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HomeMy WebLinkAbout06-10-2008 City Council MinutesMINUTES CITY COUNCIL CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 10, 2008 **************************************************************************************************** CALL TO ORDER - 5:00 P.M. The Regular City Council Meeting was called to order by Mayor Hickman at 7:01 p.m. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE CLOSED SESSION City Attorney Leibold indicated the following items were to be discussed during Closed Session: (1) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Gov't Code Section 54956.9: 2 potential cases The City Attorney also indicated there were facts and circumstances that have arisen since the posting of the agenda and stated she believes would rise to the likelihood of litigation and a need to take action or to discuss the item in Closed Session with the City Council. It was moved by Councilman Magee, and seconded by Mayor Pro Tem Kelley to add one item of anticipated litigation pursuant to subdivision (b) of Gov't Code Section 54956.9. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE City Attorney Leibold indicated any action taken during Closed Session would be reported on during the regular portion of the meeting. The Regular City Council meeting was recessed into Closed Session at 5:00 p.m. RECONVENE IN PUBLIC SESSION (7:00 P.M) PLEDGE OF ALLEGIANCE Information/Communications Manager Dennis led the Pledge of Allegiance. INVOCATION -MOMENT OF SILENT PRAYER Mayor Hickman led the meeting in a moment of silent prayer and also requested to remember our soldiers overseas. ROLL CALL PRESENT: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE Also present were City Manager Brady, City Attorney Leibold, Administrative Services Director Pressey, Director of Lake and Aquatic Resources Kilroy, Captain Fetherolf, Public Works Director/City Engineer Seumalo, Information/Communications Manager Dennis, Director of Parks and Recreation Gonzales, Community Development Director Preisendanz, Fire Chief Hendershot, Planning Manager Weiner, Building Division Manager Chipman and City Clerk Munson. CLOSED SESSION REPORT City Attorney Leibold reported on discussions undertaken during Closed Session. She also indicated Council, by unanimous vote of the City Council present, one closed session was added of anticipated litigation. No reportable action was taken. 2 PRESENTATION/CEREMONIALS (2) Mayor Hickman presented the Certificate of Achievements to the following Korn Scholarship Awardees: Claire Van Zanten, Raquel Starkey, Andrea Escobar, Trenton Paddock and Jaime Guzman. (3) Mayor Hickman recognized the Lake Elsinore Bass Club, which recently held a Bass Fishing Tournament and BBQ to honor military service members from Operation Iraqi Freedom and Operation Enduring Freedom. (4) Rick Bishop, Executive Director of the Western Riverside Council of Governments presentation was postponed to a future meeting. PUBLIC COMMENTS -NON-AGENDIZED ITEMS - 1 MINUTE Thomas Vose, Branch Manager at Lake Elsinore Library, spoke of programs the Library will be offering this summer. He noted some of the programs offered will be language data base, classes on financial management and testing strategies, computer classes, financial literacy program for college students, art class for teen, poetry class for adults, photo restoration, resume and interview workshops, debate book club, landscaping and gardening classes, cooking classes, summer reading program for kids and many other programs. Kris Hertz, President Lake Elsinore Historical DMA, thanked the City Council for placing the American Flags on Main Street. She also requested Council's approval for a proposed event to be held over the 4th of July weekend with a weekly Farmers' Market, Theatre Show, Antique Fair, Chili Cook-off, gun fighter show, folkloric dancers, live music throughout the day, food vendors, art walk and a craft fair. Robin Golden, resident and business owner, proposed a series of murals to be painted throughout the City's historic downtown area depicting what the area looked like in the past. She requested City Council's support and approval. Randy Fraizer, resident, conveyed to the City Council an incident that occurred while he and his family were driving home from Parrot Park. He indicated this person followed him to his house and pulled a gun on his wife and stated he was with the District Attorney's Office. Michele Peterson, resident, further described what occurred when the District Attorney's staff threatened them with a gun and continued to stalk them at their home. She indicated no one from the Police Station did anything and was told to file a complaint with the District Attorney's Office in Murrieta. 