ACKNOWLEDGE RECEIPT OF THE NOTICE FOR AMENDMENTS TO THE CONFLICT OF INTEREST CODE AND DIRECT THE CITY CLERK TO FILE THE 2004 LOCAL BIENNIAL NOTICE WITH THE FAIR POLITICAL PRACTICES COMMISSION BY OCTOBER 19 2004, INDICATING THAT AN AMENDMENT TO THE DESIGNATED EMPLOYEES LIST IS REQUIRED. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:09 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Alan Young, Alesco Development, noted their projects along Corydon Road, and noted the business they have brought to the community including Compu- Truss, Quality Foam and noted that they retained Vertigo in the community. He indicated that they also built additional projects and had a number under development conceptually. He advised that in total their projects are in excess of $100 million in Lake Elsinore. He explained that their effort were to address the Page Fifty -Five — City Council Minutes — September 28, 2004 demand, but also because they experienced a "can do" attitude with staff. He indicated that staff was workable, efficient, concerned and considerate, with Dick Watenpaugh at the head of the team. He expressed concern that his contract was not renewed; and stressed his experience in meeting with staff to bring in new business. He stressed that staff was instrumental in helping them draw the businesses. He indicated that there was efficiency from the bottom to the top of the organization. He reiterated that there was a "can do" attitude throughout the staff based on a directive from the top. He noted his frustrations in other communities and indicated that he did not want to see a change at the top or a trickling down of change. He stressed that staff was knowledgeable and did a great job. Donald Ash, 1131 Mill Street, commented that he understood that Mrs. Kelley and her husband went bankrupt and questioned her on her practices. He questioned if she was qualified to oversee the operation of the City, based on her personal affairs. Mayor Pro Tern Kelley noted that the events listed occurred more than eight years ago. Edith Stafford, 29700 Hursh, noted that she wasn't going to speak at this meeting until the gentlemen spoke earlier. She indicated that he does not speak for her or many other people, concerning the City Manager. She advised that she thought the Council had made the right step in the right direction. She commented that people in selfish ways could point out good things they claim are going on; but noted that she had not seen the man before and all of a sudden he was saying how wonderful things were. She disagreed and indicated that things were not wonderful, as there were many underlying problems in the City, which needed to be faced and cleaned up. She suggested that until then the City would never run smoothly. She commented that one could make excuses and point fingers, but the truth would remain. CITY MANAGER COMMENTS Assistant City Manager Best commented on the following: Page Fifty -Six — City Council Minutes — September 28, 2004 1) Congratulated the Eagle Scouts recognized this evening. 2) Addressed Ms. Boice & Ms. Costello, and offered her card and willingness to meet with them. She noted that there were a number of other areas with the same problems. 3) Congratulated City staff member in Public Works, Jason Dugan on the birth of his child, a 9 lb. 5 oz. baby boy. 4) Announced that City Hall was now open on Fridays for improved public service. She noted that the staff was split on Fridays, so it would be a good idea to check with staff to see when they are available. 5) Thanked the Little League for their recognition of the improvements to the concession and restroom building at Swick/Matich park, and noted that it was a Capital Improvement Project of over $400,000. 6) Thanked Ray Moon for his service to the community, and noted that staff would draft a letter of thanks. 7) Offered best wishes to City Manager Dick Watenpaugh, noting that he was on medical leave and hoped to return around the first of November. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Clarified that every development project that comes forward starts with an application and a variety of studies and is subject to a variety of conditions of approval. She explained that the required public improvements included in the conditions of approval are based on the impacts of the projects. She noted that they are also subject to TIF Page Fifty -Seven — City Council Minutes — September 28, 2004 fees, and regional TUMF fees to provide financing for City -wide and region wide improvements. She explained that the conditions were not always publicly specified, but were part of the project. She stressed that the impacts were addressed when improvements were approved. 2) Extended best wishes to the City Manager. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Thanked Councilman Hickman for getting the sidewalks painted in front of Cottonwood Elementary for the safety of the students. 2) Noted his September 9th memo to the Council regarding the State Attorney General's opinion on lunches at City expense. He suggested that for a City like this it should not be done and questioned why that regulation was not being followed. He indicated that if the matter went to court, City money would not be used to take people to lunch. He questioned if there was an awareness of this law prior to his memo, and requested that Councilman Magee give the matter to the auditor. 3) Noted that the Stadium deal was defunct and had been an expensive lesson. He indicated that the City spent $66,000 in legal fess and inquired if there would be a refund of some of that money. He noted that the Storm also included about $20,000 in legal fees. He reiterated that there should be refunds, since it was a dead deal. Page Fifty -Eight — City Council Minutes — September 28, 2004 CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Indicated that it was obvious that people did not understand what a CFD was. He pointed out that there were two ways a developer developed, either the CFD is used to pay for part of the project, or they front their own money. He indicated that it was all the same as the homeowner either pays the money up front or over a period of years via the CFD. He stressed that either way the cost was passed on to the homeowner. He noted that his house did not come with Mello- Roos, and he had to pay for the improvements up -front. Councilman Hickman commented on the following: 1) Noted that he represented the City at the Student of the Month Program, and indicated that it made him appreciate the future kids. He commented on the problems the kids had overcome. 2) Indicated that he was going to request two study sessions, the first on the Street Sweeping Ordinance. He noted that there were concerns that the streets got clean and people were not ticketed after the streets were cleaned. He also requested a study session on the CFD Policy, noting a rumor around town which made him want to be sure the City was protected with CFD's. 3) Thanked City Treasurer Weber for his thanks, and recommended that the similar curb painting at Machado Elementary. He suggested that the Safety Committee address signage to protect the kids. 4) Indicated that he enjoyed the League of Cities Conference. Councilman Magee commented on the following: Page Fifty -Nine — City Council Minutes — September 28, 2004 1) Addressed Mr. Boise's comments on Railroad Canyon Road, and noted the long and short term goals to work with Caltrans and RCTC. He noted that $13.5 million was recently approved to make improvements over the next five years. He further noted that nearly $1 million had been allocated by the City to expand the existing lanes. He also noted that next month there would be two new motorcycle officers targeting the area to keep the traffic flowing. 2) Addressed credit cards and indicated that was part of the ongoing Audit; and expressed hopes that there would be a policy developed that made everyone feel comfortable with the use of City credit cards. 3) Commented that politics was a tough game, and suggested that spirited debate on the issues was appropriate, but person attacks were not. He requested that if anyone had a problem with him, that they talk to him personally and not on t.v. Mayor Pro Tem Kelley commented on the following: 1) Announced the upcoming Special Events including: October 2 "d — City-wide Clean -up from 7 a.m. to 1 p.m. for City residents with a hot pink flyer. October 2 "d — Household Hazardous Waste Collection from 9 a.m. to 2 p.m. October 3`d — Open Air Market October 4th — 91h — Rummage Sale at the Women's Club October 9th — Rotary Club Art and Wine Festival Support the Troops Rallies — Every Saturday. Assistant City Manager Best noted that there had been some confusion in the past on when Council gave direction and how it was implemented. She requested Council consensus that they wanted the two study sessions requested by Page Sixty — City Council Minutes — September 28, 2004 Councilman Hickman. Council consensus was gained and Assistant City Manager Best indicated that they would be coordinated with the Mayor when he returned. ADJOURNMENT The Regular City Council Meeting was adjourned at 8:50 p.m. GENIE KELLEY, MAYOR RO TEM CITY OF LAKE ELSINORE A ISM r VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 12, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5: 10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) County of Riverside, et al v. City of Lake Elsinore and Laing -CP Lake Elsinore LLC (Riverside County Superior Court Case No. RIC418775) (F:40.1)(X:52.2) City Attorney Leibold announced the Closed Session discussion as listed above. Page Two - City Council Minutes — October 12, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:12 P.M. The Closed Session discussion was completed at 6:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:06 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Boy Scout Troop 912. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley led the audience in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Planning Manager Villa, Police Lt. Anderson, Police Lt. Koepp, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. Page Three — City Council Minutes — October 12, 2004 PRESENTATIONS /CEREMONIALS A. Proclamation - Constitution Week. (F:122.1) This item was postponed to the next Regular City Council Meeting, as there was no representative present to accept it. B. Presentation - Watershed Clean -up Recognition. (17:56.1) Code Enforcement Officer Gordon noted the participation in the Santa Margarita Watershed Clean -up by hundreds of volunteers. She commented that this effort brought out the best in area residents. She advised that this year's event was held on September 25 and noted that while no totals were known yet, they were hoping that overall it would be less than last year. She introduced the representatives of Boy Scout Troop 912 from Wildomar. She thanked the Scouts for their participation and noted the bar- be -que at the park after the work. C. Presentation - Stolen Vehicle Recovery Awards. (F:127.2) Mayor Buckley requested that Chief Fetherolf , Lt. Anderson, and Lt. Koepp forward to assist with the presentations. Chief Fetherolf noted that there were four officers recognized by the State for the recovery of stolen vehicles. He detailed the requirements for this recognition and recognized Deputies Topete, Darling and Morin, and Inspector Dekker. Mayor Buckley read and presented the Proclamations to each officer. D. Presentation - Chamber of Commerce Update. (F:108.4) Kim Cousins, President and CEO for the Chamber of Commerce, displayed their first monthly newsletter in two years and noted the availability of additional copies. He indicated that the newsletter would be presented on a monthly basis and was available from the Chamber website. He announced Page Four — City Council Minutes — October 12, 2004 the upcoming EDC Luncheon at the Diamond on Thursday and indicated that it would be an Education Summit followed by an afternoon program for high school juniors and seniors. He also announced that the last Chamber Mixer of the year would be held at Coco's Restaurant on October 28th. He further announced that the Chamber would be doing a non - perishable food drive to benefit HOPE, and assist in helping needy families. He indicated that more information was available from the Chamber office of their website. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Edith Stafford, 29700 Hursh Street, noted that she attended the Ad Hoc Electoral Reform Committee Meeting last night, and indicated that she was not afforded an opportunity to speak on the agendized items. She commented that she brought the point up and the Attorney was asked to speak on the matter and said while there was a requirement to give comment time, there was not a requirement to give comment time on agendized items. Mrs. Stafford stressed that there was a requirement that people be allowed to speak on the items on the agenda, and read from the Brown Act. Donald Ash, 1131 Mill Street, noted that he had been at the same address for 21 years and had seen a lot happen in the City. He addressed the comments by Mrs. Stafford and reiterated that people were allowed to speak at any meeting, except closed meetings. He questioned what people could do when the lawyers said they could not speak. He suggested that the lawyers made decisions based on the financial awards. He noted the loss of the deal to sell the Diamond and suggested that the Council did not look into that business and determine they had a right to bid on the Stadium. George Alongi, commented on the Railroad Canyon off -ramp and noted that it took him 54 minutes to get off the ramp. He indicated that situation was not good for people coming to the City and spending a lot of money on their homes. He stressed the danger at this location, noting that the cars were backed up onto the freeway and then blocking the intersection. He expressed understanding of the Page Five — City Council Minutes — October 12, 2004 cost factors, but suggested looking at the use of reserve officers or the posse to assist in this area. He further commented that the City's public relations person should make positive comments about the community, and not comments that are contradictory to the Council. Mayor Buckley noted that there was a situation on Railroad Canyon Road on Tuesday afternoon, when another water district was digging it up during the day instead of at night, which complicated the existing problems. He noted that the interim renovations would be starting soon. Community Development Director Brady indicated that staff was waiting for Caltrans approval, but the plans were ready to go and would go to bid upon approval. Mayor Buckley noted the new motorcycle officers which also were assisting in areas such as this. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 5, 37. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4 and 5. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR, WITH THE MINUTES CORRECTED AS NOTED EARLIER AND MAYOR BUCKLEY ABSTAINING FROM VOTE ON ITEM I.C. The following Minutes were approved: Page Six — City Council Minutes — October 12, 2004 a. Joint Study Session - September 14, 2004. b. Special City Council Meeting - September 22, 2004. C. Regular City Council Meeting - September 28, 2004. (F:44.4) 2. Ratified Warrant List for September 30, 2004. (F:12.3) 3. Approved Supplemental Law Enforcement Service Fund (SLESF) Expenditure Plan For 2004 -2005, and authorized City staff to submit the plan to the Riverside County Sheriff's Department Grants Unit. (F:84.8) 4. Authorization to Amend the Contract for CEQA Compliance Documents for North Tuscany Hills Project - HDR Engineering. (This item was pulled from the Agenda for further work prior to approval.) (F:68.1) PUBLIC HEARINGS 21. Tentative Tract Map No. 31106 (Canyon Hills Specific Plan) - Pardee Homes. (F:160.2) Mayor Buckley opened the public hearing at 7:27 p.m. Community Development Director Brady detailed the project and noted that the applicant had previously agreed to put in detached single family homes and have abided by that agreement. He advised that the Planning Commission had recommended approval, and detailed the recommendations. Jim Stringer, representing Pardee Homes, offered to answer questions. Mayor Buckley asked those persons interested in this project to speak. There were no public comments. Councilman Hickman indicated that he liked this project, and noted that they had done an excellent job so far. Page Seven — City Council Minutes — October 12, 2004 Councilman Schiffner indicated that he was ready to move for approval. Councilman Magee noted that he understood from the Community Development Director that the original plan was for multi - family attached units, but now the project was single family detached homes. Community Development Director Brady indicated that the options were from single family to condos or apartments. He noted that at the suggestion of Mayor Pro Tem Kelley, he had toured phase one of the Riverbend Property, and confirmed that Pardee provided a quality project. He indicated that they had created a beautiful environment, and had been sensitive to the unique terrain. He commented that he was still concerned with the lot sizes in the area and while it looks great he would be watching the balance of the property develop. He noted that there were still several opportunities to change the project, and indicated that he would look at the Riverbend project as the high water mark. He expressed appreciation to Pardee Homes for their work in the area and expressed hopes that this project would be a continuation of their good work. Councilman Hickman thanked them for the fire station and noted that the project was ahead of schedule. Mayor Buckley addressed the remaining nodes of multi- housing density. Community Development Director Brady pointed out the four additional areas and their locations on the map. Mr. Stringer addressed the plans and pointed out that the last two planning areas would most likely be condominiums. He noted that they would be processing townhomes on project area five in the next couple of weeks. Mayor Buckley noted that they had built a good product and Canyon Hills was still working out, in spite of the lots under 4,000 square feet. Mayor Pro Tem Kelley added that the reason the project worked was the design, the mix of units, and the homeowners association. She noted that the streets in this area were private and the Riverbend project was very popular. Page Eight — City Council Minutes — October 12, 2004 She indicated that it was still somewhat affordable and very attractive thanks to the efforts by Pardee on design and layout. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP 311069 BASED ON ATTACHMENTS A THRU E AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: Findings The Proiect is Consistent with Design Standards Contained in the Canyon Hills Specific Plan: City Planning and Engineering have reviewed the proposed tentative tract map and have no concerns, if required conditions of approval are satisfied. The proposed tentative tract map is consistent with standards contained in the Canyon Hills Specific Plan relating to lot size, lot width, lot depth, street widths, and other Planning and Engineering standards and requirements. In addition, the proposed tentative tract map is consistent with the lot configuration that was designed with TTM No. 30754. The proposed tract map will construct smaller lots. The 108 individual detached residential lots measure between 3,273 sf. to 7,202 sf; average lot size is 4,298 s£ It should be noted that the Canyon Hills Specific Plan permit 3,000 sf. minimum small -lot subdivisions within the MF2 Zone. The proposed tract map complies with the minimum lot size standard contained in the Canyon Hills Specific Plan. 2. Proposed TTM No. 31106 Complies with Conditions Established with TTM No. 30754: As discussed, proposed TTM No. 31106 further subdivides a large lot that was originally created with TTM No. 30754, which was approved by the City in 2003. TTM No. 30754 included a Condition of Approval (COA No. 14), which required the applicant to subdivide the proposed TTM No. 31106 into individual single - family residential lots. Said Condition reads as follows: "Prior to construction of Lot 128 (which is the TTM No. 31106 area), the applicant shall final a new tract map for the Lot 128 area, which subdivides said lot for single - family detached residential units." Proposed TTM No. 31106 implements the Condition of Approval since it further subdivides the project area (Lot 128) into individual single - family residential lots. 3. Proposed TTM No. 31106 is an Extension of the Riverbend Development: As discussed, the applicant is presently constructing the Riverbend development which was subdivided by TTM No. 30754. Proposed TTM No. 31106 is contiguous to the Riverbend development area and will Page Nine — City Council Minutes — October 12, 2004 therefore, extend and continue construction of the Riverbend development. The Planning Commission reviewed and approved design of the Riverbend development in July 2003. The Planning Commission recommended approval of the project, though they expressed concerns regarding the lots' small size. They understood that the lot sizes were consistent with the development standards contained in the Canyon Hills Specific Plan. No one from the public spoke. The applicant accepted the Conditions of Approval during the Planning Commission meeting. Conditions of Approval PLANNING DIVISION CONDITIONS GENERAL 1. Tentative Tract Map No. 31106 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Tentative Tract Map No. 31106 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement and Canyon Hills Public Facilities and Services Financing Agreement. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Specific Plan document. Page Ten — City Council Minutes — October 12, 2004 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction of TTM No. 31106 shall meet all Riverside County Fire Department standards for fire protection and any additional requirements requested by the County Fire Department. 11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PRIOR TO FINAL TRACT MAP 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all requirements of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: • Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. Page Eleven — City Council Minutes — October 12, 2004 • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter walls around the subdivision shall be of decorative masonry concrete block. Design for all drainage basins proposed with Tentative Tract Man No 31106 shall be approved by the City Engineer and Community Development Director or desienee Security fencing shall also be shown. Chain -link fencine is prohibited PRIOR TO BUILDING PERMIT /GRADING PERMITS 20. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 21. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 22. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. 23. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 24. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 25. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 26. All subdivision tracts shall annex into the existing Canyon Hills Homeowner's Association. Page Twelve — City Council Minutes — October 12, 2004 27. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 28. Pay all applicable fees including park fees. 29. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 30. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 32. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and/or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 33. The applicant shall meet all requirements of the providing electric utility company. 34. The applicant shall meet all requirements of the providing gas utility company. 35. The applicant shall meet all requirements of the providing telephone utility company. 36. A bond is required guaranteeing the removal of all trailers used during construction. 37. All signage shall be subject to Planning Division review and approval prior to installation. 38. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control Page Thirteen — City Council Minutes — October 12, 2004 measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 39. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 40. The applicant shall post a $5,000.00 performance bond or other acceptable form of security to address future law enforcement needs that may be caused by potential project construction violations. The performance bond shall remain in effect for the term of construction and shall be: (1) acceptable to the applicant, (2) in a form approved by the City Attorney, and (3) reasonably addresses additional enforcement requirements that are not feasibly addressed by the Sheriff's Office. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. ENGINEERING DIVISION CONDITIONS 43. Dedicate and improve full half -width street cross section of Canyon Hills Road. Cross section shall comply with Canyon Hills Specific Plan requirements. 44. Cedar Creek Lane street improvements shall be consistent with alignment and grade of existing street. 45. Show cross section along tract boundary with existing tract. 46. Grading or altered drainage into the jurisdictional areas shall require a permit from the appropriate agency. 47. Street lights shall comply with the Mount Palomar Lighting Requirements. 48. Graded slopes shall not exceed a 2:1 ratio. 49. 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. Page Fourteen — City Council Minutes — October 12, 2004 50. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 51. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 52. 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. 53. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the Engineering Manager prior to final map approval (LEMC 16.34). 54. 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). 55. 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. 56. Interior streets shall be designed with 9 percent as the desired grade and intersecting streets shall meet at a maximum grade of 6 percent. 57. 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). 58. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 /z" x I1" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 59. Applicant shall install 2 permanent bench marks to Riverside County Standards and at a location to be determined by City Engineering Manager. 60. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 61. 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. 62. Provide fire protection facilities as required in writing by Riverside County Fire. 63. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineering Manager. Page Fifteen — City Council Minutes — October 12, 2004 64. Applicant shall annex to the City's Street Lighting and landscaping Maintenance District. 65. Applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 66. 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. 67. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or applicant to pay $300 per sheet for City digitizing. 68. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 69. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineering Manager. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 70. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 71. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site unless previously performed by the underlying development. In the event the project is outside the study area, a stamped letter from a Licensed Geologist or Geotechnical Engineer. 72. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 73. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineering Manager. 74. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineering Manager. Page Sixteen — City Council Minutes — October 12, 2004 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 76. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 77. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineering Manager. 78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements of LEMC 15.68 regarding floodplain management. 80. Applicant to provide FEMA elevation certificates prior to certificate of occupancies 81. Site development along the lake perimeter will require special grading and flood proofing requirements (LEMC 15). 82. Submit Hydrology and Hydraulic Reports for review and approval by City Engineering Manager and the Riverside County Flood Control District prior to approval of final map. Applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 83. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 84. 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 Engineering Manager. 85. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 86. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 87. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 88. Applicant will be required to install BMPs using the best available technology to mitigate any urban pollutants from entering the watershed. Page Seventeen — City Council Minutes — October 12, 2004 89. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMPs that will be implemented for the development including maintenance responsibilities. 90. 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. 91. Education guidelines and BMPs shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 92. Applicant shall provide first flush BMPs using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 93. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weigh master tickets. 94. 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. Mayor Buckley closed the public hearing at 7:36 p.m. 22. Zone Change No. 2004 -01, Tentative Tract Map No. 32129 and Mitigated Negative Declaration No. 2004 -05 - Resolution No. 2004 -63 and Ordinance No. 1129 - The Sauls Company. (F:160.2) Mayor Buckley opened the public hearing at 7:37 p.m. Page Eighteen — City Council Minutes — October 12, 2004 Community Development Director Brady detailed the items for consideration and noted the location of the property. He advised that the proposal divided the land into 27 homes and 10 open space lots, with a minimum lot size of 6,000 square feet. He indicated that this plan was consistent with the Ramsgate project. He advised that the Planning Commission had reviewed this project and recommended approval. Mayor Buckley questioned the typical lot size. Ed Sauls, applicant, indicated that the average lot size was 9,200 square feet. He noted that they had been working with staff and requested approval of the project. He offered the project engineer Chris Weber or himself to answer further questions. Adel Abusamara, 32655 Rachel Circle, Dana Point, indicated that he owned 50 acres in the middle of the Ramsgate Project. He expressed his thanks and support for Mr. Sauls' cooperation on his tract map. He also thanked the City for their efforts and help. Dick Sharma, 19700 Sharon St., Perris, noted that he was a property owner on the adjacent property. He indicated that his street had never existed and would no longer exist with this project. He clarified that in spite of that, he was not opposed to the project; he only had serious concerns about what this project would do to the area in the future. He commented that the area was meant to be a rural buffer along the County line, and questioned where the development would stop. He indicated that his property was in limbo, as this project was coming up to his fence. He noted that the Sauls Company has set it out and planned the project well, but the next set of houses would look right into his property and he would look into theirs. He indicated that this would take away his public access to his property, but noted that he still had private access via a right -of -way through another property. He expressed concern that Highway 74 would have the same problems as Railroad Canyon Road. Mayor Buckley inquired if Mr. Sharma had discussed his concerns with Community Development Director Brady. Mr. Sharma indicated that he had met with Mr. Sauls and received answers to Page Nineteen — City Council Minutes — October 12, 2004 some of his questions and Mr. Sauls recognized his concerns. Mayor Buckley addressed the future concerns and suggested that Community Development Director Brady could assist him. Mr. Sharma expressed concern that this was a tentative map with no rural connection but a row of trees. Councilman Magee questioned the access issues and suggested that he meet with the Community Development Director and the 5th District Supervisor to resolve his concerns. He commented that everything was coming toward the property and encouraged Mr. Sharma to maintain his legal access. Mr. Sharma noted a wildlife refuge to the east of his and suggested that would be another concern that would need to be buffered from the homes. He noted that the property along Trellis Road would be prime for annexation to the City, particularly in light of the City's growth. He indicated that the County /City line was down the center of Sharon Street, and questioned the City's ability to abandon 'h of the right -of -way. Councilman Schiffner addressed the map and indicated that unless he was incorrect, the right -of -way would remain as it was, as there were no lots in the area. Mr. Sharma clarified that he was not concerned with the location of a house, but suggested that it was impractical to build a road there, however it was the only possible public access. Councilman Schiffner indicated that the road would still exist. Mr. Sharma indicated that he was not sure how it would exist. He stressed that his concern was for the future access to his property. Councilman Schiffner questioned the access via Sharon Street. Mr. Sharma indicated that his main access was a deeded right -of -way, up a steep hill. Councilman Schiffner noted that on the diagram it would appear that the existing roads would continue to exist. Assistant City Manager Best suggested that it would be best for Mr. Sharma to meet with Community Development Director Brady to address the access issues. Councilman Schiffner indicated that he was sympathetic to Mr. Sharma's concerns, but he was not sure this project would impact him as much as anticipated. Mr. Sharma stressed the potential impacts of future developments. Page Twenty — City Council Minutes — October 12, 2004 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-63, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-05 AND THE MITIGATION MONITORING PROGRAM. RESOLUTION NO. 2004-63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-05 AND THE MITIGATION MONITORING PROGRAM THERETO, FOR ZONE CHANGE NO. 2004 -019 AND TENTATIVE TRACT MAP NO. 321299 ON APPROXIMATELY 10+ ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE 15 /STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347 -110- 021 AND A PORTION OF 347 -110 -022. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 11299 UPON FIRST READING BY TITLE ONLY, APPROVING ZONE CHANGE NO. 2004-01: ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-01, CHANGING THE ZONING DESIGNATION FROM "RR -RURAL RESIDENTIAL" TO "Rl- SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON 10+ ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE 15 /STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF Page Twenty -One — City Council Minutes — October 12, 2004 TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347 -110 -021. UPON THE FOLLOWING VOTE: AYES; COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER,BUCKLEY NONE NONE NONE MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE TENTATIVE TRACT MAP NO. 32129, BASED ON EXHIBITS `A', `B' AND `D' AND THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS Findings -Mitigated Negative Declaration No. 2004 -05 and the Mitigation Monitoring Program 1. Based on evaluations and discussions contained in the Initial Study and Mitigated Negative Declaration, the proposed project has limited potential to degrade the quality of the environment. The proposed project will not significantly affect the environment with mitigation measures in place. 2. The proposed project will not have impacts that are individually limited but cumulatively considerable with mitigation measures in place. Given that the project impacts are insignificant, cumulative impacts are not foreseen. 3. The proposed project does not have the potential to significantly adversely affect humans, either directly or indirectly with mitigation measures in place. Page Twenty -Two — City Council Minutes — October 12, 2004 Findings - Zone Change No. 2004 -01 : 1. The proposed amendment will not be (1) detrimental to the health, safety, comfort, or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, (2) injurious to property or improvements in the neighborhood or within the City. a. The proposed zoning of R -1 Single Family Residential is the most similar zoning to the residential development occurring within the adjacent Ramsgate Specific Plan. If the subject property had remained part of a future specific plan, there is every likelihood that a transition such as the one proposed would have been designed for the area. b. The proposed R -1 zone provides development standards that protect the public health, safety and general welfare of persons residing or working within the neighborhoods in the area or within the City. The proposed project shall comply with these standards. 2. The proposed amendment will be consistent with the latest General Plan. a. The proposed R -1 zoning is consistent with the existing General Plan designation of "Future Specific Plan F," which accommodates residential development at a maximum density of 6 dwelling units per acre. The General Plan identifies issues to be addressed in this area, namely hillside grading, compatibility of development to adjacent uses, and impacts to biological resources. These issues were reviewed, addressed and considered by the Initial Environmental Study and within the design of this project. Findings - Tentative Tract Map No. 32129 1. The proposed subdivision, together with the provisions for its design and improvements, is consistent with the City of Lake Elsinore General Plan. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). a. The design of the subdivision and density of 2.5 dwelling units per acre are consistent with the General Plan designation of "Future Specific Plan F," which accommodates residential development up to 6 dwelling units per acre. Page Twenty -Three — City Council Minutes — October 12, 2004 b. The project proposes single family residential lots ranging in size from 6,000 square feet to 31, 000 square feet, which meet the R -1 zoning minimum. 2. The site of the proposed division of land is physically suitable for the proposed density of development in accordance with the General Plan. a. The overall density proposed by this project is consistent with the adjacent Ramsgate Specific Plan. b. The map provides open space areas that protect the natural topography and views. 3. The effects that 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. a. The project is consistent with the City's General Plan. During the approval of City's General Plan, housing needs, public services and fiscal resources were scrutinized to achieve a balance within the City. b. The map has been conditioned to annex into Community Facilities District 2003 -1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. c. The. map has been conditioned to annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 4. Subject to the attached conditions of approval, the proposed division is not anticipated to result in any significant environmental impact. a. An Initial Study was prepared for this project which identified potentially significant environmental effects, but proposals made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. b. There is no substantial evidence that the project may have a significant effect on the environmental. Page Twenty -Four — City Council Minutes — October 12, 2004 c. Mitigation measures are required to ensure all potentially significant impacts are reduced to levels of insignificance. Tentative Tract Map No. 32129 has been conditioned to comply with these mitigation measures. 5. The design of the proposed division of land or type of improvements are not likely to cause serious public health problems. a. Tentative Tract Map No. 32129 is conditioned to comply with all development standards of the Rl Single Family Residential Zone. These standards are in place to benefit the public health, safety and welfare. 6. The design of the proposed division of land or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed division of land. a. All known easements or requests for access have been incorporated into Tentative Tract Map No. 32129. b. The adjacent property owner to the east requested access through Tentative Tract Map No. 32129. This map has been designed with `B" Street to stub at the easterly boundary, thereby allowing this connection. c. The map has been circulated to City departments and outside agencies, and appropriate conditions of approval have been applied for their approval during construction. CONDITIONS OF APPROVAL PLANNING DIVISION Tentative Tract Map No. 32129 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 (SMA). Additional extensions of time (36 months maximum time per the SMA) may be granted with City Council approval. 2. Tentative Tract Map No. 32129 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. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against Page Twenty -Five — City Council Minutes — October 12, 2004 the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards or legislative body concerning Tentative Tract Map No. 32129, which action is brought 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. The applicant shall sign and return an "Acknowledgment of Conditions" to the Community Development Department within 30 days of the Tentative Tract Map approval by the City Council. PRIOR TO FINAL TRACT MAP 5. The applicant shall comply with all Conditions of Approval prepared by the Riverside County Fire Department as listed in their transmittal dated March 11, 2004 attached. 6. All lots shall comply with minimum standards of the Rl Single Family Residential zone. 7. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 8. Street names within the subdivision shall be approved by the Community Development Director or designee prior to final map approval. 9. All of the improvements shall be designed by the developer's Civil Engineer to the specifications of the City of Lake Elsinore. 10. The applicant shall comply with the Mitigation Monitoring Program prepared for Mitigated Negative Declaration No. 2004 -05. 11. The applicant shall initiate and complete the formation of a homeowners' association, approved by the City, recorded and in place. All Association documents shall be reviewed and approved by the City and recorded, such as the Articles of Incorporation and Covenants, Conditions and Restrictions (CC & R's). The HOA shall be responsible for the maintenance of all open space areas and maintenance easement areas. a. In the event that the Homeowners' Association fails to meet its responsibilities with regards to the maintenance of open space areas, the Lighting, Landscaping and Maintenance District shall automatically provide such maintenance and assess the individual property owners for such service. 12. The Final Map shall identify downslopes adjacent to streets as HOA Maintenance Easements. All HOA Maintenance Easements shall be planted, irrigated and maintained by the HOA. Page Twenty -Six — City Council Minutes — October 12, 2004 PRIOR TO GRADING AND BUILDING PERMITS: 13. Construction shall be restricted until adjacent subdivisions have developed or the applicant obtains arrangements with adjacent property owners to provide fuel modification zones for this project. 14. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 a.m. and shall cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday, Sunday or any legal holidays. 15. Upon violation by applicant of the City's Noise Ordinance or Condition of Approval # 14, applicant shall cease all construction activities and shall be permitted to recommence such activities only upon depositing with the City a $5,000 cash deposit available to be drawn upon by the City to fund any future law enforcement needs that may be caused by potential project construction violations and the enforcement of the City's Noise Ordinance and Condition of Approval #14. The applicant shall replenish the deposit upon notice by the City that the remaining balance is equal to or less than $1,000. 16. The applicant shall comply with the requirements of the Lake Elsinore Unified School District under the provisions of SB 50, wherein the owner or developer shall pay school fees or enter into a mitigation agreement prior to the issuance of a certificate of compliance by the District. 17. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 18. All storm drains are to be maintained in accordance with the cooperative agreement with the Riverside County Flood Control and Water Conservation District. a. The homeowners' association shall maintain water quality basins, landscaping, and open space drainage. 19. The developer shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and /or the Association until streets are accepted by the City. Said plans shall be approved by the City and shall be installed in accordance with City Standards. 20. The applicant shall meet all requirements of the providing electric utility company. 21. The applicant shall meet all requirements of the providing gas utility company. 22. The applicant shall meet all requirements of the providing telephone utility company. 23. A bond is required guaranteeing the removal of all trailers used during construction. Page Twenty -Seven — City Council Minutes — October 12, 2004 24. All signage shall be subject to Planning Division review and approval prior to installation. 25. Landscape Plans for the tract shall include vegetative screening of all retention basins. 26. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than sixty feet (60') shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one (1) year for erosion control landscaping at the time the site is rough graded. 27. Prior to the approval of any final map, the applicant shall submit a phasing plan if multiple final maps are proposed, which show all phasing lines and the primary and secondary access for each phase. PRIOR TO DESIGN REVIEW: 28. All future structural development associated with this map requires separate Design Review approval. 29. Elevation drawings for Design Review shall include four -sided architectural features. 30. Slopes on individual lots that are in excess of three feet in height shall be installed, landscaped and irrigated by the developer prior to the issuance of a Certificate of Occupancy. 31. A detailed fencing plan shall be required for review and approval during the Design Review process. 32. A detailed phasing plan shall be required for review and approval during the Design Review process. a. Construction phasing plans shall include the location of construction fencing for each phase. b. Construction phasing plans shall indicate primary and secondary access and the location of all utilities for each phase. 33. Provide permission to construct and permission to drain onto adjacent property from the affected properties. 34. Process a lot line adjustment to include the boundaries of Lot 27 into this subdivision. Page Twenty -Eight — City Council Minutes — October 12, 2004 35. Provide documentation that Lot 27 is not a requirement as an open space lot for the adjacent development. 36. Provide drainage information including outlet details for Lots "C ", "D ", "E" & "P". 37. Provide permission to construct the termination point of `B" Street. `B" Street shall be barricaded and signed as the temporary end of the street. 38. Verify that detention and first flush provisions are provided either on -site or accounted for on the adjacent project. 39. Modifications to "J" Street shall require permission from affected property. 40. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 41. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 42. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 43. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 44. 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). 45. 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). 46. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 47. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 48. 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). 49. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x I V Mylar) shall be submitted to the Engineering Division before final inspection of public Page Twenty -Nine — City Council Minutes — October 12, 2004 works improvements will be scheduled and approved. 50. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 51. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 52. 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. 53. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 54. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 55. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 56. 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. 57. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 58. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 59. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 60. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 61. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. Page Thirty — City Council Minutes — October 12, 2004 62. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 63. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 64. 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 ". 65. 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. 66. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 67. Meet all requirements of LEMC 15.68 regarding floodplain management. 68. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 69. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 70. 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. 71. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 72. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 73. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 74. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. Page Thirty -One — City Council Minutes — October 12, 2004 75. If required, the 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. 76. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 77. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 78. 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. 79. Arrangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city-wide improvements and facilities relating to fire and police protection and maintenance of roadways. 80. 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. COMMUNITY SERVICES DEPARTMENT 81. The applicant shall pay park mitigation fees of $1,600 per lot, totaling $43,200 for the project. 82. The developer shall comply with the City's Franchise Agreement for waste disposal and recycling. ADMINISTRATIVE SERVICES DEPARTMENT 83. Prior to the issuance of the first building permit, the developer shall annex into Community Facilities District No. 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Page Thirty -Two — City Council Minutes — October 12, 2004 84. Prior to issuance of the first building permit, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City, and for street lights in the public right - of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. 31. Second Reading; - Ordinance No. 1128 - Zone Chame 2004 -09 - Wasson Canyon Investments, L.P. (F:160.2) MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1128, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1128 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004-09, CHANGING THE ZONING DESIGNATION FROM "RR- RURAL RESIDENTIAL" TO `111- SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON APPROXIMATELY 31.25+ ACRES LOCATED SOUTHEAST OF HIGHWAY 74, NORTHEAST OF INTERSTATE 15, AND EAST OF THE INTERSECTION OF CONARD AVENUE AND THIRD STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347-330 - 019, -0459 -046, -050 THRU — 053. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Page Thirty -Three — City Council Minutes — October 12, 2004 ABSTAIN: COUNCILMEMBERS: NONE 32. Proposal by CoLi trV Club Heights Committee to Address Area Concerns. (F:59.5) Assistant City Manager Best noted that the Committee had been meeting since April to review issues on development for Country Club Heights. She indicated that they had reviewed a variety of issues including encouraging appropriate development in the area. She indicated that the Chairman Ray Tamargo and Community Development Director Brady were prepared to make a presentation on the Committee's recommendations. Chairman Tamargo detailed the Committee recommendations as follows: Views from existing homes should be protected through the design review process for new structures. A view shed ordinance should not be adopted. 2. The design of public improvements and private development should address public safety issues, particularly fire safety. The minimum road width should be 20 feet and whenever possible should be developed to 24 feet. 3. The study area should be rezoned to R -H and the Hillside Planned Development Overlay District (Chapter 17.10) be applied to the area. 4. The historic character of the area should be preserved. The cast concrete street lamps should be preserved and restored along Lakeshore. Entry monument signs should be located at main entrances to identify Country Club Heights as a unique residential area of the City. The study area boundaries should be revised to include an additional area along Gunder to Pike Street and to remove the area bounded by Dryden, Lakeshore, Lash and Wise Streets. Page Thirty -Four — City Council Minutes — October 12, 2004 6. City fees associated with development should be eliminated or reduced as an incentive to combine lots and encourage the development of larger homes. 