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HomeMy WebLinkAbout03-26-2002 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MARCH 26, 2002 :~~~~**:~:~~~~~~*~~~:~:~~*~~*:~~*~~~~:~~*~~~~:~*~:~~~:~~*~~*:~~**~~**~~~~*:~~~ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 5:10 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Information/Communications Manager Dennis and Deputy City Clerk Paredes. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore, Redevelopment Agency of the City of Lake Elsinare v. Diamond Sports & Entertainment LLC et al (Riverside Co. Superior Court Case #356131) (F:40.1)(X:52.2) B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) Liberty PAGE TWO - CITY COUNCIL MINUTES - MARCH 26, 2002 Founders LLC v. City of Lake Elsinore, et al (Riverside Co. Superior Court Case #355890) (F:40.1)(X:52.2) C. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Subdivision (a) of Gov't Gode §54956.9) City of Lake Elsinore v. Elsinore Valley Municipal Water District (Riverside Superior Court Case #35961). (F:40.1)(X:52.2) D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Subdivision ( a ) of Gov't Code §54956.9) Property: AP #387-461-034 and 379-080-008 Negotiating Parties: City of Lake Elsinore and Elsinore Valley Municipal Water District Under Negotiation: Price & Terms of Payment (F:40.1)(X:164.2) E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Gov't Code §54956.8) Property: AP #'s 377-232-006 and 377-232-077 Negotiating Parties: City of Lake Elsinore and Dennis C. Rieger Under Negotiation: Price & Terms of Payment (F:40.1)(X:48.1) City Attorney Leibold announced the Closed Session matters as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:12 P.M. The Closed Session discussion was completed at 6:50 p.m. RECONVENE PUBLIC SESSION (7:00 p.m.~ Mayor Kelley called the Regular City Council Meeting to order in public session at 7: OS p.m. PAGE THREE - CITY COUNCIL MINUTES - MARCH 26, 2002 PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Leibold. INVOCATION The Invocation was provided by Pastor Jack Warford, representing First Southern Baptist Church. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BRINLEY, BUGKLEY, HICKMAN, SCHIFFNER, KELLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Fire Chief Gallegos, Police Chief Walsh and City Clerk/Human Resources Director Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 31 and 35 PAGE FOUR - CITY COUNCIL MINUTES - MARCH 26, 2002 CONSENT CALENDAR ITEMS MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. City Council Study Session - March 5, 2002. b. City Council Study Session - March 7, 2002. ~ a City Council/Redevelopment Agency Study Session - March 12, 2002. d. City Council/Redevelopment Agency Study Session - March 12, 2002. (F:44.4) The following Minutes were received and ordered filed: e. Planning Commission Meeting - March 6, 2002. (F:60.3) 2. Ratified Warrant List for March 14, 2002. (F:12.3) 3. Rejected and referred to Claims Administrator for handling the Claim Against the City - Lisa Hawkins (CL #2002-06). (F:52.2) 4. Declared 24 items of Office Equipment and Computers Surplus Property and ordered sale of said items. (F:48.1) PUBLIC HEARINGS None. PAGE FIVE - CITY COiTNCIL MINUTES - MARCH 26, 2002 31. Commercial Project No. 2001-03, Design Review of Proposed Commercial/Restaurant Building, Including Starbucks Coffee Shop and Four Other Suites within Elsinore Citv Center (Walmartl Shoppin Cg enter and Specific Plan Area. (F:58.2) Community Development Director Brady explained this item; noting that it was the last remaining pad graded as part of that development. He advised that the pad area was approximately 33,000 square feet, with the commercial building containing 6,500 square feet and five units. He further advised that one of the units would be a Starbucks with a drive-thru. He noted that the project was recommended far approval by the Planning Commission and was consistent with the existing shopping center. Mayor Kelley commented that it was the first Starbucks she was aware of with a drive-thru. Glen Daigle, representing Oak Grove Equities, indicated that they agreed with the staff report and requested approval of the project. He also noted there were two drive-thru Starbucks in San Marcos and one in San Diego. City Attorney Leibold noted that there was also one in Blythe. Councilman Hickman had no comments. Councilwoman Brinley noted this was a project within the Redevelopment Agency, and noted that the developer had done a wonderful job on the center. She indicated that she had no problems with the project and noted that it would be a further asset to the center. She commented that it was good to see that he continued to build the tax increment and stressed the Redevelopment Agency's support of the proj ect. PAGE SIX - CITY COUNCIL MINUTES - MARCH 26, 2002 Councilman Buckley had no comments. Mayor Pro Tem Schiffner indicated that the proposal looked like a wonderful project, but expressed his disappointment that it would not be a fancy steakhouse. He noted that with the four remaining empty sections, there might still be a nice restaurant at that location in the future. He commented that it looked like a beautiful building. Mayor Kelley had no problems with the project and noted her appreciation of Starbucks. She commented that she was an~ous to see what else would be included in the other buildings. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE COMMERCIAL PROJECT NO. 2001- 03, DESIGN REVIEW OF A COMMERCIAL/RESTAiJRANT BUILDING WITHIN THE CITY CENTER SHOPPING CENTER AND SPECIFIC PLAN AREA BASED UPON THE FOLLOWING FINDINGS, AND SUBJECT TO THE FOLLOWING CONDTTIONS OF APPROVAL: Findings Subject to the attached conditions the proposed project is not anticipated to result in any significant ad~erse environmental impacts. 