3 Councilman Magee responded the City does not employ any District Attorney investigators, requested the name of the investigator and assured Ms. Peterson that he will contact Mr. Rod Pacheco's Office and work with the Police Chief to ensure your situation will be taken very seriously. Pete Dawson, LEMSAR, stated LEMSAR reported 6,770 hours of service this year to the community. He stated the United States Coast Guard had 17 students graduate from a boat safety class and there will be another class held in the Cultural Center where the public is invited to attend. He also noted there were over 200 vessel exams done in the Lake Elsinore area launches. Lorraine Watts, resident, expressed her displeasure with Verizon and the fact they are not broadcasting City Council meetings. Ruth Atkins, Lake Elsinore Historical Society, complimented the City Manager and City Staff for such a quick response in restoring their power at Historical Society meeting. She also requested the Mayor to present Barbara Cady, who is moving to Oregon, with some type of recognition for her service to the Elsinore Valley Arts Network, the Lake Elsinore Woman's Club and the community. COUNCIL APPROVES CONSENT CALENDAR ITEMS NOS. 5 THROUGH 15. EXCLUSIVE OF ITEM NO. 16 The following items were listed on the Consent Calendar for Council approval: (5) Minutes of the Following Meeting(s) a) Joint City Council/Redevelopment Agency Study Session -May 27, 2008 b) Regular Meeting -May 27, 2008 Recommendation: Approve as submitted. (6) Warrant List Dated May 29, 2008 Recommendation: Authorize payment of Warrant List dated May 29, 2008. (7) Resolutions Pertaining to the General Municipal Election to be Held on November 4, 2008 Recommendations: a) Waive further reading and adopt Resolution No. 2008-52 calling and giving notice of the holding of a General Municipal Election to be held on Tuesday, November 4, 2008, for the election of certain officers as required by the provisions of the laws of the State of California relating to General law cities and requesting the Registrar of Voters of the County of Riverside to conduct said election. 4 ~, b) Waive further reading and adopt Resolution No. 2008-53 requesting the Board of Supervisors of the County of Riverside to render specific services to the City relating to the conduct of a General Municipal Election to be held on Tuesday, November 4, 2008. (8) Resolutions Adopting Regulations Pertaining to Candidates' Statements Recommendation: Waive further reading and adopt Resolution No. 2008-54 adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at an election to be held on Tuesday, November 4, 2008. (9) Citywide Landscaping and Lighting Maintenance District and the Landscaping and Street Lighting Maintenance District No.1 for the Fiscal Year 2008-09 - Approval of Engineer's Reports and Resolution of Intention Recommendations: a) Waive further reading and adopt Resolution No. 2008-55 approving the Engineer's Report for the annual levy of assessments for fiscal years 2008-09 in a District within said City. b) Waive further reading and adopt Resolution No. 2008-56 declaring Council's 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 public hearing for July 8, 2008. c) Waive further reading and adopt Resolution No. 2008-57 approving the Engineer's Report for the annual levy of assessments for fiscal year 2008- 09 in a District within said City. d) Waive further reading and adopt Resolution No. 2008-58 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 hereon. (10) DMA Special Activities and Street Closure Recommendation: Authorize closure of Graham Avenue from Main Street to the alley way for the July 5th Chili Cook-off. (11) McVicker Skate Park Recommendation: Approve Alternative #2 operating the McVicker Skate Park with City staff. 5 (12) Joint Professional Service Agreement with Keyser Marston Inc Recommendation: Approve the agreement and authorize the Mayor to execute the agreement subject to any minor modifications as may be approved by the City Attorney. (13) Approval of CDBG Cooperation Agreement Fiscal Years 2009-10 2010-11 and 2011-12 Recommendations: a) Authorize the Mayor to execute the Cooperation Agreement with the County of Riverside allowing the City to participate in the Urban County Community Development Block Grant and HOME Program. b) Waive further reading and adopt Resolution No. 2008-59 confirming participation in the CDBG and HOME Program. (14) CR&R -Annual Consumer Price Index Increase Recommendation: Approve the CPI and Landfill fee increase and adopt the new rates for refuse pick-up, recycling and disposal to take effect on July 1, 2008. (15) Quitclaim Deed for a Portion of Property Adjacent to Graham Avenue in Favor of Pioneer Lumber Recommendation: Authorize City staff to process a Quitclaim Deed over a portion of Lot 11 and 12 adjacent to Spring Street between Sulphur Street and Graham Avenue and authorize the City Manager to accept the Grant Deed for lots 11 and 12 from Elsinore Pioneer Lumber Co. (16) Settlement Aareement with MSA Enterprises Inc (Best Western Hotel) Recommendation: Approve the Settlement Agreement and authorize the Mayor to execute the Agreement along with any ancillary documents, subject to any minor modifications as may be approved by the City Attorney. Councilman Magee pulled Consent Calendar Item No. 16 to be continued off calendar. It was moved by Councilman Buckley to pull Consent Calendar Item Nos. 11 and 16. There being no second, motion failed. It was moved by Councilman Magee, and seconded by Mayor Hickman to approve the Consent Calendar Items No. 5 through 15 to include continuing - Consent Calendar Item No. 16 off calendar. 