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HomeMy WebLinkAbout06-26-2001 City Council Minutes1tiIINUT'ES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 26, 2fl01 ~~,~~~~~~~,~~~,~~**~~,~~~:~*,~~*~~~~,~~~~~~,~~~,~~:~~~,~~~:~,~~,~~~,~~,~~~*~~*~*~,~ CALL TO ORDER Mayor Schiffner called the Regu.lar City Council Meeting to order at 5:00 p:m. ROLL CALL PRESENT: COUNCILMEMBERS: BRINI.EY, KELLEY, PAPE, SCHII~"FNER ABSENT: COUNCII.MEMBERS: METZE Mayor Schiffner noted that Councilman Metze's absence was excused due to illness. ' Also present were: Ciry 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, Deputy City Cierk Bryning. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore v. Elsinore Valley Municipal Water District (Riverside Superior Court Case # To Be Announced) 2. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) City of Lake Elsinore; Redevelopment Agency of the City of Lake Elsinore v. Diamond , Sports & Entertainment LLC et al (Riverside Co. Superior Court Case #356131) , PAGE TWO - CITY COUNCIL MEETING - JUNE 26, 2001 , 3. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Subdivision (a) of Gov't Code §54956.9) Liberty Founders, LLC v City of Lake Elsinore, et al (Riverside Co. Superior Court Case # 355890} City Attonciey Leibold announced the Closed Session discussion items as listed above. THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED SESSION AT 5:02 P.M. THE CITY COUNCIL COMPLETED ITS CLOSED SESSION DISCUSSIONS AT 6:45 p.m. RECONVENE PUBLIC SESSION ('7:00 p.m.) THE REGULAR CITY COUNCIL MEETING RECONVENED IN PUBLIC SESSION AT 7:06 P.M. PLEDGE OF ALLEGIA,NCE City Manager Watenpaugh led the Pledge of Allegiance. INVOCATION Pastor Gary Ennis of the Lambs Fellowship Church provided the Invocation. Mayor Schiffner commented on the beautiful amphitheater that the Lambs Fellowship Church built on Railroad Canyon Road. He noted that it was the church's intent to use the facility for both public and private functions. ROLL CALL PRESENT COUNCILMEMBERS: BRiNLEY, KELLEY, PAPE, SCHIFFNER ABSENT: COUNCILMEMBERS: METZE PAGE THREE - CITY COUNCIL MEETING - JUNE 26, 2001 Mayor Schiffner noted for the pubiic that Councilman Metze's absence was excused due to illness. 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, Informarion/Communication Manager Dennis, Recreation and Tourism Manager Edelbrock,`City Treasurer Ferro andDeputy City Clerk Bryning. PRESENTATIONS A. Proclamation - Park and Recreation Month. Mayor Schiffner read and presented a proclamation to Recreation and Tourism Manager Edelbrock for Park and Recreation Month. Ms. Edelbrock thanked Council for the recognition and noted the City and staff s commitment to Parks and Recreation, which improve the quality of life in the communiry. She noted the new Teen Center and Skate Park as well as two new parks that will soon be under construction. B. Presentation - What is WRCOG. Rick Bishop, Executive Director of Western Riverside Council of Governments presented a power point program for Council and the community. He provided an overview of the Western Riverside Council of Government Mission Statement; defined COGs; discussed growth in Western Riverside County; defined the Committee Structure; presented an overview of the Major Program Activities for 2001; listed what was new on the horizon; and presented an overview of the funding for Western Riverside Council of Government. C. Presentation - Regional TiJMF Fees. Ruth Anne Taylor Berger of WRCOG presented a power point program illustrating the following: What is a TLJMF; The Purpose and Need; TUMF PAGE FOUR - CITY COUNCIL MEETING - JUNE 26, 2001 Committees; Regional System of Highways & Arterials; Order of Magnitude Cost; Estimated Network Cost; Fee Methodology; and Critical Time Path. City Manager Watenpaugh noted that the MSHCP had not been approved and asked how WRCOG was dealing with the number of units and the impact the MSHCP would have on the different communities. Ms. Berger stated that her group consulted with the Planning Directors and they consulted a wide variety of numbers and selected the SCAG data. D. Presentation - Lake Elsinore San Jacinto Watershed Authority. Mark Norton, Executive Directar of the Lake Elsinore San Jacinto Watershed Authority addressed how the JPA was formed and a brief background of the history of the JPA. He expiained that the goals were as follows: 1. To work cooperatively with all stakeholders to rehabilitate, improve and maintain the beneficial uses of the waters within Lake Elsinore and the San Jacinto River Watershed. 2. To obtain a sustainable water supply that will provide a stabilized lake level for Lake Elsinore. 