2. The project complies with the Goals, Objectives and Policies of the General Plan and the City Center Specific Plan. This project complies with the design directives contained in Chapter 17.82.060 and all other applicable provisions of the Lake Elsinore Municipal Code. 4. Conditions and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions, have been PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 26, 2002 incorporated into the approval of the project to ensure development of the property is accordance with the General Plan, Municipal Code, and City Center Specific Plan. CONDITIONS OF APPROVAL FOR STARBUCKS C 2001-03 PLANNING DIVISION 1. Design Review approval for Commercial Project No. 2001-03 will lapse and be void unless building permits are issued within one year of City Council approval. An extension of time, up to one year per extension, may be granted by the Community Development Director prior to the expiration of the initial Design Review approval upon application by the developer one month prior to expiration. 2. These Conditions of Approval shall be reproduced upon Page One of the Building Plans prior to their acceptance by the Building and Safety Division. 3. All site improvements shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans ar building elevations shall be subject to the discretion of the Community Development Director. All plans submitted for Building Division Plan Check shall conform with the submitted plans or as modified by Conditions of Approval, or the Planning Commission through subsequent action. 4. Materials and colors depicted on the elevations and Materials Board shall be used unless modified by these conditions, or the applicant with approval by the Community Development Director or his designee. 5. Prior to issuance of any building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" and shall return the executed ariginal to the Community Development Department for inclusion in the case records. PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 26, 2002 6. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 7. Prior to issuance of grading permit, the applicant shall execute a shared parking agreement with the operators of the ~~'~n~ Walmart Shopping Center. 8. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 9. Applicant is to meet all Riverside County Health Department requirements. 10. Applicant is to meet all Riverside County Fire Department requirements. 11. No outdoor storage shall be allowed. 12. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 13. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right-of-way view. 14. Applicant shall use roofing materials with Class "A" fire rating. 15. All xoof-mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets and the I-15 Freeway. A screening plan, if determined necessary, PAGE NINE - CITY COUNCIL MINUTES - MARCH 26, 2002 shall be approved by the Community Development Director or designee prior to issuance of building permit. 16. All exterior downspouts shall be constructed within the interior of the building or concealed from public right-of-way view. 17. The final landscaping/irrigation plans are to be submitted to the City's Landscape Architecf Consultant and the Community Development Director or designee, prior to issuance of building permit. A Landscape Plan Check Fee and Inspection Fee will be charged for this service. a) All planting areas shall ha~e permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) The applicant shall plant street trees selected from the City's Street Tree List, a maximum of 30 feet apart and at least 24-inch box. On areas were screening, is necessary trees shall be at least 36-inch box size. c) All planting areas shall be separated from paved areas with a 6-inch high and 6-inch wide concrete curb. d) Planting within 15 feet of ingress/egress points shall be no higher than 36 inches. e) Landscape planters shall be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in 15 years. fl~ Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. PAGE TEN - CITY COUNCIL MINUTES - MARCH 26, 2002 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) A bond for 100% of material and labor for 2 years from the date of Certificate of Occupancy shall be provided by the applicant. 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 plans must be consistent with approved site plan. k) Final landscape plans shall incorporate water conservation and meet the AB 325 Standards. 18. All exposed slopes in excess of 3 feet in heighY shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 19. 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. 20. 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 ELEVEN - CITY COUNCIL MINUTE5 - MARCH 26, 2002 21. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 22. Planning Division shall approve all trailers utilized during construction. Appropriate bonds shall be posted to insure removal of all trailers at development completion. 23. On-site surface drainage shall not cross sidewalks. 24. All vending machines, tables, '~s-r~des, newspaper racks, telephones and similar devices, if proposed, shall be concealed from view with a structure consistent with the building design. These items shall be approved by the Community Development Director or designee prior to their installation. 25. The applicant shall submit a graffiti removal program. This program shall include methods for immediate graffiti removal and shall be subject to the approval of the Community Development Director or Designee. 26. The proposed project shall comply with requirements of the Sign Program contained in the City Center Specific Plan. 27. The applicant shall annex the project into the City's Landscape and Lighting District. 28. All parking spaces shall comply with the requirements of Section 17.66.040 of the City Municipal Code and be doubled-striped with 4-inch lines that are 2 feet apart. 29. Painted arrows on the asphalt shall be located at all internal one- way drive aisles. PAGE TWELVE - CITY COUNCIL MINUTES - MARCH 26, 2002 30. The project shall comply with the Mitigation Monitoring Program approved with the 1992 Certified Final City Center Specific Plan EIR. 3 l. All perimeter fences shall be six feet high and wrought iron. ENGINEERING DIVISION 32. The applicant shall comply with all Public Works requirements as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building permit. 33. The applicant shall pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). 34. 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. The applicant shall submit this letter prior to applying for a building permit. 