6 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE Councilman Buckley indicated he wanted the opportunity to vote against Consent Calendar Item No. 16, the Settlement Agreement with MSA Enterprises. He commented the public improvements fell well below the amount discussed and MSA has failed to perform on numerous occasions voiding the original agreement of many years ago. PUBLIC HEARINGS (17) CITY COUNCIL ADOPTS RESOLUTIONS RELATED TO MITIGATED NEGATIVE DECLARATION NO. 2006-03, TENTATIVE TRACT MAP NO 35869 FOR CONDOMINIUM PURPOSES, PLANNED UNIT DEVELOPMENT NO. 2008-01, AND RESIDENTIAL DESIGN REVIEW NO. 2006-07 FOR THE PROJECT KNOWN AS "GRAND SOLUTIONS" AND INTRODUCES ORDINANCE NO. APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 Mayor Hickman opened the public hearing at 7:36 p.m Community Development Director Preisendanz presented the staff report. He indicated this was a mixed use development on Grand Avenue which will allow both commercially and residential development uses. He noted this development will allow six live-work units and 25 residential units with a recreational center. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. Matthew Fagan, stated he represented the applicant, and spoke in favor of the project and stated they did agree to the Conditions of Approval. He also complimented the Community Development staff on their professionalism. There being no further testimony, Mayor Hickman closed the public hearing at 7:41 p.m. 7 _ It was moved by Councilman Magee and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-60 adopting Mitigated Negative Declaration No. 2006-03. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-61 adopting findings that the entitlements are consistent with the Multiple Species Habitat Conservation Plan (MSHCP). The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee and seconded by Councilman Buckley to waive further reading and introduce the following ordinance: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING PLANNED UNIT DEVELOPMENT NO. 2008-01 8 The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-62 approving Tentative Tract Map No. 35869 for condominium purposes. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Councilman Magee, and seconded by Councilman Buckley to waive further reading and adopt Resolution No. 2008-63 approving Residential Design Review No. 2006-07. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE 9 ABSENT: NONE ABSTAIN: NONE (18) COUNCIL ADOPTS RESOLUTION NO. 2008-64 APPROVING TENTATIVE PARCEL MAP NO. 35890 FOR CONDOMINIUM PURPOSES FOR "FAIRWAY BUSINESS PARK" (APN 377-140-024) Mayor Hickman opened the public hearing at 7:43 p.m. Community Development Director Preisendanz presented the staff report. He indicated this was a subdivision for air space that the City Council approved previously for Fairway Business Park. He stated the applicant is requesting for the subdivision for 20 individually owned industrial office condominium. Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. He also inquired if there was anyone that wished to speak at all. There being none, Mayor Hickman closed the public hearing at 7:45 p.m. It was moved by Councilman Magee, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-64 approving Tentative Parcel Map No. 35890. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE COUNCILMAN BUCKLEY LEFT THE COUNCIL CHAMBERS AT 7:45 P.M. (19) COUNCIL CONTINUES PUBLIC HEARING REGARDING TENTATIVE TRACT MAP NO. 34346 FOR CONDOMINIUM PURPOSES AND RESIDENTIAL DESIGN REVIEW NO. 2 Mayor Hickman opened the public hearing at 7:45 p.m. 10 Mayor Hickman requested testimony from the public. He inquired if there was anyone wishing to speak in favor or against the item. Mayor Hickman indicated there was a request to continue the item to the next regular City Council meeting. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Magee to continue this matter to the City Council meeting of June 24, 2008. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: COUNCILMAN BUCKLEY ABSTAIN: NONE APPEAL(S) (20) COUNCIL CONTINUES THE APPEAL OFF CALENDAR WITH REGARD TO THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT NO. 2008-09, A REQUEST FOR THE ESTABLISHMENT OF LIVE MUSIC, DANCING, AND ENTERTAINMENT WITHIN THE RESTAURANT AREA OF AN EXISTING BOWLING AND ENTERTAINMENT CENTER (TREVI LANES) Community Development Director Preisendanz presented the staff report. He indicated this was the consideration of two appeals of the Planning Commission's decision to approve a conditional use permit, a request for live music, dancing and entertainment within a previously approved restaurant area within an existing bowling entertainment center. He stated the appeals were filed by the City's Captain Fetherolf and the owner of Best Western Hotel. He indicated staff is recommending upholding the Planning Commission's decision to approve the conditional use permit or overturn the decision and deny the CUP. COUNCILMAN BUCKLEY RETURNED TO THE COUNCIL CHAMBERS AT 7:48 P.M. 11 -- Captain Fetherolf stated he filed an appeal of the Planning Commission approval of Conditional Use Permit 2008-09. He indicated the document he submitted set forth some of his concerns, based on the removal of certain restrictions made by the Planning Commission, from the conditional use permit as submitted by the Planning Department which he noted he had participated in offering information in the preparation of the. document. He stated in the original plans that were submitted by the applicant in 2006-07, the rooms in question were proposed as a restaurant to include a cafeteria and dinning area both inside and outside the building proper. He stated sometime later, the idea of a nightclub was proposed for the same area and at that time voiced opposition to the idea with meeting with the City staff. He indicated not long thereafter, an unpermitted nightclub was opened to the public at that particular location. He stated after considerable violence and commotion resulting from the unauthorized and understaffed opening of that part of the club, City Code Enforcement shut down the club portion and forced the applicants to go through the proper CUP process. He noted as a result of numerous staff discussions, where he provided his input and reasons for recommending restricted use of these facilities, it included his recommendations of the following: 1) Approval shall be limited to live entertainment in conjunction with private parties and banquets only; 2) Night clubs, discotheques, music/comedy concerts, and similar types of uses are prohibited in all areas of the property and 3) No admission or cover charge shall be required for any portion of the facility which the Planning Commission '"' removed at a later date. Captain Fetherolf reviewed his concerns for allowing a night club of this magnitude as follows: 1) Cause of a large drain on police resources to deal with criminal activity; 2) assaults; 3) disturbing the peace; 4) public intoxication/alcohol related problems; 5) thefts and burglaries; 6) vandalisms; 7) traffic violations; 8) narcotics; and 9) suspicious behavior/criminal conduct. He respectfully recommends that the City Council consider overturning the decision of the Planning Commission and any other proposed club/venues of this magnitude in the future. Ajay Patel, who also filed an appeal, stated their concern with Trevi Entertainment is the sound level. He indicated on May 24th and May 29th, he had to call local law enforcement to complain about the noise. He stated he met with Mr. Knight who indicated someone from his establishment would come out with a decibel meter to read the noise level and then proceed to have it reduced if the noise is too loud. He stated no one ever came out. He also noted the building is not made to hold in sound and feels the sound is coming through the roof. William Park, Corporal Marine Corp. stated he was the individual who was having the party and did not understand why his party was broken up by the Police who had 20 or more Police units. 12 -- Ken Howard, resident and Elks Lodge Member, spoke in opposition of denying the conditional use permit and expressed how important it was for the Elks Lodge to continue using Trevi Lanes. Mayor Hickman noted this was not pertaining to the Elks portion of Trevi Lanes. Dee Dee Davis, resident, spoke in opposition to the denial of the conditional use permit. Bob Becker, resident and former officer of the Lake Elsinore Elks Lodge, spoke in opposition to the denial of the conditional use permit. Axel Zanelli, Planning Commissioner, stated he was one of the two Planning Commissioners that voted to deny the conditional use permit. He indicated at the time of the Planning Commission meeting, there were some last minute changes made to the conditions that they were not made aware of until that night. He stated there is a long history that goes back with Mr. Knight that began during construction of that building without any approvals. He noted the Planning Commission