3. To protect and enhance the recreational and natural resources within Lake Elsinore and the San Jacinto River Watershed. Mr. Norton presented an overview of the budget and defined the following: 1. Completion of the EIR. 2. Feasibility Studies and programs completed. 3. Projects and Management that would be instituted. He noted that the regulatory agencies ha~e listed Lake Elsinore and Canyon Lake as impaired water-bodies. He stated that SAWPA was committed to each of the member agencies to do a11 that was possible to accomplish the goals of the LESJWA and would be working with Council to achieve the goals and programs that ha~e been proposed. PAGE FIVE - CITY COUNCIL MEETING - JLINE 26, 2001 Mayor Pro Tem Brinley commented that the City had moved forward in funding projects and noted the matching funds that had been received by Congessman Calvert. Mr. Norton commended Mayor Pro Tem Brinley and Lake Operations Manager Pat Kilroy for their dedication to the Lake Elsinore-San Jacinto Watersheds Authority. Mayor Pro Tem Brinley noted the importance of moving forward since the projects were on a two-year timeline to use the funds or they would be lost. She stated that Lake Elsinore was pulling their fair share and then some on this project. Mr. Norton concurred. Councilman Pape stated that it sounded as though the bureancratic red tape had been resolved, and now the project could move fonvard. Mr. Norton confirmed. Councilman Pape ciarified the projects that were proposed in the near future. Mr. Norton clarified the proposed future projects: Councilman Pape addressed the Fill and Operate Agreement and noted the responsibility of EVMWD for the Island Wells. Mr. Norton clarified the position of the LESJWA and the status of the Island Wells. City Manager Watenpaugh clarified that one of the items that the Regional Board was addressing was monitoring the watershed to discover what the nutrient sources were; deternune what the T'MDL requirements were; and resolve the impairment of the watershed and lakes. Mr. Norton confirmed. There was discussion regarding the use of reclaimed water. Mayor Schif~ner questioned the time line. Mr. Norton clari~ed the process for funding far the projects. Mayor Pro Tem Brinley thanked Mr. Norton for his presentation and asked that he announce the LESJWA 1Vleetings. Mr. Norton stated that the Lake Elsinore San Jacinto Watershed Authority meets the 2nd Thursday of every month at City of Lake Elsinore, City Hall, at 2:00 p.m., and the public was welcome. PAGE SIX - CITY COITNCIL MEETING - JIJNE 26, 2001 PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item No. 6 CONSENT CALENDAR ITEMS Councilman Pape stated that he had an emergency item to add to the Agenda, which would be identi~ed as Item No. 33. He e~cplained that it addressed Supervisorial District lines for the County of Riverside. He noted that the County had faxed information regarding the County Board of Supervisor`s Meeting addressing Districts, to be held on July 10, 2001, which leaves no time for City Council discussion and considerarion, unless it could be added to this meeting. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD AS AN EMERGENCY ITEM, NO. 33 - DISCUSSION OF SUPERVISORAL DISTRICTS FOR THE COUNTY OF RIVERSIDE. Mayor Pro Tem Brinley asked that City Council continue Item No. 7, addressing the Settlement AgreementlTMP Development, as requested by the Ciry Attorney. MOVED SY PAPE, SECONDED BY BRINELY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO CONTINUE ITEM NO. 7- SETTLEMENT AGREEMENT/TMP DEVELOPMENT TO THE JULY 10, 2001, REGULAR MEETING OF THE CITY COUNCII,. MOVED BY BRINI.EY, SECONDED BY KELLEY AND CARRIED BY UNA1vIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF TAE CONSENT CALENDAR AS PRESENTED. , PAGE SEVEN - CITY COUNCIL MEETING - JUNE 26, 2001 1. The following Minutes were approved: a. Joint Study Session - June 7, 2001. b. Joint Study Session - June 12, 2001. a Regular City Council Meeting - June 12, 2001. The following Minutes were received and filed: d. Planning Commission Meeting - June 6, 2001 e. Design Review Committee Meeting - June 6, 2001 2. Ratified the Warrant List for June 15; 2001 3. Adopted Resolution Nos. 2001-15, 2001-16 and 2001-17 as presented by the District Engineer and Set for Public Hearing on July 24, 2001 the City Wide Lighting and Landscaping Maintenance District - FY 2001-02. RESOLUTION NO. 2001-15 RESOLUTION OF TFIE CITY COUNCIL ORDERING THE PREPARATION OF PLANS, SPECIFICATIONS, COST ESTIMATE, DIAGRAM, ASSESSMENT AND REPORT PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF TI3E STREETS AND ffiGFIWAYS CODE OF THE STATE OF CALIFORNIA, FOR PROCEEDINGS FOR TFiE ANNUAL ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT. RESOLUTION NO. 2001-16 A RESOLUTION OF THE CITY COUNCIL APPROVING THE ENGINEER'S REPORT FOR TAE ANNUAL LEVY OF ASSESSMENTS FOR FISCAL YEAR 2001-02 IN A DISTRICT WITHIN SAID CITY. , PAGE EIGHT - CITY COUNCIL MEETING - JUNE 26, 2001 RESOLUTION NO. 2001-17 ~ A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVTDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PART 2 OF THE STREETS AND ffiGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETTNG AND PUBLIC HEARING THEREON. 