35. The applicant shall obtain all necessary off-site easements for off- site grading from the adjacent property owners prior to grading permit issuance. 36. If grading exceeds 30 cubic yards or the existing flow pattern is substantially modified, 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. 37. The applicant shall provide fire protection facilities as required in writing by Riverside County Fire. PAGE THIRTEEN - CITY COUNCIL MINUTES - MARCH 26, 2002 38. 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. 39. 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. 40. Roofs should drain to a landscaped area whenever feasible. 41. The applicant shall contribute $23,800 toward the design and construction of I-15 Freeway and Railroad Canyon Road interchange improvements. This development will increase traffic at the interchange at least 1% and should contribute 1% toward construction. 42. The applicant shall contribute $97,000 toward the design and construction of the traffic signal at Grape Street and the main entrance to Walmart as required under condition 45 for Parcel Map 27659, unless the City Center Apartments have already paid the fee. 43. 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. 32. California Department of Boating and Waterways Grant - Resolution No. 2002-16. (F:84.1) City Manager Watenpaugh explained that this item was in response to a meeting with a representative of Boating and Waterways at the campground. He further explained that staff was proposing a feasibility study, for submittal to the State for approval and authorization to move PAGE FOURTEEN - CITY COUNCIL MINUTES -1VIARCH 26, 2002 forward in one fiscal year; and the funding for construction would occur in the following year. He noted that the funding was subject to the number of launches and the City could see $4 million with no matching funds for six launch lanes. He commented that the Lake currently had 12 to 13 launch ramps which are usable until the Lake falls to 1240' elevation, but they were no longer usable. He noted that this approval would allow for the expenditure of approximately $30,000 to gain $4 million. Community Services Director Sapp noted that the City's participation had occurred late in the process, and staff was working to extend deadlines. He explained that if the City did not get into the program this year, the work would still be used for a future funding year. He noted that the Department was very supportive and staff was working to meet the deadlines. He detailed the improvements including an elevated six lane ramp, restroom, parking for 300 cars, fish cleaning station, signage, docks, and buoys. He noted that the CEQA requirements costs would come back from the grant. Councilman Buckley commented that this grant was a competitive situation with no promises. Community Services Director Sapp noted that this was a special program for launches, and although it was competitive, there was quite a bit of money available, possibly more than $4 million. City Manager Watenpaugh confirmed that there were no guarantees. Councilman Buckley commented that this would increase the operation and maintenance costs for the campground, and the Concessionaire would get the bulk of the profit. He noted the maximum launch fee allowed under the grant of $5, with the current charge being $6. Community Services Director Sapp indicated that it would be discussed as part of the operation of the boat launches. He also confirmed that the concessionaire was aware of the requirement. City Manager Watenpaugh reiterated that the City would comply with State's requirement for the fees. Ivlayor Pro Tem Schiffner commented that this grant was a great opportunity, but not a guarantee. He noted that from the discussions with PAGE FIFTEEN - CITY COiTNCIL MINUTES - MARCH 26, 2002 staff there was a good chance for the money to be received, and it was a good gamble to spend $30,000 for $4 or $5 million. Councilman Hickman requested clarification of the 5,000 launches for $1 million factor; and inquired if the City had 20,000 launches. Community Services Director Sapp confirmed that it had been done in the past. Councilman Hickman clarified the assistance this would give to drawing snowbirds to the community. Community Services Director Sapp confirmed. Councilwoman Brinley indicated that the City had been successful when it applied for the e~sting boat launch, and asked if staff felt good about the odds. Community Services Director Sapp confirmed that staff felt the odds were good. Councilwoman Brinley commented that the project was a good idea and the City had been successful with grants of this type in the past. Community Services Director Sapp reiterated that there was no match required. Mayor Kelley reiterated that there was no match required and noted that the project would address the consistent complaint that there was no launch facility at the campground. She congratulated staff on this effort. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION NO. 2002-16 AUTHORIZING STAFF TO SUBMIT THE GRANT APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS; APPROVE THE EXPENDITURE OF $25,000 FROM THE CITY'S GENERAL FUND RESERVE FOR THE PREPARATION OF THE "FEASIBILITY REPORT" TO BE PERFORMED BY NOBLE CONSULTANTS, INC.; AND ALLOCATED $5,000 FOR THE PROCESSING OF CEQA DOCUMENTS AS REQUIRED AS PART OF THE GRANT APPLICATION. PAGE SIXTE~N - CITY COUNCIL MINUTES - MARCH 26, 2002 RESOLUTION NO. 2002-16 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING A GRANT IN THE AMOUNT OF $4,000,000 FROM THE DEPARTMENT OF BOATING AND WATERWAYS FOR THE IMPROVEMENT OF THE BOAT LAUNCH FACILITY AT THE LAKE ELSINORE RECREATION AREA AND CAMPGROUND, RIVERSIDE COUNTY, CALIFORNIA. 