was willing to work with him, however, over his past history of 18 months or so has shown Mr. Knight is going to do what he wants to do. He requested the City Council overturn the Planning Commission decision, support the Chief and the neighboring businesses that have nothing but problems with this business. Guy Schmidt, local band manager, spoke in favor of Mr. Knight's conditional use permit. Dave Bristow, Law Firm of Reid & Hellyer and applicant's representative, stated he was there to address some of the issues and process that occurred after the Planning Commission granted Mr. Knight's conditional use permit. He noted Mr. Patel's appeal was filed later than it should have been under the Lake Elsinore Municipal Code and on that basis should not be considered by this panel. He stated he understands the public safety issues Chief Fetherolf was concerned with; however, he did not know the issues with regard to Trevi Entertainment are any different than the issues concerning the Storm or any other large gathering in the City of Lake Elsinore and noted any time you have those type of crowds, you will have an increase in public safety issues. Mr. Bristow indicated that it appeared to him that there was a separate issue that was going on and that is an issue with selective enforcement with regards to singling out Mr. Knight and Trevi Entertainment. He stated he understands the City has had some issues in the past. He noted Mr. Knight has invested over $7 million in the building and choose to do this in Lake Elsinore because he saw the opportunity and the need for this type of venue. He noted Mr. Knight was not provided written notice or proof of the appeal to the Planning Commission's decision which lead Mr. Knight to believe his use was permitted. He indicated 13 - that this struck him as unusual and contort the process that a use permit is intended to serve. He stated because of the discrepancies of the way Mr. Knight has been treated, he feels there is a different agenda that appears to be afoot. He stated he requested from the City Attorney that the hearing be continued to allow him and his client sufficient time to evaluate what the Chief was concerned with in regards to the appeal. He reiterated this was his request tonight from the City Council. Councilman Buckley inquired from Chief Fetherolf if he had any further statistics. Chief Fetherolf responded the Bikini Beach Club, which has a likeness to this club, had 19 responses in a one year period, to the O'Hara Road House there were nine, to the Wreck there were three, and to the Out House there were 16 responses in a one year time frame. Councilman Buckley inquired of Chief Fetherolf if he had a problem with night clubs in general. Chief Fetherolf responded that he did not; as long as they were obeying the law. He noted his responsibility to the City, to the citizens of this City and to this Council, is to fairly and equitably uphold the law and his recommendation to Council with the addition to this business, especially with. the history of the ownership and management disregarding and not respecting the law as it has been, he has no confidence that there will be any indication on their part that they will obey the law. He stated his recommendation to the Council is that this club not operate. Councilman Buckley addressed the Elks Lodge members and indicated the meeting has nothing to do with the Elks Lodge at all and the room they use is separate which is separately covered by the existing conditional use permit that is not being discussed. He also pointed out to Corporal Park about the ad for his party that indicated his party was not private according to the ad he found on the Internet and should be upset at the owner for allowing people to crash your party and getting it shut down. Councilman Buckley stated it was really about health and safety for the general public and for Mr. Knight's customers. He noted everyone on the Council wants Trevi to succeed, no one will jeopardize the safety of the City's residents. He stated the type of entertainment really is not the issue, it is the fact that it was open at all, and opened improperly. City Manager Brady indicated, prior to May 22"d, he received a call from the representative from Trevi Entertainment with regards to the use of this facility on May 22"d, it was discussed in length and depth with regards to the use and it was indicated at that time that an appeal was filed. Mr. Brady indicated the representative was made. aware of that appeal and was informed at that time by 14 him that if this party was going to be open to the public, that it would not be allowed and that the appeal stayed the decision of the Planning Commission. Councilman Buckley stated for him to consider allowing the use under a conditional use permit, the following potential conditions need to be adhered to: inside the