7. A consultant should be hired to analyze various methods of funding public improvements such as water and sewer lines, street lights, entry monument signs and road improvements through the use of CFDs, assessment districts, or other funding mechanisms. An estimated cost of providing the improvements should be derived through this process. Ron La Pere, 16867 Wells Street, Country Club Heights, requested that all of the residents of the Country Club Heights areas be able to request a copy of the recommendations for discussion as a group. He indicated that what he heard sounded good and very thorough. Mayor Buckley noted the presence of another Committee Member, Mr. Boose. He thanked the Committee for their work. Mayor Pro Tern Kelley thanked the Committee members for their hard work, and noted that she had been kept abreast of their work via her member on the Committee. She indicated that she was pleased with the results of their work and expressed hopes that the Council would move forward on as many issues as were possible. She noted the frustrations in the area and indicated that this was the beginning of the solution. She supported the recommendations, but noted that she was at first worried about a couple of items. She encouraged action to be taken wherever possible, with other items being moved forward for study. Councilman Magee thanked the Committee Members and the staff that assisted them. He indicated that this was a monumental task and commented that the Committee had done a fine job. He suggested that staff could implement the majority of the recommendations and bring required items back to the City Council for approval. Councilman Schiffner offered Page Thirty -Five — City Council Minutes — October 12, 2004 to second that suggestion as a motion, assuming things could not be done directly that quickly. He indicated that he would like to see these recommendations move forward with a formal plan. Councilman Magee commented that items 1 and 2 were policy issues, but items 3 through 6 would require administrative approval by the Council, so staff would have to bring them back. He indicated that item 7 was for development of a request for proposal, which would also have to come back. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO DIRECT STAFF TO WORK ON THOSE ITEMS AND RETURN WITH THE COMPONENTS AS THEY WORK THROUGH THEM. Councilman Hickman offered kudos and indicated that he was anxious to see how the CFD would be handled. He indicated that he was not crazy about the area, noting the narrow streets, but concurred that it was a beautiful area. He commented that the Council would love to assist with development. Mayor Buckley suggested that all seven items could come back by the second meeting in November. City Attorney Leibold clarified that the Zoning Ordinance would require public notices, Planning Commission hearing and hearing by the City Council. She suggested that it be provided as quickly as possible, unless the Council wanted the whole thing at once. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Request for Funding - H.O.P.E. - $5,000. (F:108.8)(X:30.1) Assistant City Manager Best deferred to Community Services Director Sapp, noting that he had been working with the applicant. She noted that HOPE regularly provided a variety of services to the community. Page Thirty -Six — City Council Minutes — October 12, 2004 Ron Hewison, representing HOPE, offered to answer questions and noted that the population HOPE was serving, was increasing and hence had submitted this supplemental request. Councilman Hickman indicated that HOPE should be commended, as they serve about 70,000 people. He noted that some of the money came from CDBG as seed money, but they received nothing from the City. Councilman Schiffner commented that he was in favor of HOPE, and noted that it was one of his two favorite charities. He indicated that he had some thought on the issue, but was somewhat uncomfortable about the separate allocation. He expressed concern that this looked like a prejudice in favor of this charity. Councilman Hickman indicated that it was important to know the reason they were coming forward at this time. He indicated that Mr. Butension had run the operation for years, but Mr. Hewison had taken on the position and the program was running short of funds. Mayor Pro Tem Kelley indicated that she was also a strong supporter of HOPE, and intended to vote in favor of approval. She noted that many years ago, when there were many worthwhile causes before the Council for funds and the Council had to decide how much to give to who. She noted that there were also requests to waive fees and the Council backed off and determined that they would take the standard operating procedure of putting just charity, once a year requests in the budget so they were not in a position of favoring one over another. She noted the second requests were not approved in the budget, and expressed concern with opening the flood gates. She indicated that she would approve this request, but would want to come, up with a policy on funds and waivers of fees, for solid guidance in the future. Page Thirty -Seven — City Council Minutes — October 12, 2004 MOVED BY KELLEY, SECONDED BY HICKMAN TO APPROVE THE DONATION OF $5,000 TO H.O.P.E. FROM THE CITY'S UNALLOCATED REVENUES. Mayor Buckley noted that spending money outside the budget cycle was not the best process, but indicated that he thought it would be acceptable to give to the needy. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 34. Purchase Authorization - Diamond Stadium Furniture - Fullerton Restaurant Equipment - $42,330.52. (F:134.10) Assistant City Manager Best noted that this item came to the Council in the early summer, but was postponed due to the potential lease of the Stadium. She commented that the deal had been terminated and staff would be looking at the needs to allow use in the future. She indicated that a number of items would be before the Council with regard to the needs at the Stadium. She advised that overall, the cost of this bid had not changed. She noted the detailed accounting and final balance of funding as provided for the Council. Councilman Magee thanked the Finance Manager for addressing the unallocated revenue balance sheet between meetings. He inquired of Community Development Director Sapp, as to whether the furniture would be delivered prior to the opening of next season. Community Development Director Sapp confirmed. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO AUTHORIZE THE EXPENDITURE OF $429330.52 FOR THE PURCHASE OF NEW STADIUM FURNITURE FROM FULLERTON RESTAURANT EQUIPMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE PURCHASE ORDER. Page Thirty -Eight — City Council Minutes — October 12, 2004 Councilman Hickman questioned if this would get rid of the plastic chairs. Community Development Director Sapp indicated that the plastic chairs would remain outside. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 35. Memorandum of Understanding; for the Acquisition of Property within the City of Lake Elsinore for Conservation Purposes. Mayor Buckley requested that this item be pulled and rescheduled for the next meeting. 36. Cultural Center Renovations. (17:48.1) Assistant City Manager Best advised that this item would allocate funds to allow for additional improvements to the basement for plastering and painting, so the museum could be open by the beginning of December. She noted the work completed by the Historical Society to date, and indicated that they could not complete the work without assistance. She indicated that since it was a City owned building, staff would like to be able to assist them. Mayor Buckley inquired if this work would include the handicapped ramp, electrical work, etc. Assistant City Manager Best clarified that it would include plastering, painting and water damage repair. George Alongi, noted that he was working with the Historical Society on this project, and indicated that the best investment was in life, self and family. He suggested that this was home to the Lake Elsinore family and would make the building more valuable. He indicated that it was still a great building, and the group had saved a lot of money on electrical work, as he supervised the work himself. He advised that the plastering would be quite extensive because they were not sure how much was involved; and the Page Thirty -Nine —City Council Minutes — October 12, 2004 painting would be no problem. He stressed the dedication of the volunteers, and requested that the Council consider this item. Councilman Magee noted the presence of Historical Society representatives and inquired if they had any input on this matter. Donna Morin indicated that they greatly appreciated what the City was considering doing, and noted that they were hoping to be open for Christmas. She noted that it might not be as elaborate as they would like it to be, but advised that their funds would provide the finishing touches. She advised that the people of Lake Elsinore had provided great support to the museum, and looked forward to displaying the exhibits with pride. She requested consideration of this item and thanked the Council for their consideration. J.J. Swanson, noted that the museum will also be a research library. She commented that the current library was heavily used on issues of Lake Elsinore. She stressed that this was a much needed facility for the community. She expressed appreciation for this consideration. Councilman Schiffner indicated that he had no strong feelings on this, but inquired when the facility was open, if there was a separate access. Assistant City Manager Best indicated that it would be a separate entrance and the Council facility could not be accessed from the downstairs. Councilman Hickman noted that he went into the building when the Historical Society first moved in, and commented that they had done a lot of hard work. He offered his support to their efforts. Mayor Pro Tem Kelley indicated that the Historical Society had already invested $30,000 of their own dollars; so she concurred with Mr. Alongi that the City needed to invest in the project. Page Forty — City Council Minutes — October 12, 2004 MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH THE ANTICIPATED REPAIRS, AND THAT THE FUNDING BE ALLOCATED FROM THE GENERAL FUND UNALLOCATED RESERVES TO COVER THE COST OF IMPROVEMENTS. 37. Update on Special Audit - Verbal Repo . (F:116.1) Mayor Buckley noted that the sub - committee was handling this item, and deferred to Councilman Magee. Councilman Magee commented that four weeks ago, the sub - committee came to the Council with recommendations to choose a contractor to respond to the request for proposal to audit benefits and expenditures in the City. He advised that late last week the auditing firm quit. He indicated that he and the Mayor had discussed it briefly and they looked at the other four bidders and placed a call to the second choice fund. He indicated that between 4 and 6 p.m. today he received a phone message from a representative of Conard & Associates, indicating that they would be interested in continuing with the audit. He requested that Council allow them to meet with Conard and bring back a recommendation in two weeks for approval. Ron LaPere, 16867 Wells, expressed hopes that the sub - committee would spell out with due diligence the scope, and depth of the audit, and the fees attached, so the City could get on with the normal work of the City. Mayor Buckley indicated that they had already written a clear and proper scope of work. He advised that they would be back in a couple of weeks with a recommendation. ITEMS PULLED FROM THE CONSENT CALENDAR Award of Contract - Dust Control - South Western Sealcoatin , Inc. — Page Forty -One — City Council Minutes — October 12, 2004 $72,483.84. (F:156.1) Edith Stafford, 29700 Hursh, indicated that she wanted to speak on this item, but she didn't know quite what it was. She advised that she was having a dust problem for the last four months, that did not seem to get better. She indicated that she had spoken with the Public Works Inspector Mr. Stover, and he was very nice, but the dust kept coming. She noted that she did not even wash her car anymore, because it was dusty the next day. She suggested that the Council look at developers doing a project in the City, and make sure it was stipulated that they watered their property down. She noted she followed a truck on Machado that left a dust cloud, and stressed that something needed to be done about the dust. She stressed the problems with dust in her house, her computers, etc. She reiterated that she was not quite sure what this issue was about and requested strong stipulations to developers, since no one wanted to take responsibility. Assistant City Manager Best clarified that this item was to provide magnesium - chloride on the dirt streets to alleviate some of the problems on dirt roads throughout the City. Councilman Hickman clarified for Mrs. Stafford that the magnesium- chloride would be spread on the roads in the Spring. He indicated that he was sorry it wouldn't help right now, but he would make sure the developers watered the ground. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT AGREEMENT WITH SOUTH WESTERN SEALCOATING, INC., IN THE AMOUNT OF $729483.849 TO PROVIDE DUST CONTROL SERVICES. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M. Page Forty -Two — City Council Minutes — October 12, 2004 THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:26 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES No Comments. CITY MANAGER COMMENTS Assistant City Manager Best commented on the following: 1) Extended Congratulations to Administrative Services Director Pressey on the birth of their sixth child, daughter Shannon Hope Pressey. 2) Announced that Mr. Bill Arnold would be installed on the Public Safety Commission, tomorrow evening. She noted his presence at this meeting. 3) Extended Congratulations to the Country Club Heights Committee on their hard work. 4) Announced that the City Council would have a Study Session on Ethics and Conflicts of Interest this Thursday at 5 p.m. 5) Announced that the City Council would have a Study Session regarding Branding/City Logo next Thursday at 5 p.m. 6) Requested clarification on the request for a policy regarding group requests for additional funding. She inquired if it was the consensus of the Council to move forward on that item. Mayor Pro Tem Kelley confirmed that it was part of the motion. Page Forty -Three — City Council Minutes — October 12, 2004 7) Thanked the staff for filling in during the absence of the City Manager. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Announced that the Council met in Closed Session regarding one case of anticipated litigation with no reportable action. 2) Responded to questions regarding last night's Electoral Reform Committee Meeting, and clarified that it was an ad hoc advisory committee, subject to the Brown Act requirements. She indicated that the posting was in compliance and provided the opportunity at the beginning of the meeting for public comments. She indicated that the Chairwoman had made it very clear that there was only one opportunity for public comment. She clarified that the attorney had not said she could not discuss individual items, but rather the will of the Chairwoman and the Committee. She explained that the noted portion of the Brown Act required that there be allowance for the public to speak before or during the consideration of the item. She clarified that there was no policy requiring the same format for committees as the City Council. She noted that the Committee was considering a policy on ad hoc committees to address this issue, but stressed that their meeting was conducted professionally with no violations. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: Page Forty -Four — City Council Minutes — October 12, 2004 1) Noted that at the 4 p.m. meeting he discussed the Southshore and Wasson Canyon items, and advised that he would be meeting with the Finance Team next week to decide what to do with the $2.6 million that will be coming in. He indicated that they would be moving forward to make sure it went where it belonged. CITY COUNCIL COMMENTS Councilman Schiffner had no comments. Councilman Hickman commented on the following: 1) Offered kudos to the citizens that dropped off trash at the Diamond Stadium. He suggested that if anyone missed the event, they could call CR & R to schedule a special pick up. 2) Encouraged the public to work with the Chamber of Commerce on the food drive for HOPE. Mayor Pro Tem Kelley commented on the following: 1) Thanked the Country Club Heights Committee members, and noted that they worked hard and did an excellent job. 2) Offered congratulations to Pastor Rodriguez and the First Assembly of God Church, noting the grand opening of the new church on Grand Avenue. She noted that it was a beautiful church. 3) Noted that the Art and Wine Festival was well attended. 4) Noted that the Cancer Society Walk for Life was held the same day and was a very successful, moving event. She noted that she and the Mayor had attended the event; and the Mayor handed out medals. She indicated that the event was held in honor of a past student of hers. Page Forty -Five — City Council Minutes — October 12, 2004 Councilman Magee commented on the following: 1) Indicated that he needed help from staff, as he had been inundated by concerns regarding the motocross race track. He indicated that he had been accosted by students, business owners and patrons of the park, as there is some sort of rumor that the park was closing or that the City Council took action to close the park. He indicated that needed to be corrected, as it was not the case. He suggested that the Press could help correct that interpretation, and recommended that the staff do a release to clarify the facts. He indicated that for all of the motocross enthusiasts, the park was staying, and noted that there would also be the Grand Prix in November. Mayor Buckley commented on the following: 1) Noted that he did not attend the last Council Meeting as he was attending a Vector Control Conference in Boston. He noted that no humans or horses had been found in this area with the virus so far, and indicated that California was doing a good job compared to other States. 2) Noted a copy of a letter from Rancho Santa Margarita regarding the road from Riverside County to Orange County and indicated that he would like to send a letter in response. The other Councilmembers concurred that he should send a letter. Councilman Schiffner noted that at the last meeting regarding the road to Orange County, the organization was doing a study and had eliminated the existing Highway 74 from consideration; however Supervisor Buster, an Orange County Supervisor and himself had insisted that it be considered as an option. He stressed that it might be a better choice and the improvement would remove an existing danger. Page Forty -Six — City Council Minutes — October 12, 2004 3) Announced the following upcoming events: October 22 — Red Ribbon Carnival — Lake Community Center October 23 — Cruise Night — Downtown October 31— Safe Candy Night — Downtown November 2 — Election Day November 6 — Household Hazardous Waste Collection November 7 — Open Air Market November 12 -14 — Elsinore Grand Prix November 20 — Unity in the Community Run and Parade December 3 — Snow on Main Street at Winterfest December 5 — Open Air Market 4) Addressed the audit and indicated that he and Councilman Magee were committed to make sure the audit happens. He indicated that they still did not have an adequate explanation as to what happened. He noted a memo from Assistant City Manager Best that suggested shelving the audit. He further noted that there were a great deal of very good people in City Hall, but commented that with regard to the audit, it was absolutely inappropriate for staff to malign the elected board. ADJOURNMENT MAYOR BUCKLEY ADJOURNED THE REGULAR CITY COUNCIL MEETING AT 8:40 P.M. ATTEST: THOMAS'13UC , MAYOR CITY OF LA ELSINORE CITY CLERK/ HUMAN RESOURCES DIRECTOR MINUTES CITY COUNCIL STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA THURSDAY, OCTOBER 14, 2004 CALL TO ORDER The City Council Study Session was called to order by Mayor Buckley at 5:17 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT. COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY 1I1WD Also present were: Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Community Services Director Sapp, Police Chief Fetherolf, Information /Communications Manager Dennis, Public Works Manager Payne, Recreation/Tourism Manager Fazzio and City Clerk/Human Resources Director Kasad. DISCUSSION ITEMS Ethics and Conflict of Interest (17:44.1) City Attorney Leibold indicated that the topics for this meeting were Conflicts of Interest and Ethics; and noted that the two were often used interchangeably. She clarified that Conflicts of Interest were specifically related to financial or economic interests, as set out in the statutes and FPPC regulations. She explained that they were established to prevent government officials from participating in decisions in which they would have a conflict of interest. She commented that a major difference between Conflict of Interest and Ethics, was that Ethics weren't Page Two — City Council Study Session — October 14, 2004 legally required. She explained that Conflict of Interest laws establish a floor at which a government official must decide if they can participate in a decision. She further explained that issues of honesty and integrity, as ethical issues were hard to legislate. She clarified that Conflict of Interest should be seen as a legal standard, while ethical considerations were a matter of policy. She advised that the primary law in this area was the Political Reform Act. City Attorney Leibold presented a Powerpoint highlighting the annual disclosures and who was required to file. She also explained that the Council adopted a Conflict of Interest Code for designated employees, pursuant to FPPC requirements and as they changed the law, the City regulations changed. She advised that the only discretionary portion of that law was the list of designated employees. City Clerk/Human Resources Director Kasad highlighted the list of positions required to file. She explained that ongoing standing commissions /committees were required to file, while ad hoc committees, of limited duration were not required to file. She noted that the filings were public records and explained the disclosure requirements, but indicated that the focus of this meeting was the disqualification requirements. Mayor Buckley questioned the warrant lists and noted that in some places, the checks don't leave the City until the warrant list is approved. City Attorney Leibold indicated that she did not believe that was a requirement, as the process of warrants was permitted by the Government Code; and checks can be paid and sent out, so long as there are appropriated funds. She clarified that the list to the City Council was an appropriation, and there was no need to change the process in relationship to Conflict of Interest. City Attorney Leibold detailed the eight steps for determining whether a disqualifying conflict of interest exists. She advised that the most recent requirement was for the public official to announce their conflict and remove themselves from the dias. She indicated that she had always recommended such action, for the protection of the elected official. She stressed that disqualification did not just apply to voting, but also meeting, influencing, etc. Page Three — City Council Study Session — October 14, 2004 Mayor Buckley questioned the ownership of stocks. City Attorney Leibold indicated that this came down to the issues of materiality; and an official would have to disqualify themselves if there was a material financial effect. Mayor Buckley requested clarification with regard to sources of income, i.e. gifts. City Attorney Leibold indicated that it was necessary to keep track of gifts. Councilman Magee questioned the ability to participate in a discussion if it was within 300 feet of a parcel owned by the official. City Attorney Leibold clarified that participating in the discussion would be deemed participation and a violation of the rules. Councilman Hickman questioned property ownership within proximity of the City. City Attorney Leibold indicated that proximity was only important in decisions in which the elected official participated. Mayor Buckley requested clarification that the same would apply for a commissioner. City Attorney Leibold clarified that the Statement of Economic Interest was required for each agency served, so the area covered might go beyond City jurisdiction. Councilman Magee questioned a project within 300 feet of a property owned by a Councilmember; and suggested that the disqualification would limit freedom of speech. He questioned the ability of an elected official to go to the podium. City Attorney Leibold indicated that such action was viewed very critically, but it was acceptable to express their views; however they would be required to articulate that they had a disqualifying interest. She suggested that if such a situation arose, she would encourage the Councilmembers to discuss the situation with herself or the Fair Political Practices Commission. Mayor Buckley inquired if a property was 300 feet away, but large enough to impact all residents, if there was the potential to not disqualify oneself. City Attorney Leibold used CFD 2003 -1 as an example, noting that it was intended to be City -wide for all new properties, so the impact was no different from anyone in the City. Mayor Buckley questioned if the expansion of a road would be a similar situation. City Attorney Leibold indicated that if it was part of a transportation plan, it probably would not preclude voting, but if there was a unique and special project, there might be a distinction. Mayor Buckley questioned a project like Page Four — City Council Study Session — October 14, 2004 Machado Street. City Attorney Leibold indicated that it was part of the overall CIP Program. She stressed that these were just issues that the Council needed to keep in mind; and noted that she had supplied each Councilmember with the FPPC "Can I Vote" publication as a reminder of the issues. City Attorney Leibold addressed the Conflict issues relating to Contract, as the Common Law Doctrine of Self- Dealing. She indicated that unlike the Political Reform Act, it was not enough to disclose and not participate; but rather, the contract could not be entered into. She provided an example and noted that there were a series of exemptions. She also highlighted the incompatible office regulations, and explained that an official could not serve on the City Council and the Water District simultaneously. Councilman Magee noted that there was an individual serving on two different City committees and running for a seat on the Water Board. He inquired what that person would have to do if they were successful in the election. City Attorney Leibold indicated that since he was an appointed Commissioner, it might be incompatible; but if it were an ad hoc advisory committee, it was unlikely that the issue would arise. She indicated that it would depend on the conflict. Councilman Magee questioned who could push that individual off a Commission; and noted that there was a situation in the 1990's and it took the press to push the issue. City Attorney Leibold indicated that the public had a stick, and the Attorney General had a stick. Mayor Buckley suggested that the Council would have that authority. City Attorney Leibold indicated that it might be a matter for discussion at a later date. Councilman Schiffner noted that he was removed from the Flood Control Commission, when he became a Councilmember. City Attorney Leibold indicated that there were two rules relevant to Redevelopment conflicts and real property. She noted that the only exception was the personal /principle place of residence. She explained that if property is owned when someone assumes office, they are required to disclose it. She further explained that once someone assumes office, it is illegal to acquire property in the redevelopment area, except for a personal residence. Mayor Buckley questioned a house with an apartment; and whether it would be possible to rent it, or a room out. City Attorney Leibold indicated that if the residence was owned, most likely it would be okay to rent it out. She noted that the Agency could not acquire property from an Agency Boardmember, nor enter negotiations Page Five — City Council Study Session — October 14, 2004 to acquire property. She indicated that the only way such a transaction could occur was through eminent domain. Councilman Hickman questioned if someone moved into another home and kept the first home. City Attorney Leibold indicated that she did not see a requirement to sell any property that was already owned, however the official would have to disclose the new acquisition. She noted that if such an issue arose, she would like to look at the issue further. City Attorney Leibold explained that the biggest potential for Conflict of Interest, was under the Political Reform Act. She noted that the City was legally required to adopt a Conflict of Interest Code, which was just done in September. She reiterated that the City's code was the FPPC model Conflict of Interest Code, and the City Code changes with the model. She noted that there were other policy and municipal code provisions relevant to this discussion. She explained that there was a Code of Ethics in the Municipal Code, as Chapter 2.09. She suggested that the existing Code on this issue was a mishmash of Political Reform Act, ethics, etc. She clarified that ethics were things like honesty, integrity, etc.; and noted that she was troubled with those provisions being included as legal requirements. She suggested that following the City law could be in violations of State law, however it provides for a more restrictive qualifying interest. She noted that the City could have discretion and choose to impose a stricter conflict of interest laws than the State. She explained that the difficulty of that was keeping in step with new State mandates, particularly if the City was more restrictive. She commented that while it was a broad policy matter at the Council's discretion, she would question if the Council should be legislating Conflict of Interest rules that are different from the State. She stressed the difficulty of varying regulations, and suggested that the rules could be too oppressive. She further addressed the Municipal Code section and indicated that it picked up broader ethical considerations, and suggested that honesty and loyalty were hard to legislate. She commented that most cities adopt an oath swearing to abide by the Code of Ethics; while other cities adopted rules of conduct. She noted that the City Council Policy Manual included a Code of Ethics, but it was different from the Municipal Code. City Attorney Leibold indicated that the last piece in the packet were four samples Page Six — City Council Study Session — October 14, 2004 from Thousand Oaks, Santa Clara, Huntington Beach and the University of California. She indicated that for discussion, she would hope the Council would ask questions and discuss the issues generally, possibly giving direction to bring something back to a City Council Meeting on Conflict of Interest rules already governed by State law. She questioned if the Council wanted to further legislate the issues or if it would be clearer to provide State law and not confuse the issues. She questioned if the Council wanted to adopt a model Code of Ethics, if it should be legislated or in a policy. She suggested that the existing Chapter 2.09 in the Municipal Code was outdated and confusing. Mayor Buckley indicated that whatever could match State law made the most sense. He indicated that legislating those issues was difficult in that the definitions were not clear. He questioned the meaning of "disloyal to the political objectives expressed by the electorate ". He indicated that there was no question that a Code of Ethics should be in the Policy Manual; and questioned the ability to add something to the Oath of Office. City Attorney Leibold suggested that it would be sequential with the standard followed by a City Oath. Mayor Buckley suggested that it be in the Policy Manual for elected and non - elected officials. Councilman Schiffner indicated that it was his understanding that the FPPC could establish rules, but had no policing power to enforce them. He noted that he asked the question at the League Conference, but got the run- around on the answer. He questioned having rules when the people could violate them without sanctions. City Attorney Leibold clarified that the Municipal Code was enforceable, but the difficulty was in looking at the Code provisions and determining if a violation had occurred. She indicated that there was no body of law defining a personal interest for the Municipal Code. She explained that on financial interests there were volumes of history and reams of regulations, but the difficulty was in making a clear determination on which to make a finding. Councilman Schiffner questioned the ability to spell out this type of regulations adequately. City Attorney Leibold indicated that she could attempt to do so, but questioned how to determine that someone had complied with the oath for the purposes of prosecution. She stressed that she could try, but it was a very difficult task. Mayor Buckley noted the current Code on gifts and favors and indicated Page Seven — City Council Study Session — October 14, 2004 that it should apply to everyone, and then it should be conveyed to the people with whom someone was doing business. He indicated that he would recommend eliminating the inconsistencies between the City Code and State Law., as the two should mirror each other. Councilman Magee suggested cutting out flowery language in the Municipal Code and substituting references to the State Code. City Attorney Leibold concurred and noted the Codes which could be referenced, rather than attempting to restate the requirements. Councilman Schiffner questioned if there was any reason it should be different from the State Code. City Attorney Leibold indicated that there was not, but it would be appropriate to address a Code of Ethics. She commented that it was a good recommendation to reference other codes, but stressed that ethics were important, but hard to legislate. Mayor Buckley inquired if Municipal Code Section 2.09 would come back, per the Council consensus, with the State cites and the ethics code. City Attorney Leibold indicated that she would provide language on the Code of Ethics. Mayor Buckley suggested fixing the policy and creating a separate City Oath that specifically refers to the Ethics Code, which could include sanctions. City Attorney Leibold indicated that she could do that, but it would be a matter of policy and a hearing body could be established or a process implemented. Mayor Buckley suggested that violations could lead to termination or loss of office. Mayor Pro Tem Kelley questioned suggesting a Code of Ethics with sanctions attached, as legislating the issues would be so subjective. She noted that she had reviewed the samples for Santa Clara and Thousand Oaks and preferred the Thousand Oaks one. She indicated she would prefer a policy statement rather than an Oath. She commented that she did not think the Council should go down the road of sanctions for perceived activities. City Attorney Leibold clarified the types of things that would generally be addressed in an Ethics Code and concurred that they were difficult to identify and address. Mayor Buckley noted that the Thousand Oaks sample did include sanctions, but questioned if a separate Oath would be better. Mayor Pro Tem Kelley indicated that she had no problems with the Oath, but was concerned with the sanctions, as it would be so subjective. Page Eight — City Council Study Session — October 14, 2004 Councilman Schiffner commented that if the intent was to include enforcement, it would have to be included in the Municipal Code and spelled out in great detail, as it would be law. City Attorney Leibold commented on the difficulty of things like honesty and integrity, and how to prosecute violations. She suggested that to the extent a separate Code of Ethics was adopted, she could provide a process whereby sanctions such as censorship or public apologies were imposed. Assistant City Manager Best noted that several years ago there were sanctions which were unwritten but placed on a Councilmember. She noted that legislating rules and sanctions would put the staff in a position of being a policing agency and enforce the regulations. She indicated that this made it difficult to maintain good working relationships. She questioned the distinction between ethics and conduct. City Attorney Leibold indicated that some cities do distinguish between a Code of Conduct on things like meeting decorum, and. conducting one's self as a public official at all times. City Attorney Leibold noted that Police Chief Fetherolf had specific knowledge in the area of ethics and deferred to his comments. Police Chief Fetherolf commented that ethical behavior had to do with "ought to" behavior, which is generally covered by manuals and policy. He explained that "morality" was correct behavior which was prosecutable. He noted that when there are attempts to sanction ethical behavior it is very difficult to prosecute, and tends to be a disincentive. City Attorney Leibold thanked him for his comments and noted his credentials in this regard. Police Chief Fetherolf explained that his doctoral dissertation was on Ethical Behavior, and he would be happy to assist the City Attorney on this project. City Attorney Leibold noted comments on rules of decorum of meetings, and while Roberts Rules of Order were discussed, they were not completely applicable. She noted that the City Clerk had provided copies of Rosenberg's Rules of Procedure, and indicated that at some point as work was done on the Policy Manual, she would be asking the Council which one they prefer. Mayor Buckley inquired if the policy should be rewritten to include something else, noting that Robert's Rules could be used as a guide although there was not enough clarity or simplicity. City Attorney Leibold suggested that there was a hierarchy Page Nine — City Council Study Session — October 14. 2004 of rules, but offered to make the suggestion to the Electoral Reform Committee, as they would be making recommendations with regard to commissions, committees, and ad hoc committees. She commented that the reference to Robert's Rules could be deleted or changes. Mayor Buckley requested the provision of copies of Rosenberg's Rules to the Public Safety Advisory Commission and Planning Commission. City Attorney Leibold noted that there were other reference materials available which might be appropriate to obtain for information. She noted the availability of a "Local Officials Guide to Ethics Law ". Mayor Buckley inquired if there was a consensus to match City Code to the State law and let City Attorney Leibold and Police Chief Fetherolf to take a stab at the policy, with the materials being forwarded to the entire Council. Edith Stafford, 29700 Hursh, questioned what nepotism would come under; and how it would come into play. City Attorney Leibold indicated that it was not a statute, but rather a matter of policy, but there was a clear statement in the Personnel Rules. Mrs. Stafford inquired about ethics and how anyone could define ethics in a way of living. She noted excuses people could make for their actions and how to determine a set of rules and put it into living. Mayor Buckley commented that people are either ethical or not ethical. Mrs. Stafford questioned what defined that. Police Chief Fetherolf reiterated that ethics were "ought to" behaviors, defined by policy and rules of an organization. He noted that a personnel code would establish and govern behavior, and related sanctions could be loss of a job, depending on how the rules and regulations were written. He noted that there were a variety of rules in the Sheriff's Department, and noted that employees took an oath that they would live per those rules and regulations or risk discipline. Mrs. Stafford commented that lying would be unethical. Police Chief Fetherolf concurred that would be a breech of ethical behavior. ADJOURNMENT Page Ten — City Council Study Session — October 14, 2004 The City Council Study Session was adjourned at 6:35 p.m. THOMAS BUCKLE CITY OF LAKE EL' , VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, OCTOBER 26, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, MAGEE, SCHIFFNER,BUCKLEY ABSENT: COUNCILMEMBERS: KELLEY Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resource Director Kilroy, Engineering Manager Seumalo, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) County of Riverside, et al v. City of Lake Elsinore and Laing -CP Lake Elsinore LLC (Riverside County Superior Court Case No. RIC418775) (F:52.2)(X:40.1) City Attorney Leibold announced that there was no need for discussion of the Page Two — City Council Minutes — October 26, 2004 above listed Closed Session item. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:05 P.M. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:01 p.m. PLEDGE OF ALLEGIANCE Mayor Buckley noted that the Daughters of the American Revolution would be receiving a Proclamation, and requested that they lead the Pledge of Allegiance. The Pledge of Allegiance was led by representatives of the Daughters of the American Revolution. A. Proclamation - Constitution Week. (F:122.1) Mayor Buckley read and presented the Proclamation which was continued from the last meeting to representatives Joyce Hohenadl, Faye Bishop, Imogene Llewellyn and Helen Chadwick. Mrs. Hohenadl detailed the requirements for membership in the Daughters of the American Revolution and announced an essay contest being sponsored by the Menifee Valley Chapter. She indicated that the contest was open to 5th through 81h grade students, with the topic of "Along the Trail with Lewis and Clark ". She detailed the prizes and encouraged participation. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley called forward the representatives of the Lake Providence Page Three — City Council Minutes — October 26, 2004 Missionary Baptist Church and jointly they led the meeting in a moment of silent prayer. B. Proclamation - 50th Anniversary - Lake Providence Missionary Baptist Church. (F:122.1) Mayor Buckley noted that the Lake Providence Missionary Baptist Church had been in the community for 50 years and read and presented the Proclamation. Representatives of the Church, including Pastor Alexander accepted the Proclamation and thanked the Council for this recognition. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber, City Clerk/Human Resources Director Kasad. CLOSED SESSION REPORT City Attorney Leibold reported that the Closed Session discussion as listed on the agenda was not held. Page Four — City Council Minutes — October 26, 2004 PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE No Comments. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following item and deferred to that discussion: Item No. 37. CONSENT CALENDAR MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Joint Study Session — September 28, 2004. (F:44.4) b. Regular City Council Meeting — October 12, 2004. The following Minutes were received and filed: C. Planning Commission Meeting — September 7, 2004. (F:60.3) d. Planning Commission Meeting — September 21, 2004. 2. Ratified Warrant List for October 14, 2004. (F:12.3) 3. Approved Change Order No. 1 and Accepted Notice of Completion for Machado Street Pavement Rehabilitation for R.J. Noble Company. (F:156.2) 4. Approved use of $108,476 in Traffic Impact Fees and $41,524 from the Traffic Safety Fund; and directed staff to implement the design and Page Five — City Council Minutes — October 26, 2004 construction of a traffic signal at Grand Avenue and Broadway Street. (F:162.4) Rejected and referred to Claims Administrator for handling the Claim Against the City, submitted by Salvador Linares (CL #2004 -07), and directed the City Clerk to send a letter advising the Claimant of this decision. (F:52.2) 6. Approved Cornet Service Level Contract for Fiscal Year 2004 -05. (F:68.1) 7. Approved Yearly Software Maintenance Agreement and License for Sungard H.T.E., Inc. (17:68.1)(X:65.1) PUBLIC HEARING 21. Canyon Hills Market Place -Commercial Design Review Nos. 2004 -02 & 2004 -10 (Canyon Hills Specific Plan). (F:58.2)(X:150.2) Mayor Buckley opened the public hearing at 7:10 p.m. Community Development Director Brady detailed this item and noted that it was made up of two sites at Railroad Canyon and Canyon Hills Road. He advised that the item was before the Planning Commission on October 19th, and they recommended approval. He indicated that there were several Conditional Use Permits approved at the same time; and highlighted the proposed site plan. He noted that there were a number of smaller pads including a service station a lube & tune facility and a bank, as well as a market and outdoor seating area. He advised that the architecture and design were consistent with the Specific Plan and carried similar stone work. He advised that the final map for this item would come forward at the next meeting and recommended approval for both parcels. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Councilman Hickman indicated that he liked the outside rest area. He Page Six — City Council Minutes — October 26, 2004 inquired if there would be restaurants located in the immediate vicinity of that feature. Community Development Director Brady deferred to the applicant. Colton Sudberry, representing the applicant, indicated that some fast food uses were proposed and noted the locations. He advised that they were also proposing a restaurant surrounding the courtyard as a heartbeat of the project. He explained that they tried to merchandise food locations around the public places. Councilman Hickman noted that the location of this center was where the middle school had been. Mayor Pro Tern Kelley indicated that she lives in the Canyon Hills development, but several miles away from this project, so there would not be a conflict. She advised that she had no problems with area 4 of this project, however she had some questions and concerns with area 3. She noted that there were a lot of building pads, mostly automotive and two drive -thru restaurants in close proximity. She noted that the automotive repair uses were more level with the street, and the other buildings had a landscaped slope. She expressed concern that the auto repair and outdoor storage was closer to the road and more visible. Mr. Sudberry clarified their proposal, and explained that the use would be a Big O Tires, with no repair garage. He explained that the building was elevated and would blend pretty well with the rest of the uses. He indicated that area 3 was an irregular shaped parcel, so the uses were difficult to configure to the site. He indicated that they were concentrating the food users and plaza area in area 4 with the major tenants. He displayed the Big O Tires elevation. Mayor Pro Tem Kelley indicated that as she was driving down Railroad Canyon, she was very concerned about it, but noted that Condition 16 required " no outdoor storage ". Mr. Sudberry requested that the Condition be amended to say "unless allowed by permit ". Mayor Pro Tern Kelley stressed her concern with auto storage. Mr. Sudberry indicated that the "outdoor storage" was more related to the market and drug stores for Page Seven — City Council Minutes — October 26, 2004 seasonal or sidewalk sales, and not the auto dealers. Mayor Pro Tem Kelley inquired if the applicant had signed with markets or restaurants for the site. Mr. Sudberry indicated that they had not but would be bringing them back soon. He advised that they were talking with Carl's Jr., Del Taco and Farmer Boys. He noted that there was a limit to the shops that could go into a center like this. He explained that banks and fast food restaurants have drive -thrus which are more conducive to area 3 than area 4. Mayor Pro Tem Kelley inquired who they had signed for area 4. Mr. Sudberry indicated that they had signed letters of intent from Bank of America, a drug store, Blockbuster Video, Starbuck's Coffee, etc. Mayor Pro Tem Kelley stressed that her only concerns were with area 3. She noted that the applicant was required to include stone facades on the development. Mr. Sudberry indicated that they had requested a change to that condition. He explained that they had done retain development for 25 years and this would be their seventh center for Pardee, and noted their attention to landscaping and the buildings. He reiterated that area 3 had some of the uses due to the shape of the property, which limits what they can develop. He stressed their interest in providing goods and services the community needs for a good balance. He indicated that with regard to the trash enclosures, staff felt there should be some stone veneer to dress them up, but their practice had been to provide landscape screening. Mayor Pro Tem Kelley indicated that she appreciated the designs with plants, boulders, etc, but noted that she would be very picky on the signage for the project. City Treasurer Weber noted that he also lives in Canyon Hills and explained the two lane roads in each direction with trees in the middle. He expressed hopes that the residents would not be looking at garage doors on repair shops. Mr. Sudberry indicated that the back of the facility would not be seen, due to the slopes. He clarified the potential views for the project. City Treasurer Weber questioned the noticing for this project. Assistant City Manager Best clarified the requirements for a 300 foot perimeter around the project. City Treasurer Weber stressed that this was a major entrance and more thought should have gone into telling a few more people about the plans. Page Eight — City Council Minutes — October 26, 2004 Mayor Pro Tern Kelley noted that there was a sign on the property. City Treasurer Weber stressed that he did not know it would be considered tonight. Mayor Pro Tern Kelley stressed that the existing sign delineated the types of uses to be constructed. City Treasurer Weber reiterated that it did not state that it would be heard tonight. Councilman Hickman requested that the applicant make sure the parking lot was big enough to hold SLJV's. Mr. Sudberry indicated that the stores were catching on to that issue and requiring bigger stalls. Mayor Buckley asked staff if there was movement toward getting rid of compact spaces. Community Development Director Brady indicated that planning discourages compact spaces as this point. Mr. Suberry clarified that they were not proposing any compact spaces. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL DESIGN REVIEW NO. 2004-02, COMMERCIAL DESIGN REVIEW NO. 2004-02 BASED ON ATTACHMENTS A THROUGH F AND THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. Mayor Buckley closed the public hearing at 7:27 p.m. FINDINGS COMMERCIAL DESIGN REVIEW NOS. 2004 -02 AND 2004 -10 The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. Commercial Design Review Nos. 2004 -02 and 2004 -10 comply with the goals and objectives of the General Plan. The General Plan designates the affected sites as "Canyon Hills Specific Plan ". The Zoning classifies the affected sites as "C2, General Commercial" and "Cl, Neighborhood Commercial ", respectively. The proposed Commercial Design Review applications evaluate design of the Canyon Hills Market Place which implements the intended land use of the affected sites. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Page Nine — City Council Minutes — October 26, 2004 Commercial Design Review Nos. 2004 -02 and 2004 -10 propose the Canyon Hills Market Plan which has been designed in accordance with the size and shape of the property, thereby creating interest and varying views as a person moves along Railroad Canyon Drive and Canyon Hills Road. The projects complement the design quality of existing and future development by creating a visually - pleasing commercial center. The projects' architectural design, color and materials, and site design are original and attractive. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. The Addendum to the 1989 Final Canyon Hills Specific Plan Environmental Impact Report, which was prepared in accordance with Section 15164 of the State CEQA Guidelines, provides the necessary environmental clearances for the proposed applications. The proposed commercial uses are either permitted by right or conditionally permitted by the Canyon Hills Specific Plan. Accordingly, staff believes the proposed applications implement the land use objectives and requirements of the Specific Plan and finds that further environmental evaluation is therefore, unnecessary. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), Commercial Design Review Nos. 2004 -02 and 2004 -10 include conditions of approval to ensure proper development and that hazards to the general public will not result. CONDITIONS OF APPROVAL PLANNING DIVISION General Conditions 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, Consultants or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Marketplace, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. Future development shall comply with those standards and guidelines contained in the Canyon Hills Page Ten — City Council Minutes — October 26, 2004 Specific Plan. 3. Those issues, standards, guidelines, etc. not addressed in the Canyon Hills Specific Plan will revert to the City Municipal Code and /or Zoning Code in effect at the time future projects are constructed. 4. The applicant shall provide all applicable project- related onsite and offsite improvements as described in the Canyon Hills Specific Plan document and Tentative Tract Map No. 30496. The applicant shall implement appropriate mitigation measures contained in the Mitigation Monitoring Program for the Canyon Hills Specific Plan Final Environmental Impact Report. 6. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. Provisions of the City's Noise Ordinance shall be satisfied during all site preparation and construction activity. Site preparation activity and construction shall not commence before 7:00 AM and shall cease at 7:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 8. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along project and perimeter streets and other connecting roads shall be applied to minimize fugitive dust generation. Fugitive dust suppression techniques may include soil watering, application of soil binders, and /or placement of gravel or other appropriate material to minimize vehicle generated dust. Conditions For Commercial Design Review Nos. 2004 -02 and 2004 -10 9. Approval for Commercial Design Review Nos. 2004 -02 and 2004 -10 will lapse and be void unless a building permit is issued within two years of the approval date. An extension of time, up to one (1) year may be granted by the Community Development Director prior to the expiration of the initial Commercial Design Review approval upon application by the applicant and payment of required fees one (1) month prior to expiration. 10. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 11. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. Page Eleven — City Council Minutes — October 26, 2004 12. Mechanical equipment will be sufficiently screened by the building parapets or other screening materials or methods to ensure said equipment is not publicly visible, subject to the approval of the Community Development Director or designee. 13. All trash enclosures shall comply with the City's detail for trash enclosures and shall provide other enhancements deemed appropriate by the applicant and the Community Development Director or designee. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 16. No outdoor storage of materials /merchandise is permitted, except if related to those temporary uses and /or events that are allowed by issuance of a City temporary use permit. 17. All exterior lighting shall be shielded and directed onsite so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 18. All exterior downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building as approved by the Community Development Director or Designee. 19. The Community Development Director or designee shall review and approve final architectural plans to ensure all cornice elements shall be raised, the number of diamond ceramic tiles are reduced on certain elevations, and the back sides of those parapets that are exposed to public view are architecturally enhanced. 20. All drive aisles and loading areas shall be kept and maintained free and clear of any materials /merchandise so as not to obstruct onsite circulation and deliveries. 21. All parking stalls shall be double- striped with four -inch lines, that are two feet apart. 22. A 12 -inch concrete paver along the side of parking stalls that are adjacent to planters (paver to include curb width) shall be provided. 23. All exposed slopes in excess of three feet in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. Page Twelve — City Council Minutes — October 26, 2004 24. Streetprint shall be provided at all driveway entrances. Onsite landscaping shall be enhanced at all entry areas and major intersections and shall be subject to the review and approval of the Community Development Director or designee. 25. The applicant shall meet ADA (Americans with Disabilities Act) requirements. 26. No exterior roof ladders shall be permitted. 27. All service and loading doors shall be painted to match the building. 28. Onsite surface drainage shall not cross sidewalks. Prior to Buildin2/Cradinn Perrrrit Issuance 29. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 30. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 31. Prior to issuance of the first certificate of occupancy for each Planning Area, the entire site parking lot, entry driveways, perimeter and internal landscaping, offsite improvements, etc. shall be completed as indicated on the approved plans, or a construction/site improvement phasing plan for that particular Planning Area as approved by the Community Development Director. 32. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. • All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. • Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty- four -inch (24 ") box in size. • All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. Page Thirteen — City Council Minutes — October 26, 2004 • Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). • Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. • Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. • The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. • All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval/acceptance by the Landscape Consultant and Community Development Director or Designee. • All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. • Final landscape plan must be consistent with approved site plan. • Final landscape plans to include planting and irrigation details. 33. The applicant shall establish and record a reciprocal shared parking agreement with the County of Riverside which allows all future commercial tenants and users to share parking onsite. 34. The applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Manager prior to issuance of building permits and final approval. 35. The applicant shall prepare a signage program which illustrates community theme signage, directional signs, monuments, etc., subject to approval by the Community Development Director or designee. 36. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 37. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Page Fourteen — City Council Minutes — October 26, 2004 Plan and Integrated Waste Management Plan. 38. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 39. The applicant shall meet all requirements of the providing electric utility company. 40. The applicant shall meet all requirements of the providing gas utility company. 41. The applicant shall meet all requirements of the providing telephone utility company. 42. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 43. Bus shelters shall be designed consistently with the materials and colors of the proposed Canyon Hills Market Place. ENGINEERING DIVISION 44. Construct fourth leg of existing signal at Canyon Hills Drive and Railroad Canyon Road to provide access to this site. Signal shall be operational prior to first Certificate of Occupancy. 45. Provide deceleration lane at southerly entrances for both the eastbound and westbound sides of Railroad Canyon Road. Deceleration lane shall be designed and constructed to Caltrans standards. 46. All landscaping and signage for both planning areas shall be designed and constructed to preserve traffic sight distances consistent with Caltrans standards. 47. Provide for long -term barricade and erosion control methods at the stubbed street at the southwest end of the property in Planning Area 3. 48. Entrance drive aisles for both Planning Areas shall be clear from parking spaces or intersecting drive aisles for a minimum of 40 feet measured from the curb line of the project entrance. 49. Building structures shall not encroach onto established easements. 50. Provide a detention / desiltation basin to mitigate for the difference in flows (developed and undeveloped) for the 100 -year storm. 51. All off -site grading, non- historic drainage and /or construction shall be notarized and have recorded letter(s) of permission. Page Fifteen — City Council Minutes — October 26, 2004 52. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 53. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 54. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 55. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 56. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 57. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34). 58. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 59. Enter into an agreement with the City for the construction of public works improvements and post the appropriate bonds prior to final map approval. 60. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x I V Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 61. Install permanent survey monuments in compliance with the City's Municipal Code. 62. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 63. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 64. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 65. Install blue reflective pavement markers in the street at all fire hydrant locations. Page Sixteen — City Council Minutes — October 26, 2004 66. Submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 67. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy, the applicant shall submit tapes and /or disks which are compatible with City's ARC Info /GIS or the applicant shall pay $300 per sheet for City digitizing. 68. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 69. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 70. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 71. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. A letter certifying that the site is clear of these hazards will be required if mitigation is not identified. 72. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to I for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 73. Prior to commencement of grading operations, applicant shall provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 74. Provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, the applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right - of -way, subject to the approval of the City Engineer. 75. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Page Seventeen — City Council Minutes — October 26, 2004 76. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final map. A note should be added to the final map stating: "Drainage easements shall be kept free of buildings and obstructions ". 77. All natural drainage traversing the sites shall be conveyed through the sites, or shall be collected and conveyed by a method approved by the City Engineer. 78. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 79. Meet all requirements of LEMC 15.68 regarding flood plain management. 80. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. The applicant shall mitigate any flooding and /or erosion caused by development of the sites and diversion of drainage. 81. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 82. Storm drain inlet facilities shall be appropriately stenciled to prohibit illegal dumping in the drain system; the wording and stencil shall be approved by the City Engineer. 83. 10 -year storm runoff shall be contained within the curb and the 100 -year storm runoff shall be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities shall be installed. 84. Install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 85. The applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their Stormwater Pollution Prevention Plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 86. Provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. Grading plans shall include details of the erosion control provisions. 87. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. Page Eighteen — City Council Minutes — October 26, 2004 88. All parcels shall have direct access to public rights -of -way or be provided with a minimum 30 -foot ingress and egress easement to public right -of -way by separate instrument or through map recordation. 89. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. RIVERSIDE COUNTY FIRE DEPARTMENT 90. The applicant shall comply with all comments and conditions of approval from the Riverside County Fire Department (as attached). POLICE DEPARTMENT 91. The applicant shall comply with all comments and conditions of approval from the Police Department (as attached). COMMUNITY SER VICES DEPARTMENT 92. Prior to issuance of building permits, the applicant shall pay park -in -lieu fee in effect at the time of building permit issuance. 93. The applicant to maintain all onsite landscaping. 94. The applicant to comply with all City Ordinances regarding construction debris and removal (Chapter 8.16 LEMC). 95. The applicant to comply with all NPDES regulations. OUTSIDE AGENCIES 96. The applicant shall comply with all recommendation and requirements identified in the attached letter from Riverside Transit Agency dated April 29, 2004. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1129 - Zone Change 2004 -01 - The Sauls Company. (F:172.1) Page Nineteen — City Council Minutes — October 26, 2004 MOVED BY MAGEE, BY HICKMAN TO ADOPT ORDINANCE NO. 1129, UPON SECOND READING, BY TITLE ONLY: ORDINANCE NO. 1129 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004 -01, CHANGING THE ZONING DESIGNATION FROM "RR- RURAL RESIDENTIAL" TO RI - SINGLE FAMILY RESIDENTIAL," UNDER THE ZONING ORDINANCE, ON 10+ ACRES LOCATED APPROXIMATELY TWO MILES NORTHEAST OF THE INTERSTATE 15 /STATE HIGHWAY 74 (CENTRAL AVENUE) INTERCHANGE, AT THE SOUTHERN END OF TRELLIS LANE, SOUTH OF SHARON STREET, AND KNOWN AS ASSESSOR'S PARCEL NOS. 347 - 110 -021. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Design Review of Residential Project NO. R 2004 -06 —Ali Salman —16420 Joy (F:138.2) Community Development Director Brady indicated that this was a design review for seven apartment units on Joy Street adjacent to Machado Elementary School. He noted that the development would be required to Page Twenty — City Council Minutes — October 26, 2004 participate in the CFD for Public Safety and the Lighting and Landscape Maintenance District. He detailed the unit sizes and indicated that they would include attached garages. Mayor Pro Tem Kelley inquired about the plans, and noted a reference to chain link fences coming down and being replaced with tubular fences. Community Development Director Brady clarified that the fences would be tubular wrought iron. Councilman Hickman addressed the fences and requested that there be a requirement for round tubular, instead of square tubular to prevent corrosion and rust. Community Development Director Brady indicated that he could bring it to the developer's attention. Councilman Hickman questioned crime problems in the existing units on Joy Street. Chief Fetherolf indicated that there was nothing that stood out. Mayor Buckley questioned the addition of a condition to require participation in the Crime Free Multi- Housing Program. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR RESIDENTIAL PROJECT NO. R 2004 -06 FOR SEVEN APARTMENT UNITS TO BE ADDED TO A SIX UNIT APARTMENT COMPLEX AND RELATED IMPROVEMENTS TO BE LOCATED AT 16420 JOY STREET, BASED ON THE EXHIBITS AND FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL WITH THE ADDITION OF A CRIME FREE MULTI - HOUSING PROGRAM CONDITION. FINDINGS The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. Page Twenty -One — City Council Minutes — October 26, 2004 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Section and the planning district in which the site is located. CONDITIONS GENERAL CONDITION The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and/or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. PLANNING DIVISION 2. Design Review approval for Residential Design Review No. R 2004 -06 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 3. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 4. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 5. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. Wall or window mounted air conditioners shall not be allowed. Page Twenty -Two — City Council Minutes — October 26, 2004 6. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building and shall be approved by the CDD or Designee. 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 8. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 9. Applicant shall use roofing materials with Class "A" fire rating. 10. The applicant shall meet all Building and Safety Division requirements. 11. A cash bond of $1,000.00 shall be required for any construction trailers placed on the site and used during construction. Bonds will be released after removal of trailers and restoration of the site to an acceptable state, subject to the approval of the Community Development Director or designee. 12. The applicant shall comply with the City's Noise Ordinance. Construction activity shall be limited to the hours of 7:00 AM to 5:00 PM, Monday through Friday, and no construction activity shall occur on Saturdays, Sundays or legal holidays. 13. Applicant shall comply with all requirements of the City's Grading Ordinance. Construction generated dust and erosion shall be mitigated in accordance with the provisions of Municipal Code, Chapter 15.72 and using accepted control techniques. Interim erosion control measures shall be provided thirty (30) days after the site's rough grading, as approved by the City Engineer. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. A decorative masonry 6 foot block wall shall be installed along all side and rear property lines. This wall shall include pilasters at corners and every 50 feet. A 5 foot tubular steel fence shall be installed along the front property line. The City standard 6 foot wood fence shall be installed between each unit's rear private open space areas. 16. The applicant shall install the City standard 6 foot wood fence between the existing unit's rear private open space areas. 17. Decorative paving shall be included at the drive entryways and shall be shown on the construction drawings submitted to Building and Safety. 18. On -site surface drainage shall not cross sidewalks. Page Twenty -Three — City Council Minutes — October 26, 2004 19. Any exterior downspouts shall be painted to match the exterior colors of the building. 20. No outdoor storage shall be allowed for any tenant. 21. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 22. Any proposed mailboxes shall be located in decorative housings which incorporate similar materials, colors, and textures utilized on the proposed building. The area for mailboxes should be of sufficient size to enable residents to pick up or deposit mail without encroaching on landscaping or parking. 23. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 24. The applicant shall submit a check in the amount of $64.00 made payable to the County of Riverside for a Certificate of Fee Exemption "de Minimis Impact Finding. The check shall be submitted to the Planning Division for processing within 48 hours of the projects approval. PRIOR TO B UILDING /GRADING PERMITS 25. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 26. The building addresses shall be a minimum of four inches (4 ") high and shall be easily visible from the public right -of -way. Developer shall obtain street addresses for each unit prior to issuance of building permits. The addresses shall be displayed near the entrance. 27. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. The applicant shall include plans to include revising the existing unit's front landscaped areas. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, maximum of forty feet.(40) apart and at least twenty- four -inch (24 ") box in size. C) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. Page Twenty -Four — City Council Minutes — October 26, 2004 d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. f) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive watering. h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two 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. 28. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 29. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 30. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 31. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 32. The applicant shall pay the Multi Species Habitat Conservation Plan (MSHCP) Local Development Mitigation Fee of $859.00 per dwelling unit (fee for density greater that 14.1 Page Twenty -Five — City Council Minutes — October 26, 2004 dwelling units per acre) prior to obtaining building permits. PRIOR TO FINAL APPROVAL 33. The applicant shall meet all Conditions of Approval prior to final approval. 34. The landscaped areas noted on the Landscape and Irrigation Plan shall be installed and approved prior to final approval. Approval is based on the completion of all irrigation and planting as noted on the Landscape and Irrigation Plans. 35. The applicant shall annex into the Community Facilities District (CFD) No. 2003 -01 thereby offsetting the annual negative fiscal impacts on public safety operations. Added to Conditions of Approval at City Council 10 -26 2004 ENGINEERING DIVISION 36. Pay all development fees, including area drainage, TIF and TUMF. 37. Provide drainage plan including hydrology and hydraulic information. 38. Provide clean water mitigation for construction activities as well as post construction operations. 39. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to issuance of building permit. 40. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 41. Pay all Capital hnprovement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 42. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to issuance of building permit. 43. Construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to final map approval (LEMC 16.34).. 44. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 45. Applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. Page Twenty -Six — City Council Minutes — October 26, 2004 46. Interior streets shall be designed with 9% as the desired grade and intersecting streets shall meet at a maximum grade of 6 % 47. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements (LEMC 12.08 and Resolution 83 -78). 48. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 49. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 50. Applieant shall obtain all neeessaFy effqite. eawmentS 4)r off site grading ffem the adjaeent prior to final map ......_,._ al (Deleted, does not apply to project) Revised at Planning Commission Meeting October 5, 2004 51. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. required by the rem Engi..,.,._ (Deleted, does not apply to project) Revised at Planning Commission Meeting October 5, 2004 53. Developer shall annex to the City's Street Lighting and Landscaping Maintenance District. 54. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 55. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to final map approval. All traffic control devices shall be installed prior to final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the tract. 56. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 57. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. Page Twenty -Seven — City Council Minutes — October 26, 2004 58. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 59. An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 60. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 61. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 62. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 63. On -site drainage facilities located outside of road right -of -way should be contained within drainage easements shown on the final txap the precise grade plan. A note should be added to the final map precise grading plan stating: "Drainage easements shall be kept free of buildings and obstructions." Revised at Planning Commission Meeting October 5, 2004 64. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 65. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 66. Meet all requirements of LEMC 15.68 regarding floodplain management. 67. The applicant to provide FEMA elevation certificates prior to certificate of occupancies 68. Submit a aye and HydFatilie Rep-arts t• rRVJR1V a appFeval by C= Engineer a w Delete, condition has been covered by Conditions No. 36 and 63. Revised at Planning Commission Meeting October 5, 2004 69. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 70. Roof and yard drains shall not be allowed to connect directly through cuts in the street curb. Page Twenty -Eight — City Council Minutes — October 26, 2004 Roof drains should drain to a landscaped area when ever feasible. 71. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 72. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 73. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System ( NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. 74. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their storm water pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 75. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 76. Applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 77. Intersection site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for intersections on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 78. Project will be required to participate in Crime Free Multi - Housing Program. 33. Approval of Final Parcel Map 32336 — Forecast Homes — North of Grand Avenue at the end of McVicker Canyon Park Road. (F:110.2) Community Development Director Brady commented that this was a standard final map approval. Page Twenty -Nine — City Council Minutes — October 26, 2004 MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE FINAL PARCEL MAP 323369 ACCEPTING ALL DEDICATIONS; AND AUTHORIZED THE CITY CLERK TO SIGN MAP AND ARRANGE FOR RECORDATION. 34. Thelma Ball Memorial Hall — Senior Center Annex Building. (F:144.3) City Manager Best deferred to Community Services Staff. Recreation and Tourism Manager Fazzio noted that on September 29`h, the community lost a valuable volunteer, being Thelma Ball. She indicated that Mrs. Ball began with Golden Spectrum, which ran the Senior Center. She further indicated that she ran many fund- raisers. She noted that Bingo was near and dear to Mrs. Ball's heart, and she was always there to oversee the program and involved in food giveaways. She indicated that Mrs. Ball was adamant about having a pantry at the Senior Center. She commented that staff felt that this would be a good memorial to name something in her honor and chose the Annex building. She noted that staff would like to install a bronze plaque and hold a small memorial service in her honor, since she was buried in Los Angeles and many people from the Center could not attend. She indicated that the cost would be about $2,000 for the plaque. Senior Center Coordinator Gulbransen commented that Mrs. Ball was a wonderful volunteer who supported a number of programs financially. She noted that Mrs. Ball fought Cancer for 4 -1/2 years, and was an inspiration for her efforts and the programs she facilitated. She indicated that Mrs. Ball was dedicated to the very end, and in discussions with her daughter she found that the family had a great deal of proud in Mrs. Ball. Community Services Director Sapp added that he had worked with Mrs. Ball for fifteen years and the Senior Center annex was there because Mrs. Ball fought for it and supported the City. He indicated that her passion, stubbornness and devotion would be missed. Page Thirty — City Council Minutes — October 26, 2004 Mayor Buckley questioned when the memorial would be held. Mayor Pro Tem Kelley commented that this was a very appropriate recognition. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE STAFF'S REQUEST TO NAME THE "ANNEX" BUILDING AT THE SENIOR CENTER THE "THELMA BALL MEMORIAL HALL" AND ALLOCATED FUNDING FOR A BRONZE PLAQUE AS A MEMORIAL TO SOMEONE WHO DEDICATED MUCH OF HER LATER LIFE TO THE LAKE ELSINORE SENIOR CENTER. 35. Hazard Mitigation Plan —Resolution No. 2004- 64.(F:74.1) Assistant City Manager Best noted that the Hazard Mitigation Plan was a regional plan for the County, which assists the City and all participating jurisdictions in gaining grant funds. Public Works Manager Payne explained that this request was for acceptance of the countywide plan, and noted that each Council Member had received a copy of the plan. He presented a Power Point presentation detailing the goals and components of the plan. He thanked Phil McCormick from the Office of Emergency Services for his assistance in this process. He explained that the development of the plan began about a year ago, with the County taking a regional approach and Lake Elsinore participating with 24 cities in the development of the plan. He noted that the City assembled a work team from all City departments and the final plan identifies the potential hazards in the community and establishes means to reduce the impacts. He advised that with the adoption of this plan the City will be eligible for FEMA funds, in the case of future natural disasters. Mayor Buckley inquired if the plan had been reviewed by the Public Safety Advisory Commission, prior to Council consideration. Assistant City Manager Best indicated that if it was approved tonight, it would go to the Page Thirty -One — City Council Minutes — October 26, 2004 Commission. Mayor Buckley inquired if annual approval would be required. Public Works Manager Payne indicated that it would probably be appropriate to review the plan for annual updates. Mayor Buckley suggested that next year the review process start with the Public Safety Advisory Commission. Assistant City Manager Best indicated that approval of the resolution was needed tonight to meet the County deadline. Councilman Hickman thanked Mr. McCormick for his work. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-649 ACCEPTING THE PLAN. RESOLUTION NO. 2004-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE FOR ACCEPTANCE OF THE RIVERSIDE COUNTY OPERATIONAL AREA MULTI - JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN. 36. Lake Elsinore Rental Housing Safety Program — Ordinance No. 1130. (17:87.1) Community Development Director Brady highlighted the program regarding rental housing units throughout the City. He advised that there were about 12,000 rental housing units in the City, with about 18% being multi - family units. He explained that the intent was to develop a program to ensure that the rental residents have a safe and decent place to live. He advised that The program as proposed in the Ordinance would eventually require all rental units to be inspected by the City. He indicated that a requirement also currently exists that each unit obtain a business license from the City as well; however a number of units are not yet licensed. He stressed that the purpose of licensing was to ensure that the units were meeting minimum Page Thirty -Two — City Council Minutes — October 26, 2004 standards. He indicated that under the program both the interior and exterior of the properties would be inspected. He advised that the Crime Free Multi- Housing Program would work hand -in -hand with this program; and indicated that Code Enforcement would also be participatory in the program. He indicated that this program would provide much safer housing for the residents, a decrease in crime and an increase in property values. He noted earlier questions on this program and advised that the City Council had funded $235,000 for implementation of the program. He further advised that part of the cost of the program would be off -set by a fee for inspection of the units. He indicated that the intent was to bring the units into compliance and noted that the inspection certificates would be good for two years if the units are found to be in compliance. He commented that Councilman Magee had questioned the noticing of the program; and indicated that many of the properties were participating in Crime Free Multi- Housing Program and they had been advised that this program was coming forward. He indicated that if the intent was to notify the property owners throughout the City, staff would do an outreach to notify them of the program. He noted that the proposed fee was provided to give the Council an idea of the cost structure, and indicated that it would be an incentive that if they participate in the inspections, the fee would be reduced to increase participation. He indicated that staff would notify the property owners and bring the matter back for consideration at a later meeting; most likely in November. Mayor Buckley commented that this item was being continued, but noted that if anyone owned rental property, this program was coming and there would be a fee attached to the inspections. He noted that it would cover all rental units in the City and indicated that anyone with questions could call City Hall over the next couple of weeks. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO A DATE NOT CERTAIN TO ALLOW FOR FURTHER PROPERTY OWNER NOTIFICATION. Page Thirty -Three — City Council Minutes — October 26, 2004 37. Benefit Audit. (F: 116.1)(X:44.1) Mayor Buckley addressed the benefit audit and highlighted the agenda report. He indicated that the cost of the audit would not exceed $18,000, but noted the need for certain legal assistance on the audit. He requested that Conrad & Associates be authorized to proceed with the audit, in addition to authorization for up to $7,000 for the use of Personnel Attorney Steven Filarsky. Councilman Magee concurred with this recommendation and looked forward to Council approval so the sub - committee could proceed. Chris Hyland, 15191 Wavecrest, expressed concern with the use of Conrad & Associates. She noted that it had been reported that the Administrative Services Director, who handles tax money, has worked for this auditor in the past, in another City. She questioned the potential conflict of interest. She commented that the audit included Health/Wellness and the Warrant List, and noted that the Director collects Health and Wellness. She suggested pursuing an auditor who had never had contact with any employees. She stressed that she had a real problem with this issue and would be contacting the FPPC to determine whether a conflict of interest existed. Ron LaPere, 16867 Wells, indicated that a precedent had been set on many things throughout the City, particularly regarding benefits for staff and elected officials. He noted that one of the elected officials was the Treasurer, who received benefits comparable to the City Council. He noted that the official could either receive or reject the benefits, but they were the same as those provided to the Council. He commented that the Council took action this year to approve the benefits, with which he had no problem; but suggested that there was a minor issue in that the action did not take into account that the benefits took effect on January 1St. He clarified that the total cost of benefits paid, had not been authorized by the Council, and suggested making the motion on this item retroactive to January 1St. He suggested that in light of the benefit audit, he would not think the Council Page Thirty -Four — City Council Minutes — October 26, 2004 would want the matter coming back at the Council, when it could be taken care of in a positive way. He suggested that this matter should be revisited, in all fairness to the City Treasurer. City Treasurer Weber questioned the need for retroactive action, since the Treasurer had always received the benefits. He clarified that the benefits he received were medical and dental, and indicated that he could have obtained those benefits through his employer. He indicated that this issue was different from what was being reviewed by the audit. He stressed that he did not buy lunch or go to the bar. He indicated that he did not think there was an issue of him having to pay that money back. Mayor Buckley clarified that the audit was not related to the Ca1PERS benefits, as those were placed in the budget for payment. He suggested that if there was action taken retroactively, he would assume it would have to go retroactive for several years. He clarified that the concern was a failing in matching procedure, precedent and policy. He questioned the expenditure of $11,000 in six months on the Treasurer's benefits. Administrative Services Director Pressey clarified that the numbers presented were year to date, in total since January. Councilman Magee indicated that Commissioner La Pere brought up a procedural matter, that should be addressed with the audit. He noted that part of the intent of the audit was to make sure things did not slip through the cracks. He stressed if something was missing, it would be corrected and appropriate action would be taken. Councilman Schiffner concurred with Councilman Magee. Mayor Pro Tern Kelley commented that by accepting and adopting the budget, the Council had endorsed the Treasurer benefits. Mayor Buckley suggested that was one of the things that would be looked at. Page Thirty -Five — City Council Minutes — October 26, 2004 Councilman Schiffner concurred that the benefits were accepted in the budget annually, and suggested that the same situation existed with Health/Wellness, over the years. He indicated that it was strange that one issue would cause such a stir, but in a flash the issue of City Treasurer benefits was corrected without comment, while tremendous issues were made of something amounting to about the same amount of money, being Health/Wellness. Councilman Hickman suggested that this discussion was getting off track. He noted Mrs. Hyland's comment about conflict of interest; and clarified that the sub - committee was going to conduct interviews. He inquired if they did not like Conrad & Associates, if they would go back out for bids since the original time line had been missed. He indicated that nothing was written in stone about selecting this company. Councilman Magee addressed Councilman Schiffner regarding the City Treasurer benefit package and concurred that it was the same amount, but stressed that despite his insistence, staff failed to bring Health and Wellness for action. Mayor Buckley inquired if retroactive action should be taken with regard to the Treasurer's benefits. City Attorney Leibold suggested that it would be unusual to go back further than this year's budget. She noted that the monies had already been paid and the budget had been endorsed annually, but indicated that she would be happy to review the issue. Mayor Buckley questioned the comments regarding a conflict of interest. City Attorney Leibold indicated that there was a prohibition in decision making if someone had a financial interest. She clarified that "financial interest" was defined as income received in the last twelve months. She indicated that it was her understanding that any income from this company was much longer than twelve months ago. She advised that there was no conflict of interest and this would not disqualify the Administrative Services Director from participating in the audit. Page Thirty -Six — City Council Minutes — October 26, 2004 Administrative Services Director Pressey clarified that he worked for the company about six years ago, for eight and a half years. He indicated that his next City ended up hiring them as auditors. He stressed that he had publicly disclosed his past relationship and there had been no problem. He indicated that in his past capacity he coordinated the audit as the accounting administrator, while working with this auditing firm. He commented that in his mind there was no conflict, as the records were available and open. He indicated that he felt they would do an objective independent audit, while he would just be providing records and answering questions. Mayor Buckley noted that he had talked with an outside CPA and the question came up, but he confirmed that if the sub - committee was comfortable, they could award the bid. He noted that this issue might or might not come up in the discussions with Conrad. He stressed that there was clearly no legal conflict. City Attorney Leibold confirmed. Mayor Buckley reiterated that this was a distant relationship, which was not a problem. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE SUB - COMMITTEE TO INTERVIEW THE FIRM, AND PENDING THE OUTCOME OF THE INTERVIEW, SELECT CONRAD AND ASSOCIATES TO PERFORM THE AUDIT AT A COST OF NO MORE THAN $18,000, AND ALLOW FOR THE EXPENDITURE OF UP TO $79000 FOR LEGAL ASSISTANCE FROM PERSONNEL ATTORNEY STEVEN FILARSKY. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:05 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:10 P.M. Ebony Jolly, 331 Avenue 12, addressed the joint use contract at the new high school, and indicated that she was shocked to learn such a decision had been made. She expressed concern with the presence of sex offenders, who could make Page Thirty -Seven — City Council Minutes — October 26, 2004 contact with the students in this environment. She noted that the School Superintendent seemed to believe that a separate entrance for the library would be adequate, and was against any compromise of hours. Mrs. Jolly suggested that there was enough money to build a library that was separate from the schools. She commented that children were not even safe in their own yard and noted that she saw a registered sex offender in her neighborhood. She expressed concern that the children would also be at risk, while in school. She inquired if the City was prepared for lawsuits resulting from this situation. Carrie Hughes, 3337 Spruce Street, indicated that she was also present to speak about the joint use contract. She indicated that she had lived in the City just over a year and had some pretty discouraging issues with break -ins, vandalism and a motorcycle being stolen. She indicated that she had visited the Police Station on three occasions to view information on Megan's law. She indicated that there had been two attempted abductions in her area, that she was aware of. She commented that it concerned her that the schools were being opened to the public. She indicated that she is a single mother who goes to great lengths to protect her son. Julie Munoz, 310 Avenue 9, indicated that she was a clinical social worker, specializing in mental health and trauma intervention. She advised that she had three small grandchildren in the school district. She expressed concern with the joint use contract and questioned why parents were not informed about this item. She suggested that it was an open door to all kinds of trauma for the children of Lake Elsinore. She expressed hopes that the Council would reconsider and closed the facility to public uses. She stressed that there were already enough problems with pedophiles, and terror plans on the Internet. She commented on the potential liability to the City. Monique Munoz, 310 Avenue 9, indicated that she had three children, two in the school district. She indicated that she was very involved in the school and when she found out about the contract, she was terrified. She stressed that the registered sex offenders would have access to the children at school She noted that while there might be security and teachers watching the children, the sense of security was being taken away. She indicated that due to this arrangement, she Page Thirty -Eight — City Council Minutes — October 26, 2004 was thinking of home schooling her children. Ms. Miller, P. O. Box 1377, suggested that there was a need to become the united people of the earth and indicated that everyone should vote for hydrogen fuel cells. She suggested that everyone read the websites of people running for office and indicated that she did not understand people who voted along party lines. She expressed concern with a number of political candidates and provided recommendations on the upcoming ballot measures. John Seepe, 33411 Maple Tree Lane, indicated that it had been five years since he attended a Council Meeting. He addressed the Constitution Week presentation and stressed the number of dedicated people supporting the military. He noted that Paula Graver had continued to support the troops. He indicated that Faith Baptist Church on Walnut Street would be recognizing the military personnel and saying thank you for their sacrifices on November 7`h at 9:30 and 11 a.m. He stressed the advantages of open meetings, open discussions, the ability to express opposing views and worship freely. CITY MANAGER COMMENTS Assistant City Manager Best commented on the following: 1) Addressed the concerns regarding the School District and indicated that she would like to speak with the group of concerned residents. She noted that in the past the City Council and Schools had looked for a way to fund Library services. She stressed that there was an intent to protect the students, and indicated that the City had requested an opportunity to be participatory in the library project. She stressed that she was sure the entire Council was concerned for the safety of the children. 2) Noted that City Clerk/Human Resources Director Kasad was attending this meeting on her 19`x' wedding anniversary. 3) Indicated that the Council had taken action to look at an RFP for a Page Thirty -Nine — City Council Minutes — October 26, 2004 4) Announced the Special City Council meeting on November 3`a at 5 p.m. 5) Announced that the study session on Street Sweeping was being cancelled. 6) Congratulated the Police Department on the news article today, advising that there had been no killings in Lake Elsinore in 2003. She expressed appreciation for their efforts. 7) Thanked City staff for their work in the last week to address issues from the storms, dealing with flooding and failed retention basins. She noted that a standby crew on duty for the next storm. She announced that if there was flooding in area, there were sandbags outside the Public Works Yard on Langstaff. 8) Announced that a CDBG meeting was being planned, so any group applying for funding should apply on November 8"' at 6 p.m. She indicated that Community Services Director Sapp would be handling that program. 9) Indicated that there had been a lot of information on voting, and encouraged everyone to vote on November 2 nd 10) Wished everyone a Happy Halloween. CITY ATTORNEY COMMENTS No Comments. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: Page Forty — City Council Minutes — October 26, 2004 1) Indicated that he would be having a meeting regarding the CFD's and Wasson Canyon. He indicated that he did not know how much the sale was for, but stressed the need to be sure where that money was. 2) Indicated that with regard to the audit, he receives benefits and $150 per month. He commented that the concern was persons making $100,000 to 130,000 and getting all kinds of other benefits. He indicated that he did not have a City credit card, but he sees people buying wine and sangria and other things. He indicated that abuses were occurring and he wanted to get them in check. He stressed the need to deal with the abuses and expressed pride in Mayor Buckley and Councilman Magee's efforts. Mayor Pro Tem Kelley commented on the following: 1) Wished everyone a Happy Halloween, noting that Safe Candy Night would be held on October 3 l st. She noted that there were a number of bicycles as prizes. Councilman Hickman commented on the following: 1) Thanked Kevin Jeffries for having Congressman Issa in the area. 2) Congratulated Temescal Canyon High School for winning the contest regarding the Constitution. He noted that Elsinore High School won second place. 3) Congratulated the Bikini Beach Club on their opening and noted that he was impressed with the new sports bar. 4) Wished everyone a safe Halloween and encouraged participation in Safe Candy Night. Councilman Schiffner commented on the following: Page Forty -One — City Council Minutes — October 26, 2004 1) Noted that he had received complaints on street sweeping and tickets and indicated that this was the first time he had heard that it was corrected. He indicated that it could not have been corrected, as that would require an action by the City Council. He suggested that a study session was still needed and expressed sympathy with the people who received tickets and those who issued tickets. Councilman Magee commented on the following: 1) Addressed those in the audience regarding the library issue and questioned why he had been singled out for a response. He indicated that with regard to the Sheriff's website it was a very valuable tool; and noted that he had found disturbing information in his area and got a bus location changed. 2) Addressed law enforcement in the community and the concerns with response times; and noted that police hours had been added, as well as a Public Safety Commission and a more responsive Police Chief. He indicated that the Council's number one priority was public safety. 3) Indicated with regard to the use of the library, he was caught off guard, as he was not aware of it. He advised that he would like to direct staff to contact Ebony Jolly to explain the City's role and understanding of the project. He noted that he too needed to understand what was going on and get a clear picture of what was proposed. He suggested a response in the form of a letter so everyone could have a copy. He indicated that he needed to get educated and possibly act on the matter at the next meeting. 4) Noted that new traffic lights were approved for the intersection of Grand and Broadway in the west end. He explained that the Council had authorized the expenditure to install the lights some time in the next year. Page Forty -Two — City Council Minutes — October 26, 2004 5) Indicated that he had received many calls about the traffic at Grand and Highway 74. He indicated that staff was working with Caltrans to front the money for the traffic signal, so it could be addressed in this fiscal year. He commented that relief might be on the way. 6) Advised that for the Grand /Ontario signal, the funds had been authorized and it was up to the County. He indicated that he had been informed that action should take place in January. He thanked the Public Works staff and the contractor for the landscaping at this location. He noted that the work was completed 13 years after the tract was constructed. 7) Indicated that he met with representatives owning property east of the freeway and working on the Camino del Norte CFD to implement infrastructure and right -of -ways along Main/Franklin and into Tuscany Hills. He requested input on how best to proceed to move that group forward. 8) Noted that a development project had been submitted causing the neighbors on Ulla Lane to reach out to Council. He explained that the residents were seeking quiet title of Ulla Lane, but the developer had quite a different opinion. He indicated that he would like an opinion from staff, as to how to proceed. He advised that they also shared their concerns with Mr. LaPere and he would also like to see it resolved prior to the public hearings. Mayor Buckley commented on the following: 1) Responded to Ms. Miller, and noted while she encouraged people not to vote party lines, five of the individuals mentioned were Democrats. 2) Noted that the joint use library was moving forward, and explained that the City contracts with the County Library System. He added Page Forty -Three — City Council Minutes — October 26, 2004 that there were police officers stationed at the high schools, but not at the libraries. He concurred that this issue needed to be sorted out. He requested research on the crime number differences between joint libraries and regular libraries. 3) Noted that the Council had unanimously endorsed Proposition IA, but noted that he would also like people to vote against Proposition 66, which would weaken the Three Strikes Law. He noted that while the Council had been supporting of the public safety officials and they had done a great job, the improved statistics were reflective of the State statistics. He indicated that this was an impact of the Three Strikes law and people with a long history moving out of the state to avoid the implications of the Three Strikes Law. He noted the changes that Proposition 66 would implement and encourage residents to vote against the Proposition. 4) Noted the November 2 "d election and encourage everyone to vote however they see fit. 5) Thanked public works for their efforts in cleaning up the mud on the streets. He noted that the good thing about the rain was that the Lake went up about five and a half inches, which was like free money from the sky. He noted that more rain was on the way. 6) Announced the Special Meeting on November 3`d at 5 p.m. to consider the recommendations of the Electoral Reform Committee. He noted that the Committee had done a great deal of work, and the matter was scheduled for a Special Meeting because he anticipated a rather in -depth and detailed discussion. He indicated that he wanted to be sure there was enough time to go through all of the details. He encouraged public attendance at the meeting. 7) Announced the following upcoming events: Page Forty -Four — City Council Minutes — October 26, 2004 November 7`h — Military Recognition at Faith Baptist Church at 9:30 and 11 a.m. October 27th — World Series Party at the Diamond Club October 28th — Last Chamber Mixer of the Year at Coco's - 5:30 8) Reminded the Community that the Chamber of Commerce was gathering food donations, grocery certificates or cash for HOPE at the Chamber Office. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:50 P.M. TEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR p.m. October 31St — Safe Candy Nigh Downtown, at dusk November 6th from 9 a.m. to 2 p.m. — Household Hazardous Waste Disposal November 6th — Student Volunteer Event at McVicker Park November 7th — Open Air Market November 13th & 14 "' — GFI Grand Prix Weekend December 11th - Holiday Home Tour, by the Historical Society 8) Reminded the Community that the Chamber of Commerce was gathering food donations, grocery certificates or cash for HOPE at the Chamber Office. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:50 P.M. TEST: VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR MINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA WEDNESDAY, NOVEMBER 3, 2004 CALL TO ORDER Mayor Buckley called the Special City Council Meeting to order at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Information /Communications Manager Dennis, Police Chief Fetherolf, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Harvey Ryan. PUBLIC COMMENTS - AGENDIZED ITEMS Ron Hewison, Lake Elsinore, thanked the Council for approving the H.O.P.E. donation. Page Two — Special City Council Minutes — November 3, 2004 Edith Stafford, 29700 Hursh Street, commented that she did support an elected Mayor and she did support Districts. She indicated that Districts were better because it cut down the monopolizing. She suggested that she did not support an appointed City Treasurer. She stated that no one would vote for an appointed City Treasurer. She stated that the educated ones were not doing their jobs. Chris Hyland, 15191 Wavecrest, commented that she was offended by the policy recommendation of appointing a City Treasurer. She recited the article and indicated that the last 3 Treasurers including the current Treasurer were all financial professionals. She indicated that the problem was they were not treated so and were not given information and documentation of the financial situation in the City of Lake Elsinore, in her opinion. She questioned the reason for appointing a City Treasurer. She indicated that the committee appointed by Council, in her opinion, did not have the expertise themselves to decide who was or was not a financial professional unless they had a degree in that field. She indicated that it should be set up the way our founding fathers wanted it to be, a Treasurer that was elected by the people. BUSINESS ITEMS 1. Approval of Final Map 30496, Pardee Homes, Inc. (F:160.2) Assistant City Manager Best gave an overview of the item. City Treasurer Weber indicated that he had spoken to citizens that lived in the tract homes near the project site. He indicated that the feeling among the citizens in that area was that they did not want it there and they were upset that they were not notified. He indicated that no one in Canyon Hills was notified. Councilman Hickman questioned the ability to make a design change. Mayor Buckley indicated that the Design Review was approved at the last Council Meeting. Page Three — Special City Council Minutes — November 3, 2004 Mayor Pro Tem Kelley indicated that there was a sign posted there for a long time advertising that was an automotive site. She indicated it was zoned in that zoning. She indicated that Council took precautions at the last meeting to ensure it was designed appropriately and shielded from the public view. She indicated that her concern at the last Council Meeting was the staff report indicated automotive repair and Council was told that was not the case; and there would not be broken down cars sitting in the lot and it was more like a tire shop. Mr. Stringer, Pardee Homes, commented that they had their own internal Design Review that looked at architecture and landscaping; and they felt comfortable it would not be an eyesore. He indicated that there would be a coffee shop in the larger commercial site closer to the homes. Mayor Pro Tem. Kelley indicated her concerns were similar to those of City Treasurer Weber and that they were speaking for their neighbors, they were all concerned; and they expected it to be shielded and landscaped and designed correctly as approved. Councilman Schiffner indicated that before Council at this time was the approval of a final map. MOVED BY SCHIFFNER AND SECOND BY KELLEY AND CARRIED BY UNANMIOUS VOTE TO APPROVE THE FINAL MAP, SUBJECT TO CITY ENGINEER'S ACCEPTANCE. 2. CEQA Compliance Documents. (F:68.1) Assistant City Manager Best gave an overview of the item. She indicated that it was a retail project (Target Center). Councilman Schiffner indicated it was a simple procedure with no cost to the City. Councilman Hickman expressed his concerns regarding traffic congestion and suggested the street improvements be done before allowing the Target Center to move -in. Page Four — Special City Council Minutes — November 3, 2004 MOVED BY SCHIFFNER AND SECOND BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AN AGREEMENT WITH HDR ENGINEERING, TO PREPARE THE CEQA COMPLIANCE DOCUMENTS FOR THE TARGET CENTER, IN THE AMOUNT OF $779795. 3. Electoral Reform Committee Recommendations. (F:59.8) Mayor Buckley gave an overview of the item and thanked the Committee for the hard work. He deferred to Committee Chairwoman Atkins. Chairwoman Atkins introduced the Committee. She indicated that Committee Member Maskell was out of town for two weeks, but the committee had been in touch with Committee Member Maskell. She noted that Mr. Maskell concurred with the committee recommendations. She indicated that the Council had not had enough time to review the material given to them; so she was going to take a little longer to explain the six items. I. Shall the position of City Treasurer should be continued in an elected capacity. Chairwoman Atkins recited the findings listed in the staff report. She responded to the comments by members of the community. She commented that the committee was extremely objective about making the recommendations. She advised that the recommendations had nothing to do with the current City Treasurer. She indicated that he was a qualified individual and they had no objections to his performance thus far. She indicated that the committee felt the position should be appointed, because education and experience requirements could not be imposed on an elected official. She recited the recommendations of the committee. Committee Member Hohenadl commented that by eliminating the elected City Treasurer the City would save the annual cost of benefits and $150 a Page Five — Special City Council Minutes — November 3, 2004 month for a total including the benefits in the amount of $13,309. She noted that the Administrative Services Director was paid to do the day by day accounting and accountability for the City of Lake Elsinore; so therefore the citizens was paying extra money for a ceremonial Treasurer. Committee Member Judziewicz commented that there had been a lot of talk about the "watch dog" as the Treasurer, but the five watch dogs were the City Council. He commented they were the individuals that looked out for the best interest of the City. He noted the date the Mayor formed the committee, and he indicated it was well before all the newspaper articles came out about the current Treasurer and policy changes to the Treasurer position, therefore this was not a motivated issue to get rid of any person in the government. He indicated it was just the reality of the City Treasurer position. He noted that Matt Pressey handled the day to day finances of the City, and the committee felt strongly that anyone that held that position should be the City Treasurer, because the Administrative Service position handled all the complex financial issues of the City. He noted it was a ceremonial position in Lake Elsinore, although it was not in other cities the same size of Lake Elsinore. Committee Member Flores commented that the committee studied this issue for a long period of time. He indicated that they felt this area would be best seated by an appointed rather than an elective official based on the past history of City Treasurers. He indicated that he felt Mr. Weber has done an outstanding job and felt he would continue to do so. City Treasurer Weber indicated that the Treasurer had to be independent of the Council and staff in order to investigate and review funds being spent by Council and staff; and investigate other financial issues. He indicated Administrative Services Director Pressey was already given the ability to write the checks and monitor day to day activities of a Treasurer. He indicated that it was already there and it was really given to Mr. Pressey by him; and it was signed over to Mr. Pressey through the policy. City Treasurer Weber commented that Mr. Pressey seemed overwhelmed at times. He indicated that the Treasurer also reviewed Page Six — Special City Council Minutes — November 3, 2004 different Measures as they came before Council. He indicated that Council had so much on their plates with citizens calling regarding potholes that Council had to answer to right of way, because the citizen might come to a Council Meeting; and whereas the Treasurer did not receive those phone calls. He noted the savings of $50,000 on the tractor bid due to an error on the lease. He indicated that the fact of saving $13,000 due to not having a City Treasurer did not compare to what the Treasurer would save in the long run. He indicated that the City Treasurer could bring policy focus on certain financial matters. He indicated that the City needed a second pair of eyes. He commented that he felt if the past City Treasurer's had been given the power they were supposed to have and not stripped away by prior Council's the Stadium deal would have never gone the way it did, but now the City was faced with $38 million in debt and that was; burden on the citizens. He indicated that he worked for the people of the City and he would protect the people of the City. He commented that he did not work for staff and would not protect staff; and was not going to protect the Council if they did things wrong and that was the importance of the Treasurer position. He indicated there was a tax burden with the bonds that has been placed on a group of people that seemed extremely high. He indicated that the Administrative Services Director would not look into that, but the Treasurer would; and protect the people; and the Treasurer would look at the citizen's taxes and comment. He indicated that the next Treasurer would do as good of a job as the current Treasurer. Mayor Pro Tem. Kelley inquired if the committee members wanted to respond to the City Treasurer's comments; and inquired if the committee checked other cities and common practices. She requested clarification that the Administrative Services Director position would be the appointed City Treasurer. Chairwoman Atkins responded that City Treasurer Weber was commenting on himself as City Treasurer. Chairwoman Atkins indicated that if the Administrative Services Director was given sufficient support staff the individual would be in the position to be able to recommend to Page Seven — Special City Council Minutes — November 3, 2004 the City Manager things that should be watched; so it could be handled by the Administrative Services Director. She indicated that in regard to past City Treasurers, we were no longer in the position of having someone that could add, subtract, multiply, and divide. She indicated that the City Treasurer must know about all of the financial instruments in the business world today; and how they would be beneficial to the citizens of Lake Elsinore as they benefited by the City finances. She indicated that they surveyed 20 or more cities in the State. She noted most of the cities had appointed City Treasurers. She indicated that the cities that had elected City Treasurers, it were ceremonial and did not have any responsibilities. She noted that some did not even attend City Council Meetings. Committee Member Flores added after listening to Mr. Weber's statement that the key was staff would watch staff and that no information would be brought to the City Treasurer Position or himself; and that indicated to him that no one could work within ones own staff including the City Treasurer, because each of them had an area of responsibility to work with each other. He indicated that type of lack of communication gave him the impression there was no communication among all of the finances; and that was why he felt the City could be better served with an administrative staff that could work directly with the Council and handle the financial issues within, and if this entailed a full time staff the City would benefit, because there could not be a spot check here and there. He indicated there needed to be an individual that was capable of reviewing and discussing the financial responsibilities with the Council on a daily basis. He reiterated in his opinion this could be better served by a full time City Treasurer, appointed by the Council. Mayor Pro Tem Kelley deferred to City Attorney Leibold and asked her to elaborate on the safeguards outside of the City that the City finances were put through. City Attorney Leibold explained that the City was required to perform an annual audit that had to be conducted by an independent financial auditor, currently there was a contract with Teaman, Ramirez and Smith that had performed the City's annual audit Page Eight — Special City Council Minutes — November 3, 2004 for a number of years. Administrative Services Director Pressey commented that there was a single audit of all federal grant funds and annually there was a State Controllers Report that was submitted to the State that summarized all the activities and funds of the City; and also for the Redevelopment Agency a Statement of Indebtedness and also their State Controllers Report. City Attorney Leibold commented that audits and reports were in respect to the General Funds, Agencies Funds and in connection with any bond issue there was an individual requirement with respect to reporting, reserve requirements, and an independent trustee that monitored the bond funds. Committee Member Judziewicz commented that he agreed with Committee Member Flores, that it was the compromises that were going to get things done in the City, it was the teamwork with the staff and Council that was going to get things done. He indicated that the bond issues in the past, he had heard that the City should have defaulted on bonds, let the banks take the hit on bond issues that went bad; and he doubted the City would be getting certain development centers if Council and staff had done that and put Lake Elsinore in bad faith with all of the business communities in the area. He indicated that he did not want to spend his life driving to Temecula to go to certain restaurants, he wanted those restaurants in Lake Elsinore and those businesses would come when there was a more transparent system; and he believed it would get there with a professional person reviewing the finances. He compared the City Treasurer position to trying to check the Lake with a fishing pole, row boat and a hook, the individual was never going to find everything. He indicated that the position needed someone that was always in the Lake administering the Lake to be able to check everything on the Lake. Committee Member Hohenadl commented that the elected position was not a CPA or auditor. She indicated that a little knowledge could be dangerous, if the individual did not know what they were reviewing and had a big picture of what they were reviewing it could be side track or misinterpreted or give it misinformation and those were the reasons why Page Nine — Special City Council Minutes — November 3, 2004 she felt the appointed position should be someone who did this on a daily basis and was certified to do this type of work. Councilman Schiffner reminded everyone the reason they were there tonight and suggested that Council did not lose the reason they were there. He indicated that he would not express his opinion at that time. He indicated that he would reserve it for the time, if it goes on the ballot. He indicated that he would like to give the people in the community the opportunity to make that decision. Councilman Magee thanked the committee for their hard work. He commented that Mr. Weber had become a lighting rod for controversy and that was the simple truth. He indicated that he appreciated his independence, but did not always agree with his technique. He indicated that the position of Treasurer was the responsibility of voters and needed to go to a vote of the people. He commented on Item No. 8; and advised that it was inappropriate for the City to sponsor that and to be advising the voters of what that was; and he was concerned with the legalities and the voters needed to make their own decisions. He indicated there would be people on both sides of the issue to write the pro and con arguments. He agreed that the item should be put on the next regularly scheduled election. Councilman Hickman indicated that he had never been a politician; and had the pleasure of watching Dick Knapp at times come to the podium and give his presentation and comment that he never received any information to do his job. He indicated the reason Mr. Weber was able to get into the books was because he had the support of the Council. He indicated that in the last budget review he learned a few new words; and through City Treasurer Weber's digging through the bonds they discovered that the 1980 flood bonds had not been paid off. He indicated that he did not think the City would bring that to the attention of the Council. He indicated that he saw pros and cons; and he agreed with other members of Council to bring it to a vote of the citizens. He noted that he agreed that communication was transparent and he felt there were a lot of bridges to mend between management and the City Council. Page Ten — Special City Council Minutes — November 3, 2004 Mayor Buckley indicated that a vote was brought to the citizens before and it lost; and it was recently brought to the citizens in Indio and it lost; and if it did go to a vote it would lose again. He indicated that the job was really not ceremonial it was what they made of it. He agreed with Mr. Magee's comments regarding educating the public. He advised that the City could not advocate a result. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO DIRECT STAFF TO TAKE THE ACTION NECESSARY TO PLACE A MEASURE ON THE BALLOT FOR THE NEXT REGULARLY SCHEDULED ELECTION TO ELIMINATE THE POSITION OF ELECTED CITY TREASURER. City Attorney Leibold indicated that the City could not campaign, but could educate; and the Committee wanted the City to distinguish the elimination of a "elected" City Treasurer from the elimination of a City Treasurer; their concern was that in the previous measure the elector thought that the measure was to eliminate a position of City Treasurer, so Item H was simply for the City to make clear in an education effort the difference between eliminating an "elected" and eliminating the position. She noted that as an Ad Hoc advisory committee, those task was complete upon the presentation of the recommendations, unless Council directed them to continue or do additional work, the committee could prepare the pro argument; and there was sufficient authority for that and did not constitute a violation of The Political Reform Act. Councilman Hickman indicated that if this was going to be on the ballot he would like it to read, "Shall the Office of City Treasurer be eliminated." Not appointed. He indicated that the position would be moved into the City to be managed instead of an elected official. City Attorney Leibold explained that the ballot wording was dictated by the Government Code. Councilman Schiffner suggested that the Committee not prepare a pro or con argument, but essentially prepare an information packet. Page Eleven — Special City Council Minutes — November 3, 2004 City Attorney Leibold indicated that the City Attorney was obligated on a City measure to prepare a neutral analysis. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 3 -0 -2 WITH BUCKLEY AND HICKMAN ABSTAINING TO AMEND THE MOTION TO DELETE ITEM H AND REPLACE THE VERBIAGE WITH A NEUTRAL STATEMENT WRITTEN BY THE CITY ATTORNEY. II. Devise a new and permanent procedure for Commission /Committee appointments. Chairwoman Atkins gave an overview of the Findings and Recommendations. She indicated that Policy No. 200 -5A page 4 no. 8 second and third sentences, spoke of a questionnaire. She indicated that they neglected to catch the error and it should be application. Mayor Buckley referred to page 14 of 32 and suggested changing G(2) to read "may" instead of "shall ". Mayor Buckley referred to page 12 of 32, Item C(8), he indicated he would like Council to have input on questionnaires. Mayor Buckley referred to page 16 of 32 and requested to have J(4) and Policy No. 200 -513 page 24 of 32, H(4) removed. Councilman Magee indicated that currently there were three individuals that were serving on more than one committee or commission. He requested a response from the committee. Chairwoman Atkins indicated that she was not aware that there were individuals serving in concurrent positions presently, but if that was the case she suggested grandfathering them in, because the policy was being revised after their appointment. Councilman Magee indicated that on page 11, Item No. 2 under nondiscrimination on both the commission and Ad Hoc committee appointments, the term "sexual orientation' should be added. Page Twelve — Special City Council Minutes — November 3, 2004 Councilman Magee referred to page 12, Item No. 9. He clarified that the intent of the committee was that after the interview process the actual nomination by the sub - committee occurs at the public forum as currently done. City Attorney Leibold indicated that needed to be clarified. She indicated that there was some discussion at the committee level on Item No. 9. Councilman Magee referred to page 25, Item L. He indicated that in the removal of an ADHOC process it required a majority of the Council. He questioned if that was the intent of the Committee. Chairwoman Atkins indicated that it was not the intent. She indicated that it was her understanding that each Council member appointed an individual and then the Council removed them; one Council member could not remove an appointed individual. Mayor Buckley commented that the appointing member could remove their own. Councilman Schiffner disagreed. He indicated that each Council member recommended a person and then the Council as a whole makes the appointment. City Attorney Leibold indicated that the first several versions were one policy. She indicated that the Committee thought it was important to distinguish an ongoing Commission with an ongoing role established by ordinance versus an Ad Hoc committee in which they defined as a Committee with a special purpose and of limited duration and put a guideline of 18 months to achieve a mission. She indicated that Councilman Magee had pointed out an inconsistency that the Committee missed. She indicated that Policy 5b read — each Council member made an appointment. She indicated that the Committee recommendation for Commissions — sub- committee made a recommendation and the Council as a whole voted for the appointment to the Commission. She indicated that they needed to clarify if the committee appointment was a recommendation by each Council member with a confirmation by a vote of the City Council then the removal as written made sense, if the appointment of the committee member did not require a confirmation of the Council as a whole, that individual Council member she suspected would have the same authority to remove their appointee. Chairwoman Atkins indicated that difference the Committee was trying to make was that the Commission was more formal and the Ad Hoc Committee would be more informal so that the Page Thirteen — Special City Council Minutes — November 3, 2004 residents would be able to have more participation. She indicated that the Committee wanted to stress that Commissions were different from committees. Councilman Schiffner indicated that the Public Safety Commission Chairperson was appointed by the Mayor which was normally the informal process for Ad Hoc Committees and requested clarification if it was a Commission or Committee. Mayor Buckley indicated it was a Commission. City Attorney Leibold indicated that the Public Safety Advisory Commission was established by ordinance and incorporated in the LEMC as an ongoing Commission, but the procedure that was followed was an issue that the Electoral Reform Committee pointed out. She further indicated that under the Government Code and the Committee's own recommendations, an ongoing Commission needed to follow a more formal appointment process, which was a Notice of Vacancy, an application process, an interview process, a recommendation by a sub - committee and a vote of the Council as a whole to fill those positions unlike the informal Ad Hoc Advisory Committee. She noted that they recognized that was not the practice followed with respect to the Public Safety Advisory Commission, but acknowledged the Commission as a Commission. Mayor Buckley indicated that it was done that way because it was a new Commission. Mayor Pro Tern Kelley deferred to page 16, Item No. 4. She indicated that she would have a problem eliminating that paragraph, because it would be breaking the Council Policy. Mayor Buckley indicated that the third sentence could be left in. He indicated that if a reporter called a Commissioner, the Commissioner should not be made to automatically defer to the Chairperson for a blessing to speak. He indicated it might violate the right to free speech. Mayor Pro Tern Kelley indicated that it violated Council Policy. City Attorney Leibold indicated that there was a policy that indicated that all media inquiries should be directed to the Information/Communications Manager. City Attorney Leibold suggested confirming that it was consistent with existing policy. Mayor Pro Tem Kelley agreed. Councilman Hickman referred to page 14. He inquired if all the Committees and Commissions were affected by the Brown Act. City Page Fourteen — Special City Council Minutes — November 3, 2004 Attorney Leibold confirmed. Councilman Hickman commented that he did not think the RDA Committee would be able to complete their scope of work in 18 months. Chairwoman Atkins referred to page 19 Item I. She indicated that a reasonable extension approval was left to Council discretion. Councilman Hickman indicated that since he sat on the Ad Hoc for the RDA, those individuals had a lot of work left to do. He indicated that he was going to request that the RDA Committee become a Commission because of the work and the length of time needed and the issues involved with this Committee. Councilman Schiffner noted that Councilman Hickman commented that he sat on the RDA Ad Hoc Committee and he was not aware of the Council appointing him to that Committee. He was not aware of any policy indicating that the Chairman of the RDA was automatically a member of the Committee. He expressed that personally he felt that members of the City Council did not have a place on any of the committees. He indicated that the individuals were appointed because the Council felt they were capable of making decisions. He indicated that he had never attended any of the committee's meeting that were appointed, because he felt the members should be free to make their own decisions; and he did not think it was right for anyone from the Council to participate at all. Mayor Buckley indicated that you could not ban people from going to a public meeting. Councilman Schiffner expressed that he did not think it was a good idea. Mayor Buckley agreed that it was not a good idea. Councilman Hickman indicated that he had attended a couple of meetings just for the education, not to give guidance or input. MOVED BY A MAGEE AND SECONDED BY BUCKLEY AND APPROVED BY UNANIMOUS VOTE TO REVISE THE POLICIES PRESENTED TO COUNCIL AND HAVE THEM BROUGHT BACK FOR FINAL APPROVAL AT A DATE TO BE DETERMINED, THE REVISIONS TO INCLUDE PAGE 10 AND 20, ITEM B (1) (ii), TO ADD THE TERM "GRANDFATHEREW TO COMMITTEE MEMBERS THAT ARE ALREADY SERVING CONCURRENTLY. PAGE 11 AND 20, ITEM B (2)9 Page Fifteen — Special City Council Minutes — November 3, 2004 TO ADD THE TERM SEXUAL ORIENTATION UNDER THE NONDISCRIMINATION POLICY. PAGE 12, ITEM C (8)9 TO ADD THE TERM WITH COUNCIL INPUT UNDER THE APPLICATION PROCESS. PAGE 14, ITEM G (2)9 TO INSERT THE TERM "MAY" INSTEAD OF "SHALL ". PAGE 16, ITEM I (1) (iii), TO ADD THE TERM "OR APPROPRIATE CITY STAFF MEMBER". PAGE 16, ITEM J(4)9 DELETE THE SECOND SENTENCE AND DELETE THE QUESTIONNAIRE. IIl. Create an appointment system of succession to City Council/Other Elected Officials. Commissions and Committees when unscheduled vacancies occur. Chairwoman Atkins gave an overview of the findings and committee recommendations. She indicated that there was no current policy in regard to filling vacancies on the City Council and there was no ordinance addressing such matters under Government Code section 36512. Mayor Buckley suggested changing "on July 1St of an election year that the vacant seat that would be up for election is left vacant until the election." Chairwoman Atkins indicated that it was the recommendation of the Committee that the vacancy be filled immediately even though the period of time was no earlier than 127 days and no later than 113 days, which equated to approximately four months and the committee felt it should be filled. She indicated it benefited the Council because it maintained five members and prevented votes of 2 to 2. Mayor Buckley indicated that he foresaw the potential of a Council member resigning, so that someone running for Council could become an incumbent, which would be a significant political advantage. City Attorney Leibold indicated that State law allowed the Council to either hold a special election in 30 days or fill the vacancy in 30 days. Page Sixteen — Special City Council Minutes — November 3, 2004 MOVED BY BUCKLEY, SECONDED BY MAGEE AND APPROVED BY A VOTE OF 4 -1 WITH KELLEY OPPOSING TO ACCEPT THE RECOMMENDATION WITH THE FOLLOWING MODIFICATION, AFTER JULY IsT A SEAT THAT IS VACANT CANNOT BE FILLED AFTER JULY 1sT OF THE YEAR THE TERM IS UP. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT THE COMMITTEE RECOMMENDATION; DENIED WITH A VOTE OF 2 -3 WITH BUCKLEY, HICKMAN, AND MAGEE OPPOSING. MOVED BY BUCKLEY, SECONDED BY MAGEE AND APPROVED WITH A VOTE OF 4 -1 WITH KELLEY OPPOSING TO ACCEPT THE RECOMMENDATION WITH THE FOLLOWING MODIFICATION, JULY 1sT A SEAT THAT IS VACANT CANNOT BE FILLED AFTER JULY 1sT OF THE YEAR IT IS UP ENDS. IV. Establish new campaign finance standards. Chairwoman Atkins gave an overview of the findings and recommendation of the item. Mayor Buckley suggested that page 30 of 32, Section 060, second paragraph, included that the campaign finance reports shall be posted on the City website. He indicated that they should be relatively simple to just scan and put on the website. Mayor Pro Tem Kelley suggested not making any changes. She indicated that it was fine the way it was written. City Attorney Leibold advised that Council could not adopt an Ordinance at a Special Meeting. MOTION MADE BY KELLEY AND APPROVED BY UNANIMOUS VOTE OF THOSE PRESENT TO BRING THE ITEM BEFORE COUNCIL AT THE NOVEMBER 23, 2004 COUNCIL MEETING. V. Review the possibility of electing Councilmember by Districts. Page Seventeen — Special City Council Minutes — November 3, 2004 Chairwoman Atkins gave an overview of the findings and recommendation of the item. Mayor Buckley indicated that he thought districts were a better representative system. He indicated that he agreed that after the next Census, with the modification of changing the number to 60,000 population. He suggested deleting the wording "built- out ". He indicated that the wording "by vs. from" the usage of "by district" was a far more common way of electing candidates. He indicated that in regards to Item 4 on page 6 of 32, there was a City CIP. Councilman Magee suggested eliminating the population requirement altogether and reevaluating after the 2010 Census. He indicated that he agreed with Mayor Buckley in regards to the "by districts ". Committee Member Hohenadl indicated that the Committee chose "from districts" because it allowed a voter to vote for a person from any district that they felt was the most qualified and would benefit the City as a whole. Councilman Magee indicated that he understood her point about the vote, but it did not eliminate a person's ability to campaign, donate money, etc for that candidate. Mayor Buckley suggested if an individual was not happy with the candidates running for office in their district, then they might want to run for office and be a part of the system. Councilman Schiffner indicated that he was not in favor of districts. He indicated that it was not relevant at this time to what would be happening in 2010. He indicated that the current Council might not be serving on the Council in 2010 and was not the current Council concern to establish the rule, which the 2010 Council could change at that time. He suggested eliminating the portion relating to the population and the "by vs. from" and just keep it the way it was until the 2010 Census. Mayor Pro Tern Kelley indicated that it was obvious that the Committee had done a lot of research. MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ELIMINATE THE POPULATION REQUIREMENT ALTOGETHER AND REEVALUATE AFTER THE 2010 CENSUS AND ELIMINATE RECOMMENDATION NO. 2. Page Eighteen — Special City Council Minutes — November 3, 2004 VL Review the possibility of directly electing the Mayor. Chairwoman Atkins gave an overview of the findings and recommendations on the item. Mayor Buckley suggested adding a recommendation to include, revisit directly electing a Mayor when the Council revisited districts. Mayor Pro Tem Kelley indicated that directly electing a Mayor inherently gave the individual more authority and more power and currently everyone on Council were equal. She indicated that she agreed with the Committee's recommendation. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT THE COMMITTEE RECOMMENDATIONS AS PRESENTED. Motion died for lack of votes. Councilman Hickman questioned the reason for not wanting the RDA Chair to serve consecutive terms. Chairwoman Atkins indicated that consecutive would not allow others members of the RDA Board to gain the experience of serving with the RDA. Councilman Magee indicated that he understood the opportunity to rotate the positions, but it should be the decision of the Board Members. He suggested changing the wording to "may be able to serve two consecutive years ". He suggested deleting the second to last sentence of the policy. Mayor Pro Tem Kelley indicated that the Committee had done studying, research, and discussion. She indicated that it should not be consecutive terms for Mayor, Mayor Pro Tem, RDA Chair and Vice Chair. Councilman Magee proposed a substitute motion. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY A VOTE OF 4 -1 WITH KELLEY OPPOSING TO ADOPT THE COMMITTEE RECOMMENDATIONS WITH THE ELIMINATION OF THE RESTRICTIONS ON CONSECUTIVE TERMS AS MAYOR OR RDA CHAIR. Page Nineteen — Special City Council Minutes — November 3, 2004 VII. Review the possibility of movinLF City elections to even - numbered ears. Chairwoman Atkins gave an overview of the findings and recommendations on the item. Mayor Buckley indicated that the voter turnout was normally greater during Presidential elections. He indicated that the faster the City converted to even years the better. He suggested going to 2006 and 2008 existing terms. He indicated the idea of a three year term would give the City three Council elections in four years and it delayed taking advantage of the increase turnout. Councilman Hickman agreed it would be better to extend the current Council terms by one year. Councilman Schiffner suggested going with the Committee recommendation. Committee Member Judziewicz commented that the Committee's biggest concern was not extending or shorting any of the current Council term in office. He indicated that the voters, voted for the current Council to complete a four term not three years, not five years. He indicated that the recommendation was fair to both the current Council and future candidates. City Attorney Leibold indicated that the law allowed a shift in the election cycle so long as it did not increase or decrease a Council member's term twelve months or more. Councilman Magee indicated that he agreed with moving to even numbered years. He indicated that he would be in favor of extending the current Council term. He indicated that there would be two elections instead of three, so the City would save money. Mayor Pro Tem Kelley agreed with the Committee and the voters voted for a four year term. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ACCEPT THE COMMITTEE RECOMMENDATIONS AS PRESENTED. Councilman Magee made a substitute motion. MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT THE EVEN YEAR ELECTION CYCLE STARTING IN 2006 AND 2008. Page Twenty — Special City Council Minutes — November 3, 2004 Mayor Buckley questioned if the City Treasurer was affected. City Attorney Leibold indicated that it could be shortened or lengthened by twelve months. Councilman Magee modified the substitute motion to include extending the City Treasurer position to 2008. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED WITH A VOTE OF 3 -2 WITH KELLEY AND SCHIFFNER OPPOSING TO EXTEND THE CURRENT COUNCIL AND CITY TREASURER TERMS FOR ONE YEAR TO ADOPT EVEN YEAR ELECTION STARTING IN 2006 AND 2008. Mayor Buckley requested that the Committee give a presentation at the November 9, Council Meeting. Chairwoman Atkins commended the City staff on their assistance to the Committee. CITY MANAGER COMMENTS None. CITY ATTORNEY COMMENTS None. CITY COUNCIL COMMENTS None. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED AT 7:30 P.M. THOMAS BUC Y, MAYOR CITY OF LAKE ELSINORE Page Twenty -one — Special City Council Minutes — November 3, 2004 Respectfully submitted, rederick Ray, eputy City Clerk ATTEST: V>CKASAD MC CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 9, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:15 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Building & Safety Manager Chipman, Engineering Manager Seumalo, Finance Manager Magee, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) County of Riverside, et al v. City of Lake Elsinore and Laing -CP Lake Elsinore LLC (Riverside County Superior Court Case No. RIC 418775) (F:52.2)(X:40.1) b. CONFERENCE WITH LEGAL COUNSEL - EXISTING Page Two — City Council Minutes — November 9, 2004 LITIGATION (Subdivision (a) of Government Code Section 54956.9) Camelot Property Counselors, Inc. vs. City of Lake Elsinore/ Redevelopment Agency of the City of Lake Elsinore (U.S. Bankruptcy Court Case No. RSO 1 - 1 4823DN) (F:52.2)(X:40.1) C. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) (3) ( C ) of Government Code Section 54956.9 (1 case) (F:52.10(X:40.1) d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager (Pursuant to Government Code Section 54957) (F:46.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:16 P.M. The Closed Session discussion was completed at 6:55 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council meeting in public session at 7:11 p.m. PLEDGE OF ALLEGIANCE Mayor Buckley noted that Thursday is Veteran's Day and invited those who have served or have family serving to participate in the Pledge of Allegiance. He presented each Veteran and representative with a City pin. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayer remembering the Page Three — City Council Minutes - November 9, 2004 Country's Veterans. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Building & Safety Manager Chipman, Engineering Manager Seumalo, Finance Manager Magee, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS A. Presentation - Electoral Reform Committee. (F:59.8) Mayor Buckley noted the yeomans work done by the Committee, and introduced Committee Members Judziewicz, Flores, Hohenadl and Chairwoman Atkins. He noted that Committee Member Maskell was not able to be present at this meeting. He presented each member with a Certificate of Appreciation and City pin. Chairwoman Atkins read her report and detailed the recommendations including the Council direction from the Study Session of November 3`d Mayor Buckley requested that a link be placed on website to access the Committee recommendations. Page Four — City Council Minutes — November 9, 2004 B. Proclamation - Lung Cancer Awareness Month. (F:122.1) Representative was not present for presentation. C. Presentation - Chamber of Commerce Update. (F; 108.4) Kim Cousins, Executive Director, Chamber of Commerce, noted that the Chamber had been very active over the last month. He indicated that there had been a fantastic EDC Program with about 750 high school programs looking at career options. He also indicated that they held the last business mixer of the year at Coco's Restaurant; and held a ribbon cutting on November 8`h at Main Street Pizza. He advised that they registered sixteen new members in October, and announced that the last EDC Luncheon of the year would be a Legislative Summit on November 18`h from 11 to 2. He announced that their non - perishable food drive was continuing; and advised that the second edition of their newsletter was available on their website. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met to discuss four items as listed on the Agenda. She advised that with regard to the first item there was no reportable action. She further advised that with regard to the second item, litigation with California Bank & Trust, involving the Camelot action against K- Mart in Bankruptcy Court, a Settlement Agreement had been reached with Camelot, so the City Council and Redevelopment Agency would be receiving about $15,000 on the liquidated stock. She indicated that the third item was discussed briefly with no reportable action. She further indicated that the fourth item was discussed briefly and continued for two weeks. PUBLIC COMMENTS - NON - AGENDIZED ITEMS -1 MINUTE Ron LaPere, 16867 Wells Street, commented that as Chairman of the Palm Tree Preservation Committee some years ago, they were not expecting approval of every action recommended, but the Council consistently protected the palm trees. Page Five — City Council Minutes — November 9, 2004 He compared this situation to the Electoral Reform Committee and indicated that he felt the Council should also be consistent in this area. He suggested if there was a citizens ballot to decide if the City Treasurer should be appointed or elected, he thought that the citizens should vote on changing the term of office as well. He stressed that it should be left in the hands of the citizens. Jerry Harmatz, 512 N Spring Street, indicated that he came to Lake Elsinore in 1962, when there was a population of 600. He indicated that after being in the Community for 42 years, Ron Molendyk and Dick Watenpaugh had been the City Managers for half of the that time. He indicated that with the current administration he saw a light at the end of the tunnel, as Dick Watenpaugh has brought parks, law enforcement and fire services. He further commented that Mr. Watenpaugh has shown courage, grace under pressure, has been articulate and honest, and carried policies to completion. He indicated that he was grateful for Mr. Watenpaugh's contributions and suggested that his departure would be the City's loss and his gain. Donna Franson, 7 Villa Valtelena, indicated that she now had 250 membership cards, and would be mailing membership kits in the next few weeks. She noted that after the first of the year they would be holding a membership meeting. She announced that newsletters would be mailed in early December, and thanked the Council for the opportunity to relay this information to their members. Chris Hyland, 15191 Wavecrest Drive, told the community about the wonderful event on Halloween night that was on Main Street. She indicated that they passed out over 1,000 packets of cookies and candies. She noted that several years ago she had requested that the streets be closed for such and event and thanked the businesses for participating in the event. Pete Dawson, 18010 Grand Avenue, noted that while he was out of town, the wet season had begun early. He commented that seldom happens before January. He noted that assuming the rain continues, and continues faster than EVMWD pumps the water, then Lake Elsinore will continue to rise faster. He suggested that this could be a very wet winter and encouraged the water front public to remove Page Six — City Council Minutes — November 9, 2004 debris, junk and fences from lake front property. He indicated that the clean up crew had already done an admirable job and commended Pat Kilroy, Leo Solorzano, Ed North, Dennis Waite, Sally Davis, Armando Villa, Carol Gordon, and Shawn Slater on a great job. John Harry Wise, 33200 Allis Street, representing LEUSD, indicated that he was responsible for negotiations with the County for the Library/Media Center at the new high school. He advised that the intent of the school and the County was to provide a safe secure environment for the students and address the concerns of the community. He indicated that he felt the Community would be proud of the facility. Nancy Johnson, 4385 Houghton Ave., Riverside, indicated that she was the Riverside County Librarian that addressed the proposed library. She explained that the building would be a joint use facility with the School District. She noted that there were several other joint use facilities up and running and the method was seen as a win -win situation for both sides. She stressed that control of the library and safety were very important issues, but there had not been problems at the other facilities. Loy Stephens, 112 S. Lowell Street, requested that the streets be repaired. He stressed that major repairs were needed. He suggested an interlink system of bike lanes throughout the City, noting that the streets were dangerous for bike riders. Ralph Cressini, 2801 Ocean Park Blvd., Santa Monica, indicated that starting in June they had submitted preliminary proposals for work in the historical area of Ellis and Franklin. He advised that the proposals have stopped, and requested Council assistance to arrange meetings to advance the projects and setup negotiations. Mayor Buckley addressed the bike lanes and indicated that when the General Plan was updated that would be included. Community Development Director Brady confirmed that would be part of the Circulation Element. Page Seven — City Council Minutes — November 9, 2004 Mayor Buckley commented that with regard to Ellis and Franklin, staff would meet with them. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items: Item Nos. d (Closed Session) & A (Presentation). CONSENT CALENDAR Councilman Magee indicated that he would be abstaining from vote on Item No. 5. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Joint City Council/Redevelopment Agency Study Session - October 12, 2004. b. City Council Study Session - October 14, 2004. C. City Council Study Session - October 21, 2004. (F:44.4) The following Minutes were received and ordered filed: d. Planning Commission Meeting - October 19, 2004. (17:60.3) 2. Ratified Warrant List for October 28, 2004. (F:12.3) 3. Adopted Resolution No. 2004 -65, Approving Request for No Parking on Grand Avenue at Windward Way and Shoreline Drive. (F:112.1) Page Eight — City Council Minutes — November 9, 2004 RESOLUTION NO. 2004-65 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING NO PARKING ZONES ON CERTAIN STREETS. 4. Approved Final Parcel Map No. 31963 located at the intersection of Pasadena Street and Crane Street, accepting all dedications at the time of recordation and authorizing the City Clerk to sign the map and arrange for recordation. (F:110.2) Approved Final Tract Map 25479, Centex Homes located south of State Route 74, two miles east of I -15, accepting all dedications at the time of recordation and authorizing the City Clerk to sign the map and arrange for recordation. (The vote on this item was 4 Ayes with Councilman Magee Abstaining from vote.) (F:160.2) 6. Determined it was in the best interest of the City to utilize the CMAS pricing process in lieu of the formal bid process and authorized the City Manager to execute a purchase order with Logical Design, Inc. for Replacement of IBM AS 400 Enterprise System with Purchase of New IBM System I Series Model 520 at a cost of $59,000.95. (17:65.1) PUBLIC HEARING 21. Zone Change No. 2004 -11 and Commercial Design Review No. 2004 -06 for the Best Western Hotel - Ordinance No. 1131. (F:58.2)(X: 172. 1) Mayor Buckley opened the Public Hearing at 7:40 p.m. Community Development Director Brady highlighted this item and detailed each component of the approval process. He noted the topography of the site, and detailed the Planning Commission consideration. He advised that the Hotel would have a Mediterranean design with a fountain feature in the Page Nine — City Council Minutes — November 9, 2004 front and a covered drive -thru for the guests. He noted that the TIF, TUMF and MSHCP fees were discussed during the Planning Commission Meeting; and indicated that he met with the applicant regarding the times that those fees would need to be paid. He explained the timing for each fee and noted the flexibility that could be allowed in paying them. He detailed the recommendations and noted that the applicant was present to respond to questions. Mayor Buckley noted that this would be the hotel across from the Lakeview Inn behind the Casino on Casino Drive. Mayor Buckley asked those persons interested in this item to speak. The following person spoke: Sashi Engineer, Applicant, addressed the plans and thanked staff for their continued support and assistance. Councilman Magee asked staff if they had received comments from the adjacent property owners. Community Development Director Brady indicated that he was not aware of any comments. Councilman Magee thanked Mr. Engineer for his investment in the City. He expressed concern with the lack of a restaurant and bar in the project. Mr. Engineer indicated that he would be glad to include one, but Best Western does not allow it unless the facility is over 100 rooms. Councilman Magee inquired if there was a way to correct this situation. Mr. Engineer indicated that there was also an allowance if there was not restaurant in the area, but at this point it was not possible. Councilman Magee stressed that he would like to see that reconsidered. Mayor Pro Tern Kelley noted that from the study session, her question was regarding the applicant's concerns with the fees. She noted that the matter was discussed, but she was assured that the issue had been worked out. Mr. Engineer confirmed that it had been worked out. Mayor Pro Tern Kelley indicated that she liked the design,, and the project was a welcome addition Page Ten — City Council Minutes — November 9, 2004 to the community. She commented that she had heard from sports leagues that there were not enough hotels for their tournaments. Councilman Schiffner inquired when they would have the ribbon - cutting and first renters. Mr. Engineering indicated that he wished it would be tomorrow, but would depend on the planning process. He advised that they were working on construction drawings, and hoped to be approved in about nine months. Councilman Hickman thanked the applicant for selecting the City of Lake Elsinore. Mr. Engineer indicated that it was his pleasure. Mayor Buckley indicated that the project would be a nice addition to the City. He commented that with regard to the fees, the faster the project is built, the lower the fees will be. Mayor Buckley closed the public hearing at 7:50 p.m. MOVED BY SCHIFFNER, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1131, UPON FIRST READING BY TITLE ONLY, APPROVING ZONE CHANGE NO. 2004-11: ORDINANCE NO. 1131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA APPROVING ZONE CHANGE NO. 2004- 11 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 363 -172 -004, 013 AND 020 FROM C -1 NEIGHBORHOOD COMMERCIAL TO C -2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, Page Eleven — City Council Minutes — November 9, 2004 MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL DESIGN REVIEW NO. 2004-06 BASED ON THE FINDINGS AND EXHIBITS AND SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL: FINDINGS — ZONE CHANGE The proposed zone change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed Zone Change has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. Considering that the General Plan has designated the property General Commercial, staff concluded that the area will not be degraded as a result of this project. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). Based on its analysis, staff has concluded that the requested amendment to the Zoning Map is consistent with GOAL 1.0, Objective 1.2 of the General Plan Land Use Element, obligating the City to encourage the development of commercial land uses and revitalization of existing commercial uses that strengthen the city's economic base and offer a range of enterprises that serve the needs of the residents and visitors. FINDINGS — 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. Page Twelve — City Council Minutes — November 9, 2004 The proposed Commercial Design Review located within Assessor Parcel Number(s) 363 -172- 004, 013, and 020 complies with the goals and objectives of the General Plan, in that the approval of this hotel will assist in achieving the development of a well - balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses as well as encouraging commercial land uses to diverse Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number(s) 363 -172 -004, 013, and 020 is appropriate to the site and surrounding developments in that the hotel project has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the hotel site as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number(s) 363 -172 -004, 013, and 020, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number(s) 363 -172 -004, 013, and 020 has been scheduled for consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Best Western Hotel located at 363 - 172 -004, 013 & 020, which action is bought within the Page Thirteen — City Council Minutes — November 9, 2004 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. DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 2004-06 2. The Design Review approval located at Assessor Parcel No. 363 - 172 -004, 013 & 020 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 3. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 8. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. Page Fourteen — City Council Minutes — November 9, 2004 11. No exterior roof ladders shall be permitted. 12. All downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 13. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. On -site surface drainage shall not cross sidewalks. 16. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING /GRADING PERMITS 18. Prior to the issuance of a Grading Pernrit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) fee recently adopted by the City of Lake Elsinore. The fee shall be calculated as "Commercial- $5,620.00 per acre ". (2.92 acres x $5,620.00 = $16,410.40) 19. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees selected from the City's Street Tree List, a maximum of forty feet (40') apart and at least twenty- four -inch (24 ") box in size. Page Fifteen — City Council Minutes — November 9, 2004 C) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. 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. 21. 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. 22. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 23. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. Page Sixteen — City Council Minutes — November 9, 2004 24. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. 25. Outlet of storm drain adjacent to Casino Drive shall maintain undeveloped peak storm flow volumes, velocity and flow characteristics (example: sheet flow). 26. Dedicate full half -width right -of -way (50 -feet center line to right -of -way line) for project frontage of Casino Drive. Right -of -way dedication shall be consistent with the general plan circulation element. 27. Construct interim roadway cross - section consistent with the projection of the existing curb line. 28. Pay cash -in -lieu of construction for ultimate roadway cross - section along the project frontage. Cash -in -lieu shall be in addition to the cost of the interim improvements. 29. Provide a hydrology study specifically addressing the effects of the grading and drainage to adjacent properties. 30. Street improvements shall include transitions from the proposed improvements to the existing roadway. 31. V -gutter outlet located on the west end of the project shall not exceed the peak storm runoff for the undeveloped condition as shown in the approved hydrology study. Construct an energy dissipating structure to reduce the outlet water velocities to a less than erosive condition. 32. 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. 33. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 34. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. 35. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, T.U.M.F ($107,484.00), traffic impact fee ($149,237.00), encroachment permit fees and inspection fees associated with the project and its development. The TUMF fee will increase approximately 7.3 1 % on January 01, 2005. Page Seventeen — City Council Minutes — November 9, 2004 36. 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. 37. 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). 38. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 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. 40. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 41. The applicant shall install permanent survey monuments in compliance with the City's municipal code. 42. Applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to final map approval. 43. 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. 44. Provide fire protection facilities as required in writing by the Riverside County Fire Department. 45. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 46. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 47. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and /or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 48. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. Page Eighteen — City Council Minutes — November 9, 2004 49. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 50. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 51. An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. 52. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 53. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 54. Applicant to provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 55. 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. 56. 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 ". 57. 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. 58. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 59. Meet all requirements of LEMC 15.68 regarding flood plain management. 60. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. Page Nineteen — City Council Minutes — November 9, 2004 61. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 62. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 63. 10 -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 64. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run -off on private property. 65. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 66. Applicant shall obtain approval from Santa Ana Regional Water Quality Control Board for their stormwater pollution prevention plan including approval of erosion control for the grading plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development and including maintenance responsibilities. 67. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 68. Applicant shall provide first flush BMP's using the best available technology that will reduce stormwater pollutants from parking areas and driveways. 69. Ingress/Egress 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. 70. All parcels shall have direct access to public right -of -way or be provided with a minimum 30 ft ingress and egress easement to public right -of -way by separate instrument or through map recordation. 71. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to final map approval. Page Twenty — City Council Minutes — November 9, 2004 72. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. ADMINISTRATIVE SERVICES DEPARTMENT 73. Prior to the issuance of the first building permit, the applicant shall annex into the Lighting, and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE COUNTY FIRE DEPARTMENT 74. The applicant shall comply with all Comments and/or Conditions of Approval from Riverside County Fire Department. COMMUNITY SER VICES DEPARTMENT 75. The developer to pay park fees of $0.10 per square foot of interior space. 76. The developer shall comply with City Ordinance 8.16.010 for the removal of all construction debris. Developer shall utilize CR &R for all recycling. 77. All drainage and /or flood control facilities to be maintained by developer. 78. The City Landscape Architect shall review all landscape plans. 79. All landscaping shall be maintained by the developer. 80. No park credits shall be given for the swimming pool or jacuzzi. Mr. Engineer thanked the City Council for this approval. 22. Amended and Restated Agreement to Develop and Operate Shopping g enter and Settlement Agreement between the City of Lake Elsinore and Castle & Cooke - Lake Elsinore Outlet Centers, Inc. - Ordinance No. 1132. Mayor Buckley opened the public hearing at 7:50 p.m. City Attorney Leibold explained that this item related back to a 1995 Page Twenty -One City Council Minutes — November 9, 2004 agreement between the City and the predecessor to Castle & Cooke. She further explained that this agreement would resolve outstanding issues between the parties and provide for an initial DAG fee of $50,000, and additional fees for commercial development. She indicated that it would provide reimbursement by the City to Castle & Cooke for $1.5 million, which is half the original obligation. She advised that the term of the agreement was up to fifteen years with clauses for earlier termination. She indicated that the agreement was acceptable to Castle & Cooke, and staff was recommending approval. She clarified that the agreement was for public infrastructure which was secured by sales tax performance over time. Mayor Buckley asked those persons interested in this item to speak. The following person spoke: Bill Samson, representing Castle & Cooke, requested approval of this item and noted that the City staff, City Manager and City Attorney had been working diligently to perfect this agreement. Councilman Hickman addressed the location of this development, and inquired if it was on the other side of I -15. Mr. Samson indicated it was the 200 acres on the east side of I -15 at Nichols Road. Councilman Hickman inquired how soon it would be under construction. Mr. Samson expressed hopes that it would begin right away, as soon as the vested rights were secured. Mayor Buckley closed the public hearing at 7:55 p.m. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1132, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDED AND RESTATED Page Twenty -Two — City Council Minutes — November 9, 2004 DEVELOPMENT AGREEMENT WITH CASTLE & COOKE LAKE ELSINORE OUTLET CENTERS, INC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Meetings of November 23 and December 28, 2004. (17:44.1)(X:134.1) Mayor Buckley noted that this item was placed on the Agenda due to the proximity of these meetings to the holidays. Mayor Pro Tern Kelley inquired if the Councilmembers had travel plans. Councilman Schiflner suggested that would be the only reason to change the meeting in December. Mayor Buckley noted that the December meeting was the Tuesday after Christmas. Councilman Magee inquired what business items would be on that agenda, and suggested waiting at least two weeks to make that determination. Mayor Buckley questioned if it was the consensus of the Council to have the November 23`d meeting and decide on the December 28th meeting at a later date. Council concurred. 32. Fee Deposit and Reimbursement Agreement between the City and Centex Homes. (17:68.1) Administrative Services Director Pressey noted this agreement and Page Twenty -Three — City Council Minutes — November 9, 2004 indicated that Chris Holmquist, representing the applicant was present at this meeting. He detailed the fee arrangement, with the City to be paid from the CFD bonds issued at a later date. He explained that at the time of the bonds the City would release the deposit back to the developer. He explained that the City would get all of its fees at once and the cost of the CFD would be significantly lowered for the homeowners by the simplicity of auditing the funds. He advised that the Bond Counsel had prepared the agreement, the developer had reviewed it, agreed and executed it. He indicated that the development was 1,012 homes in Rosetta Canyon to be built in a variety of phases. He commented that the CFD would come forward as part of the Resolution of Intention, after the rate and method has been reviewed, at the meeting of November 23rd, so the Council can look at the whole structure. He clarified that until the bonds were issued the CFD would not be formed and there would be no exposure for the City. He noted the process as outlined in the staff report. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO APPROVE THE FEE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH CENTEX HOMES. Councilman Hickman indicated that he had the pleasure of working with Rod Gunn and Don Hunt; and they explained that the requirements have changed drastically since the early 1990's, for release of money. He commented that he felt very comfortable with this arrangement. Mayor Buckley noted that there were questioned about what this funding was going for, but it looked pretty much in line for parks and fire stations. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Deposit and Reimbursement Agreement between the City and Centex Homes. (17:68.1) Administrative Services Director Pressey indicated that this was an Page Twenty -Four — City Council Minutes — November 9, 2004 agreement for a $50,000 fee to explore the possibility of forming a CFD, which would pay for the appraisals and study by Harris and Associates; as well as an absorption study. He clarified that the Bond Counsel would not be paid out of this deposit. Councilman Schiffher commented that this was a routine procedure. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DEPOSIT AND REIMBURSEMENT AGREEMENT WITH CENTEX HOMES. 34. Increase Fees for Lake Use Passes - Resolution No. 2004 -66. (17:92.1) Lake & Aquatic Resources Director Kilroy noted that this would increase both daily and annual lake use passes. He commented that the City had not increased these rates in four years, however there had been a significant increase in the cost of operations. He noted that the increase was substantial, but would shift the costs to the users of the Lake, and increase revenues by about $108,000. He explained that the staff recommendation was to increase day use passes from $7 to $10 and annual passes from $105 to $150 for non - residents and from $65 to $100 for residents, but noted that the Council had recommended that those rates be reduced. Councilman Schiffher suggested that the permits sold would not make or break the lake. He indicated that he would support a small increase, like $10 for City residents and increasing non - residents to $150. Councilman Magee indicated that he would concur with Councilman Schiffner, as he would want to encourage lake use by residents and make it affordable. He echoed the Mayor's comments that the daily passes would be the most expensive in the area and suggested changing it to $8 per day. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO ADOPT RESOLUTION NO. 2004-66 WITH THE CHANGES AS PROPOSED BY Page Twenty -Five — City Council Minutes — November 9, 2004 STAFF WITH THE EXCEPTION OF THE DAILY INCREASE GOING TO $8 AND THE ANNUAL PASSES FOR RESIDENTS BEING INCREASED TO ONLY $75. Councilman Hickman noted that the City spends $1,750,000 for the Lake per year and generates only $400,000 in revenues. He stressed the cost and encouraged everyone to pray for rain. Mayor Buckley concurred with the recommendation that the jump from $65 to $100 for residents would cause sticker shock. City Manager Watenpaugh reminded the Council that staff was about to come back with a draft campground agreement. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 2004-66 A RESOLUTION OF THE CITY OF LAKE ELSINORE REPEALING RESOLUTION NO. 2000-51 AND ESTABLISHING FEES FOR USE OF LAKE ELSINORE. Councilman Schiffner commented that the last rain, at the lowest price, put '/z million dollars worth of water in the Lake. Mayor Buckley suggested that when the Lake was showing obvious improvements, this issue could be revisited. 35. Elsinore Water District Liaison. (F: 164.3)(X:44.1) Mayor Buckley indicated that he put this item on the agenda based on the problems over the last few months. He noted that the City Council had representatives to RCTC, EVMWD, and numerous local agencies, but did not have one to Elsinore Water District. He indicated that he felt it would Page Twenty -Six — City Council Minutes — November 9, 2004 be a good idea for communications between organizations, especially with the Country Club Heights Citizens Committee's efforts. He noted that he received a letter from the Water District regarding the idea and they said "no thank you ". He suggested that having a permanent point person would be a better idea, and noted that he could not do it because he lived in the District. He suggested that Councilman Hickman serve as the liaison since there was an existing agreement between the RDA and Elsinore Water District. Mayor Pro Tern Kelley noted that the Council received a response to the Mayor's letter from Elsinore Water District and they don't want a liaison, but suggested a study session. She suggested that the difference between this and RCTC was that the City was invited to have a liaison with RCTC. She noted that they were told from the beginning that it would not be she or Mr. Schiffner from the beginning. She recommended holding a study session on specific issues and work that angle. Mayor Buckley indicated that he was thinking about it this afternoon, and while he was thinking of doing it himself, he lives in the area. He commented that he was not sure where they asked for a study session. Councilman Schiffner concurred with Mayor Pro Tern Kelley that there should be a joint study session to see if there was anything that could be worked out with them. He suggested if it looked like it would be helpful, then a liaison could be appointed. Councilman Magee offered a happy medium. He noted that Mr. Flores was one of the most adversely impacted by the situation He further noted that the Mayor would like to help the two agencies get along. He suggested prevailing on Councilman Hickman to volunteer as a non - official party to extend a friendly hand to bring the two together and work on an agenda for discussion in a study session. He suggested that if it was done in an informal non - threatening way, it might start a dialogue. Councilman Hickman suggested giving him a chance to contact them and report back. Page Twenty -Seven — City Council Minutes — November 9, 2004 Mayor Pro Tern Kelley commented that was probably a good solution in between the two extremes. MOVED BY MAGEE, SECONDED BY SCHIFFNER TO HAVE COUNCILMAN HICKMAN EXTEND A FRIENDLY HAND TO THE ELSINORE WATER DISTRICT AND REPORT BACK Mayor Buckley noted that the Elsinore Water District Meetings are held on the first Tuesdays. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 36. Memorandum of Understanding for the Acquisition of Property within the City of Lake Elsinore for Conservation Purposes. (F:68.1) City Manager Watenpaugh noted that Mr. Sauls and other representatives were in attendance at this meeting. City Attorney Leibold explained that this item was for 598 acres of habitat acquisition; but noted that the issue was raised at the October 12`h meeting regarding the lost opportunities for the east /west transportation corridor in this area. She clarified that this would provide that the land could be acquired but it would not be encumbered for up to six years or until the corridor is sited. She stressed that it would not hamper the ability to design such a corridor. She noted that representatives of the Tri- Valley group were present. Councilman Magee indicated that he needed to thank a few people for this. He noted that this matter came to the Council some time ago, but the Orange County corridor had been neglected. He thanked the City Attorney and Ed Sauls as the property owners representative for his patience. He recognized the staff members at RCTC that worked with all parties to make sure the timing would be appropriate. He thanked Supervisor Ashley for directing his staff to do what they had promised. Page Twenty -Eight — City Council Minutes — November 9, 2004 MOVED BY MAGEE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MEMORANDUM OF UNDERSTANDING FOR THE ACQUISITION OF PROPERTY WITHIN THE CITY OF LAKE ELSINORE FOR CONSERVATION PURPOSES AND THE ADDENDUM, AND AUTHORIZED THE MAYOR TO EXECUTE THE DOCUMENTS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:19 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 8:25 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Paula Graver, 117 Poe Street, read a story about the relevance of a deck of cards in church. She reminded everyone that the Support the Troops rallies were continuing. She also recognized the birthday of the Marine Corps. Edith Stafford, 29700 Hursh Street, indicated that there were contradictions from the Electoral Reform Committee. She commented that an auditor had never exposed the improprieties the City Treasurer found. She addressed a comment by the City Attorney and the Committee that the Finance Director could do what the Treasurer had done, but stressed that none had exposed what the Treasurer had, such as health and wellness. She noted that the Finance Director had collected Health and Wellness in June and September. She suggested that as the advisor to the Committee, the City Attorney was the culprit to misinterpretations. She requested a revote on the City Treasurer item. She questioned closed session item d, noting that last time the Council voted not to renew his contract; and how there could be no reportable action tonight. City Attorney Leibold indicated that the action of several meetings ago was for a notice of non - renewal, but he was continuing to work under that his agreement. She advised that the discussion tonight was continued on his performance evaluation. She commented that with respect to the Electoral Reform Committee, she served as staff to the committee. Page Twenty -Nine — City Council Minutes — November 9, 2004 Woodrow Rogers, 31646 Saddle Ridge Drive, questioned CFD 90 -3 and CFD 2003 -h, noting that it was his understanding that 2003 -h included Summerhill, West Lake Elsinore, 97 -b, 97, 90 -3 and 90 -1, for a total of $30.9 million. He questioned who was paying 90 -3. He expressed complete agreement with Mrs. Stafford, noting that he could not believe that the City Treasurer's position should be appointed. He indicated that it had to be someone totally objective, and stressed the need for increased disclosure. He suggested that things were too easy to hide. City Manager Watenpaugh responded that City Treasurer Weber and Administrative Services Director Pressey would be happy to assist Mr. Rogers in obtaining information. Bill Arnold., 31556 Sagecrest Drive, addressed Mello -Roos, noting a public meeting on January 281h, when he was assured that the increases for 2004 -05 would be limited to 2 %. He indicated that he got his tax bill and his taxes were up 8.5% this year; and requested information from the City ten days ago, but had not received any information. He indicated that he was concerned about the information because the December 10`h deadline was approaching. He commented that if there was an issue, he would like to prevent having the collection of a very large amount of money. City Manager Watenpaugh indicated that he was not aware of Mr. Arnold's request, but offered to meet with him. Administrative Services Director Pressey indicated that he received Mr. Arnold's call and request for information. He advised that he explained the condition of Mello -Roos, and agreed to have Mr. Anderson explain the maximum tax and special tax. He clarified that in this case the special tax was up to the maximum tax. City Manager Watenpaugh noted the explanation at the previous meeting at Railroad Canyon Elementary School, but indicated that he would follow -up on the questions tomorrow. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted that the Council requested a study session on CFD's, and indicated that Administrative Services Director Pressey had been Page Thirty — City Council Minutes — November 9, 2004 working on dates with the Finance Team. He questioned the Council's availability on December 1st, 6th or 13th, with possible alternates of December 7th or 14th. Council consensus was to hold the meeting on December 13`h at 5 p.m. City Manager Watenpaugh indicated that staff would notice the meeting. 2) Thanked the citizens and staff for their calls and letters in his absence. He particularly thanked staff and the Chamber of Commerce for sending flowers. 3) Thanked Jerry Harmatz for his comments. 4) Expressed appreciation to Mrs. Hyland for her years participating in the Main Street event, and noted that things were changing. 5) Noted the comments by Mr. Wise on the public use of the joint use high school. He thanked staff for working with Sharon Lindsay to address the concerns. CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Addressed the Electoral Reform Committee, and clarified her role to provide research materials, while the City Clerk served as the minute keeper. She stressed that the Committee Members were capable of making their own decisions. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS Page Thirty -One — City Council Minutes — November 9, 2004 City Treasurer Weber commented on the following: 1) Noted that he met with the Finance Team on November 4!' and addressed the Series H bond. He indicated that he found out that the 2003 Series H bonds were issued in 2004, as a refinance of five bonds. He indicated that he would like to request an item at the next meeting, for an audit by an outside firm on this complex issue. He advised that he wanted to go back to 1990 with a series A issue, to find out how things were paid from 1990 to 1997 with the workout plan. He further advised that he wanted to find out how it applied the monies, what was done with the reserve and the 2003 Series H. He indicated that he would request $10,000 which could come from the administrative funds in the bonds. He noted that he understood that there were annual audits, but they were very cursory, when it came to the bonds. City Manager Watenpaugh requested that Mr. Weber meet the Agenda timeline for the next meeting. CITY COUNCIL COMMENTS Councilman Magee commented on the following: 1) Indicated that he was approached by a representative from Caltrans with concerns about the Costco development and line of sight and drainage in the area. He commented that he did not want to hold that project up, but wanted it to be safe for everyone. 2) Noted that several weeks ago he was advised that the Stadium had undergone a video catalog of the grounds of what was there and what needed repairs. He requested that video be shared with the Council, so they could understand the potential liabilities. 3) Requested a Study Session on Animal Friends, and suggested it needed to be done before the end of December.. He noted that another study session had just been set for December 131h Page Thirty -Two — City Council Minutes — November 9, 2004 4) Requested that staff look at the development of two new possible fees, one to assist with the animal shelter fees and one to begin a construction fund for a new City Hall. He commented that if the Council never started setting funds aside, it would never get started; and stressed that even with the recent changes it was still crowded. 5) Noted a memo from the City Manager regarding the General Plan Consultant, with a time table that ended tonight. City Manager Watenpaugh noted that staff set a meeting for the day he returned, which had been rescheduled to tomorrow. Councilman Magee inquired if it would be ready for consideration on November 23ra City Manager Watenpaugh indicated that it was his understanding it would start in December. 6) Noted an e -mail from Ms. Jamie Francis, and requested a hard copy. City Manager Watenpaugh noted that Information/Communications Manager Dennis had been corresponding with her. He explained that Ms. Francis was on AOL and due to a spam filter, the information was not getting through. 7) Noted a package of information and photographs he had received showing significant road problems in the four corners area, and requested that the City Manager address the items and get back to Council. 8) Noted the presence of the two individuals regarding the joint use of the library. Suggested that people who still had concerns contact the City Clerk's Office for contact information. Councilman Schiffner commented on the following: 1) Noted the Electoral Reform Committee recommendations and indicated that most of them were pretty good and he would have been willing to accept them as they were, but the Council did some fine Page Thirty -Three — City Council Minutes — November 9, 2004 tuning. He indicated that one he objected to was regarding the dates of elections. He noted that the Committee suggested that starting in 2005, the next two elections would be for terms of three years, shifting the elections to even years. He indicated that he thought that was a good solution, but the majority of the Council requested an ordinance to extend the terms of the entire Council by one year. He stressed that he disagreed with this action and did not vote for it; and suggested that it should be put on the ballot for the citizens to vote on. He expressed hopes that all of the citizens would consider what had been proposed. He indicated that he wanted everyone to know what had happened, as he did not think that it was the right for the Council to extend their term. He stressed that he thought the voters should decide, and indicated that he would continue to push to put that matter on the ballot at the next election. Mayor Pro Tern Kelley commented on the following: 1) Told the Electoral Reform Committee Members that she appreciated their efforts very much. She noted that based on their presentation, it was apparent that they had given thoughtful consideration to all of the issues assigned to them, while being objective and looking at the best interest of the City. She indicated that their lengthy discussion was evident. She commented that she had a couple of issues on this matter that she personally wanted to raise. She indicated that when a committee makes a recommendation, it is generally done in a study session so there is time for questions and responses; followed by a presentation on camera. She advised that she would have preferred that process, because the presentation could have been more in depth than was possible tonight. She suggested that it would have answered more questions. She indicated that the other issue was moving the election, and concurred with Councilman Schiffner. She noted that on one hand, the entire Council voted to put the City Treasurer position on the ballot for public input, but on the other hand, when it came to extending terms it was a 3 to 2 vote to have it Page Thirty -Four — City Council Minutes — November 9, 2004 come back to extend. She stressed that she did not feel comfortable extending the positions, as the voters elected the Councilmembers for four years, not five years. She indicated that the recommendation of the transition was fair to the citizens of the community. She commented that she was disappointed with the motion, but as Councilman Schiffner said it would be coming back to future meetings. She stressed that she would like to hear from the constituents; and noted as a matter of clarification that the City Treasurer's term would be moved also. She noted that the City Treasurer issued would be on the ballot in 2006, and if it stayed elected that would be fine, but if it changed to appointed, it would still extend two years past that, as it would extend the same as the Council, beyond the wishes of the voters. Mayor Buckley clarified that he would stay to the end of his term. Mayor Pro Tem Kelley questioned how far the term would extend. City Attorney Leibold clarified that the term would run to 2008. Councilman Hickman commented on the following: 1) Indicated that if there was an election in 2005 it would be an additional $40,000. He stressed that the whole intention was to save money with even years. 2) Wished everyone a happy Veteran's Day or Armistice Day. 3) Requested information on the retention basin at Pulte Homes. 4) Noted that Ms. Francis was wanting street light due to burglaries in the area. 5) Concurred that the Halloween event was nice. Mayor Buckley commented on the following: Page Thirty -Five — City Council Minutes — November 9, 2004 1) Addressed the discussion of the videotape of the Stadium, and suggested having staff look at what to do with it. 2) Noted the Election Committee issue, and Mr. LaPere's suggested to vote on the term. He suggested the public should also vote on directly electing the Mayor and Districts; but reiterated that the only vote was to be regarding the Treasurer. He indicated that as for shifting the term, it would save money and result in more than double the turnout. He commented that it had nothing to do with extending or decreasing the term. He suggested that if the committee had considered it last year and recommended shortening the terms he would have voted for it just the same. He indicated that the reason the meeting was held on Wednesday was because it took three hours. He stressed that it was very detailed and important to go through the brainwork of the committee. He addressed voting on things by the public, and noted that there was a petition on the same issues, that the Council refused to put on the ballot. Councilman Schiffner indicated that was not the reason it was not on the ballot. 3) Congratulated Harvey Ryan and Phil Williams on their election to EVMWD; and Jeannie Corral and Jon Gray on their Election to the School Board. 4) Announced the Elsinore Grand Prix on November 13th and 14th, noting that there would be some traffic issues in the downtown area. 5) Thanked Elsinore Middle School and Mrs. Dunlap's Class for inviting him to visit their class. 6) Announced the following upcoming events: November 18th Chamber EDC Lunch with Legislative Summit November 19th and 201h — Women's Club Melodrama November 201h: Unity in the Community Run— 7:30 a.m. Page Thirty -Six — City Council Minutes — November 9, 2004 November 20`h Unity in the Community Parade — 10 a.m. December 3`d Winterfest December 5`h Open Air Market December 91h C.D.B.G Application Deadline 7) Noted that the Chamber of Commerce was still accepting canned food for HOPE; and unwrapped toys and grocery certificates for Cops for Kids and HOPE. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:05 P.M. MAYOR CITY OF LAKE CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 2004 CALL TO ORDER Mayor Pro Tern Kelley called the Joint Study Session to order at 4:05 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, ABSENT: COUNCILMEMBERS: BUCKLEY(Mayor Buckley arrived at 4:15 p.m.) Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Public Works Manager Payne, Recreation/Tourism Manager Fazzio, Parks & Open Space Manager Fazzio, Building & Safety Manager Chipman, Engineering Manager Seumalo, City Treasurer Weber, and Deputy City Clerk Ray. DISCUSSION ITEMS Mayor Pro Tern Kelley started the meeting in the absence of Mayor Buckley. PUBLIC COMMENTS Bill Tiitto questioned when staff would be fixing the flooding on Lakeshore Drive between Chaney Street and Riverside Drive. Mayor Pro Tem Kelley indicated that either City Manager Watenpaugh or Public Works Manager Payne would respond to his question. PAGE TWO STUDY SESSION MINUTES — NOVEMBER 23, 2004 CONSENT CALENDAR 1. Minutes. Ron Hewison, 35 Villa Valtelena, commented on item lc. He indicated that the Planning Commission Meeting for November 2, 2004, at the Planning Commission level approved the October 19, 2004, Planning Commission Minutes, at the October 19th meeting the Lusk, Brehm, Pulte issue was discussed and agreed. He indicated that the developer agreed to some flip flops on some lots, during the presentation there were some misstatements made, that were corrected during the October 19`h meeting. He indicated that the minutes were not presented at the November 2nd meeting. He indicated that the minutes for the November 2nd meeting were not posted on the internet, therefore he did not attend the November 2nd meeting, the October 19th were agendized for the November 16th meeting. He indicated that he attended that meeting to point out the minutes were inaccurate. He further indicated that the Planning staff had since reviewed the tape and confirmed that the October 19th minutes were inaccurate. He indicated that the Planning Department was working with the developer to change the site plan; and he thought that everything agreed upon during the October 19th Meeting were being adhered to. Mr. Hewison indicated that he was reluctant to allow the Council the November 2nd minutes which by implication approved the October 19th minutes, which were being amended. He indicated that he wanted to make sure that when Council approved the November 2nd minutes, Council should not be approving the October 19th minutes within that. He suggested holding the approval of the October 19th minutes until the issues that were agreed upon were in writing. Mayor Buckley arrived at the Council meeting at 4:15 p.m. 2. Warrant List: November 23, 2004. Councilman Hickman requested clarification on various checks issued on the warrant list; and staff clarified. PAGE THREE STUDY SESSION MINUTES — NOVEMBER 23, 2004 3. Investment Report — July — September, 2004. No comments. 4. Disposal of Surplus Electronics as scrap. No comments. 5. Digital Conversion of microfiche records — Bid America - $17,500. No comments. 6. Authorization to prepare CEQA Compliance Documents — Lakeview Villas. No comments. 7. Amend the contract for CEQA Compliance -North Tuscany Hills. No comments. 8. Fire Engine Purchase for Canyon Hiss Fire Station - $350,000. No comments. 9. Four Corners Paving Project -Lehr Dr, Illinois St, Kansas St, Nebraska St and Wisconsin St - $76,878. Bill Tiitto, 32296 Machado Street, inquired when there would be work completed at the four corners intersection (Lakeshore Drive and Riverside Drive). City Manager Watenpaugh indicated that the circulation plan was to be addressed later at the 7 p.m. Council Meeting. Public Works Manager Payne indicated that in regard to the drainage issue near Chaney, the Engineer Staff was addressing designing larger piping through the area that would carry the flow coming through the Country Club Heights area; and that would possibly be addressed in the next year's budget. City PAGE FOUR STUDY SESSION MINUTES — NOVEMBER 23, 2004 Manager Watenpaugh clarified it would be addressed and prioritized by Council. 10.2004/05 Vehicle Replacement Program — Four Pickup Trucks- $72,932.28. Councilman Magee questioned the age of the existing vehicles being replaced. Public Works Manager Payne indicated that the S l Os and 1 full size would be rotated down into the Public Works Fleet and some older vehicles would be sold. He indicated that 10 years or 100,000 miles was the standard and the vehicles were rotated out of the fleet and the newer vehicles were rotated down. Councilman Magee clarified that the older vehicles drop out. Public Works Manager Payne confirmed and indicated that the dropped out vehicles were sold at auctions and the money put back into the General Fund. PUBLIC HEARINGS 21. Amended Tentative Tract Map No. 30493 (Canyon Hills Specific Plan). No comments. 22. Amendment No. 1 to Tentative Parcel Map No. 30395 located on Pasadena Street from Central Avenue to Third Street. No comments. 31. Second Reading —Ordinance No. 1131. No comments. 32. Second Reading — Ordinance No. 1132. No comments. PAGE FIVE STUDY SESSION MINUTES — NOVEMBER 23, 2004 33. Request by City Treasurer Weber to Approve a Financial Audit of 2003 Series H Bond, Issued on October 1, 2003 - $10,000. Mayor Buckley deferred to City Treasurer Weber for comments. City Treasurer Weber indicated that Administrative Services Director Pressey assisted him in writing the report. He indicated that they were going to follow the money trail. He indicated that he received a letter from Citibank stating that they were in favor of the audit and they thought it should be done. Bill Tiitto, commented on the stadium bonds and questioned the placement of the funds. Mayor Buckley indicated that the money went to construction and a series of refinancing. 34. 211 Referral System - $3,761. Mayor Buckley indicated the item came before WRCOG and other cities and the County was in the process of helping to fund the item. 35. First reading — Ordinance N0. 1133. No comments. 36. Resolution No. 2004 -66. Councilman Magee referred to the language. He indicated the language was listed as "relating to the elimination of the office." He suggested rewording it to say "offering voters a choice as to selection of the Treasurer either by election of appointment." He also commented on the Ordinance. He suggested the wording be changed to "shall the office of the Treasurer continue to be elected ?" City Attorney Leibold indicated that the language of the measure was dictated by the Government Code. PAGE SIX STUDY SESSION MINUTES — NOVEMBER 23, 2004 Mayor Buckley questioned the ability to change the word "elimination ". City Attorney Leibold indicated that it could be changed, as it was an item for identification for the agenda it had no legislative affect. Mayor Buckley indicated that it was stated in the Resolution. Mayor Buckley inquired if Councilman Magee had a suggestion for wording regarding the language using the word elimination. Councilman Magee suggested the following — "Offering the voters a choice as to the selection of the Treasurer either by election or by appointment." 37. Application for Planning Commission. City Manager Watenpaugh gave an overview of the item. He indicated that Mr. Ryan was elected to the Water Board. Councilman Magee indicated that the new process required a letter of resignation. City Attorney Leibold clarified that the new process required that the office be vacated and the office was vacated when the member could no longer serve or was disqualified to serve; and in Mr. Ryan's case he would be disqualified to serve once he had taken the oath of office for the Water Board position. REDEVELOPMENT AGENCY CONSENT CALENDAR 1. Minutes. No comments. 2. Warrant List — November 15, 2004. No comments. PAGE SEVEN STUDY SESSION MINUTES — NOVEMBER 23, 2004 3. Investment Report — July- September, 2004. No comments. 4. Amendment No.I Tentative Parcel Map No. 30395. No comments. PUBLIC HEARINGS None. None. PUBLIC COMMENTS Steve Thomson, Los Angeles, commented that he had property in Lake Elsinore. He indicated that there were a lot of investment opportunities in Lake Elsinore and he was not speaking of roof tops. He indicated that from the outside looking in the function of the City seemed to be on a personal level. He indicated that there was not a collective view from the Council; and they were not working together. He indicated that City staff had always assisted him when he needed help. He suggested holding back the vote on the City Manager until the results of the audit. ADJOURNMENT THE JOINT CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION WAS ADJOURNED AT 5:00 P.M. THOMAS BUCKLEY, MAYOR CITY OF LAKE ELSINORE PAGE EIGHT STUDY SESSION MINUTES — NOVEMBER 23, 2004 DARYL HICKMAN, CHAIRMAN REDEVELOPMENT AGENCY espect lly submitted, REDERICK DEPUTY CITY CLERK ,Y CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 23, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.9) (F:40.1) Property: 32395 Corydon Street Negotiating Parties: KB Homes and City of Lake Elsinore Under Negotiation: Price and Terms Page Two — City Council Minutes — November 23, 2004 b. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.9)(F:40.1) Property: 108 West Heald Avenue Negotiating Parties: B. Taylor and City of Lake Elsinore Under Negotiation: Price and Terms C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager (Pursuant to Government Code Section 54957)(F:40. 1)(X:46. 1) City Attorney Leibold announced the Closed Session Items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:01 P.M. The Closed Session discussion was completed at 6:25 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M.) Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman Ron LaPere. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY Page Three — City Council Minutes — November 23, 2004 ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Police Chief Fetherolf, Building & Safety Manager Chipman, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS A. Presentation - Country Club Heights Advisory Committee. (F:59.5) Mayor Buckley called the Committee members forward for recognition. He noted that there were five great representatives to be honored. He recognized John Gonzalez, Gary Jacobs and Chairman Ray Tamargo, and noted that Vicki Wallace and Ray Booze could not be present for recognition. He commended them all on a great job. Chairman Tamargo shared this recognition with the Council, for setting up the committee, and thanked the Council for the opportunity to serve. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session to discuss 2 items of real property negotiations on 32395 Corydon and 108 West Heald with no reportable action. She further reported that the Council met regarding the Public Employee Performance Evaluation, with no reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE J.J. Swanson, 1403 Heald, representing the Lake Elsinore Historical Society, announced that there were two exciting events coming up, being the estate sale in Page Four — City Council Minutes — November 23, 2004 the basement of the Cultural Center on December 4th and 5th starting at 8 a.m. She noted that there had been a lot of donations including four sets of model home furniture; which would be available at wonderful prices. She also announced the Holiday Home Tour of seven homes and historical sites, including the Chimes. She advised that tickets were available from Ruth Atkins at 678 -1537. She offered congratulations to Councilman Magee and Gina. Al Lyons announced the December 11th Holiday Boat Parade of Lights on the Lake, and advised that entry forms were available for decorated boats. He thanked Lake & Aquatic Resources Director Kilroy for his efforts to get the parade organized. He indicated that they would have trophies and awards, with the parade launching from Lake Elsinore Marina West. He encouraged interested parties to contact Mr. Kilroy. Donna Franson, 7 Villa Valtelena, noted that no action had been taken on the City Manager tonight, but indicated that their committee had done a survey with findings that they did not want action taken tonight. She indicated that their survey found that people were in favor of waiting for the outside auditor's report. She commented that it was costly to buy out the contract at this time and not a wise move for the City. She encouraged the Council to consider their constituents' opinions. Jerry Harmatz, 512 N. Spring, indicated that he had found a hidden treasure on Main Street, being La Tre Restaurant. He commented that they served a unique, special food and urged everyone to try the restaurant. He indicated that he had $5 discount coupons for distribution. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items, and deferred to those discussions: Item Nos. 33, 35 and 36. Page Five — City Council Minutes — November 23, 2004 CONSENT CALENDAR MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. Councilman Hickman named Cindy Hewison as his representative to the Fire Station Naming Committee. The following Minutes were approved: a. Joint Study Session - October 26, 2004. (17:44.4) b. Regular City Council Meeting - October 26, 2004. The following Minutes were received and ordered filed: C. Planning Commission Meeting - November 2, 2004. (17:60.3) d. Public Safety Advisory Commission Meeting - May 12, 2004.(F:59.6) e. Public Safety Advisory Commission Meeting - June 9, 2004. f Public Safety Advisory Commission Meeting - July 14, 2004. g. Public Safety Advisory Commission Meeting - September 8, 2004. h. Public Safety Advisory Commission Meeting - October 13, 2004. 2. Ratified Warrant List for November 15, 2004. (F:12.3) 3. Received and ordered filed the Investment Report for July- September, 2004. (F:12.5) 4. Approved Disposal of Surplus Electronic Equipment as Scrap. (17:48.1) 5. Authorized City Manager to sign Purchase Order of Phase Two Conversion of Microfiche Records with Bid America in the amount of $17,500. (F:68.1)(X:32.1) 6. Authorized City Manager to Sign Agreement with HDR Engineering, Inc., in the amount of $32,149.00, to Prepare CEQA Compliance Documents for Page Six — City Council Minutes — November 23, 2004 General Plan Amendment No. 2004 -06, Zone Change No. 2004 -07, Tentative Parcel (Condominium) Map No. 32127, Residential Design Review No.2004 -05 and Conditional Use Permit No. 2004 -14 for the Project known as the Lakeview Villas. (17:68.1) 7. Authorized City Manager to Approve Cost Amendment No. 1 with HDR Engineering, Inc., in the amount of $66,250, for CEQA Compliance Documents for North Tuscany Hills Project. (17:68.1) 3. Approved waiver of City Bidding Requirement in lieu of County procedure and Authorized City Manager to Approve Purchase Order for Fire Engine Purchase for Canyon Hills Fire Station in the amount of $350,000. (F:127.3 )(X:12.1) 9. Authorized Expenditure of $76,878 from Unallocated Revenues for Four Corners Paving Project, including Lehr Drive, Illinois Street, Kansas Street, Nebraska Street and Wisconsin Street. (F: 156.2)(X:30.1) 10. Authorized City Manager to proceed with Purchase of three Pickup Trucks and Lease of one Pickup Truck as part of the 2004/2005 Vehicle Replacement Program in the amount of $72,932.28. (F:48.1)(X:30.1) PUBLIC HEARINGS 21. Amended Tentative Tract Map No. 30493 (Canyon Hills Specific Plan). (F: 160.2)(X: 150.2) Mayor Buckley opened the Public Hearing at 7:12 p.m. Community Development Director Brady advised that this was an amended tract map within the Canyon Hills Specific Plan. He explained that this modification was requested due to an outcropping of rock encountered during the grading. He indicated that it would allow for seven additional residential lots and one additional open space lot. He noted that the new project would have 440 total lots with 401 single family lots of increased size. Page Seven — City Council Minutes — November 23, 2004 Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Buckley closed the Public Hearing at 7:14 p.m. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDED TENTATIVE TRACT MAP NO. 30493, BASED ON THE ATTACHMENTS AND THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL: ` 1 it cl 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the City General Plan and Canyon Hills Specific Plan; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. The project is consistent with the designated land use planning areas, development and design standards, and all other appropriate requirements contained in the Canyon Hills Specific Plan, General Plan, City Municipal Code, and Subdivision Map Act. 2. The proposed subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan. 3. The effects this proposed subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Canyon Hills Specific Plan, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The project will comply with all appropriate conservation requirements of the City and Uniform Building Code. Page Eight — City Council Minutes — November 23, 2004 CONDITIONS OF APPROVAL PLANNING DIVISION CONDITIONS GENERAL 1. Amended Tentative Tract Map No. 30493 will expire two 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. Additional extensions of time (36 months maximum time per the Subdivision Map Act) may be granted per City Council approval. 2. Amended Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 3. Future development shall comply with those standards and guidelines contained in the Residential Element, Commercial/Institutional Element, Public Facilities and Services Element, Resources Management Element, Circulation Element, Zoning Element, and Community Wide Implementation Element as contained in the Canyon Hills Specific Plan document. 4. Amended Tentative Tract Map No. 30493 shall comply with the State of California Subdivision Map Act and applicable requirements contained in the Canyon Hills Specific Plan document and the Lake Elsinore Municipal Code (LEMC), unless modified by approved Conditions of Approval. 5. Future development shall comply with those requirements and provisions contained in the Canyon Hills Development Agreement; 2004 Funding, Construction, and Acquisition Agreement, and Community Facilities District (CFD) No. 2003 -02. 6. The applicant shall participate in the City of Lake Elsinore Citywide Landscaping and Street Lighting District, as appropriate. 7. The applicant shall provide all project - related onsite and offsite improvements as described in the Canyon Hills Specific document and Amended Tentative Tract Map No. 30493. 8. The applicant shall implement those mitigation measures identified in the 1989 Final Canyon Hills Specific Plan EIR and the 2003 Addendum to the Final Canyon Hills Specific Plan EIR. 9. All future proposals shall be reviewed by the City on a project -by- project basis. If determined necessary by the Community Development Director or designee, additional environmental analysis will be required. 10. Future construction shall meet all Riverside County Fire Department standards for fire protection and Page Nine — City Council Minutes — November 23, 2004 any additional requirements requested by the County Fire Department (see attached comments from Fire Department dated October 1, 2004). 11. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, Agents, and its Consultants from any claim, action, or proceeding against the City, its Officials, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning implementation and construction of the Canyon Hills Specific Plan, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. PRIOR TO FINAL TRACT MAP 12. All lots shall comply with minimum standards contained in the Canyon Hills Specific Plan. 13. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 14. Street names within the subdivision shall be approved by the Community Development Director or Designee. 15. All of the improvements shall be designed by the applicant's Civil Engineer to the specifications of the City of Lake Elsinore. 16. The applicant shall comply with all conditions of the Riverside County Fire Department. 17. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). PRIOR TO DESIGN REVIEW APPROVAL 18. All future structural development associated with this map requires separate Design Review approval. 19. Prior to Design Review approval, the applicant shall show the following: • Prepare Conceptual Landscape Plan for Model Home Complex which describes species, size, and location of trees, shrubs, groundcover, hardscape, etc. to be provided. • Show that architectural treatments and articulation will be provided along all elevations, not only the front elevations. At a minimum, foam surrounds will be provided around all windows located along the side and rear elevations. • Those side and rear elevations that are within the public view will be provided with additional architectural enhancements and articulations. Page Ten — City Council Minutes — November 23, 2004 • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. • All front return walls shall be constructed of decorative masonry concrete block. Wooden front returns are not allowed. • Perimeter walls around the subdivision shall be of decorative masonry concrete block 20. Design for all drainage basins proposed with Amended Tentative Tract Map No. 30493 shall be approved by the City Engineering Manager and Community Development Director or designee. Security fencing shall also be shown. Chain -link fencing is prohibited. PRIOR TO BUILDING PERMIT /GRADING PERMITS 21. Prior to issuance of any grading permit and /or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 22. The applicant shall obtain all necessary State and Federal permits, approvals, or other entitlements, where applicable, prior to each phase of development of the project. 23. Prior to issuance of building permit, a Fuel Modification Plan and Program shall be approved by the Fire Department for future phases. Said Plan and Program shall show those special treatments necessary to achieve an acceptable level of risk in regard to the exposure of structures to flammable vegetation and shall describe the method of removal and installation, and provisions for maintenance. The City's Landscape Architect shall ensure compliance of said program. 24. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 25. Prior to issuance of building permit, the applicant shall submit a letter of verification (will -serve letter) to the City Engineer, for all required utility services. 26. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 27. Amended Tentative Tract Map No. 30493 shall annex into the existing Canyon Hills Homeowner's Association. 28. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 29. Pay all applicable fees including park fees. Page Eleven — City Council Minutes — November 23, 2004 30. The applicant shall provide connection to public sewer for each lot within any subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 31. The applicant (master developer) shall prepare a Community -Wide Wall Plan for the entire Canyon Hills area. 32. Prior to issuance of building permit, the applicant shall prepare a Final Wall and Fence Plan addressing the following: • Show that a masonry or decorative block wall will be constructed along the entire tract boundary. • Show materials, colors, and heights of rear, side and front walls /fences for proposed lots. • Show that front return walls shall be decorative masonry block walls. Front return wood fences shall not be permitted. • Show that side walls for corner lots shall be decorative masonry block walls. • Show that those materials provided along the front elevations (ie. brick, stone, etc.) will wrap around the side elevation and be flush with the front return walls. 33. The applicant shall submit plans to the electric utility company for a layout of the street lighting system. The cost of street lighting, installation as well as energy charges shall be the responsibility of the developer and /or the association. Said plans shall be approved by the City and shall be installed in accordance with the City Standards. 34. The applicant shall meet all requirements of the providing electric utility company. 35. The applicant shall meet all requirements of the providing gas utility company. 36. The applicant shall meet all requirements of the providing telephone utility company. 37. A bond is required guaranteeing the removal of all trailers used during construction. 38. All signage shall be subject to Planning Division review and approval prior to installation 39. Any alterations to the topography, ground surface, or any other site preparation activity will require appropriate grading permits. A Geologic Soils Report with associated recommendations will be required for grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer and the Planning Division. Analysis of impacts of fills and cuts greater than 60 feet shall be provided. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. Page Twelve — City Council Minutes — November 23, 2004 40. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY 41. The applicant shall restrict all construction traffic from using Lost Road, south of the project boundary. All construction traffic will access the project area from Canyon Hills Road. 42. Throughout construction, as deemed appropriate by the City and the applicant, fugitive dust suppression along Lost Road to minimize fugitive dust generation shall be applied. Fugitive dust suppression techniques may include soil watering, application of soil binders, and/or placement of gravel or other appropriate material to minimize vehicle generated dust. 43. Open space lots shall be retained by the applicant or dedicated to a Conservancy. Maintenance of these open space lots shall be the responsibility of either the Conservancy and /or HOA. 44. The applicant shall comply with applicable requirements of the Riverside County Flood Control and Water Conservation District and their letter dated October 6, 2004 (attached). ENGINEERING DIVISION CONDITIONS 45. Provide detention/desilting basin for the difference in storm runoff between the developed and undeveloped flows caused by project, unless previously provided. 46. Dedicate and improve full width of Hillside Drive. Street improvements shall be consistent with Canyon Hills Specific Plan. 47. Dedicate and improve full half -width of Canyon Hills Road. Street improvements shall be consistent with Canyon Hills Specific Plan. 48. Dedicate and improve full width of internal streets. Street improvements shall conform to Canyon Hills Specific Plan standards for local street cross sections. 49. No parking shall be allowed on project frontage of Canyon Hills and Hillside Drive. Applicant shall provide for `No Parking' signage for these streets on the street improvement plans. 50. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), TUMF, encroachment permit fees and inspection fees associated with the project and its development. Those fees that are exempted by the Development Agreement shall apply. 51. Desirable design grade for local streets should not exceed 9 %. The maximum grade of 15% should only be used because of design constraints. Page Thirteen — City Council Minutes — November 23, 2004 52. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %a" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 53. The applicant shall install permanent bench marks in compliance with Lake Elsinore Municipal Code 16.32. 54. An Alquist - Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site. In the event a study is not required, a certified letter from a geologist or geotechnical engineer shall be provided. 55. 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. 56. Tentative Tract Map 30493 shall be subject to all applicable conditions of approval of Tentative Tract 23848 (Canyon Hills Development) and the approved Specific Plan, 57. Pay all Development and Plan Check fees (LEMC 16.34, Resolution 85 -26). 58. Submit a "Will Serve" letter to the City Engineering Department 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. 59. All grading of open space lots or hillside adjacent to lots or roadways shall be secured with long term erosion control measures including a maintenance plan. 60. Lettered lot A, B and C shall be owned and maintained by a homeowner's association. 61. The applicant shall 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). 62. 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). 63. The 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. 64. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 %s" x 11" Mylar) shall be submitted to the Engineering Department before final inspection of public works improvements will be scheduled and approved. Page Fourteen — City Council Minutes — November 23, 2004 65. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 66. 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. 67. Provide fire protection facilities as required in writing by Riverside County Fire. 68. Provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 69. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 70. The 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. 71. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 72. All utilities except electrical over 12 kV shall be placed underground, as approved by the serving utility. 73. Grading plans shall be prepared by a California 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. Grading plans shall show all drainage patterns. 74. The applicant shall provide soils, geology and seismic report including street design recommendations. The applicant shall also provide a final soils report showing compliance with recommendations. 75. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 76. 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. 77. 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 ". Page Fifteen — City Council Minutes — November 23, 2004 78. 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. 79. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of final map. The applicant shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. 80. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 81. 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. 82. 10 -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. 83. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run -off on private property. 84. The 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. 85. 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 set the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 86. "E" Street is on the inside of a curve and will only be permitted when adequate sight distance is verified by a registered civil engineer. If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 87. The width and turning radii of private streets must be approved by Riverside County Fire Dept. prior to final map approval. The private streets must be wide enough with sufficient turning radii to accommodate a city trash truck. 88. Canyon Hills Road and Hillside Drive shall be improved as specified in the Canyon Hills Specific Plan Transportation Phasing Program except for the allowance of left turn lanes at intersections and/or driveways for safety prior to the first certificate of occupancy. Page Sixteen — City Council Minutes — November 23, 2004 89. The applicant shall provide a homeowner's association with CC &R's for maintenance of the open space. 90. The large open space lots adjacent to residential lots shall have areas designated as fuel modification zones for a firebreak to be maintained by a homeowner's association. 91. Applicant shall comply with a Cultural Resources Mitigation Program prior to final map approval or grading permit (whichever occurs first). The program shall be based on site evaluations by qualified archaeologists and historians to establish significance of each site and a detailed plan for appropriate mitigation, subject to the approval of the Community Development Director. Compensation for disturbances to cultural resources shall be provided by a program to recover information from sites that shall be monitored by archaeologists. In the event significant historic material is discovered, it shall be removed before grading occurs. 92. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. 22. Amendment No. 1 to Tentative Parcel Map No. 30395 located on Pasadena Street from Central Avenue to Third Street, Assessor Parcel No.(s) APN 377 - 140 -017 & 019. (F:110.2) Mayor Buckley opened the Public Hearing at 7:15 p.m. Community Development Director Brady explained that this project would subdivide six lots to twelve lots on Pasadena Street, between Central /Third and the Outflow Channel. He advised that a portion of the project would be developed by Near Cal Corporation, and as part of the existing agreement, the improvements to Pasadena Street would be completed. Mayor Buckley asked those persons interested in this item to speak. There were no public comments. Mayor Buckley closed the public hearing at 7:16 p.m. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE AMENDMENT NO. 1 TO TENTATIVE PARCEL MAP NO. 30395 BASED ON THE FOLLOWING FINDINGS AND Page Seventeen — City Council Minutes — November 23, 2004 EXHIBITS, AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. FINDINGS The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan. 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. Subject to the attached conditions of approval, the proposed project is not anticipated to result in any significant environmental impact. PLANNING DIVISION Amendment No. 1 to Tentative Parcel Map No. 30395 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. 2. Amendment 1, of Tentative Parcel Map No. 30395 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. 30395, 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 Amendment 1, of Tentative Parcel Map No. 30395, 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 Page Eighteen — City Council Minutes — November 23, 2004 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). The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of a eeftifieate of eamphanee building permit. (Amended per Planning Commission, November 16, 2004) 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. The applicant shall meet all requirements of the providing electric utility company. 11. The applicant shall meet all requirements of the providing gas utility company. 12. The applicant shall 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, sub - divider shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 16. Prior to issuance of 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. 17. The applicant shall record a CC &R that provides for irrevocable reciprocal parking, circulation, ingress and egress, loading and landscaping maintenance easements in favor of all lots. It shall also enforce standards of building maintenance and participation in landscape maintenance. The CC &R shall be approved by the Community Development Director prior to building permit. J Page Nineteen — City Council Minutes — November 23, 2004 18. The applicant shall provide an access road to mitigation or Flood Control for the purpose of vector control. ENGINEERING DIVISION 19. 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. 20. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26); including traffic mitigation fees applicable to square footage of industrial building area and the drainage fee. 21. 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. 22. 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). 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. 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 1/2" 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. Page Twenty — City Council Minutes — November 23, 2004 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 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. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 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. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 42. The applicant shall meet all requirements of LEMC 15.68 regarding floodplain management. 43. No structures can be built in the floodway. For structures built in the flood plain, the finish floor Page Twenty -One — City Council Minutes — November 23, 2004 elevation must be at or above the base flood elevation. 44. The applicant shall provide FEMA elevation certificates prior to certificate of occupancies. 45. The floodway and floodplain must be designated on the final map. 46. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 47. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 48. All drainage structures outletting into the Outlet Channel must receive approval from the Riverside County Flood Control District. 49. 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. 50. Roof and yard drains will not be allowed to outlet through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 51. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria's are exceeded, drainage facilities should be installed. 52. Developer shall be subject to all Master Planned Drainage fees and will receive credit for all Master Planned Drainage facilities constructed. 53. Provide Phasing Plan for the site and Pasadena Ave. for the City Engineer's approval 54. Applicant shall cause to be recorded a CC &R, applicable to lots one through five (1 -5), which provides for irrevocable reciprocal parking, circulation, loading and landscape maintenance easement in favor of 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. (Amended per Planning Commission, November 16, 2004) 55. 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. Page Twenty -Two — City Council Minutes — November 23, 2004 56. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 57. 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. 58. 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. BUSINESS ITEMS 31. Second Reading - Ordinance No. 1131 - Zone Change NO. 2004 -11 - Best Western Hotel. (F:58.2) MOVED BY SCHIFFNER, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1131, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1131 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 2004 -11 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 363- 172 - 004,013 AND 020 FROM C -1 NEIGHBORHOOD COMMERCIAL TO C -2 GENERAL COMMERCIAL DISTRICT UNDER THE ZONING ORDINANCE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, Page Twenty -Three — City Council Minutes — November 23, 2004 MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Readine - Ordinance No. 1132 - Amended and Restated Development Agreement with Castle & Cooke. (17:68.1) MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1132, UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1132 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH CASTLE & COOKE LAKE ELSINORE OUTLET CENTERS, INC. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE Page Twenty -Four — City Council Minutes — November 23, 2004 33. Request by City Treasurer Weber to Approve a Financial Audit of 2003 Series H Bond, Issued on October 1, 2003 - $10,000. (F:49. 1)(X:24. 1) City Treasurer Weber explained that this would be the first of this type of audit on any outstanding bonds, and noted that this was about a $31 million bond. He indicated that it would track the financials on the bond, although the history was already known. He clarified that it would show the money flows and the developers that had come in and gone out of the process. He noted a letter from the Debt Advisory Commission, stating that they were in support of this action, as it was always best to have a second set of eyes to look at these matters. He suggested a time line that would complete the process by the end of March, and noted that the City's Bond Counsel would help with the money trail to give the auditor a good head start on the process. He stressed that this was a good action for the City. Edith Stafford, 29700 Hursh, indicated that she was in support of the audit. Councilman Magee thanked the City Treasurer for his involvement and work, and Administrative Services Director Pressey and his staff for working with the Treasurer. He questioned how the payment comes out of the bond to pay for these services. City Treasurer Weber indicated that Mr. Pressey was more aware of this process, but it was possible to take it out of the administrative portion. He explained that the bonds included a reserve account, the bond fund and the administrative account. He noted that the administrative account also pays the fiscal agent, etc.; and indicated that it was a pretty common practice to do so. Councilman Magee inquired if this was a self monitoring mechanism. Administrative Services Director Pressey confirmed. Councilman Magee thanked Mr. Weber and Mr. Pressey for their efforts. Councilman Schiffher suggested that the City's own staff could provide all of the information on this issue and probably had. He indicated that he did not think that spending another $10,000 would explain it any better; so he expressed opposition to the audit. Page Twenty -Five — City Council Minutes — November 23, 2004 Mayor Pro Tem Kelley questioned the recommendation which says, ".....authorize the office to write and distribute the request for proposal.." She indicated that she believed it should come from Administrative Services Director Pressey's office. City Treasurer Weber indicated that he would be working with Mr. Pressey on it, but will be looking for some specific items. Mayor Pro Tem Kelley questioned the appropriateness of that participation. City Treasurer Weber suggested that Mr. Pressey might not include everything he wants included. Mayor Pro Tem Kelley questioned the request for proposal and if Mr. Pressey would be working with Mr. Weber to write them. Administrative Services Director Pressey indicated that basically as a matter of practicality he and Mr. Weber would be writing the request and they would jointly mail it out and come up with the list of firms. Mayor Pro Tem Kelley stressed that she wanted to be sure it was a joint effort, and that the Council would get a copy before it was sent out. She indicated that it was also her understanding that the process of the audit would involve the financial team of Rod Gunn and Don Hunt as part of the whole process. Administrative Services Director Pressey confirmed that both were supportive of the audit and would be doing a large part of the legwork based on specific questions. He noted that they came up with a few additional points for review. He explained that the independent auditor would review the summary and determine that it was prepared correctly. He stressed that the financial team was onboard with the whole process. Mayor Pro Tem Kelley stressed that she wanted them on board. Councilman Magee indicated that he wanted to make sure the RFP included not only a request for findings, but also a request for recommendations on how to proceed and appropriate next steps. MOVED BY HICKMAN, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 4 TO 1 WITH SCHIFFNER CASTING THE DISSENTING VOTE TO APPROVE $10,000 TO PERFORM THE AUDIT OF 2003 SERIES H BONDS ISSUED ON OCTOBER 1, 20039 AND AUTHORIZED THE CITY TREASURER'S OFFICE IN COOPERATION WITH CITY STAFF TO WRITE AND DISTRIBUTE A REQUEST FOR PROPOSALS FOR Page Twenty -Six — City Council Minutes — November 23, 2004 AUDITOR SELECTION. 34. 211 Referral System- $3,76 1.(F:68. 1)(X: 140. 1)(X: 127. 1) Mayor Buckley explained that this would be similar to the 911 system for government agencies, but served volunteer agencies and community service resources. He suggested that instead of knowing the number of the Braille Institute, someone would call 211 and be hooked up directly. He noted that it would also address public health issues. He advised that the system would be paid for by each City, at a rate of $.13 per person, or for Lake Elsinore at a rate of $3,761 per year until the next census. He noted that the matter came up to WRCOG for consideration, and would soon be in operation in Los Angeles, Ventura, San Diego, Orange, San Bernardino and Riverside Counties. He advised that service was anticipated to begin on July 151, but was already in operation in a number of other states. He noted that it was suggested that this would reduce the number of non - emergency calls received by the 911 system. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE PARTICIPATION IN THE 211 REFERRAL SYSTEM AND ALLOCATE $3,761 FROM THE UNALLOCATED RESERVES FOR THE CITY'S FINANCIAL PARTICIPATION. 35. Ordinance No. 1133 - Amending Section 2.08.025 of the Lake Elsinore Municipal Code, Changing the Date of the City's General Municipal Election and Adding Section 2.08.026 Providing for the Extension of Terms. (17:72.1) City Attorney Leibold explained that the Electoral Reform Committee was established and asked to evaluate and make recommendations on about seven different issues. She further explained that they made their recommendations and the City Council directed her office to prepare two items as soon as possible. The first being this ordinance to change the election date from November odd numbered years to November even Page Twenty-Seven — City Council Minutes — November 23, 2004 numbered years. She noted that municipal laws allow cities to establish varying election dates including this consolidation. She explained the process, noting that this ordinance would be effective 30 days after adoption. She clarified that it proposed shifting future elections starting in November, 2006, which would postpone the 2005 election and extend the terms of all current elected officials. James Judziewicz, Electoral Reform Committee member, thanked the Council for the Electoral Reform Committee and thanked Mayor Pro Tern Kelley for his appointment. He indicated that it was an educational experience and advised that the Committee took time and did a great job in finding out what was best for the City. He clarified that the Committee did not recommend the changes as being considered tonight. He explained that they saw the value of even numbered years, but not of extending terms by one year. He stressed that the Committee did not vote for anyone to be there for three or five more years. He requested that the Council reconsider that issue, and noted that Councilman Magee was the swing vote on it. He commented that this would be a 25% increase in the elected official terms. He stressed that the Committee presented a better way to get to even years, and encouraged the public to ask the committee how they would have structured the transition. He commented that it would have increased some costs, but would far outweigh taking away the right of the people to elect someone to a specific term. Donna Franson, 7 Villa Valtelena, commented that this was another matter on which they surveyed their membership. She noted that several people questioned the legality of this change. She indicated that a few members had no problem with extending the terms, until they learned the cost to send out notices to registered voters. She noted that others were concerned with a special meeting that was not televised. She requested that the Council consider the constituents when voting. City Attorney Leibold clarified the fiscal impact change would be about $6,000 with notices to about 12,000 registered voters. She further clarified Page Twenty -Eight — City Council Minutes — November 23, 2004 that the notices would be required no matter when the change occurred. Councilman Schiffner commented that the Council appointed the Committee with the intention of getting recommendations from them. He concurred with Mr. Judziewicz that the Committee gave this long and hard consideration and came back with a reasonable suggestion that would not have impacted anyone. He suggested that it was a bit arrogant of the Council to extend their terms by a year. He expressed hopes that the Council would reconsider this recommendation by the Committee. He indicated that he did not approve of the ordinance as presented. Councilman Hickman indicated that he could not see voting each year, and noted that it would save about $40,000 an election. He also noted that it would draw a higher voter turnout. He stressed that this action was a benefit for the community. Mayor Pro Tem Kelley repeated what was said at the special meeting, that each Councilmember appointed someone to the committee and gave them seven tasks to study, which they did very competently. She indicated that they came back with thorough and competent suggestions, including elections in 2005, 2007 and 2008. She commented that while it was one more election, it would phase the change in and the voters would know the term they were voting for. She stressed that the current elected officials were elected for four year terms, not five year terms. She noted that there seemed to be no problem with spending money on fireworks and other things, and there should not be a problem with spending money to give the people a voice. She suggested that the Committee proposal was fair and did not change the terms. She indicated that she could not support this ordinance. Mayor Buckley commented that regarding the shift to 2006 and 2008, he was discussing the change in 2001 and he would have been just as happy to have seen the change last year. He stressed that it was all about increasing participation in local elections. He indicated that the overriding point was Page Twenty -Nine — City Council Minutes — November 23, 2004 to make the civic body healthier through increased participation. He stressed the need to stop the sense of disconnect with City Hall, and suggested that this would do an incredible service for decades to come. He expressed support for the change. MOVED BY HICKMAN, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1133, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.025 OF THE LAKE ELSINORE MUNICIPAL CODE CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND ADDING SECTION 2.08.026 PROVIDING FOR THE EXTENSION OF TERMS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, BUCKLEY NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: KELLEY, SCHIFFNER NONE NONE 36. Resolution No. 2004 -67 - Giviniz Notice of Intent to Submit to the Qualified Electors a Proposed Measure Relating to the Elimination of the Office of Elected Treasurer in Favor of an Appointive Office.(F:72. 1)(X:49. 1) City Attorney Leibold noted that there was a recommendation for change in the Resolution title discussed at the Study Session. She read the corrections for the record. Mayor Buckley noted that this Ballot Measure would occur Page Thirty — City Council Minutes — November 23, 2004 at the election in 2006, but the City Treasurer would serve his complete term. Chris Hyland, 15192 Wavecrest, noted that several years ago there was a park assessment on the ballot and a group of citizens defeated it by 80 %; and advised that a new group would be working to defeat this matter by 99 %. She noted that in the past the Treasurer had not been given any material to research, but Mr. Weber had been a light in the sky and a watchdog. She encouraged those against this item to contact Edith Stafford at 245 -5704, and stressed that they would be working diligently to keep the City Treasurer an elected office. Mayor Buckley noted the ballot question as it would be listed on the ballot. Mayor Pro Tern Kelley noted another recommendation from the Electoral Reform Committee, and indicated that this was taking the vote to the ballot, which she supported. She commented that the voters would have the right to decide if the position should be appointed or elected. She expressed her support for this action. Mayor Buckley commented that this was discussed at the November 3`d meeting that went on for three hours. He indicated that he did not want to short the committee on time to go through the material. He noted that he abstained on this item at that meeting. He indicated that he agreed that the voters should participate at all levels, but supported an elected City Treasurer without question. Councilman Hickman requested clarification that if this did not pass, the position would stay as it was. City Attorney Leibold confirmed. MOVED BY SCHIFFNER, SECONDED BY MAGEE AND CARRIED BY A VOTE OF 3 TO 1 WITH HICKMAN CASTING THE DISSENTING VOTE AND BUCKLEY ABSTAINING TO ADOPT RESOLUTION NO. 2004-67: Page Thirty -One — City Council Minutes — November 23, 2004 RESOLUTION NO. 2004-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, GIVING NOTICE OF INTENT TO SUBMIT TO THE QUALIFIED ELECTORS OF SAID CITY A PROPOSED MEASURE OFFERING THE VOTERS A CHOICE AS TO THE SELECTION OF THE CITY TREASURER EITHER BY ELECTION OR BY APPOINTMENT. 37. Applications for Planning Commission.(F:60.2) City Manager Watenpaugh explained that this item was to move forward with applications and advertise, so when Mr. Ryan resigns his position to go to the Elsinore Valley Municipal Water District Board, there will be a group of individuals to interview. He noted that this would prevent a long vacancy on the Planning Commission. Mayor Buckley congratulated Harvey Ryan on his election and noted that it was not possible to serve as both a Planning Commissioner and a Water Board Member. City Attorney Leibold confirmed and clarified the incompatibility of offices. Mayor Buckley noted that Mr. Ryan would be allowed to continue on the RDA Committee. He advised that City Hall would start taking applications immediately and continue until December 17`'. MOVED BY KELLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE STAFF TO PROCEED WITH ADVERTISEMENT FOR APPLICATIONS. THE CITY COUNCIL MEETING WAS RECESSED AT 7:53 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:56 P.M. Page Thirty -Two — City Council Minutes — November 23, 2004 PUBLIC COMMENTS William Arnold, 31556 Sagecrest Drive, thanked the Council for their efforts on the Mello -Roos taxes to provide the citizens of Summerhill the monies from Wasson Canyon. He indicated that this would assist them with their overburdened taxation. He thanked them for their decision in that direction. He noted an article in the Californian quoting the Mayor on his support of the motion, but commented that it was currently conditional on the matter, as it said "most of the funds ". He expressed concern as to what other activities the funds would be dedicated to. Mayor Buckley indicated that the vast majority would be so directed, but the Council had yet to approve the disbursement of the money, and explained the balancing that would need to occur. He stressed that it would all have to come back to the Council for consideration. Mr. Arnold indicated that it was great work, but there was still a lot more to be done. He noted that City Treasurer Weber had done a great job, but there was a lot more to do. He indicated that he felt there were funds that could be liberated that could help reduce the indebtedness, and with diligence, those funds could be uncovered if they existed. Woodrow Rogers, 31646 Saddle Ridge Drive, read the description of a CFD from the California tax web page. He indicated that he took a drive to Wasson Canyon to look at CFD 90 -3, and noted that $4.1 million was authorized in 1990 for infrastructure in the area. He advised that he did not see the infrastructure and questioned where the money was spent. He commented that the whole bond in 1990 became a major issue for defaults in later bonds. He questioned if the funds went back into the general budget or the reserve fund. He concurred with City Treasurer Weber that an audit of the bonds was needed. City Manager Watenpaugh clarified that out of the $4.1 million, $2 million was authorized for grading and improvements. He further clarified that Mr. Gunn and the Finance Team have worked to restructure the funds. He offered to run the numbers, but concurred that it was very complicated. He indicated that it had been upside -down, but was now coming into fruition. He commented that it was hoped that there would be about $1 million to help offset the other districts. He noted that the repayments would be coming to Council for approval. Mr. Rogers Page Thirty -Three — City Council Minutes — November 23, 2004 noted that the public did not read bond issues, and he only became interested due to the extreme tax burden. He indicated that he was delighted to have a treasurer who was not obligated to anyone. He stressed the importance of a qualified person serving as treasurer. Mayor Buckley noted that qualifications for office for general law cities were not allowed. City Attorney Leibold confirmed that the only qualifications to seek elected office were being 18 years of age and a registered voter in the jurisdiction. Mayor Buckley commented that a lot of the bonds in the late 1980's were dirt bonds, but fortunately, the City had not issued any dirt bonds. He concurred that what happened in the past was reprehensible, but it had not happened in years. He noted that a lot of other cities did get into the dirt bond business. City Attorney Leibold noted that many cities had the expectation that development was on the rise, but the market bottomed out. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Noted the Christmas boat parade and the need for judges. He inquired if the City Council members were available, and indicated if they were not, it would be open to Commissioners. 2) Indicated that he had visited with the Mayor regarding the General Plan update. He advised that six proposals were received, staff had reviewed them and would like to set up interviews the week of December 6`h. He suggested that Councilmembers Magee and Schiffner might like to sit in with staff on the interviews. Mayor Buckley clarified that this would not be a sub - committee, but rather they would interact and get a feel for the proposals, without a formal recommendation. He suggested that it would just give the Councilmembers a comfort level. City Manager Watenpaugh indicated that he would follow -up with the Councilmembers. Page Thirty -Four — City Council Minutes — November 23, 2004 3) Advised that there would be an issue coming up regarding the Princess and its rising and lowering in the water and displacement of fuel. He indicated that he would discuss it with the Attorney and representatives, and the Council might have to take action to get it out of the water soon. Mayor Buckley questioned if staff would know the cost by the 14th. City Manager Watenpaugh indicated that he could try for the 14`h. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Thanked those that voted for the audit, and expressed hopes that it would be completed by the end of March. He stressed that there would be a timeline and the process would be very businesslike. 2) Addressed the Canyon Hills Development and the road that will go into Murrieta. Indicated that he discussed it with Mr. Stringer and there was the possibility of a gate to prevent a huge amount of traffic. He suggested that staff look at limiting the accessibility. 3) Noted the past drowning and expressed hopes that the fence was still visible and secure in the area. Mayor Buckley indicated that he believed that the fence was still in place. Lake & Aquatic Resources Director Kilroy confirmed that the temporary fencing was still in place.. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Advised that he attended the dedication of Elsinore First Assembly's new facility, and indicated that it was a beautiful service and facility. 2) Indicated that if anyone was interested in adopting a family for the holidays or making a donation to HOPE, they could contact Bev Page Thirty -Five — City Council Minutes — November 23, 2004 Mumphries. 3) Suggested if anyone knew a family in need of Thanksgiving Dinner could also call Bev Mumphries at HOPE. 4) Reminded the community of the Chamber of Commerce Food and Toy Drive. 5) Noted the Unity in the Community 5K Race, and indicated that there was a group from the Bikini Beach Club and detailed their results. He advised that the parade was also enjoyable. He offered kudos to all who participated. 6) Wished everyone a Happy Thanksgiving. Councilman Schiffner commented on the following: 1) Noted that he watched the Unity in the Community parade this year and was thrilled with the event. He commented that it was truly something to be proud of. 2) Wished everyone a Happy Thanksgiving. Mayor Pro Tern Kelley commented on the following: 1) Concurred that the Unity in the Community parade was a wonderful event, and noted that she walked with her class. 2) Congratulated Councilman Magee and Gina. 3) Wished everyone a Happy Thanksgiving. 4) Noted that they had about 3 inches of snow at her home on Sunday and it stayed most of Monday. She commented that it was a nice Page Thirty -Six — City Council Minutes — November 23, 2004 welcome to the holidays. Councilman Magee had no comments. Mayor Buckley commented on the following: 1) Thanked Jeannie Corral and the volunteers for the Parade and Race, and noted that they were truly fun. 2) Announced the Holiday Home Tour on December 11th from 11 a.m. to 3 p.m., and noted that the tickets were available at the museum or Collectors Corral. 3) Announced the following upcoming events: December 3`d — Winterfest December 5th - Open Air Market December 11th — Breakfast with Santa December 11th — Holiday Boat Parade of Lights 4) Noted that Cops for Kids and HOPE were asking for food and toys to be dropped off at the Chamber, HOPE or the Police Station. 5) Advised that the contract had been signed with Conrad & Associates the outside auditing firm, and indicated that they would be starting work on Monday. 6) Announced that the City would be hosting a meeting on December 90 for social service organizations to serve as a networking session to put them together with the churches for mutual benefit. He suggested both sides could help each other to better serve the community. He noted that staff would be sending out letters next week. 7) Wished everyone a Happy Thanksgiving. Page Thirty -Seven — City Council Minutes — November 23, 2004 ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:16 P.M. TES BU ,pKLEY, MAYOR CITY OF LAKE ELSINORE VICKI KASAD, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 14, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Buckley at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBER: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake /Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) (FA0.1)(X:114.13) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC, a California limited liability company. Under Negotiation: Price and Terms of Payment Page Two - City Council Minutes — December 14, 2004 b. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b)(3)( C ) of Government Code Section 54956.9 (1 potential case) (F:40.10)(X:52.1) C. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Manager (Government Code Section 54957) (F:40. 1)(X:46. 1) d. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk (Government Code Section 54957) (FA0. 1)(X:42. 1) City Attorney Leibold announced the closed session discussions as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:01 P.M. The Closed Session discussion was completed at 6:35 p.m. RECONVENE IN PUBLIC SESSION Mayor Buckley reconvened the Regular City Council Meeting in Public Session at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by School Board Member Jeannie Corral. INVOCATION - MOMENT OF SILENT PRAYER Mayor Buckley led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, Page Three — City Council Minutes — December 14, 2004 BUCKLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake /Aquatic Resources Director Kilroy, Police Chief Fetherolf, Engineering Manager Seumalo, Finance Manager Magee, Information/ Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS A. Presentation - Elsinore Valley Cgp. (F: 142.1)(X:64.3) Janna Cass, Director of the Unity in the Community 5k Race, noted that this was their fourth year and the event was getting better. She advised that this year they were able to give more to Cops for Kids, Community Connections and HOPE. She also presented $1,000 to Maureen Davis for the City's After School Program at the Community Center. She commended the City for its support of the race and indicated that she was pleased to provide this funding for the After School Programs. Ms. Davis thanked Ms. Cass for the funding and indicated that this was the fifth year of the After School Program, but noted that it was not specifically funded. B. Presentation - Chamber of Commerce Update. (F:108.4) Kim Cousins, President and CEO of the Lake Elsinore Valley Chamber of Commerce, wished everyone Happy Holidays. He thanked the community for their support of the food drive and noted that it would end this Friday. He noted an article in the Under the Sun Magazine, indicated that it was good information, which would be continued in the next issue. He advised Page Four — City Council Minutes — December 14, 2004 that he had provided copies of their latest newsletter. He announced the upcoming Annual Installation Dinner at the Diamond on January 22nd, indicating that it would include their awards ceremony and be an exciting evening. CLOSED SESSION REPORT City Attorney Leibold noted the four items listed on the item. She advised that Item D relating to the Performance Evaluation for the City Clerk had been continued to December 28th. She advised that with regard to the Real Property Negotiations on the Campground and the Anticipated Litigation they were both discussed, however there was no reportable action. She announced that with regard to Item C on the Performance Evaluation for the City Manager, the City Manager and City Council had discussed the issue and the City Manager had announced his retirement effective February 4, 2005. She indicated that an agreement had been prepared for placement on the agenda this evening and requested a motion by the City Council. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADD THE RETIREMENT AGREEMENT AND MUTUAL GENERAL RELEASE WITH CITY MANAGER WATENPAUGH TO THIS AGENDA FOR CONSIDERATION. City Attorney Leibold indicated that she would make the agreement available to the City Clerk as a public record. Mayor Buckley highlighted the general provisions of the agreement, with Mr. Watenpaugh remaining in his position until February 4th, then receiving t/2 of salary and payment of about $74,000 for six additional years of Ca1PERS retirement. MOVED BY BUCKLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE RETIREMENT AGREEMENT AND MUTUAL GENERAL RELEASE AND DIRECT STAFF TO PLACE AN ITEM ON THE DECEMBER 28TH AGENDA REGARDING POTENTIAL TRANSITION SCENARIOS. Page Five – City Council Minutes – December 14, 2004 City Attorney Leibold indicated that she would have the agreement executed by the Mayor and available with the City Clerk. PUBLIC COMMENTS – NON - AGENDIZED ITEMS –1 MINUTE Paula Graver, 117 Poe Street, noted her new dog. She commented on the upcoming Saturday Support the Troops Rally, and indicated that it would be special with eight Vietnam Veterans present. She thanked the Unity in the Community parade for the recognition, as the most patriotic unit. She thanked those who had helped her send out 37 gift packages to local troops; and provided her e -mail address for those wishing to have more sent out as Alaskan. angel gfpo.net. .— Salvador Sepulveda, 31094 S. Wisconsin Street, commented on the condition of Kansas, Lehr and Illinois Streets, noting that he had been there for 48 years and improvements were overdue. He indicated that they voted for landscaping and lights, but still did not have lights, and stressed that they would like to have their area considered for improvements. Mayor Buckley noted that the Council had received photos of the area and questioned if he had met with staff regarding the Pavement Management System. City Manager Watenpaugh confirmed that the information was received and noted that it was scheduled for paving. He offered to call Mr. Sepulveda regarding the timing for paving. Howard Steinbacher, 28925 Red Gum Drive, expressed concern with the Costco site. He explained that the hours of construction, from 8 p.m. to 4 a.m., were causing noise and disruption of sleep for the residents of the eucalyptus grove. He indicated that he was a retired contractor, and he was always restricted in his hours of work. He questioned if this was a violation of the City's noise ordinances and whether the Council was aware of what was going on. He noted that he lived within 800 or 1,000 feet of the area. He questioned why they had been allowed to work at night. City Manager Watenpaugh indicated that when they started the program, it was decided that there would be less disruption and traffic problems if the work was done at night. He anticipated that there would be about two more months of night work, unless the Council wished to change the process. He Page Six — City Council Minutes — December 14, 2004 stressed that there was the potential for more disruption during the day. Mr. Steinbacher stressed his concern with the noise level. City Manager Watenpaugh indicated that he would be happy to pass the information on, but noted that the developer had offered to provide hotels to help resolve sleep issues because they were moving as quickly as possible to get the work done. Mr. Steinbacher inquired how they got permission to work at night. City Manager Watenpaugh indicated that they were granted approval, due to the day -time traffic concerns. Mayor Buckley commented that the choice was between bad traffic and bad noise. City Manager Watenpaugh apologized for the noise. Mr. Steinbacher inquired if there was a way to slow the work down. Community Development Director Brady indicated that they were reviewing with the contractor, the potential for using strobe lights instead of the back up alarms. Mr. Steinbacher suggested that this would be helpful and stressed the level of noise. Lorraine Watts, 210 N. Scrivener, addressed the 2005 Homeless Census Project, and encouraged everyone to fill out forms and participate. She explained that the -- Homeless Census would be taken all over Riverside County, and stressed the need for input and volunteers. She thanked the City for having the Community meeting last Thursday with the community groups and churches. She indicated that working together on that level would allow for a good census. John Reid, 21625 Appaloosa Court, Canyon Lake, indicated that he was on the border of Canyon Lake and Lake Elsinore, near Pulte Development. He noted that he met with City Engineer Seumalo today and the Pulte representatives to discuss the issues of grading on the slopes. He advised that he came to report on that meeting and indicated that the most important information was that the slope behind his house was too close to the property line. He indicated that everyone agreed it was done improperly and that it would be changed. He noted that there was also discussion of installing a "v" ditch, street lights and landscaping on the slopes. Ruth Atkins and J.J. Swanson, thanked the community for their support of the Holiday Home Tour. They noted that The Chimes was on the tour and many people were very interested in visiting The Chimes. They indicated that there Page Seven — City Council Minutes — December 14, 2004 were six others, which were nice as well. They noted that the owners of The Chimes had indicated that it might be open on a more frequent basis in the future. They announced that there would be another fund- raiser with a local business owner for a raffle. They explained that the grand prize winner would get to name a street at the grand opening of the museum. They indicated that raffle tickets were $10 each. PUBLIC COMMENTS — AGENDIZED ITEMS — 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 8, 33 and 35. CONSENT CALENDAR The following item was pulled from the Consent Calendar for further discussion and consideration: Item No. 8. MOVED BY BUCKLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED WITH THE CHANGE TO THE MINUTES AS REQUESTED BY COUNCILMAN HICKMAN AND COUNCILMAN MAGEE ABSTAINING ON ITEM NO. 6. The following Minutes were approved as corrected: a. Joint City Council/Redevelopment Agency Study Session — November 9, 2004. b. Regular City Council Meeting — November 9, 2004. C. Special City Council Meeting — November 23, 2004. (F:44.4) Page Eight — City Council Minutes — December 14, 2004 The following Minutes were received and ordered filed: d. Planning Commission Meeting — November 2, 2004. (17:60.2) 2. Ratified Warrant List for November 30, 2004. (F:12.3) 3. Rejected and referred to Claims Administrator for handling, the Claim Against the City, submitted on behalf of Cameron Hamilton (CL #2004 -11). (F:52.2) 4. Approved Final Map 30493 -1, located in the Canyon Hills Specific Plan, subject to City Engineer approval, and authorized recordation. (F: 160.2)(X: 150.2) 5. Approved Final Map 30493 -2, located Northwest of Canyon Hills Road, subject to City Engineer approval and authorized recordation. (F: 160.2) 6. Approved Final Map 30846, located in the Rancho La Laguna Specific Plan, subject to City Engineer approval and authorized recordation. (This item was approved by a vote of 4 — 0, with Councilman Magee abstaining.) (F:160.2) 7. Approved Final Map 31917, located North of McVicker Canyon Park Road, subject to City Engineer approval and authorized recordation. (F:160.2) 9. Adopted Resolution of Intention No. 2004 -68, to annex property into Community Facilities District No. 2003 -1 (Law Enforcement, Fire and Paramedic Services) and to authorize the levy of a special tax within Annexation Area No. 9 (Serenity); and scheduled public hearing for January 25, 2005. (F:22.3) RESOLUTION NO. 2004-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ANNEX PROPERTY INTO COMMUNITY FACILITIES DISTRICT NO. 2003-1 (LAW ENFORCEMENT, FIRE low Page Nine — City Council Minutes — December 14, 2004 AND PARAMEDIC SERVICES) AND TO AUTHORIZE THE LEVY OF A SPECIAL TAX WITHIN THE ANNEXATION AREA NO.9 (SERENITY). 10. Adopted Resolution No. 2004 -69 initiating proceedings and approving the Engineer's Report for the Annexation of certain territory known as Tracts 30846 and 19344 -3 into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No. 3, declaring the City's intention to order the Annexation and to levy and collect assessments, determining that these proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the right to vote on taxes act, and offering a time and place for hearing objections thereto on January 25, 2005. (F:22.2) RESOLUTION NO. 2004-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACTS 30846 AND 19344 -3 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 19 AS ANNEXATION NO.3 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. 11. Adopted Resolution of Intention No. 2004 -70 to establish Community Facilities District No. 2005 -1 (Serenity) and Resolution No. 2004 -71 to Page Ten - City Council Minutes – December 14, 2004 incur bonded indebtedness. (F:22.3) RESOLUTION NO. 2004-70 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY). RESOLUTION NO. 2004-71 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT TO EXCEED $1290009000 WITHIN THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2005-1 (SERENITY). '— 12. Approved 31St Year CDBG Senior Center Application, and directed staff to submit it for continued funding in the amount of $35,721. (F:84.2) PUBLIC HEARINGS 21. Annexation No. 71, General Plan Amendment No. 2004 -09, Zone Change No. 2004 -04, vesting Tentative Tract Map No. 32503 and Mitigated Negative Declaration No. 2004 -09. (F:20.2)(F:160.2) Community Development Director Brady explained this item and the components which related to the annexation of approximately 15.75 acres of land. He advised that it would be required to go through the LAFCO process, as well as a general plan amendment, zone change and tentative tract map process. He advised that the design review would come to the Council at a future date. He detailed the resolutions and ordinance for Council's consideration at this meeting. Page Eleven — City Council Minutes — December 14, 2004 Mayor Buckley opened the public hearing at 7:28 p.m. asking those persons interested in this item to speak. There were no public comments. Councilman Schiffner inquired if the four resolutions could be adopted in one motion. City Attorney Leibold indicated that it would be preferable to do one at a time. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-72: RESOLUTION NO. 2004-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING MITIGATED NEGATIVE DECLARATION NO. 2004-09 FOR THE PROJECT KNOWN AS ANNEXATION NO. 71, GENERAL PLAN AMENDMENT NO. 2004- 09, ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(S) 349 - 400 -005, 349 - 430 -011 & 012 AND A PORTION OF 349 - 430 -006. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-73: RESOLUTION NO. 2004-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX THE TERRITORY DESIGNATED AS ANNEXATION NO. 71 (APN(S) 349- 400 -005, 349 - 430 -011 & 012 AND A PORTION OF 349 - 430 -006) INTO THE CORPORATE BOUNDARIES OF THE CITY OF LAKE ELSINORE. MOVED BY MAGEE, SECONDED BY KELLEY AND CARRIED BY Page Twelve — City Council Minutes — December 14, 2004 UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-74: RESOLUTION NO. 2004-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN LAND USE MAP FOR THE THIRD CYCLE OF THE CALENDAR YEAR 2004, AMENDING THE LAND USE DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 349 - 400 -005, 349 - 430 -011 & 012 AND A PORTION OF 349 - 430 -006 FROM THE COUNTY OF RIVERSIDE "FUTURE SPECIFIC PLAN" (FSP) AND LOW DENSITY TO THE CITY OF LAKE ELSINORE'S GENERAL PLAN DESIGNATION OF LOW- MEDIUM DENSITY SUBJECT TO THE COMPLETION OF ANNEXATION NO. 71. MOVED BY MAGEE, SECONDED BY HICKMAN TO ADOPT ORDINANCE NO. 1134, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE - ZONE) NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN(S) 349 -400- 005, 349 - 430 -011 & 012 AND A PORTION OF 349 - 430 -006 TO R -1 SINGLE FAMILY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF ANNEXATION NO. 71. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, Page Thirteen — City Council Minutes — December 14, 2004 BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 2004-75: RESOLUTION NO. 2004-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING FINDINGS OF CONSISTENCY WITH THE MULTI - SPECIES HABITAT CONSERVATION PLAN (MSHCP) FOR THE PROJECT KNOWN AS ANNEXATION NO. 71, GENERAL PLAN AMENDMENT NO. 2004- 09, ZONE CHANGE NO. 2004-04 AND VESTING TENTATIVE TRACT MAP 32503 LOCATED AT APN(S) 349 - 400 -005, 349 - 430 -011 & 012 AND A PORTION OF 349 - 430 -006. MOVED BY MAGEE, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE VESTING TENTATIVE TRACT MAP NO. 32503 SUBDIVIDING THE 15.75 NET ACRE SITE INTO SIXTY (60) SINGLE - FAMILY LOTS. BASED ON THE ATTACHMENTS AND FINDINGS AND SUBJECT TO THE CONDITIONS OF APPROVAL: Findings — Mitigated Negative Declaration 1. Revisions in the project plans or proposals made by or agreed to by the applicant before a proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and Page Fourteen — City Council Minutes — December 14, 2004 The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 2. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. Findings — General Plan Amendment 1. The proposed General Plan Amendment will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. The proposed General Plan Amendment has been analyzed relative to its potentiality to be detrimental to the health, safety, comfort and welfare of the persons residing or working within the neighborhood of the proposed amendment. The primary issue identified by staff relates to the traffic impacts of the proposed density. Staff, concluded, based on the Traffic Analysis, that the Level of Service for the intersections in the Study Area will not be degraded as a result of this project upon the completion of annexation. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. The proposed General Plan Amendment will allow the applicant to develop the site, upon annexation, with the proposed density of 3.80 Dwelling Units /net acre and will in turn bring about a site more compatible with the area known as the Ramsgate Specific Plan. 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access, and constraints. The proposed General Plan Amendment, upon annexation, would establish a density more in conformance with the recently Ramsgate Specific Plan to the south and east of the subject site. Additionally, the proposed project site would be in close proximity of any necessary services needed by persons residing in the proposed subdivision as indicated in the "Plan ... Page Fifteen — City Council Minutes — December 14, 2004 of Services" report. 4. The proposed General Plan Amendment will not have a significant effect on the environment. The proposed General Plan Amendment was included within the description of the project's Initial Study. Based on the Initial Study, staff intends to adopt a Mitigated Negative Declaration, which concluded with mitigations that the project, upon annexation, will not have a significant effect on the environment._ Findings — MSHCP 1. The proposed project is a project under the City's MSHCP Resolution that must make an MSHCP Consistency finding before approval. Pursuant to the City's MSHCP Resolution, because the proposed project requires a number of discretionary approvals from the City and is subject to CEQA review, it must be reviewed for MSHCP consistency, which entails for the proposed project determining whether it is subject to the City's LEAP process, consistent with the Protection of Species Associated with Riparian/Riverine Areas and Vernal Pool Guidelines (MSHCP, § 61.2), Protection of Narrow Endemic Plant Species Guidelines (MSHCP, § 61.3), Additional Survey Needs and Procedures (MSHCP, § 6.3.2), Urban/Wildlands Interface Guidelines (MSHCP, § 63.2), Vegetation Mapping (MSHCP, § 63.1) requirements, Fuels Management Guidelines (MSHCP, § 64), and payment of the MSHCP Local Development Mitigation Fee (MSHCP Ordinance, § 4). 2. The proposed project is not subject to the Joint Project Review process. The footprint of the project site has been modified to avoid the MSHCP Criteria Area, and therefore, does not now fall within the Criteria Area. This has been made a condition of approval. As a result, the proposed project would not be subject to the Joint Project Review process. 3. The proposed project is consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. No riparian, riverine, vernal pool /fairy shrimp habitat and other aquatic resources were identified on the proposed project site. As a result, no further MSHCP analysis or conservation measures are required. The proposed project is therefore consistent with the Riparian/Riverine Areas and Vernal Pools Guidelines. 4. The proposed project is consistent with the Protection of Narrow Endemic Plant Species Guidelines. Page Sixteen — City Council Minutes — December 14, 2004 The project site does not fall within the Narrow Endemic Plant Species Survey Areas. Therefore, habitat assessments and/or focused surveys are not required for Narrow Endemic Plant Species. The proposed project is therefore consistent with the Protection of Narrow Endemic Plant Species Guidelines. 5. The proposed project is consistent with the Additional Survey Needs and Procedures. The project site falls within the Burrowing Owl Survey Area. However, it was determined that the species is not expected to occur on -site due to the lack of suitable habitat. To assure burrowing owls will not be impacted by project development, as a condition of project approval, a pre- construction survey will be required before grading to confirm the absence of burrowing owls, as required by the MSHCP. The project is therefore consistent with the Additional Survey Needs Requirements. 6. The proposed project is consistent with the Urban/Wildlands Interface Guidelines. Measures have been incorporated into the proposed project so that there will be no project- related drainage, toxics, lighting, noise, invasives, barriers, and grading /land development impacts to the Conservation Area. The proposed project is therefore consistent with the UrbanlWildlands Interface Guidelines. 7. The proposed project is consistent with the Vegetation Mapping requirements. The vegetation of the entire project site has been mapped. This mapping is sufficient under the MSHCP and is consistent with the MSHCP. 8. The proposed project is consistent with the Fuels Management Guidelines. The proposed project has been designed to include landscape buffers near the proposed MSHCP Conservation Area that will in essence act as Fuel Modification Zones. Within these areas there will be fire- resistant, non - invasive plants. Accordingly, with these measures, the proposed project is therefore consistent with the Fuels Management Guidelines. 9. The proposed project will be conditioned to pay the City's MSHCP Local Development Mitigation Fee. As a condition of approval, the project will be required to pay the City's MSHCP Local Development Mitigation Fee at the time of issuance of building permits. The current fee for residential development with a density of less than 8.0 dwelling units per acre is $1,651 per dwelling unit. 10. The proposed project overall is consistent with the MSHCP. Page Seventeen — City Council Minutes — December 14, 2004 The proposed project complies and is consistent with all of the required procedures, policies, and guidelines of the City's MSHCP Resolution and the MSHCP. The applicant has made revisions to the project or has agreed to specific conditions, which would avoid the effects or mitigate the effects of the project to a point where no significant effects would occur. 11. There is no substantial evidence, in the light of the whole record before the agency, that the project as revised may have significant effect on the environment. Pursuant to the evidence received in the light of the whole record presented to staff the project will not have a significant effect on the environment considering the applicable Conditions of Approval and Mitigation Monitoring Program. CONDITIONS OF APPROVAL GENERAL. CONDITIONS The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the Tentative Condominium Map, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the Applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the Applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. ANNEXATION NO. 71 2. The annexation of said property shall comply with the requirements contained in the Cortese -Knox- Herzberg Local Government Reorganization Act of 2000 (Government Code Section 56000 - 56001) and the standards and policies established by the Riverside Local Agency Formation Commission (LAFCO). 3. All entitlements contained herein are subject to the completion and approval of the annexation of the subject property. Page Eighteen — City Council Minutes — December 14, 2004 VESTING TENTATIVE TRACT MAP NO. 32503 4. Pursuant to Section 66454 of the California Subdivision Map Act (CSMA) Vesting Tentative Tract Map No. 32503 shall not become effective until such time that Annexation No. 71 is approved by the City Council and has received final approval by Riverside County Local Agency Formation Commission (LAFCO), and recorded as territory under the jurisdiction of the City of Lake Elsinore. 5. The conditional approval of Vesting Tentative Tract Map No. 32503 shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards as of the date the Local Agency Formation Commission files and records a Certificate of Completion with the County Recorder. 6. The vested rights shall expire if a final map is not approved prior to the expiration of the vesting tentative map. 7. Vesting Tentative Tract Map 32503 shall comply with the State of California Subdivision Map Act and all applicable requirements of the Lake Elsinore Municipal Code, Title 16 unless modified by approved Conditions of Approval. 8. The applicant shall comply with all mitigation measures established within the Mitigation Monitoring Program for Mitigated Negative Declaration No. 2004 -09 contained herein. 9. Prior to final certificate of occupancy of Vesting Tentative Tract Map No. 32503, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 10. The applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed original to the Community Development Department, Planning Division. 11. The parcel identified as a "remainder parcel" as shown on the Vesting Tentative Tract Map shall remain undeveloped until such time that the conservation area as identified by the Multi- Species Habitat Plan (MSHCP) for related criteria cell is identified. Page Nineteen — City Council Minutes — December 14, 2004 PRIOR TO FINAL TRACT MAP 12. Prior to Final Tract Map approval by the City Council, all lots within this subdivision shall conform to the standards of the Section 17.23 (Single - Family Residential District) of the LEMC. 13. The Final Map shall be in compliance with the approved Vesting Tentative Tract Map No. 32503 as stamped approved by the Planning Division. 14. A precise survey with closures for boundaries and all lots shall be provided per LEMC. 15. Street names within the subdivision shall be approved by the Planning Division. 16. The applicant shall comply with all requirements of Elsinore Valley Municipal Water District (EVMWD). 17. The applicant shall provide connection to public sewer for each lot within the subdivision. No service laterals shall cross adjacent property lines and shall be delineated on engineering sewer plans and profiles for submittal to the EVMWD. 18. The applicant shall meet all requirements of Southern California Edison Company. In addition, the developer shall submit plans to Southern California Edison for a layout of the street lighting system. The cost of street lighting and including installation shall be the responsibility of the Lighting Landscaping and Maintenance District (LLMD No. 1). Said plans shall be approved by the City and shall be installed in accordance with the City Standards. Amended per the Planning Commission December 7, 2004. PRIOR TO ISSUANCE OF GRADING PERMIT 18. The applicant shall be required to submit a Construction Management Plan subject to the approval of the City Engineer and the Community Development Director or designee. 19. The City's Noise Ordinance shall be met during all on site preparation activity. Construction shall not commence before 7:00 a.m. and shall completely cease at 5:00 p.m., Monday through Friday. Construction activity shall not take place on Saturday and Sunday, or any legal holidays. Page Twenty — City Council Minutes — December 14, 2004 20. Any alterations to the topography, ground surface, or any other site preparation activity will require the appropriate City permits from the Engineering Division. A Geologic Soils Report with associated recommendations will be required for all grading permit approval, and all grading must meet the City's Grading Ordinance, subject to the approval of the City Engineer. Interim and permanent erosion control measures are required. The applicant shall bond 100% for material and labor for one year for erosion control landscaping at the time the site is rough graded. PRIOR TO ISSUANCE OF BUILDING PERMITS 21. The applicant shall submit a Photometric Study which provides analysis of the lighting generated by exterior street lighting. The photometric study shall insure that street lights do not substantially impact the neighboring properties. 22. The applicant shall be required to form a Home Owner's Association (HOA) or join an existing Home Owner's Association for adequate maintenance of common open space and related landscaping. 23. Arrangements shall be made between the City and the applicant for fiscal impacts by the project prior to issuance of the first building permit. The applicant shall participate in a Cost Recovery Program or make other arrangements with the City to offset the annual negative fiscal impacts of the project on public safety and maintenance issues in the City, including city -wide improvements and facilities relating to fire and police protection and maintenance of roadways, etc. The applicant may fulfill this requirement by annexing into the Community Facilities District (CFD) No. 2003 -01 as detailed in Condition of Approval No. 87. 24. All development associated with this subdivision requires separate Design Review consideration and approval by the Planning Commission in accordance with Section 17.82 of the LEMC prior to the issuance of a building permit. 25. House plotting, architectural drawings, floor plans and landscaped buffer areas shall be in substantial conformance with the plans contained herein. All standards of development in effect at the date the applications were deemed complete (August 2, 2004) shall apply for this project. 26. All tract fencing shall be approved subject to Section 17.14.130.1) of the Lake Elsinore Municipal Code. A Fencing Plan shall be submitted to the Planning Division for review and approval at the discretion of the Community Development Director. Page Twenty -One — City Council Minutes — December 14, 2004 27. All trailers and /or mobile homes used during construction, mailboxes and signage shall be subject to Planning Division review and approval prior to installation. All trailers and/or mobile homes used during construction shall require a cash bond to guarantee proper removal. PRIOR TO CERTIFICATE OF OCCUPANCY 28. Slopes on individual lots in excess of three -feet in height shall be installed, landscaped and irrigated by the developer. These slopes shall be maintained by individual home owners. 29. All common slopes shall be installed, landscaped, and irrigated by the developer. All common slopes shall be maintained by the established Home Owner's Association. 30. The applicant shall meet all the requirements of the serving gas utility. 31. The applicant shall meet all the requirements of the serving telephone utility. 32. Prior to issuance of a building permit, the applicant shall prepare and record CC &R's against the subdivision. The CC &R's shall be reviewed and approved by the Community Development Director or Designee and the City Attorney. The CC &R's shall include methods of maintaining the landscape common areas, detention basin(s) and access drive way located between lot(s) 10 and 11. In addition, CC &R's shall established methods to address design improvements. 33. No dwelling unit in the subdivision shall be sold unless a corporation, association, property owner's group or similar entity has been formed with the right to financially assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and duty to maintain, all said mutually available features of the development. Such entity shall operate under recorded CC &R's which shall include compulsory membership of all owners of lots and /or dwelling units and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC &R's shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 34. Membership in the Home Owner's Association shall be mandatory for each buyer and any successive buyer. Page Twenty -Two — City Council Minutes — December 14, 2004 35. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 36. Prior to the commencement of grading operations, the applicant shall provide a map of all proposed haul routes to be used for movement of dirt material. Such routes shall be subject to the review and approval of the City Engineer. A bond may be required to pay for damages to the public right -of —way, subject to the approval of the City Engineer. 37. Three (3) sets of the Final Landscaping /Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a. All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b. Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty -four -inch (24 ") box in size. c. Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). d. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. e. 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. f. 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. Page Twenty -Three — City Council Minutes — December 14, 2004 g. 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. h. Final landscape plan must be consistent with approved site plan. i. Final landscape plans to include planting and irrigation details. PRIOR TO ISSUANCE OF A BUILDING PERMIT 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. 2. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 3. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 4. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING 5. The applicant shall dedicate full width right -of -way for the project frontage of Riverside Street. Right of way width dedication shall be 88 -feet with an additional 12 -foot easement dedication for roadway purposes. 6. The applicant shall construct full width street improvements along the project frontage for Riverside Street. Roadway section shall measure seventy -four (74) feet from curb face to curb face. Street improvements shall include sidewalk and landscaping as required for the Ramsgate Specific Plan. The existing curb improvements shall be cut and a new drive approach shall be constructed for the three existing lots to remain. 7. The applicant shall provide a 30 -foot wide paved access from A -street to the property located westerly of lots 7 through 16. Construct a City standard commercial driveway adjacent to A -street as the entrance to the access road. Page Twenty -Four — City Council Minutes — December 14, 2004 8. The applicant shall construct a toe drain along the westerly property line and provide an outlet into the internal storm drain system as a means of conveying the storm water. 9. The applicant shall provide documentation confirming Riverside County's acceptance of the proposed eighty -eight foot (88') road way width. 10. If this tract develops before Tract 25476, Riverside Drive shall be constructed from State Route 74 to the intersection of `B' Street and Riverside Drive. Construction shall be completed prior to issuance of the 1St certificate of occupancy. 11. If this tract develops before Tract 25476, the traffic signal at the intersection of SR 74 and Riverside Drive shall be constructed before the 55th certificate of occupancy. 12. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC), and consistent with the City's agreement with the Elsinore Valley Municipal Water District. 13. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26). 14. The 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 issuance of building permit. 15. The applicant shall construct all public works improvements per approved street plans (LEMC 12.04). Plans must be approved and signed by the City Engineer prior to issuance of building permit. 16. 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). 17. The applicant shall enter into an agreement with the City for the construction of public works improvements and shall post the appropriate bonds prior to issuance of Building Permit. 18. The applicant shall 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). 19. All compaction reports, grade certifications, monument certifications (with tie notes Page Twenty -Five — City Council Minutes — December 14, 2004 delineated on 8 ' /a" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 20. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to final map approval. 21. The applicant shall make 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. 22. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 23. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations within the improvement area. 24. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility unless otherwise approved by the City Engineer. 25. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 26. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 27. An Alquist- Priolo study shall be performed on the site to identify any hidden earthquake faults and /or liquefaction zones present on -site or provide documentation from a Professional Geologist or Geotechnical Engineer that this is not required. 28. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 29. Prior to commencement of grading operations, applicant to provide to the City with a map "— of all proposed haul routes to be used for movement of import or export material in excess of 2,000 cubic yards. Such routes shall be subject to the review and approval of the City Engineer. Page 'Twenty -Six — City Council Minutes — December 14, 2004 30. The applicant shall provide a photographic baseline record of the condition of all proposed public City haul roads to the City. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right -of -way, subject to the approval of the City Engineer. 31. 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 ". 32. 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. 33. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 34. The applicant shall meet all requirements of LEMC 15.68 regarding floodplain management. 35. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of the rough grade plans. Applicant shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 36. 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. 37. Roof drains shall not be allowed to connect directly through cuts in the street curb. Roof drains should drain to a landscaped area when ever feasible. 38. 10 year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 39. The applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 40. The applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for the development including maintenance responsibilities. Page Twenty -Seven — City Council Minutes — December 14, 2004 41. The 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. 42. 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 storm water quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 43. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveway aisles. 44. 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. 45. 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. DIRECTOR OF ADMINISTRA TIVE SERVICES 46. Prior to the issuance of the first building permit, the applicant shall annex into Community Facilities District 2003 -01 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. 47. Prior to the issuance of the first building permit, the applicant shall annex into the City - Wide Lighting and Landscape Maintenance District (LLMD) No. 1, to offset the annual negative fiscal impacts of the project on public -of -way landscaped areas to be maintained by the City and for street lights in the public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. COMMUNITY SER VICES DEPARTMENT 48. The applicant shall pay park fees of $1,600 per unit. Page Twenty -Eight — City Council Minutes — December 14, 2004 49. The Home Owner's Association (HOA) shall maintain all lettered lots including Lot "C." 50. The HOA shall maintain all natural and manufactured slopes. 51. The HOA shall maintain all perimeter landscaping. 52. The HOA shall maintain all flood control devices and structures including retention basins. 53. The applicant shall contract with CR &R for all construction debris removal as per City Ordinance. 54. The applicant shall provide the City with a digital inventory of all street signs, street markings, street trees and square footage of all streets in format approved by City. RIVERSIDE COUNTY FIRE DEPARTMENT 55. The applicant shall comply with the Conditions of Approval (See Attached) of the Riverside County Fire Department. Fire protection measures shall be provided in accordance with Riverside County ordinances and /or recognized fire protection standards. .� MULTI - SPECIES HABITAT CONSERVATION PLAN 56. The applicant shall convey, upon approval of the Riverside Conservation Authority (INCA), a conservation easement or fee title for the portion of Vesting Tentative Tract Map 32503 (2 acres) identified as the `Remainder Parcel" to the Riverside Conservation Authority (INCA) prior to the issuance of the grading permit. Added per the Planning Commission December 7, 2004. 57. A pre - construction survey will be required prior to the issuance of a Grading Permit to confirm the absence of burrowing owls as required by the Multi - Species Habitat Conservation Plan. Added per the Planning Commission December 7, 2004. Mayor Buckley closed the public hearing at 7:30 p.m. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1133 — Chanize in Election Date and Extension of Terms. (F:72.1)(X:44.1) Councilman Schiffner commented that he was still opposed to this change Page Twenty -Nine — City Council Minutes — December 14, 2004 and would be voting no. Mayor Pro Tem Kelley noted her opposition to this item for the record. MOVED BY HICKMAN, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1133, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1133 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING SECTION 2.08.025 OF THE LAKE ELSINORE MUNICIPAL CODE CHANGING THE DATE OF THE CITY'S GENERAL MUNICIPAL ELECTION AND ADDING SECTION 2.08.026 PROVIDING FOR THE EXTENSION OF TERMS. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, MAGEE, BUCKLEY NOES: COUNCILMEMBERS: KELLEY, SCHIFFNER ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. First Reading — Ordinance No. 1135 — Amending_ Chapter 8.32 of the LEMC regarding Weed and Rubbish abatement. (F:166.1) Councilman Hickman noted that there had been a change with regard to the 45 degree parcels. MOVED BY SCHIFFNER, SECONDED BY MAGEE TO ADOPT ORDINANCE NO. 1135, UPON FIRST READING BY TITLE ONLY: Page Thirty — City Council Minutes — December 14, 2004 ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WEED AND RUBBISH ABATEMENT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: HICKMAN, KELLEY, MAGEE, SCHIFFNER, BUCKLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Contract Award — General Plan Update — Mooney -Jones & Stokes — Not to exceed $825,000 with a contingency of $47,544 or 6.1 percen t. (F:83.1) Community Development Director Brady explained that this item was for the selection of the consultant to update the General Plan which was last updated in 1990. He further explained that the General Plan is a master plan or road map for the City, as the Council would like to see it fifteen years out. He indicated that it was a very important document for development, with a number of elements required by State law. He explained that as part of the process, due to the unique nature of the City, there were also several elements being considered for inclusion that were not required, such as the Lake Element, Economic Development Element, and Drainage Element. He advised that City staff prepared an RFP, which went to twenty -three consultant firms; and six proposals were presented. He indicated that of those four were found to be appropriate and continued Page Thirty -One — City Council Minutes — December 14, 2004 in the interview process by staff and Councilman Schiffner. He advised that all four firms were well qualified, but the recommendation was for Mooney -Jones & Stokes, due to their approach. He detailed the recommendations and the funding required. He advised that Brian Mooney, representing the firm, was present at this meeting to respond to questions. Jeannie Corral, 18014 Heidi Lisa, noted that in consideration of this agreement, as a member of the School Board, she would suggest getting together with the School Board. She indicated that generally with General Plan approvals and updates, the School District gets left out in the cold. She noted the rapid growth and indicated that assimilation of land, specific services and buildable land are at a premium. She commented that the calculation of future classes is based on specific numbers and large developments significantly impact the school system. She suggested setting up a time to consider the issues with the School District. She noted the death of Lilah Knight and indicated that she was someone very important to the community. She also commented on the Elsinore Valley CAP parade and commended the volunteer effort. She noted that over 4,000 students participated in more than 100 entries. Councilman Schiffner commented that he attended the interviews; and while the choice of the company was done by the Planning staff, he agreed with the decision. He commented to Mrs. Corral that Community Development would take advantage of any input, even though the City had no input into where schools were placed. Mayor Pro Tem Kelley noted that she was not part of the selection process and invited Mr. Mooney to the podium. She requested a general overview of the process, with an emphasis on the inclusion of other public entities. Mr. Mooney commented that the cornerstone of their practice is the public participation portion of the process; and stressed the importance of feedback. He explained that the citizenry should provide a guide as to Page Thirty -Two — City Council Minutes — December 14, 2004 where the community wants to go. He indicated that the second part of the process is extensive technical analysis. He noted the unique nature of the community, due to the Lake; and explained that biological resources were a key factor in southern California. He indicated that the third focus would be the use of technology, as GIS would allow a wider range of projections. He clarified that the plan would not be created until all of those components were completed. He commented that another aspect of his firm was the use of historical information and noted that the 1990 update included the influx of population on the weekends. He advised that the entire process would take about 18 months, and noted that he would be present in the community. Mayor Pro Tem Kelley inquired if Mr. Mooney would be meeting with the Council. Mr. Mooney indicated that he would start by meeting with staff, but they might decide to do a series of workshops with the Council or some sort of an advisory group. Councilman Magee commented that he was prepared to support this action, but stressed the importance of working within the budget and within the 18 month target. Mr. Mooney indicated that they had a good record of staying on budget. Councilman Schiffner noted that this consultant had suggested a little different approach. Mr. Mooney noted a project in Citrus Heights, which was a simplified general plan. He noted the voluminous documents of the 1980's and suggested the creation of more user friendly documents, which were condensed into more meaningful documents. He suggested that it would end up with a useable 75 to 100 pages of general plan with clear and concise elements. Mayor Buckley noted that he did some checking with other cities and this firm came in under budget. He concurred that timing was very important and stressed that public involvement was key to this process. MOVED BY KELLEY, SECONDED BY MAGEE AND CARRIED BY UNANIMOUS VOTE TO SELECT MOONEY JONES & STOKES AS THE Page Thirty -Three — City Council Minutes — December 14, 2004 CONSULTANT TEAM TO UPDATE THE CITY'S GENERAL PLAN; AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND AUTHORIZE AN AMOUNT NOT TO EXCEED $825,0009 WHICH WILL PROVIDE A CONTINGENCY OF $479544 OR 6.1 PERCENT TO FUND THE PROJECT. 34. Annual Adjustment of Transportation Uniform Mitigation Fee (TUMF). (F:140.1) This item was pulled from the agenda for further noticing. 35. Public Safety Advisory Commission Status Repo .(F:59.6) Public Safety Advisory Commission Chairman Uhlry noted that the Commission was formed and authorized in July, 2004, and advised that they had held five official meetings. He noted the report presented and highlighted the key topics including the Lake Safety Assessment and Citizens Action Patrol. He indicated that one of his primary goals as Chairman was to educate the Commission, and his chairmanship was ending December 31 St. He commented that it had been a very rewarding experience and the Commission was a good group to work with. He commended Commissioner Hewison on his preparation of the report for presentation to the City Coucnil. He noted that they also reviewed the Neighborhood Safety Programs, NET Program, Crime Free Multi - Housing Program and Neighborhood Watch Program. He commented that the Gang Team was one of the most active and knowledgeable; frequently being called as expert witnesses for other cities, due to their expertise. He noted that they had also worked with the Fire Department and Code Enforcement; and commented that it had been a very exciting six months. He noted that there was a need to look at the Ordinance that established the Commission, as the terms of office would appear to be ending, rather than the chairmanship and vice - chairmanship. Mayor Buckley thanked the Commission for their work to date. 36. Meeting of December 28, 2004. (F:44.1) Page Thirty -Four – City Council Minutes – December 14, 2004 Mayor Buckley noted that there was a need to hold the meeting of December 281h. City Manager Watenpaugh confirmed that there were a number of items for consideration at that meeting including the Public Safety Advisory Commission. 37. Reorganization of City Council. (F:44.1) Mayor Buckley noted the process for selection of a new Mayor. Mayor Buckley nominated Councilman Hickman for Mayor Councilman Hickman declined the nomination. Councilman Hickman nominated Councilman Magee for Mayor. Mayor Buckley seconded the nomination. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY — UNANIMOUS VOTE TO CLOSE THE NOMINATIONS FOR MAYOR. COUNCILMAN MAGEE WAS SELECTED AS MAYOR BY THE FOLLOWING ROLL CALL VOTE: COUNCILMAN HICKMAN VOTED FOR COUNCILMAN MAGEE. COUNCILWOMAN KELLEY VOTED FOR COUNCILMAN MAGEE. COUNCILMAN MAGEE VOTED FOR COUNCILMAN MAGEE. COUNCILMAN SCHIFFNER VOTED FOR COUNCILMAN MAGEE. MAYOR BUCKLEY VOTED FOR COUNCILMAN MAGEE. COUNCILMAN MAGEE ACCEPTED THE SEAT OF MAYOR. Mayor Pro Tem Kelley recognized Mayor Buckley for his year of service as Mayor; and stressed the huge responsibility of this role. She indicated that he had done a good job over the past year and commended his commitment "' Page Thirty -Five — City Council Minutes — December 14, 2004 and effort. She presented him with a gavel plaque commemorating his service. City Manager Watenpaugh noted that there would be cake and punch following the meeting. Mayor Magee noted the process for selection of Mayor Pro Tem. Mayor Magee nominated Councilman Schiffner for Mayor Pro Tem. Councilwoman Kelley seconded the nomination. Councilman Hickman nominated Councilman Buckley for Mayor Pro Tem. Councilman Buckley declined the nomination. MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CLOSE NOMINATIONS AND DECLARE COUNCILMAN SCHIFFNER, MAYOR PRO TEM. ITEMS PULLED FROM THE CONSENT CALENDAR 8. Acceptance of $3 million Boat Launch Facility Grant. (F:84.1)(X:114.13) Dan Uhlry addressed this item noting there were some very definitive recommendations on the item. He indicated that his primary concern was the safety hazard of the boat launch area. He stressed the need to correct the hazard first. He noted that two alternatives were below the projected cost, the third was right on and the fourth was over, but not by a lot. He indicated that it was all a question of excavation and fill dirt. He suggested accepting the grant to get the project rolling; and bringing it back to the Public Safety Advisory Commission to look at criteria and appropriate alternatives. He suggested a combination of alternatives 2 and 3. MOVED BY BUCKLEY, SECONDED BY KELLEY TO ACCEPT THE $3 MILLION GRANT AWARD AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE STATE OF CALIFORNIA'S DEPARTMENT OF BOATING AND WATERWAYS AND SEND THE Page Thirty -Six — City Council Minutes — December 14, 2004 MATTER TO THE PUBLIC SAFETY ADVISORY COMMISSION. Mayor Pro Tem Schiffner commented that this item was for consideration of accepting the money and it would come back for further direction. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:10 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 8:19 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS — 3 MINUTES Edith Stafford, 29700 Hursh, congratulated Mayor Magee on his selection. She '- indicated that she had nothing to speak on until the Stadium was discussed. She suggested putting the Stadium up for sale for $20 million; and in the meantime, hire a promoter to promote functions. She suggested that a lot of money could be made if promotions were done in an appropriate manner. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Thanked the E.V. Cap and Unity in the Community for the donation to the Community Center. 2) Congratulated the new Mayor and Officers. CITY ATTORNEY COMMENTS No Comments. Page Thirty -Seven — City Council Minutes — December 14, 2004 COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber congratulated Mayor Magee. CITY COUNCIL COMMENTS Mayor Pro Tem Schiffner commented on the following: 1) Congratulated Mayor Magee. 2) Commented that he opposed an action tonight, on losing the City Manager. He indicated that he voted for the package for his retirement, as he had earned it, if he would not continue to be here. Councilman Hickman commented on the following: 1) Offered kudos to Mayor Magee. 2) Thanked the Elks Club for Christmas Tree Lane, and noted that it earned over $15,000 for scholarships. 3) Thanked Elsinore First Assembly for their play. 4) Thanked the community for the donations for the kids, as well as the Hewisons and HOPE. 5) Thanked Calvary Chapel for the pre- Christmas Dinner. 6) Thanked Councilman Buckley for his study session with area ministers and indicated it was an excellent start. Page Thirty -Eight — City Council Minutes — December 14, 2004 7) Thanked KB Homes for their donation for furniture to the Historical Society. 8) Noted that there was still time to sponsor a family for Christmas and suggested interested parties call Beverly at HOPE. 9) Wished everyone Happy Holidays. Councilwoman Kelley commented on the following: 1) Congratulated Mayor Magee, and wished him luck. 2) Addressed City Manager Watenpaugh and indicated that it had been a pleasure to work with him for the last eight years, and noted his professionalism. She commented that it had always been a pleasure to serve with him, and noted that there would be a loss of a large knowledge base. She indicated that his leadership had brought the City a long way. She also noted that she would miss his friendship and was sorry to see him go. Councilman Buckley commented on the following: 1) Thanked everyone for attending the social service volunteer meeting. 2) Thanked Little League for his jacket. 3) Reminded the community that they could apply for the Planning Commission until Friday. 4) Thanked everyone for the opportunity to serve as Mayor. He noted that it had been tough and fun, and a great many hours. He indicated that there was open debate, open access and open minds. He reiterated his thanks for the honor of being Mayor. Page Thirty -Nine — City Council Minutes — December 14, 2004 Mayor Magee commented on the following: 1) Announced the Tiny Tot Program on December 17th at the Cultural Center; and the December 19th Gift Expo at the Diamond Stadium. 2) Commented on City Manager Watenpaugh, indicating that he respects and supports the decision. He commented that it had been a pleasure to work with him and he looked forward to the transition. 3) Noted the December 16th Study Session at 4:30 p.m. regarding the Animal Shelter Study Session. 4) Thanked his colleagues for his selection as Mayor and noted the awesome responsibility. He indicated that he was humbled, flattered and honored by the selection. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:28 P.M. ���E n CITY OF A EST: VICKI KAS D, CMC CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE GEE, MAYOR ELSINORE MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, DECEMBER 28, 2004 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Magee at 5:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Development Director Brady, Community Services Director Sapp, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. CLOSED SESSION a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8) (17:40.1)(X:114.13) Property: Lake Elsinore Campground and Day Use Facility Negotiating Parties: City of Lake Elsinore and Destination Resorts, LLC, a California limited liability company. Under Negotiation: price and terms of payment Page Two — City Council Minutes — December 28, 2004 b. PUBLIC EMPLOYEE PERFORMANCE EVALUATION - City Clerk (Government Code Section 5495 7) (17:40.1)(X:42.1) City Attorney Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 5:01 p.m. The Closed Session discussion was completed at 6:10 p.m. RECONVENE IN PUBLIC SESSION Mayor Magee reconvened the Regular City Council Meeting in Public Session at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Planning Commission Chairman LaPere. INVOCATION - MOMENT OF SILENT PRAYER Mayor Magee led the meeting in a moment of silent prayer. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Pressey, Community Page Three — City Council Minutes — December 28, 2004 Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Lake & Aquatic Resources Director Kilroy, Engineering Manager Seumalo, Finance Manager Magee, Information /Communications Manager Dennis, Parks & Open Space Manager Fazzio, Planning Manager Villa, Police Chief Fetherolf, Public Works Manager Payne, Recreation & Tourism Manager Fazzio, City Treasurer Weber and City Clerk/Human Resources Director Kasad. PRESENTATIONS /CEREMONIALS Mayor Magee commented that he was grateful and honored to be serving as Mayor, but reminded everyone that City Council Meetings were the place for City business, not personal business. He requested that decorum and professionalism be exercised by all. A. Presentation - Eagle Scout Joshua DePalmer. (F:56.1) Mayor Magee called Joshua DePalmer forward for Presentation, noting that while the newspaper and media portray young people as troublemakers and problems, there are strong representatives such as Mr. DePalmer. He read and presented the Proclamation. Mr. DePalmer thanked the Mayor and City Council for this recognition and thanked those who assisted him in attaining this designation. B. Proclamation - Donna Lucas. (F:122.1) Mayor Magee called Donna Lucas forward for Presentation, noting her commitment to the community. He read and presented the Proclamation. Ms. Lucas thanked the Mayor and City Council for this recognition and commented that she loves being part of Lake Elsinore. CLOSED SESSION REPORT City Attorney Leibold reported that the City Council met in Closed Session, for Page Four — City Council Minutes — December 28, 2004 discussion of the items as listed on the agenda, with no reportable action. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 1 MINUTE George Alongi indicated that he was present regarding the Stadium and the potential selling of it. He advised that he agrees with Councilman Hickman that the City paid a tremendous amount of money for it and the services have not been returned to the community. He suggested that with the big boxes coming to town, there was an opportunity to do so. He encouraged the Council to keep the Stadium and not sell it. He stressed that this was the time to do what was right. Frank Kaimer, 18281 Gaffey Drive, noted that he left the Council messages in the middle of the night. He indicated that he lives within 300 to 400 feet of the Costco site, and can not sleep. He commented that he did not know where it went wrong or what the limits were, but he had tried to work it out reasonably to no avail. He indicated that he has a local trucking business, but can't drive after not _ sleeping. He questioned what he was to do, and stressed the impacts on his business. Mayor Magee suggested that he meet with Community Development Director Brady to discuss the conditions on the project; or contact himself after the meeting or by phone tomorrow. Howard Steinbacher,28925 Red Gum, noted that this was the second time he was here on the Costco site. He commented that staff was going to insist that back up alarms would be changed to strobes, but indicated that the noises were now worse, and it sounded like army maneuvers. He indicated that his point was that if the Council lived there and were awakened as he was, they would not like it. He questioned why he was being subject to the noise. He commented that he was hoping the strobes would be the solution; and noted that he guessed one would have to be there to understand the concerns. Mayor Magee also referred Mr. Steinbacher to Mr. Brady or himself to discuss the concerns. Wesley Kaimer, 18281 Gaffey Drive, noted that his neighbor came to the last meeting and was promised strobe lights. He indicated that his bedroom window is near the construction and stressed the level of noise. He commented that they had _ Page Five — City Council Minutes — December 28, 2004 been contacting Councilman Buckley and nothing had been done. He indicated that he was trying to sleep and go to school in the morning, but the noise was having an impact on his sleep and his ability to study. Mayor Magee made him the same offer for discussion with Mr. Brady or himself. PUBLIC COMMENTS - AGENDIZED ITEMS - 3 MINUTES Requests were received to address the following items and deferred to those discussions: Item Nos. 36, 37 and 38. CONSENT CALENDAR MOVED BY BUCKLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: A. Special City Council Meeting - November 3, 2004. B. Regular City Council Meeting - November 23, 2004. C. Joint City Council/Redevelopment Agency Study Session - November 23, 2004. (F:44.4) 2. Adopted Resolution of Intention to Establish Community Facilities District No. 2004 -3 (Rosetta Canyon) and Incur Bonded Indebtedness - Resolution Nos. 2004 -76 and 2004 -77. (17:22.3) RESOLUTION NO. 2004-76 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO INCUR BONDED INDEBTEDNESS IN THE AMOUNT NOT EXCEED $23,000,000 AND $2890009000 Page Six — City Council Minutes — December 28, 2004 WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2, RESPECTIVELY, OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004- 3 (ROSETTA CANYON). RESOLUTION NO. 2004-77 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE TO ESTABLISH CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT NO. 2004-3 (ROSETTA CANYON) AND DESIGNATING IMPROVEMENT AREAS WITHIN SAID COMMUNITY FACILITIES DISTRICT. 3. Adopted Resolution Initiating Proceedings and Approving the Engineer's Report for the Annexation of Certain Territory known as Tracts 25476, 25477, 25478 and 25479 into the City of Lake Elsinore Landscape and Street Lighting District No. 1, as LLMD Annexation No. 4, Declaring the City's Intention to Order the Annexation and to Levy and Collect Assessments, determining that these Proceedings shall be taken pursuant to the Landscaping and Lighting Act of 1972 and the Right to Vote on Taxes Act, and Offering a Time and Place for Hearing Objections thereto. Resolution No. 2004 -78. (F:22.2) RESOLUTION NO. 2004-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACTS 25476, 254779 25478 AND 25479 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 19 AS ANNEXATION NO.4 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 19 DECLARING THE CITY'S Page Seven — City Council Minutes — December 28, 2004 INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO. PUBLIC HEARINGS 21. Annual Adjustment of Transportation Uniform Mitigation Fee (TUMF) Ordinance No. 1136. (F: 140.1)(X:162.1) Mayor Magee opened the public hearing at 7:15 p.m. Community Development Director Brady provided a brief background on the fee which is placed on new development, based on the trips associated with various types of uses. He explained that it was originally adopted in 2003, with the identical fees in the surrounding communities to reduce the impact of competition between communities. He indicated that it was used for widening freeways and arterial roads, and could also be used for freeway interchanges. He advised that the proposed fee adjustment was 8.8 %, across all categories of development. He indicated that the ordinance would need to be adopted by the Council, and noted that it was being considered by all of the other cities in the program. Mayor Magee asked those persons interested in this item to speak. No members of the public spoke. Councilman Buckley inquired if Ruthanne Taylor from WRCOG would like to give a background on the increase and future increases. Ms. Taylor noted that the program had been in place for about 18 months, and when it was adopted the program was the largest program in the United States. She further noted that the Board had directed staff to do a comprehensive review in two years; and indicated that they were preparing for that review process. Page Eight — City Council Minutes — December 28, 2004 She indicated that one of the issues regarding the TUMF adjustment was the potential for an automatic escalator, but the decision was made that it should be looked at periodically. She commented that the cost of building infrastructure was increasing significantly, but they had tried to normalize the costs and keep the program whole. Mayor Pro Tem Schiffner inquired if there was any legal obligation to make this adjustment. Ms. Taylor deferred to the City Attorney. City Attorney Leibold indicated that the program as adopted committed the City to participate in the program and carry out the adjustments recommended by WRCOG She clarified that there was some obligation to keep pace with the WRCOG recommendations, and the alternative was to back out of the program. City Treasurer Weber questioned how much money the City put into the program last year. Ms. Taylor indicated that it was about $1.4 million. ... City Treasurer Weber inquired how much was spent. Ms. Taylor indicated that there was about $20,300,000 allocated for this zone, in addition to the money RCTC had awarded for Railroad Canyon. Mayor Magee noted that it was about $13.5 million. City Treasurer Weber inquired how much the City got last year. Ms. Taylor indicated that no dollars had been received yet. She explained that zone committee members met to develop the , program and did a five year program and it went in December for adoption. She indicated that the City would immediately start seeing dollars come back to the community, when the contracts are entered. Councilwoman Kelley commented that she was a reluctant participant in the beginning, because the improvements initially proposed for the area were very few in comparison to other areas, but she went along with it. She noted that this year's increase was 8.8% and in 2006, the retail fee would be $8.51 per square foot. She suggested a possible scenario for a small business of about $17,000, and expressed concern with the toll it would take on small business owners. She indicated that she would be voting no on this item. _, Page Nine — City Council Minutes — December 9, 2004 Councilman Buckley noted the dollars spent last year, and suggested that if it was stable over the next five years it would generate $8 million, and the City would see $33 million coming back. Ms. Taylor noted that they were having Dr. Husing doing a second study on non - residential and how it would impact competitiveness. She indicated that his main concern with the TUMF was in the office section. Mayor Pro Tern Schiffner noted that the increase in retail - commercial was not only the 8.8 %, but a pre - determined phasing in of the fees. Ms. Taylor confirmed. Councilman Hickman asked about the chance of agreeing to the increases until June, 2006, and then coming back to reconsider the issue. City Attorney Leibold indicated that was possible, but WRCOG had requested that participating members adopt the fee schedule as proposed. She indicated that she was not sure how they would respond to such a proposal for adoption. Mayor Magee suggested that Councilman Buckley provide input on that issue. Councilman Buckley indicated that WRCOG had decided that in late spring or early summer the Executive Committee would look at that issue, and discuss how often to come back for discussion of increases in the fees. He suggested if they were increased every three years it might be a little behind the curve, but the matter would be considered by WRCOG He indicated that his idea was to do the increase based on a major review every three years. Ms. Taylor noted that staff anticipated doing a comprehensive review every five years; and while the WRCOG Board does not have to adopt the proposed adjustments, staff would bring them for reviews. She noted that they were in hopes that the fees would ultimately come back down. She indicated that the Board did not want to continually have a public hearing process, every year. Councilwoman Kelley noted articles in the newspaper, noting the shortages of funds due to the waivers for the developers. She questioned when they might be coming back to the cities to make up that shortfall. Ms. Taylor indicated that they had done a revenue projection, when the Board said the Page Ten — City Council Minutes — December 28, 2004 line in the sand was June, 2003. She noted that development agreements were in place before that time, but did not necessarily signify a waiver. She indicated that staff had gone back, but had not seen any indicated after that date. She advised that they had done a review of the conditions that would offset the shortfall such as major infrastructure improvements in place of the TUMF. She explained that they were looking at the existing agreements to determine how much infrastructure will be provided to help close the gap. She noted that the program started with a gap. Councilwoman Kelley suggested that at some point in time, it would not be feasible to fill the gap. City Attorney Leibold noted that WRCOG anticipates a periodic review, and suggested that the Council could concede to increases to 2006, which would be compliant; then in 2006, they could either adopt the fee or opt out of the program, and not be out of compliance until that time. Councilman Hickman noted that retail commercial fees continue to increase avow through 2006, and expressed concern with the figures. He suggested that it looked like it would be putting retail development out of business. Ms. Taylor noted that the original fee structure was proposed by the commercial industry, and indicated that they had not heard anything to the contrary. She noted that this fee schedule had been out on the street for a long time and no one had said that it was unattainable. Mayor Pro Tern Schiffner noted that in general he doesn't necessarily approve of the costs being imposed on the businesses or builders, but the purpose was to provide infrastructure and take care of the load on the highway system imposed by the construction. He commented that all of the WRCOG cities bought into the program, and he had to support the program due to the stated purpose of providing the infrastructure. He stressed that this was the way the roads were paid for. City Treasurer Weber questioned how much was collected for the TUMF. Ms. Taylor indicated that $98.2 million was collected, but clarified that the money was divided into a couple of pots. She explained that RCTC _. Page Eleven — City Council Minutes — December 28, 2004 received 48% of the money, which they had spent fairly quickly. She indicated that WRCOG had allocated the dollars through the five year program and the programs would be seen in the next 12 months. Councilman Buckley noted that none of the commercial business people had attended the WRCOG meetings, and reiterated that it was their idea to phase the fees in over three years. He suggested that how it was assessed in the future was that it would be done regularly through the end of the program. He noted that the $98 million was ahead of the projections. Ms. Taylor confirmed that the $98 million was way ahead of the projections for the first 18 months. Councilman Buckley commented that the 8.8% increase was from the national construction cost figures. Mayor Magee closed the public hearing at 7:40 p.m. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1136, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1136 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, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: KELLEY ABSENT: COUNCILMEMBERS: NONE Page Twelve — City Council Minutes — December 28, 2004 ABSTAIN: COUNCILMEMBERS: NONE BUSINESS ITEMS 31. Second Readiniz - Ordinance No. 1134 - Annexation No. 71 (Luster/Merritt). (F:20.3) City Manager Watenpaugh noted that this Annexation was located near the Rosetta Canyon Development. MOVED BY KELLEY, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1134, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1134 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE (PRE - ZONE) NO. 2004-04 CHANGING THE ZONING DESIGNATION OF THE PARCELS SPECIFICALLY DESCRIBED AS APN (S) 349 -400- 005, 349 - 430 -011 & 012 AND A PORTION OF 349 - 430 -006 TO R -1 SINGLE FAMILY RESIDENTIAL DISTRICT UNDER THE ZONING ORDINANCE SUBJECT TO COMPLETION OF ANNEXATION NO. 71. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Page Thirteen — City Council Minutes - December 28, 2004 ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading - Ordinance No. 1135 - Amending Chapter 8.32 of the LEMC regarding Weed and Rubbish Abatement. (F:166.1) City Manager Watenpaugh noted the need for a correction to the ordinance regarding lot sizes. City Attorney Leibold indicated that the reference had been deleted. MOVED BY KELLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1135, UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1135 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE REGARDING WEED AND RUBBISH ABATEMENT. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Term of Office for Public Safety Advisory Commissioners - Ordinance No. 1137. (F:59.6) Page Fourteen — City Council Minutes — December 28, 2004 City Manager Watenpaugh noted that based on a review of the Ordinance and Minutes staff had picked up an error. He indicated that it was staff's understanding that the commissioners would have two year terms; but there had been discussion that the Chairmanship and Vice - Chairmanship would be one year terms. He explained that in codifying the actions, the term of office was shown as ending in December, 2004, so staff had corrected it to have the Chair and Vice -Chair run through December, but the terms would be complete in June, 2005. MOVED BY SCHIFFNER, SECONDED BY BUCKLEY TO ADOPT ORDINANCE NO. 1137, UPON FIRST READING BY TITLE ONLY: ORDINANCE NO. 1137 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CORRECTING CERTAIN PROVISIONS OF SECTION 2.46 OF THE LAKE ELSINORE MUNICIPAL CODE RELATING TO THE PUBLIC SAFETY ADVISORY COMMISSION. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Annual Financial Reports. (F:24.1)(X:30.1) Administrative Services Director Pressey noted that this package included a Page Fifteen — City Council Minutes — December 28, 2004 variety of reports, the most significant being the Comprehensive Annual Financial Report. He indicated that a representative of the Auditors was present at this meeting to comment on the report. He highlighted the report, noting that the biggest item was the City's bottom line being the Total Net Assets of $33,840,021. He noted that in addition, the change in assets was an increase of $2.4 million, due to increases in general revenues. He advised that the general fund unallocated fund balance was $5.1 million and there was a net decrease of $1.7 million to the debt service, with $2.9 million being paid during the year. He advised that in the general fund, there was a shortfall of revenues and expenditures of about $900,000, which was partly anticipated, but the expenditures were about $1 million under budget. He indicated that overall the City was better off than anticipated. He advised that intergovernmental revenues took away a portion, which would come back in 2006 -07. He indicated that the second largest decrease was in the area of investment earnings, and noted that staff was looking for better earnings in the future. He noted that other taxes did increase, and overall revenues were increased by $300,000. He further noted that general governmental expenditures decreased for operations of the City. He advised that Public Safety increased by $1.1 million, and there were also increases to Community Development and Capital Outlays. He noted that the unallocated revenue at mid -year last year was projected at $1.8 million, but after the audit was complete it was $2.2 million. Administrative Services Director Pressey advised that Redevelopment Project Areas 1 and 2 were doing well, but the cap in area 1 still needed to be raised. He indicated that the debt service was covered and all other activity needs were met. He advised that Project Area 3 was the troubled area and it almost broke even. He suggested that it would be in the black next year. Councilman Hickman questioned the money in the Redevelopment Agency fund. Mr. Pressey indicated that the Fund balances were on pages 2 and 3, but for the year there was a net change in assets of $2 million to the good. He advised that the current perspective was on page 7. Councilman Hickman questioned how much the Agency had to work with. Mr. Pressey indicated it was still a tricky question. He Page Sixteen —City Council Minutes — December 28, 2004 noted the factors which needed to be included before it could be calculated. Councilman Hickman indicated that he was under the assumption that the Agency had about $150,000 last year in the bank. Mr. Pressey indicated that there were funds available, but he did not have the grand total. Richard Teaman, Auditor, indicated that once again, the staff was well prepared for the audit, and this completed the second year of the GASBY 34 requirements. He noted that last year the presentation looked a little different, but this year was similar. He indicated that he would expect that the City would get the CMSFO Award in financial reporting. He noted that the City had submitted and received the award in the past. He explained that there were many different types of audits, including financial, fraud, etc.; and clarified that this was a financial statement as required by State law. He indicated that as a result of this year's audit the City had a clean or unqualified opinion on all four agencies. He noted that it was the highest level that could be rendered. He indicated that as far as the other reports on ._ internal controls, there were no findings or issues to be noted, and there were no management letter issues. City Treasurer Weber questioned the September 23, 1999, audit done by Mr. Teaman's firm for the 1995 -99 City operations; and a comment, in that report, that the City might be overextending itself. He inquired if the City was in the same situation as in 1999. Mr. Team indicated that it was not in the same situation, and clarified that the refinancings had relieved the higher interest rates. He also clarified that the funding mechanism used then was no longer taking place. He commented that as indicated by Mr. Pressey, the City's financial position was much stronger now than it was in the past. He indicated that because the City was in difficult times, they were coming up with creative ways to finance things. City Treasurer Weber questioned the interest income plan, and when it would be ready. Mr. Pressey indicated that it was his goal to have it ready by the first quarter of the new year. City Treasurer Weber questioned the potential gains. Mr. Pressey indicated that it would gain about $260,000. Page Seventeen — City Council Minutes — December 28, 2004 Mayor Magee noted that Councilman Buckley was absent for this vote. MOVED BY SCHIFFNER, SECONDED BY KELLEY AND CARRIED BY A VOTE OF 4 TO 0 WITH BUCKLEY ABSENT TO RECEIVE AND FILE THE ANNUAL FINANCIAL STATEMENTS. 35. Commercial Design Review No. 2004 -07 for Mission Trail Medical Plaza. (F:58.2) Community Development Director Brady noted the project and detailed the location, which was the last vacant parcel in the area. He noted that the proposed project was four buildings as noted on the site plan. He indicated that they would be providing adequate parking and had received the Planning Commission's recommendation for approval. Mayor Magee inquired if they had tenants lined up for the building. Community Development Director Brady indicated that they had no specific tenants at this time. Mayor Magee questioned the timing for construction. Community Development Director Brady indicated that he was not certain, but he believed they would like to get underway in light of the upcoming increases in TUMF fees. Councilman Buckley questioned the rental rates. Community Development Director Brady indicated that he was not certain. Councilman Buckley questioned the egress and if it will be right turn only. Community Development Director Brady indicated that there was an allowance for right and left turns, as the only access is from Mission Trail. He noted that there grade to the rear of the site was too extreme to allow for access. Councilman Buckley expressed concern based on the Sav -on site. MOVED BY SCHIFFNER, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE COMMERCIAL DESIGN REVIEW 2004 -07 FOR FOUR DETACHED 2 -STORY MEDICAL OFFICE BUILDINGS AT 31182 MISSION TRAIL, BASED ON THE EXHIBITS AND FINDINGS, AND SUBJECT TO THE FOLLOWING CONDITIONS Page Eighteen — City Council Minutes — December 28, 2004 OF APPROVAL. Findings 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. The proposed Commercial Design Review located within Assessor Parcel Number 363- 172 -016 complies with the goals and objectives of the General Plan, in that the approval of this medical office complex will assist in achieving the development of a well- balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses, diversifying Lake Elsinore's economic base. 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. The proposed Commercial Design Review located at Assessor Parcel Number 363- 172 -016 is appropriate to the site and surrounding developments in that the medical office complex known as the "Mission Trail Medical Plaza" has been designed in consideration of the size and shape of the property, thereby creating interest and varying vistas as a person moves along the street. Further the project as proposed will complement the quality of existing development and will create a visually pleasing, non- detractive relationship between the proposed and existing projects in that the architectural design, color and materials and site design proposed evidence a concern for quality and originality. 3. Subject to the attached Conditions of Approval, the proposed project is not anticipated to result in any significant adverse environmental impacts. Pursuant to the California Environmental Quality Act (CEQA), the proposed Commercial Design Review located at Assessor Parcel Number 363- 172 -016, as reviewed and conditioned by all applicable City Divisions and Departments and Agencies, will not have a significant effect on the environment pursuant to attached Conditions of Approval. 4. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to ensure development of the property in accordance with the objectives of Chapter 17.82. Pursuant to Section 17.82.070 (Action of the Planning Commission) of the Lake Elsinore Municipal Code (LEMC), the proposed Commercial Design Review located at Assessor Parcel Number 363- 172- 016has been scheduled for consideration and approval of the Planning Commission. CONDITIONS OF APPROVAL Page Nineteen — City Council Minutes — December 28, 2004 GENERAL The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Official, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Official, Officers, Employees, or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the subject project known as Best Western Hotel located at 363 - 172 -016, which action is bought within the time period provided for in California Government Code Sections 65009 and /or 66499.37, and Public Resources Code Section 21167. The City will promptly notify the applicant of any such claim, action, or proceeding against the City and will cooperate fully with the defense. If the City fails to promptly notify the applicant of any such claim, or proceeding, the Applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City. 2. The Design Review approval located at Assessor Parcel No. 363 -172 -016 shall lapse and become void one (1) year following the date on which the Design Review became effective, unless prior to the expiration of one year a building permit related to the Design Review is issued and construction commenced and diligently pursued toward completion. The Design Review granted herein shall run with the land for this one (1) year period and shall continue to be valid upon a change of ownership of the site. 3. Prior to the certificate of occupancy of the first building, the entire site parking lot, entry driveways, perimeter and internal landscaping shall be completed as indicated on the approved plans attached hereto. 4. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 5. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 6. Any alteration or expansion of this Design Review approval shall be reviewed according to the provisions of Chapter 17.82 (Design Review) of the Lake Elsinore Municipal Code. 7. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any material covering the roof equipment shall match the primary wall color. 8. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. Page Twenty — City Council Minutes — December 28, 2004 9. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or Designee. 11. No exterior roof ladders shall be permitted. 12. All downspouts shall be concealed or architecturally screened and painted to match the exterior color of the building. 13. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond in the amount of $1,000.00 to be processed through the Planning Division. 14. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. 15. On -site surface drainage shall not cross sidewalks. 16. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 17. All exposed slopes in excess of three feet (3') in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. PRIOR TO BUILDING /GRADING PERMITS 18. Prior to the issuance of a Grading Permit the applicant shall pay the applicable Multiple Species Habitat Conservation Plan (MSHCP) fee recently adopted by the City of Lake Elsinore. The fee shall be calculated as "Commercial- $5,620.00 per acre ". (1.81 acres x $5,620.00 = $10,172.22) 19. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 20. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. Page Twenty -One — City Council Minutes — December 28, 2004 b) Applicant shall plant street trees selected from the City's Street Tree List, maximum of forty feet (40') apart and at least twenty- four -inch (24 ") box in size. C) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. d) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty-six inches (36 "). e) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. 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. 21. 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. 22. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. Page Twenty -Two — City Council Minutes — December 28, 2004 23. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 24. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING 25. The applicant shall dedicate right -of -way such that the centerline of Casino Drive measures fifty feet (50') from the project property line prior to the issuance of building permit. 26. All set -backs measured from Casino Drive shall be required from the proposed property line located 50 -feet from the centerline of Casino Drive. 27. Improvements to Casino Drive shall be made consistent with the interim width. Cash -in -lieu of construction shall be required for the balance of the right -of -way improvements including the pavement between existing and ultimate roadway width. 28. Access from the parking lot to Casino Drive shall not be allowed. 29. Project signage and landscaping shall be required to preserve sight distance for traffic access to the site. 30. Show cross sections of the boundary conditions on the grading plans. One cross section for each side of the project. 31. All on site drainage shall be conveyed to public right -of -way 32. The applicant shall provide a minimum of forty (40) feet at the entrance where the area is free of parking, turning and drive aisle conflicts. 33. All signage and landscaping shall be placed so as not to interfere with driver's site distance. 34. 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. 35. Underground water rights shall be dedicated to the City pursuant to the provisions of Section 16.52.030 (LEMC) and be consistent with the City's agreement with the Elsinore Valley Municipal Water District. 36. All street improvements, including traffic signals, shall be installed and functioning prior to certificate of occupancy. Page Twenty -Three — City Council Minutes — December 28, 2004 37. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85 -26), mitigation fees, area drainage fee, traffic impact fee (TIF), encroachment permit fees and inspection fees associated with the project and its development. 38. The 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 final map approval. 39. The applicant shall 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). 40. Street improvement plans and specifications shall be prepared by a California Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 41. The 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. 42. 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. 43. The applicant shall install two (2) permanent bench marks to Riverside County Standards and at a location to be determined by City Engineer. 44. The applicant shall obtain all necessary off -site easements for off -site grading or construction from the adjacent property owners prior to final map approval. 45. 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. 46. The applicant shall provide fire protection facilities as required in writing by the Riverside County Fire Department. 47. The applicant shall provide street lighting and show lighting improvements as part of street improvement plans as required by the City Engineer. 48. The applicant shall install blue reflective pavement markers in the street at all fire hydrant locations. 49. The 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 Page Twenty -Four — City Council Minutes — December 28, 2004 final inspection of public improvements. This includes No Parking and Street Sweeping Signs for streets within the development. 50. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or disks which are compatible with City's ARC Info /GIS or developer to pay $300 per sheet for City digitizing. 51. All utilities except electrical over 12 kv shall be placed underground, as approved by the serving utility. 52. The applicant shall apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a California Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 53. The applicant shall provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 54. An Alquis - Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on -site. 55. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 56. Prior to commencement of grading operations, applicant to provide to the City with a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 57. The applicant shall provide to the City a photographic baseline record of the condition of all proposed public City haul roads. In the event of damage to such roads, applicant shall pay full cost of restoring public roads to the baseline condition. A bond may be required to ensure payment of damages to the public right-of-way, subject to the approval of the City Engineer. 58. 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. 59. 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 ". Page Twenty -Five — City Council Minutes — December 28, 2004 60. 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. 61. The applicant shall meet all requirements of LEMC 15.64 regarding flood hazard regulations. 62. The applicant shall meet all requirements of LEMC 15.68 regarding flood plain management. 63. The applicant shall submit Hydrology and Hydraulic Reports for review and approval by City Engineer prior to approval of the building permit. Developer shall mitigate any flooding and /or erosion caused by development of site and diversion of drainage. 64. All drainage facilities in this site shall be constructed to Riverside County Flood Control District Standards. 65. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 66. 10 -year storm runoff should be contained within the curb and the 100 -year storm runoff should be contained with the street right -of -way. When either of these criteria is exceeded, drainage facilities should be installed. 67. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed storm water run -off on private property. 68. The applicant shall be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 69. The 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. 70. 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 storm water quality and meet the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 71. The applicant shall provide first flush BMP's using the best available technology that will reduce storm water pollutants from parking areas and driveways. 72. 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 Page Twenty -Six — City Council Minutes — December 28, 2004 can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 73. All parcels shall have direct access to public right -of -way or be provided with a minimum 30 ft ingress and egress easement to public right -of -way by through map recordation or separate instrument. 74. Existing access easements over property must be addressed to the satisfaction of the easement owners prior to issuance of building permit. 75. In accordance with the City's Franchise Agreement for waste disposal and recycling, the applicant shall be required to contract with CR &R, Inc., for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. ADMINISTRATIVE SERVICES DEPARTMENT 76. Prior to the issuance of the first building permit, the applicant shall annex into the Lighting, and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right -of -way landscaped areas to be maintained by the City and for street lights in the Now public right -of -way for which the City will pay for electricity and a maintenance fee to Southern California Edison. RIVERSIDE COUNTY FIRE DEPARTMENT 77. The applicant shall comply with all Comments and /or Conditions of Approval from Riverside County Fire Department. COMMUNITY SER VICES DEPARTMENT 78. The applicant shall pay park fees of $0.10 per square foot of interior space. 79. The applicant shall comply with City Ordinance 8.16.010 for the removal of all construction debris. Developer shall utilize CR &R for all recycling. 80. All drainage and/or flood control facilities to be maintained by developer. 81. The City Landscape Architect shall review all landscape plans. 82. All landscaping shall be maintained by the applicant. 36. Infrastructure Reimbursement Agreement - Lake Chevrolet. (F:68.1) Page Twenty -Seven — City Council Minutes — December 28, 2004 City Manager Watenpaugh explained that this was a request from Bob Gregory for expansion of his developments in the City and reimbursement for the public infrastructure. He noted the past agreement for reimbursement and indicated that in this case he was developing a new site of 9.73 acres for Lake Chevrolet and moving Pontiac, Buick and GMC into the existing site. He noted that the project would include traffic signalization, water /sewer, curbs, gutters, sidewalks, etc. He indicated that there was no final assessment engineer's report to verify the fees presented by Mr. Gregory, but suggested that the Council could approve the $2.4 million, subject to the assessment engineer's approval and review by the City Attorney. He indicated that staff did not support the payment of interest on the project. He noted that Mr. Gregory was not present for this meeting, but hoped to move forward with no delay. Councilman Buckley addressed page 7 of 29, section 4.02, item b, and indicated that the deal should be 50 -50. He commented that with the Chevy and Ford dealerships the reimbursements were paid back early, however since the exact costs were not known and the applicant was not present; he suggested that the item be tabled. City Manager Watenpaugh commented that he might not be present due to the inclement weather. Councilman Hickman addressed item C and suggested elimination of "in excess of $25,000 ". City Attorney Leibold clarified that what was contemplated was that the City would received 100% up to $12,500, which equates to 50% of the first $25,000. She indicated that any sales tax over that would be split 50 -50. She explained that this would give the City the advantage of the first sales taxes. George Alongi commented that this developer came to the City in 1993 -94 and they were going to do a 10 acre development, so the City gave them $300,000 for off -site improvements. He noted that they then sold off a portion to Ford. He suggested that they had been given an opportunity to do business in the community and should now do it on their own. He suggested using sales tax dollars to put services back into the community. Page Twenty -Eight — City Council Minutes — December 28, 2004 He commented on mistakes with the theater and Walmart and stressed that it was time for businesses to do it on their own. He noted a business on Main Street that was built without asking for assistance, and stressed that assistance such as this would not be provided for small businesses, but big businesses get everything. MOVED BY SCHIFFNER, SECONDED BY KELLEY TO APPROVE THE PROPOSED INFRASTRUCTURE REIMBURSEMENT AGREEMENT IN THE AMOUNT OF $1.2 SUBJECT TO VERIFICATION OF COSTS BY THE ASSESSMENT ENGINEER, NOT INCLUDING INTEREST AND SUBJECT TO APPROVAL OF FORM BY CITY ATTORNEY. MOVED BY BUCKLEY, SECONDED BY HICKMAN A SUBSTITUTE MOTION TO APPROVE THE PROPOSED INFRASTRUCTURE REIMBURSEMENT AGREEMENT IN THE AMOUNT OF $9009000 SUBJECT TO VERIFICATION OF COSTS BY THE ASSESSMENT ENGINEER, NOT INCLUDING INTEREST AND SUBJECT TO APPROVAL OF FORM BY CITY ATTORNEY. Mayor Magee questioned the difference in numbers. City Manager Watenpaugh indicated that the smaller number did not include the additional item forwarded to the Engineer. He explained that the total number came in at four different times and were forwarded to the Engineer. He noted that he had requested $1.2 million, but those numbers had not been reviewed. He commented that he believed if the full approval was not granted, Mr. Gregory would be coming back to the Council. Councilwoman Kelley clarified that the motion by Mayor Pro Tem Schiffner was subject to the assessment engineer's final figures, so if it was less, the motion would cover the same thing as the motion by Councilman Buckley. City Manager Watenpaugh recommended verifying the costs with the Engineer and if they meet the requirements they would be covered. He clarified that cost that did not meet the requirements would be dropped. Page Twenty -Nine — City Council Minutes — December 28, 2004 Councilman Hickman inquired if the infrastructure as proposed was different from the first time. City Manager Watenpaugh indicated that the first time it covered all of the public infrastructure, dry utilities and drainage which fell under the legal requirements. Mayor Pro Tem Schiffner noted that on the previous developments the reimbursements were paid in less than three years. City Manager Watenpaugh confirmed and noted that there were less improvements the last time, but after the three years, the City received all of the sales taxes. Councilman Buckley noted that his motion was for $900,000 with no interest. City Attorney Leibold questioned the provisions of section 4.2. Councilman Buckley indicated that he would prefer a straight 50 -50 arrangement, but it could remain as it was. THE SUBSTITUTE MOTION FAILED BY A VOTE OF 2 TO 3 WITH MEMBERS KELLEY, SCHIFFNER AND MAGEE CASTING THE DISSENTING VOTES. THE ORIGINAL MOTION CARRIED BY A VOTE OF 3 TO 2 WITH MEMBERS BUCKLEY AND HICKMAN CASTING THE DISSENTING VOTES. 37. Southwest Communities Joint Powers AuthorityAgreement - Animal Friends of the Valley. (F: 68.1)(X:18.3) Community Development Director Sapp explained that this item was based on a four year discussion to fund a new animal shelter. He indicated that a Joint Powers Agreement had been developed and through the creation of the authority, they could issue bonds for construction of a shelter. He suggested approving the agreement and appointing a member of the Council to participate in the JPA. He noted the size and cost of the proposed facility and explained that the City would also continue in its existing agreement for animal control services and have to enter an agreement for sheltering of Page Thirty — City Council Minutes — December 28, 2004 animals. He commented that during the study session the Council requested options, and staff was working on options for presentation to Council prior to issuance of bonds. Carl Armbrust, 29876 Big Range Road, Member of the Canyon Lake City Council, indicated that he was present to recommend an affirmative vote on this item. He indicated that he felt it was beneficial for both communities. He noted that he also served on the board of LESJWA and he would like to see the cities of Canyon Lake and Lake Elsinore maintain a close working relationship on items of mutual interest. Mayor Magee noted that there was a study session on December 16t` with considerable debate and discussion, with the biggest discussion being how to pay for it. City Treasurer Weber questioned page 30 of 34, noting that of the five cities, Lake Elsinore would be paying 28 %, and Temecula would be paying half as much, with twice the population. He further noted that the City would also be paying fees. He suggested that the facility should be paid for by the number of persons, rather than the number of animals. He suggested the debt to Lake Elsinore should only be $250,000 a year, with Temecula and Murrieta paying more. He questioned the reasoning. Kris Anderson, representing Animal Friends of the Valley, indicated the numbers being discussed were based on the percentage of animals coming into the shelter and the housing space needed for each City and the County. She advised that other proposals for the JPA would be some deviation from past discussions. Mayor Magee noted that the recommendation was to join the JPA, with no alternative. He commented that Council had discussed the potential for joining without first determining how to pay for it and giving the representative direction to come back and report before any indebtedness is incurred. He noted that in the meantime, staff would come back with -•- Page Thirty -One — City Council Minutes — December 28, 2004 options. Mayor Pro Tem Schiffner noted that the only decision for this meeting was to form the JPA, while everyone realizes there are serious questions on the costs. He indicated that he fully expected that the information would be provided and if the City is not satisfied, it will drop out. Councilman Hickman noted that he had a math background and expressed concern with the cost of $31 per animal going to $175 per animal. He indicated that he was willing to join the JPA, if Tom Buckley was the representative, so he could stay close to Supervisor Buster. He noted that no one has evaluated the drawings yet. He commented that his feeling was that the City should join, but get out if the figures don't work out. Councilman Buckley commented that providing animal services was required by State law, but noted that it was a lot of money. He indicated that he had considered implementing an Animal Rescue Fee for the Capital side of the services. He noted that as Mayor he pointed out the need to see other options. He contrasted the cost for the City to provide the services, vs. joining the County which might cost less, but be less convenient. MOVED BY BUCKLEY, SECONDED BY SCHIFFNER TO JOIN THE JPA AND AUTHORIZE THE MAYOR TO APPOINT A REPRESENTATIVE TO SIT ON THE JPA BOARD. Councilwoman Kelley commented that there was no doubt that there was a need for a shelter, but she was concerned with providing it to the exclusion of public services, public safety and public works. She noted the ultimate cost of the bonds and suggested that the Council's representative go to the JPA and make sure the Council's concerns are expressed, including the current construction costs of the facility, particularly since the plans are over a year old. She suggested that there should also be some effort made to look at phasing in of the building, so everything doesn't have to be done up front. She indicated that she heard from the City's financial person that Page Thirty -Two — City Council Minutes — December 28, 2004 the City could possibly handle this obligation four years down the road. She indicated that she also heard that it would be critical at this point and hurt public services. She indicated that other resources for the funds should be investigated to offset the costs, and the JPA should look at downsizing the facility. She stressed that these were all concerns that should be carried to the JPA for discussion. She commented that Murrieta and Temecula had joined the JPA with the same reservations, so it should be possible to come up with something more reasonable. Councilman Hickman suggested adding to the motion that Councilman Buckley be the representative and Mayor Pro Tern Schiffner be the alternate. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 38. Interim/Replacement City Manager. (17:46.1)(X:68.1) City Manager Watenpaugh noted that this item was as discussed at the agenda review, with the Assistant City Manager being unavailable to fill the interim position. He commented that as discussed earlier, there were several options including an Interim from the League of California Cities, or appointing someone from within. He noted that the Council had suggested that Community Development Director Brady be elevated to the interim position, and suggested that could be effective January 15, 2005 subject to Council action. He commented that the selection would be supported by Council, Staff and the Community, and would be the least expensive way to move forward. He noted that in the interim the sub - committee should meet and negotiate an agreement, not to exceed six months, so the scope of work can be established, the recruiter brought on and a new City Manager located. Ron LaPere, 16867 Wells, commented that as a member of the Planning Commission, he has had the opportunity to work with Community Development Director Brady for two years. He indicated that he could not think of any other staff member that would hold the highest request for Page Thirty -Three — City Council Minutes — December 28, 2004 performance by staff. He suggested that there was no one superior for the position in his mind. Chris Hyland, 15191 Wavecrest, addressed Mayor Magee and indicated that she was stunned by his dominating manner and one -sided appointment of an in -house staff member. She noted the recommendation that Mr. Brady should apply for the permanent City Manager position and suggested that the Mayor had his own agenda and could care less what was best for the citizens or the staff. She suggested that opinion would come back to haunt him. Edith Stafford, 29700 Hursh, indicated that she would attempt to speak her Civil Rights under the Brown Act. She indicated that she was appalled at the recommendation to appoint the Community Development Director as the Interim City Manager; as he was involved with a staff member. Mayor Magee requested that she keep her comments professional in nature. Mrs. Stafford suggested that the Mayor did not care about integrity or morals or the staff. She also suggested that Mr. Brady had a temper and noted an incident with Mr. Stahovich. She questioned if this was best for the City, and indicated if he thought solving problems meant keeping issues covered up, he was wrong. She noted new stories reporting the truth and suggested that the reform the Mayor ran on, was what the citizens wanted. She suggested that he should let the truth be heard and stop worrying about embarrassing the City. She indicated that she had a right to speak on anything she disagreed with and would not accept the situation as it was. She stressed that citizens have rights and indicated that she would pursue hers. Mayor Magee noted that there were two issues to discuss, being how to search for a new City Manager, and the interim appointment of an Interim City Manager. He noted that City Manager Watenpaugh was retiring and Assistant City Manager Best was moving on to another position, and wished them well. He indicated that with respect to the search, he would like to request that staff bring a list of five or more recruitment firms for the Page Thirty -Four — City Council Minutes — December 28, 2004 western United States. He further indicated that he would encourage existing staff members to apply and suggested a committee of Councilmembers Buckley and Kelley to provide criteria for the search. He commented that for the interim position, he would like to recommend Community Development Director Brady, and ask the City Attorney's office to draft an interim employment agreement for review by the City Council, and approval at the January 11 th meeting. He noted that the last day in the office for Ms. Best and Mr. Watenpaugh would be January 14th, so Mr. Brady's contract should take effect on January 15th Councilman Buckley questioned the two separate discussions. Mayor Magee suggested the first one was easier regarding the search. Councilman Buckley commented that with regard to the search for the permanent City Manager, he was not necessarily sure it was necessary to spend the money for the recruiting firm, but it would simplify things. He suggested that it should be a very wide search with applicants from both the private and public sectors. Councilman Buckley questioned the time line. Mayor Magee requested that candidates be in front of the Council in 60 to 90 days. Councilman Buckley commented that Mrs. Stafford was out of line. He addressed the process and noted that it would be no fewer than five candidates in 60 to 90 days from the time they are authorized to proceed. Councilman Hickman questioned if the applicants would come from the business sector vs. recycling a City Manager. Councilman Buckley concurred that was an important factor and the recruiter would have to do more than advertise in Western City Magazine. He stressed that it was important to be sure that possible candidates in the private sector were not missed; and indicated that would be key in selecting the recruiting firm. Councilwoman Kelley indicated that she thought a professional recruiter was needed, as they had access to more resources. She suggested that by limiting the time frame, it would limit the choices. She indicated that the City needed to select a recruiter, get their input and see the process unfold. She suggested that limiting the time frame would not do the process justice, and stressed the need to be diligent and take time to get what was wanted. -- Page Thirty -Five — City Council Minutes — December 28, 2004 She indicated she would be more comfortable with the process having no time limits. She suggested getting a recruiter and indicated that she would be happy to serve with Councilman Buckley to come up with the parameters for a new City Manager. Councilman Buckley indicated that there had to be a time limit; as there had to be some kind of certainty that was fair to the City, staff and Mr. Brady. He suggested that six months was more than enough time, overall. He commented on the potential time frame and suggested that the Council should be interviewing in April or May. MOVED BY BUCKLEY, SECONDED BY MAGEE TO CREATE A SUBCOMMITTEE OF COUNCILMEMBERS BUCKLEY AND KELLEY TO DRAFT PARAMETERS FOR THE NEW PERMANENT CITY MANAGER AND DIRECT STAFF TO BRING FOUR OR FIVE RECRUITMENT FIRMS TO BE INTERVIEWED BY THE SUBCOMMITTEE, AFTER THAT WITHIN 60 TO 90 DAYS THE RECRUITER SHALL PRESENT THE COUNCIL WITH A SHORT LIST OF 3 TO 5 CANDIDATES FOR THE COUNCIL TO INTERVIEW. MOVED BY SCHIFFNER, SECONDED BY KELLEY A SUBSIDIARY MOTION TO APPROVE THE APPOINTMENT OF COMMUNITY DEVELOPMENT DIRECTOR BRADY TO CITY MANAGER ON A PERMANENT BASIS AND PROCEED TO NEGOTIATE A CONTRACT TO BE BROUGHT BACK FOR APPROVAL. Mayor Pro Tem Schiffner commented that Community Development Director Brady had the confidence of the majority of the Council and he would also have the confidence and respect of the staff, the business community and the development community. He suggested that this would create additional trust between the Council and staff, and there was no reason to subject him to a contest with an outsider for the position. He indicated that Mr. Brady held the institutional knowledge, was a present resident and property owner and had a personal interest in the future of the Page Thirty -Six — City Council Minutes — December 28, 2004 City. He suggested that such an appointment might be the only action that would heal the serious divisions that had taken place. He asked the Council to put aside personal agendas and think about the good of the City. Councilman Buckley addressed the substitute motion, and indicated that a search was necessary. He indicated that it was nothing personal, but if everyone was really honest, they would say they knew someone else who could do abetter job. He commented that the point was to be sure that the best possible person was found. THE FOREGOING SUBSIDIARY MOTION FAILED BY A VOTE TO 2 TO 3 WITH COUNCILMEMBERS BUCKLEY, HICKMAN AND MAGEE CASTING THE DISSENTING VOTES. THE FOREGOING ORIGINAL MOTION CARRIED BY UNANIMOUS VOTE. •— Councilman Buckley addressed the Interim position and noted that Assistant City Manager Best was leaving the City. He questioned her benefits. City Manager Watenpaugh indicated that she would be paid for any accruals on the books. Councilman Buckley indicated that to be honest he was concerned about the process in which the Council found out about the departure of Ms. Best. He also noted that in that case a Councilmember provided a reference; and suggested a policy in the future to prevent giving references. He indicated that as for Mr. Brady, for six months he would be happy to make the motion. MOVED BY BUCKLEY, SECONDED BY MAGEE TO APPOINT COMMUNITY DEVELOPMENT DIRECTOR BRADY AS INTERIM CITY MANAGER FOR A PERIOD OF SIX MONTHS. Mayor Magee noted that the motion would include the drafting of an interim agreement for the January 11 th meeting. Page Thirty -Seven — City Council Minutes — December 28, 2004 THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:58 P.M. THE REGULAR CITY COUNCIL MEETING WAS RECONVENED AT 9:02 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS - 3 MINUTES Edith Stafford, 29700 Hursh, requested that the Councilmembers read the Brown Act, noting that the Council could not say anything derogatory or call names. She clarified that a citizen could call a name or say anything pertaining to City business. She indicated that citizens had a right to speak for or against a grievance. She stressed that those were her civil rights, which could not be taken away from her. She indicated that if she had an opinion, she would pursue it; and if she disagreed with something she would speak against it. She indicated that if the Council thought it was unprofessional to speak on morals, she thought it was professional. She indicated that she likes straight forward morals and principles. She noted comments about Costco coming to town, but noted that they would be getting $9 million, while the streets were suffering. She indicated that she sees more than people think she sees. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that in regard to Mrs. Stafford's comments, Murrieta and Temecula give thousands of dollars to their development community. 2) Offered congratulations to Mr. Brady and Ms. Best on their new jobs. 3) Wished the City Council the best in the future, and noted that they had done a nice job on a tough meeting. Page Thirty -Eight — City Council Minutes — December 28, 2004 CITY ATTORNEY COMMENTS City Attorney Leibold commented on the following: 1) Expressed hopes that everyone had a Merry Christmas and Happy New Year. 2) Offered congratulations to Mr. Brady and Ms. Best. COMMITTEE REPORTS No Reports. CITY TREASURER COMMENTS City Treasurer Weber commented on the following: 1) Addressed job references, and expressed concerns that at his work he can be legally responsible if he says something that is not true and they employ the person based on the reference. He suggested that there needed to be something in place that references are not provided for employees or made by employees. He suggested that all such requests should go to Human Resources, and even they should not say they were a good or bad worker. He noted that he worked for three companies since he left the air force; and inquired of the City Attorney if the City was legally bound by references. City Attorney Leibold indicated she did not believe the City was legally bound, and indicated that private industry adopts different policies. She expressed hopes that through the City Manager recruitment, people are able to provide references, but indicated that she could pursue the matter and evaluate a policy. Page Thirty -Nine — City Council Minutes — December 28, 2004 CITY COUNCIL COMMENTS Councilwoman Kelley commented on the following: 1) Congratulated Mr. Brady and Ms. Best, noting that she did provide a reference, which was within her rights and a pleasure to do. She expressed hopes that when the City seeks a City Manager, the Council members would contact the employers and ask for references. She indicated that she had been to several seminars on recruiting managers and all are asking for reference. She congratulated Assistant City Manager Best and noted that she had worked with her for nine years and she had done a great job, but had been underestimated. She indicated that she would miss her. 2) Wished everyone a Happy New Year. Mayor Pro Tem Schiffner commented on the following: 1) Indicated that he would miss Assistant City Manager Best a great deal, as she had been a very valuable asset to the City. He indicated that he believed the circumstances that caused her to leave were due to very unfair treatment and he apologized for that treatment. 2) Congratulated Mr. Brady, noting he would have liked to congratulate him more. He noted that he did not think his motion would pass, but felt it would help to heal the problems in Lake Elsinore. He commented that he believed his comments were true, and noted that he hoped his expectations of difficulties would not materialize. He indicated that there had been great mistakes in the past few weeks, and he hoped they did not come back to bite. Councilman Hickman commented on the following: 1) Informed the Community that Larry Cartier had a reaction to his Page Forty — City Council Minutes — December 28, 2004 medicine and was now in a convalescent home at 2225 N. Perris Blvd., Perris, CA; and encouraged correspondence with him. 2) Requested a list of top ten items City Manager Watenpaugh and Assistant City Manager Best were working on. 3) Wished everyone a Happy New Year. Councilman Buckley commented on the following: 1) Indicated that as a former reporter he was enamored with freedom of the press and freedom of speech, but noted that there were also responsibilities of commenting publicly. He noted that there was a difference and a different legal standard for public actions and private lives. He indicated that as for references, he has no problems giving references, if contacted. He also concurred that he would hope the future City Manager candidate would have references. He suggested that there should be a sense of professional courtesy to tell the other Councilmembers that they have given a reference. He suggested that a bad reference was limited to dates of employment. 2) Addressed the Costco project, noting that Mr. Heimer would be calling tomorrow about the strobe lights and questioning why they are only working at night. He noted the concern with school traffic, but questioned why not weekend days. He indicated that in the future the City would have to be far more careful, and noted that he was receiving calls from people in the downtown area as well. 3) Addressed the Lake Chevrolet project, and noted that only one vote was possible with the information available. He indicated that he would have liked to have had a representative present to explain what they will spend the money on. 4) Wished everyone a Happy New Year. UAW Page Forty -One — City Council Minutes — December 28, 2004 Mayor Magee commented on the following: 1) Indicated that he had a request from staff for a study session on Council policies on January 13th at 5 p.m. He questioned the Council's availability and the consensus was that it was okay to schedule. 2) Announced the upcoming 56th Annual Chamber of Commerce Installation Dinner and Awards Night on January 22nd at the Diamond Stadium Club, noting that it was a black tie affair. 3) Looked forward to a smooth transition and a prosperous new year. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 9:15 P.M. ROBERT E. MJEE, MAYOR CITY OF LAKE ELSINORE AT ST: ,WKI KASAJY, CMC, CITY CLERK/ HUMAN- RESOURCES DIRECTOR