33. Lake Elsinore Rotary Club Bus Bench Program. (F:68.1)(X:108.1) Community Development Director Brady noted that this was a proposal from the Rotary Club to place bus benches as a fund-raiser far programs such as scholarships, and the FIT program. He explained that the purpose of this program was to provide bus benches to residents that use public transit facilities and provide a fund-raiser for the Rotary Club. He noted that the proposal was for an initia120 bus benches and a future potential of 40 benches at some point. He explained that the Rotary Club would be responsible for the purchase, installation and maintenance of the benches and they would be seeking the advertising. He further explained that the benches would be located in the City right of way, so the City Attorney had prepared an agreement and an encroachment permit would be issued. Councilwoman Brinley commented that the RTA was grateful to the Rotary Club for stepping up to the plate with this project. She noted the costly nature of providing bus benches and read a letter of thanks from the RTA. She stressed the need for more benches and thanked the Rotary Club on behalf of the Transportation Now Coalition. She offered assistance to Rotary Club with their efforts. Councilman Hickman noted that the money would be used for scholarships for the kids and expressed support. PAGE SEVENTEEN - CITY COUNCIL MINUTES - MARCH 26, 2002 Councilman Buckley indicated that the proposal looked fine. Mayor Pro Tem Schiffner questioned the future potential of 40 benches and whether the proposed agreement would cover them. City Attorney Leibold confirmed that they were included. Mayor Pro Tem Schiffner indicated that he thought this was a great idea and expressed surprise that they had to request approval. Mayor Kelley indicated that she had no problem with this item and commended the Rotary Club for their efforts. MOVED BY BRINLEY, SECONDED BY HICKMAN AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE LAKE ELSINORE ROTARY CLUB AND THE CTTY OF LAKE ELSINORE FOR THE PLACEMENT OF BUS BENCHES AT VARIOUS RTA BUS STOPS THROUGHOUT THE CITY. 34. Establishment of Traffic Offender Fund - Ordinance No. 1080 & Resolution No. 2002-17. (F:162.2) City Manager Watenpaugh noted that Police Chief Walsh was instrumental in putting this plan together and obtaining Office of Traffic Safety grant funds. He also noted that this action would earmark funds to extend the e~sting programs. Police Chief Walsh explained that the proposed fund would put the financial responsibility on the people they have to deal with when impounding vehicles, noting that it was primarily to address the unlicensed and drunk drivers as they were the ones most likely to end up in traffic accidents. Councilman Hickman commented that based on the recent traffic checks, this should produce a lot of money; and expressed support for the program. PAGE EIGHTEEN - CITY COiTNCIL MINUTES - MARCH 26, 2002 Councilwoman Brinleyindicated that she had no problems with this item. Councilman Buckley indicated that he thought this was a fine idea and noted that the City would be charging less than the City of Perris. He suggested the e~ansion of the program to include drag racing, and inquired if a special safety zone could be created for areas such as the Railroad Canyon intersection for additional charges. He also suggested making the program as broad as possible. Chief Walsh commented that the Department did not set fines, as that was under the purview of the Council. He indicated that the Council could charge whatever they preferred. He commented that he did not know of any administrative fees for racers and noted that it was not something in the Vehicle Code. He indicated that with regard to the special safety zone, the current $30 fine tended to get the attention of the drivers. He reiterated that the charges were a Council decision, and noted that they would continue to do the enforcement. Mayor Pro Tem Schiffner noted that although some violations were an aggravation, they were not as violent as those listed. He expressed support for this item as written. Mayor Kelley indicated that she had no problem with this item. MOVED BY BRIlVLEY, SECONDED BY SCHIFFNER TO ADOPT ORDINANCE NO. 1080 UPON FIRST READING BY TITLE ONLY, AND ADOPT RESOLUTION NO. 2002-17 SETTING THE TRAFFIC OFFENDER FUND FEE. ORDINANCE NO. 1080 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADDING CHAPTER 10.76 TO TITLE 10 OF THE LAKE ~LSINORE MUNICIPAL CODE, ESTABLISHING A 'd'RAFFIC OFFENDER FUND. PAGE NINETEEN - CITY CQUNCIL MINUTES - MARCH 26, 2002 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, BUCKLEY, NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: HICKMAN, SCHIFFNER, KELLEY NONE NONE NONE RESOLUTION NO. 2002-17 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF LAKE ELSINORE SETTING THE TRAFFIC OFFENDER FUND FEE. 35. McVicker Can~n Skate Park Concession Contract- Spohn Ranch, Inc. (F:114.14) City Manager Watenpaugh noted that Community Services Director Sapp had been working with the Skateboard Park Committee, and that the Spohn Ranch representative Eric Lee was present. Chris Hyland, 15181 Wavecrest Drive, indicated that Mayar Kelley could not change public perception, and suggested that she was acting like a teenage girl. She commented that the Council was giving away $18,500 of taxpayer dollars for the concession. She noted that the City was putting up the money for the shop and trailers and expressed concern that the taa~payers would pay for the maintenance. She suggested that City staff operate the facility, and compared this Council to the one that built the baseball stadium. She suggested that the Council rethink the options and act like competent adults. PAGE TWENTY-CITY COUNCIL MINUTES-MARCH 26, 2002 Community Services Director Sapp explained that an agreement with Beach Life had been approved on January 22"d, after the process undertaken to construct the facility. He explained that both Beach Life and Spohn Ranch were interested in the operation, and the Committee wanted to give the opportunity to the local businessman. He further explained that during the week of March 11`~' he was informed that things were not going well for Beach Life and he called Spohn Ranch about the potential of taking over the operations, so negotiations were started. He also explained that he received a letter on March 19`" from Beach Life, which resulted in the proposed agreement being presented at this meeting. He introduced Eric Lee from Spohn Ranch for hispresentation. Eric Lee, representing Spohn Ranch, advised that they were one of the only full services skate park builders, and indicated that they started in this area about nine years ago. He noted that they then began holding contests and decided that they could make a living in this area. He further noted