club -legitimate private parties may occur with music, definition of legitimate to be determined by the City; charitable fund raising events to be held by recognized non-profit social services agencies would be exempt; no leasing in any way shape or form to outside promoters; no allowing any outside acts to perform; no live music; DJ is ok; one bouncer per 2,000 sq.ft. of floor space interior; two outside; all security training to be approve by LEPD; no pass route to the main building; no cover charge allowed; all conditions of the original conditions of approval to be complied with; shut down of the club allowable by the Chief appeal to the City. Council allowed; the facility is to remain completely closed until all conditions are met; they may apply for modifications of conditions in two years; behind the building shall be cleaned; no one shall be allowed behind the building except for employees; additional sound proofing shall be installed throughout; sound proofing around the patio and absolutely no all age functions at the club. Mayor Pro Tem Kelley stated she does not have a problem with nightly entertainment or music at all. She noted the facility must be operated safely and in a secure manner in the public interest. Community Development Director Preisendanz responded to the inquires Mayor Pro Tem Kelley had pertaining to various issues. He also indicated staff has tried to work with Mr. Knight and have done everything they could to accommodate Mr. Knight and he noted there are still outstanding conditions that have not been satisfied. City Attorney Leibold indicated that Mr. Patel did file his appeal within the legal requirements and stated under the City Council Policy, the appeals come through the City Clerk's Office who in turns forwards the appeal to the Community Development Department and schedules the appeal hearing as soon as possible. She stated there is noticing of the agenda and the item; however, there is no independent requirement that written notice of the appeal be provided to the applicant. She noted communication by the City Manager to the applicant's representative is sufficient. Mayor Pro Tem Kelley stated she was very disappointed in the process that Mr. Knight has not followed, that is in place to provide safety and security for our residents and of the things that have had occurred out there. She indicated she cannot support a new CUP if the conditions from the first CUP have not been met. She stated she would be in favor of continuing this item and bringing Mr. Knight into compliance; she would like to continue this item to a calendar date and by that date she would want to make certain that staff is absolutely certain 15 - what area is being considered, absolutely sure about the conditions of the CUP that have not been satisfied including the security cameras and the security issues of concern the Chief of Police had. It was moved by Councilmember Magee, and seconded by Councilmember Schiffner to continue this item off calendar in order to accommodate the applicant's request for due process, and during this time, there can be no more violations, they must comply with all of the existing CUP conditions, and be a good corporate neighbor; work with staff and the Police Department to bring back something all of the parties can support. Mayor Pro Tem Kelley indicated she would like to calendar the item for a meeting in July. Councilman Magee asked Mr. Bristow if this would allow his client ample time to comply with the existing conditions on the existing permit and make progress towards resolving the outstanding issues that are under appeal this evening. David Bristow replied he had to consult with his client. He indicated his sense is that should be sufficient time; however, he was a concerned because there are two competing motions. He stated is preference was to take this item off calendar and commence the process. Mayor Pro Tem Kelley stated if there were any further violations, that would be it for her. A substitute motion was made by Mayor Pro Tem Kelley, and seconded by Councilmember Buckley to continue the appeal to the July 22"d meeting and encourage the applicant to satisfy conditions of approval pertaining to the existing conditional use permit and direct the applicant to work with staff and their counsel to work through the conditions of approval with respect to the new CUP that would be acceptable to all parties concerned and to address all safety concerns. The following vote resulted: AYES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY NOES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER ABSENT: NONE ABSTAIN: NONE 16 Substitute motion failed. The motion to continue this item off calendar vote resulted as follows: AYES: MAYOR HICKMAN COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY ABSENT: NONE ABSTAIN: NONE City Attorney Leibold indicated