their participation which built on the X Games; and advised that they were the nation's leader in special event management. He apologized for his limited preparation for this meeting, but stressed the short time they had been involved in this project, noting that they normally do everything from the beginning to the end so this change had complicated the process. He detailed their resources for drawing interested parties to their events, and stressed that skateboard parks helped to get the kids of the streets. He noted the cost and difficulty of enforcement in commercial areas, and stressed that his company operated skate parks every day and stayed in touch with legislation and local ordinances impacting the sport. He advised that skateboarding was growing at a rate of 27% per year and stressed the level of revenue generated by the sport in Southern California. He further advised that they would be educating the youth on the skateboarding issues; and noted that while skateboarding was an individual sport, the park would allow for education and organization. He stressed the increasing popularity of the X Games and noted that the best skateboarders come from other countries, although the sport was based out of Southern California. PAGE TWENTY-ONE-CITY COUNCIL MINUTES-MARCH 26, 2002 He indicated that they were excited to work with the City and suggested that it would be a great opportunity for the City, as well as Spohn Ranch. He suggested that it was not necessarily about the money, but rather about how to train the youth to stay involved and avoid delinquency. Mayor Kelley noted that there had been extensive discussion of this item at the Agenda Review. City Manager Watenpaugh noted that Councilman Buckley had requested information on lighting costs, and advised that for the period April 1- October 31S` it was anticipated to cost $1,519 for 31 weeks, and for the period November 1- March 31S` it would be about $1,801, or $3,020 per year. Community Services Director Sapp confirmed that the costs were estimated at about $350 per hour, and noted that the life of the light bulbs was 7 or 8 years. Councilman Buckley indicated that he was not trying to be critical of the sport or park, and noted that some concerns and questions had come up. He commented that everyone had heard about Saturday's grand opening, and expressed hope that this item was not being considered merely to meet a deadline or have a party. He indicated that the City had problems in the past with this type of action, and questioned the due diligence or background checks the City practiced on the viability of concessionaires and vendors. City Manager Watenpaugh explained that 17 proposals had been sent out to qualified individuals to provide bids for construction of the site; and a contractor was hired to pour the concrete and install the fences, and the committee evaluated the seven proposals returned to select the equipment. He further explained that only two firms were interested in operation of the park. He noted that the local concessionaire had been chosen, as Spohn Ranch was a little cautious since they did not build the park. He commented that due to changes in his job, at the last minute, and the inability to get $5 million in insurance, the local firm could not provide the service. He clarified that the reason for this proposal was not to meet a PAGE TWENTY-TWO-CITY COUNCIL MINUTES-MARCH 226, 2002 party deadline, but rather to get a qualified person to run the facility. He advised that either side could terminate this agreement in 90 days. He indicated that Spotui Ranch had a good reputation, however background checks had not been done. Councilman Buckley expressed concern with the insurance aggregate of $1 million per year. Community Services Director Sapp indicated that he had good news on that issue, in that Spohn Ranch could provide $2 million in insurance, but it would cost an additional $3,000 per year. Councilman Buckley indicated that the 7% concession fee was fine. He noted that Mr. Johnson was going to put up his own capital, however, since Spohn was asking the City to pay $18,000 for a building; he could not support the concession fee being delayed. Community Services Director Sapp indicated that Spohn had requested that the concession payments start October 1 S` due to the additional cost for insurance. Councilman Buckley addressed the electricity costs on the hourly breakdown. City Manager Watenpaugh reiterated the costs. Councilman Buckley questioned if this included vacation, holiday and weekend hours. Community Services Director Sapp noted that they would probably be open until9 p.m. Councilman Buckley commented that the agreement said midnight. Community Services Director Sapp clarified that the parks close at 10 p.m., so staff had suggested that the operation not exceed 10 p.m. City Manager Watenpaugh further clarified the costs. Councilman Buckley commented that the number seemed low, and suggested it would be $4,000 in new costs, and the City would have to replace the skate surfaces. He indicated that the $2 million for insurance made him feel better, since the City was now in the business of covering electrical costs and building costs. Councilman Hickman noted that he had abstained from vote on this issue last time because he was not excited about receiving zero return on the investment. He concurred with Councilman Buckley regarding the additional costs and indicated that he would like to see the 7% start immediately. He noted that the funding was from Proposition 12, with PAGE TWENTY-THREE-CITY COUNCIL MINUTES-MARCH 26, 2002 $111,000 from the City's developer fees, so the investment was $317,000. He commented that it was good for the kids, but the City should receive some kind of equity return immediately. He expressed concern with the potential for vandalism, but-indicated that he thought the kids would enjoy it, and expressed hopes that they would. Councilwoman Brinley inquired if Mr. Lee would be putting together teams or participation and competition. Mr. Lee confirmed. Councilwoman Brinley inquired if he would help to sponsor kids for transportation to games and events. Mr. Lee explained his effort to build a team philosophy and develop an organized series of events, and that they would be sponsored to participate and promote the best. He further explained that they would also help kids seek national sponsorships, noting their connections with companies. Councilwoman Brinley inquired if there would be assistance for college education available. Mr. Lee indicated that he was not aware of any, but it was possible, although it generally helped with equipment. He noted that the majarity of professional skateboarders were 17 years old and making a living; and several between the ages of 19 and 21 were making over $1 million a year. Councilwoman Brinley inquired if they would be bringing events to the community. Mr. Lee confirmed, noting that they would draw professional events and boarders. Councilwoman Brinley inquired if they would draw television exposure. Mr. Lee noted that most events were videotaped for later showings. He clarified that because of the size of the park at this time, it would not lend itself to X-Games, but they would try to build on the name and expand. Councilwoman Brinley questioned their mark~ting program for the sport and the facility and if an article would be placc,d in the skateboarding magazines. Mr. Lee confirmed the potential for artic les as part of the marketing, as well as photos of pros in the park to help ~romote it. He indicated that the park would build its own enthusiasm. Councilwoman Brinley questioned the success of other parks of this type. Mr. Lee noted that a good example was Fort Meyers, as they were a good performer and building up to recognition. Councilwoman Brinley inquired if they would promote the local athletes and focus on local PAGE TWENTY-FOUR-CITY COUNCIL MINUTES-MARCH 26, 2002 talent. Mr. Lee confirmed and noted an association with the Girl's skate tour, noting that they would be promoting girls as well, including a free skate session for the girls only. Councilwoman Brinley requested confirmation of the safety program. NIr. Lee confirmed that it would be done through education. Councilwoman Brinley inquired if they would establish a joint program with the School District. Mr. Lee confirmed noting that they award skaters with free sessions for good grades; and noted that they were also working with a business class in the high school to get a business program going. He stressed that their business was one of action sports and noted that 95% of the employees would be from the local area. Councilwoman Brinley noted that although they had not had time to contact the school district, she would like the Council to be kept informed. Mr. Lee confirmed and noted that they would work with all grade levels from elementary school up. Councilwoman Brinley commented that she was pleased to see the 7% concession fee, and questioned the possibility of getting 3 or 4% right away and going to 7%. Mr. Lee explained that they had been rushed to get things arganized because they were just notified on the 11`~'. He indicated thatif the agreementwas signed tonight, he would have three days to come up with $25,000 worth of inventory; a computer system, a DSL line, live cam and web site. He explained that they would have 24 hour visibility and stressed the up-front investment. He reiterated that they normally build the parks and prepare them for the operation and noted the difficulty of cash flow in this situation. He further explained that he needed to hire employees, etc. Councilwoman Brinley indicated that she was very impressed with the proposal and looked forward to their ability to draw professionals to the park. She questioned the need to post notices in the business areas stating that skateboarding was no longer allowed there, and suggested a fee or fine to address the issue. She inquired if that should be included in the motion on this item. City Attorney Leibold indicated that she could investigate that issue, but noted that it was separate from the proposed agreement. Councilwoman Brinley thanked Mr. Lee for his answers and indicated if he did everything he said he would, she would support it, but noted that she would be watching to be sure it was being thoroughly promoted. PAGE TWENTY-FIVE-CITY COUNCIL MINUTES-MARCH 26, 2002 Mayor Pro Tem Schiffner commented that he did very little skateboarding, but he would support it. He also clarified that he would have no problem voting against the Mayor if he was so inclined, but in this case he would vote with her. He indicated that he had no comments on the cost of operation and suggested that there had been knit-picking about a few thousand dollars, and he would not knit-pick either way. He noted that with regard to making money on this project, a lot of similar things were done by public agencies to provide services to the public, and commented that public transportation was a good example. He indicated that he had been talked to by a lot of young people who wanted something to do and specifically requested this type of facility; and the business people had requested something to draw them away from shopping centers. He stressed that this was a service that should be provided and commented that people didn't pay to use the other parks in the City, although the City received some money for use of the lights in the ball diamonds. He suggested that if a mistake was made, it was to try to use the local person in the first place. He noted that they were now selecting the second firm that offered the service, and stressed their long history and background in the industry. He indicated that giving them a contract on short notice was to meet a date, and suggested that they were very well qualified and could have done it in the first place, and happened to have the ability to make the opening date. He further indicated that he was not concerned with when the discount started or stopped. He commented that with regard to insurance it had been researched thoroughly, and it was assumed that generally this would be adequate. He indicated that he was in fa~or of the contract as written. Mayor Kelley questioned the appropriate timing for the concession fee. Mayor Pro Tem Schiffner indicated that October ls` was fine. Mayor Kelley indicated that this had been a long four year project for her and noted that she was as enthusiastic as the kids. She stressed the need