that once this item is ready for reconsideration it must be re-noticed as a new public hearing. Mayor Hickman requested that everything Mr. Knight can and can't do related to his conditional use permits be placed in writing. CITY COUNCIL RECESSED THE MEETING AT 9:00 P.M. COUNCIL RECONVENED THE MEETING AT 9:05 P.M. BUSINESS ITEMS (21) CITY COUNCIL ADOPTS RESOLUTION NO. 2008-65, ADOPTING THE GENERAL FUND AND LLMD OPERATING BUDGETS FOR FISCAL YEAR 2008-09 Administrative Services Director Pressey presented the staff report. He reported the Operating Budget of the General Fund includes public safety as the number one priority and continues to be the number one priority. Public Safety is 43% of the General Fund Budget which is up 40% from the prior year and the total increase is a little over $.5 million. He also noted at the end of this budget year that is being presented, it is estimated that $7.8 million to be available of which $3.5 million is reserve. Administrative Services Director Pressey also indicated at the agenda review City Council requested an additional $2,000 to be added for the Memorial Day Service to fund a portion of that cost and will be included in the budget. He stated total revenue and expenditures are balanced at $32 million which includes a draw from the supplemental revenue of a little more than $400,000. 17 _.. Councilman Magee recognized the good works of City Manager Brady, Administrative Services Director Pressey and City Treasurer Weber on the new budget. He also recommended to the Community Development Department to process applications quicker and response to inquiries and also assist PSAC when appropriate. He also recused himself from voting on a line item in the budget related to the donation to the Trauma Intervention Program. AI Lyons, Lake Elsinore Marine Search and Rescue, thanked the City Council for their continued support of LEMSAR. It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Schiffner to waive further reading and adopt Resolution No. 2008-65 adopting the General Fund Operating Budget and Lighting, Landscaping and maintenance Districts Operating Budget of the City of Lake Elsinore, California, for Fiscal year 2008-09 to include the $2,000 to be added for the Memorial Day Service and to pull out the line item related to the donation to the Trauma Intervention Program. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN MAGEE COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: NONE It was moved by Mayor Pro Tem Kelley, and seconded by Councilman Buckley to approved the $8,500 donation to the Trauma Intervention Program. The following vote resulted: AYES: MAYOR HICKMAN MAYOR PRO TEM KELLEY COUNCILMAN BUCKLEY COUNCILMAN SCHIFFNER NOES: NONE ABSENT: NONE ABSTAIN: COUNCILMAN MAGEE 18 PUBLIC COMMENTS There were no public comments. CITY MANAGER COMMENTS City Manager Brady commented on the following: 1) Thursday, June 12th, Farmer's Market, from 4-7:00 p.m. on Main Street and Peck. 2) Saturday, June 14tH, Flag Day, the City will be installing American Flags on Main Street in celebration of Flag Day and Independence Day. 3) Thursday, June 19th, Movies in the Park, After Dark, 7:30 p.m. at Summerlake Park and it is free to all. 4) Thursday, June 19tH, EWDC Luncheon, from 11:30 -1:30 p.m. at Lake Elsinore Diamond Club, reservations required. 5) Monday, June 23rd, Aquatic Programs at Lakeside High School Pool, Open Swim from 1:30 to 4:00 p.m. and 5:30 to 8:00 p.m. Registration for swim lessons will be held June 25tH, July 2~d and July 16tH 6) Thursday, June 26tH, the Lake Elsinore Chamber of Commerce Business Mixer will be held at Rid~estone Apartments Clubhouse. 7) Saturday, June 28 n, Health & Safety Expo, 31700 Grape Street, 10-4:00 p.m. 8) Saturday, June 28th, Lake Elsinore Cruise Day -Car Show, Main Street, 5-8:00 p.m. CITY ATTORNEY COMMENTS No comments. CITY TREASURER COMMENTS No comments. CITY COUNCIL COMMENTS Councilmember Schiffner commented on the following: No comments. Mayor Pro Tem Kelley commented on the following: 1) Congratulated all of the local high school graduates from Lake Elsinore. Councilmember Magee commented on the following: 1) Recognized the passing of his wife's uncle, Duncan Welch. He stated he was 19 part of the greatest generation. He stated he was a formidable man who demanded respect, both in his personal and professional life, an outstanding husband and father and a long time resident of this County. He noted Mr. Welch served proudly in the United States Air Force during World War II. He requested the meeting be adjourned in his honor. Councilmember Buckley commented on the following: No comments. Mayor Hickman commented on the following: No comments. Councilman Magee adjourned the meeting at 9:26 p.m. in honor of the memory of Duncan Welch. ~-~/" HICKMAN, MAYOR CITY OF LAKE ELSINORE ATT ST: G V VIAN M.MUNSON CITY CLERK 20