for additional activities and noted the popularity of this type of event, with ramps in the street and no safety equipment. She expressed concern with PAGE TWENTY-SIX-CITY COUNCIL MINUTES-MARCH 26, 2002 the nuisance it caused for businesses and the damage to public property. She indicated that it was unfortunate that Mr. Johnson could not proceed with the contract. She concurred with Mayor Pro Tem Schiffner that the biggerpicture was the ability to provide a service, and indicated that far outweighed the few thousand dollars between now and October. She noted that she was not aware of the intent to use video surveillance on the facility. She thanked Mr. Lee far being present to answer questions, and extended thanksto Mr. Johnson for his efforts. She also thanked City staff far working hard to pull everything together. MOVED BY BRINLEY, SECONDED BY SCHIFFNER TO APPROVE THE CONTRACT WITH SPOHN RANCH FOR MAINTENANCE AND OPERATION OF THE MCVICKER CANYON SKATE PARK; AUTHORIZE THE REPAYMENT OF $50,000 FROM THE CITY'S GENERAL FUND RESERVE TO THE PARK MITIGATION FEE ACCOUNT AND AUTHORIZE THE EXPENDITURE OF $18,500 IN PARK MITIGATION FEES FOR THE PURCHASE AND INSTALLATION OF A COMMERCIAL OFFICE TRAILER TO INCLUDE THE CONSTRUCTION OF AN ADA APPROVED RAMP AND LANDING. City Attorney Leibold requested clarification with respect to insurance and payment of concession fees. Community Services Director Sapp clarified that the Agreement with Mr. Johnson/Beach Life, required fire and property coverage. He recommended striking Part B of Section 1 L THE MAKER OF THE PREVIOUS MOTION WITHDREW IT. City Attorney Leibold clarified that the motion should include the 7% concession fee and an adjustment on the liability insurance from $1 million to $2 million, and striking the fire and property insurance requirements. PAGE TWENTY-SEVEN-CITY COUNCIL MINUTES-MARCH 26, 2002 MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY A VOTE OF 3 TO 2 WITH BUCKLEY AND ffiCKMAN CASTING THE DISSENTING VOTES TO APPROVE THE CONTRACT WITH SPOHN RANCH FOR MAINTENANCE AND OPERATION OF THE MCVICKER CANYON SKATE PARK WITH THE 7% CONCESSION FEE TO BEGIN ON OCTOBER 1, 2002, THE ADJUSTED LIABILITY INSIIRANCE REQUIREMENT AND STRIKING THE FIRE AND PROPERTY INSURANCE REQUIREMENTS; AUTHORIZE THE REPAYMENT OF $50,000 FROM THE CITY'S GENERAL FUND RESERVE TO THE PARK MITIGATION FEE ACCOUNT; AND AUTHORIZE THE EXPENDITURE OF $18,500 IN PARK MITIGATION FEES FOR THE PURCHASE AND INSTALLATION OF A COMMERCIAL OFFICE TRAILER TO INCLUDE THE CONSTRUCTION OF AN ADA APPROVED RAMP AND LANDING. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:25 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:30 P.M. WITH COUNCILMAN BUCKLEY ABSENT. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Akjile Mller, 22480 Grand Avenue, spoke in celebration of Earth Month. She encouraged the use of recycled products to help reduce debris and prevent deforestation. She addressed the future population growth and requested the Council's commitment to preventing overcrowding. She suggested that public services should include bus transportation, more shelters for buses, a light rail monarail to Sacramento and registration of historic sites. She encouraged restoration of the Regal Cinema. COUNCILMAN BUCKLEY RETURNED TO THE MEETING AT 8:31 P.M. \ PAGE TWENTY-EIGHT-CITY COUNCIL MINUTES-MARCH 26, 2002 Lorraine Watts, P. O. Box 518, read a letter of thanks from the NAACP. She thanked Councilmembers for taking the time to tour the downtown area as part of the first phase of their project to beautify the community. She noted that the NAACP membership had concerns for boarded up houses, dirty lots and buildings that should be torn down. She indicated that she was very impressed by the response and attention to their concerns. She stressed that many of the homeowners in the downtown area took pride in the community, and the absentee property owners tended to own the problem properties. She also read a letter of thanks to the Community Services Department for the use of the City bus for their tour. Jim Morris, 15220 Golden Sands, indicated that he was happy to hear that something good was happening with the skatepark. He advised that he was working with a group from the police department and highway patrol on the "Ticket to Ride" program to encourage safety. He noted that the event would be held on May 4~' and encouraged Mr. Lee to get involved with the program. He indicated that there was nothing wrong with making money on recreational things and suggested using vacant properties far a golf course and noted the potential employment factars and revenues. He suggested that it would be a real opportunity for the City, which could provide a 365 day a year benefit to the community. Bill Tucker, 740 Acacia, noted that his new tackle shop was open at 200 S. Main Street. He expressed concern that the $15 million bond received for the lake was being spent on a guy from Georgia to take carp out of the Lake. He suggested that this was not a wise endeavor, and commented that it would require very little cheap advertising for Carp Tournaments. He further suggested paying people to fish as an alternative. Mayor Kelley noted that this was a matter of about one million pounds of Carp and Shad. Mr. Tucker noted that other fish were spawning and good fish would also be killed. Mayor Kelley clarified that they would be sorting the fish and loose less than 1% of the good fish. Mr. Tucker disagreed and expressed concern that a lot of fish would be killed. PAGE TWENTY-NINE-CITY COUNCIL MINUTES-MARCH 26, 2002 Loy Stephens, 112 S. Lowell Street, further addressed the fish removal issue discussed by Mr. Tucker. He presented a proposal he developed based on what he saw when he lived in the Phoenix area. He reiterated the possibility of tournaments with local sponsorship to fish out the Carp. He commented with regard to killing only 1% of the other species, that it would be hard to believe with fish moving up to spawn. He stressed that netting the shallows would destroy a fishery that had been a long time in the making. He stressed the size of the existing fish in the Lake which attract fishermen. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Indicated that he would investigate the Carp issue. 2) Advised that staff was also excited about the potential for a golf course and would continue to pursue it. 3) Thanked Ms. Watts for the NAACP tour of the area and confirmed that staff would respond. 4) Expressed respect for Mayor Kelley's youthful vision for the community and support of the youth. 5) Commended Councilwoman Brinley for her vision in working with the community. 6) Thanked Mr. Lee arid City staff for bringing the contract so quickly. CITY ATTORNEY COMMENTS City Attorney Leibold advised that the Council met in Closed Session at 5:00 p.m. and discussed Item C as listed on the agenda with no reportable action. She further advised that Items A and B were not and would not be discussed at this meeting. She also advised that at the conclusion of this open session the Council would return to Closed Session for discussion of Items D and E as listed on the Agenda. PAGE ~'HIRTY-CITY COUNCIL MINUTES-MARCH 26, 2002 COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Hickman commented on the following: 1) Thanked "Curves for Women" for their participation in the HOPE food drive. 2) Thanked Lorraine Watts and the NAACP for their tour of the downtown area. He indicated that it was educational and a history lesson at the same time. 3) Expressed sympathy to the Hugh Walker family, and thanked J.J. Swanson for assisting the family. 4) Commended the Elsinore Women's Club on their bar-be-que and recognized the cooks. 5) Noted that he represented the City at the Student of the Month event and commented that it was very rewarding to see the kids excelling. 6) Advised that he attended the Chamber of Commerce Meeting and noted that they worked well together and accomplished a lot. 7) Commented that the new Skate Park Concessionaire was much better than the first, and indicated that the first contract was a mistake. He looked forward to the park's success. 8) Commented on his son's involvement in the Army. PAGE THIRTY-ONE-CITY COUNCIL MINUTES-MARCH 26, 2002 Councilman Buckley commented on the following: 1) Indicated that staff was still working on the Country Club Heights Overlay District, and noted that it would make it easier to develop and build in the area. He also noted that the lots were going for $5,000 to $7,000 at the last tax sale. 2) Indicated that the CARP Derby was an excellent idea, but the netting was going to proceed anyway. He suggested working to sponsor a derby the week before the netting. He stressed that the Carp would not stay out of the Lake, and suggested that the derbies could be used for maintenance. 3) Addressed the skate park issue and indicated that his earlier comments were not directed at Spohn Ranch. He noted that it was his ', ' responsibility to keep the City out of tough spots. He stressed that no tax dollar is a pittance. Councilwoman Brinley commented on the following: 1) Thanked Community Development Director Brady, Police Chief Walsh, David Cheney and the Rotary Club for their support of the RTA and bus benches. She commended them for giving back to the community through scholarships. 2) Addressed Mrs. Watts and indicated that she was glad she had the pleasure to go out with NAACP and address the areas of concern. She noted that the busses used for the tour were provided by the Transportation Now Coalition. 3) Indicated that the RTA would be holding a public hearing tomorrow at 5:30 p.m. to address concerns for local public transportation. She encouraged participation. PAGE THIRTY-TWO - CITY COUNCIL MINUTES - MARCH 26, 2002 4) Extended condolences to the Hugh Walker family and noted his contributions to the community. She noted that both he and his wife would be missed. 5) Wished everyone a happy and safe Easter. Mayor Pro Tem Schiffner commented on the following: 1) Addressed the issue of a golf course and indicated that he was pleased to announce that the City was negotiating with someone for such a project. He noted that it would cost the developer about $20 million to build and stressed the City's inability to fund such a project. 2) Wished everyone a happy Easter. Mayor Kelley commented on the following: 1) Announced the upcoming events as follow: May 4- Ticket to Ride - Diamond Stadium March 30 - Easter Egg Hunt - 10 a.m. to 2 p.m. - McVicker Park March 30 - Skate Park Dedication - 2 p.m. - McVicker Park Apri13 - Storm vs. San Diego State E~ibition Game - 7:05 p.m. Apri15 - 7 - Circus Chimera Apri16 - Household Hazardous Waste Collection 9 a.m. to 2 p.m. Apri17 - Open Air Market - Downtown Apri17 - Historical Society Yard Sale. March 29 - Neighborhood Pride Program Nomination Deadline 2) Offered Condolences to the Hugh Walker family and noted that he was a fascinating gentleman. 3) Thanked Lorraine Watts for her input and promised to provide the requested information. PAGE THIRTY-THREE-CITY COUNCIL MINUTES - MARCH 26, 2002 4) Offered kudos to the Police Department, noting an unfortunate situation witnessed by the City Treasurer. She noted the Treasurer's compliments for the Police Department and their professionalism in handling the incident. Mayor Pro Tem Schiffner further commented on the following: 1) Addressed the fish removal and indicated that while he coulzl appreciate the concerns expressed about the Carp and game fisl-x, this was the safer of the two possible alternatives; as the other way was to poison and kill everything in the Lake. He noted that the other options was very expensive and would require killing everything from Lake Elsinore to Lake Hemet. He noted that this removal would be done for two years in a row, and commented that it had been approved by State Fish and Game as they were satisfied that it would not be destroying game fish. He stressed that consideration was given to other options, but the final decision was made by a lot of people. THE CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 9:01 P.M. THE CITY COUNCIL RECONVENED IN REGULAR SESSION AT 9:16 P.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY BUCKLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:16 P.M. PAGE THIRTY-FOUR - CITY COUNCIL MINUTES - MARCH 26, 2002 ATTEST: :~ ~ I. ~.~..~2,.._ "vI~ 'KI tiASAD; CM , CITY CLERK/ HiINiAN I2l~SOURCES DIRECTOR CITY ~JF LAKE ELSINORE i~ ~~ ~~ E KELLEY, MAYO~ OF LAKE ELSINORE