4. Approved the Annual Review of the Investment Policy and noted the changes. 5. Adopted Resolution No. 2001-18 setting the City's Appropriation Limit for Fiscal Year 2001-02 (Proposirion 4). RESOLUTION NO. 2001-18 A RESOLUTION OF THE CITY COUNCIL OF TAE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLiSHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-02 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE CALIFORNIA GOVERNMENT CODE. 8. Transfer of Properly for B-1 Drainage facility to Riverside County Flood Controi and Water Conservation District. 9. Approved Final Tract Map 23848-9 and authorized signature of documents and necessary recordation. PAGE NINE - CITY COUNCIL MEETING - JLTNE 26, 2001 11.Adopted Resolution No. 2001-19 approving the Budget for Fiscal Year 2001-2002. RESOLUTION NO. 2001-19 A RESaLUTION OF THE CITY COUNCIL OF THE CITY OF : LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE BUDGET FOR FISCAL YEAR 2001-02 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTI3 THEREIN. 12. Approved the Landscape Maintenance Agreement Between the City of Lake Elsinore and Pardee Construction Co. (Phase I) and authorized the Mayor to execute. 13. Approved the Amend Lega1 Service Agreement for the City Council and the Redevelopment Agency Board. 14. D'uected the City Attorney and the Community Services Director to negotiate with the Historic Society for a long-term lease for use of the basement of the Cultural Center. 15. Approved for Public Hearing on Ju1y 10, 2001 the following: a. A request for Zone Change from C-1 (Neighborhood Cornmercial) to C-2 (General Commercial). The project is located on Mission Trail in an existing shopping center known as Heritage Plaza. PUBLIC HEARINGS 21. Desi~ Review Industrial Project No. 2001-O1, located on Collier Avenue APN 377-151-061~ Mayor Schiffner opened the public hearing at 8:18 p.m. Ciry Manager Watenpaugh introduced the item. PAGE TEN - CITY COUNCIL MEETING - JUNE 26, 2001 Community Development Director Brady stated that tlie item before Council was a Design Review for a project located adjacent to Collier Avenue and 3`d Street. He indicated that the project consisted of two tilt-up buildings totaling approximately 29,000 square feet. He noted that the Planning Commission reviewed the project and recommends approval. He further indicated that there wera two issues discussed which were the circulation associated with the project and the adjacent parcel located directly on the corner of 3id and Collier. He e~cplained that there was a requirement that those two properties had a reciprocal access between them. He indicated that both property owners expressed concern about having access between the two properties and would prefer not to have access if it were not necessary. Community Development Director Brady indicated that staff made a review of the project and consulted the Fire Department and it was determined that there was no need to have the access except for emergency purposes. He explained that the Planning Commission agreed not to ha~e access for circulation for access purposes, however it would be included as an emergency access point between the two properties with a gate installed to prevent public access. He explained that the other issue was a design issue and the applicant did redesign the location of the building, which resulted in two eatra parking spaces. Community Development Director Brady indicated that one building was 16,000 square feet in size, and the other building would be almost 13,000 square feet in size to be divided into smaller units for various types of industrial businesses and uses. He stated staff recomrnended that Council concur with the Planning Commission's findings. There was general discussion regarding the map e~ibit. Community Development Director Brady indicated that the developer was willing to place anti-graf~ti coating on the walls. Tomislav Gabric and Associates, the architect, addressed the project and stated that he agreed with the Findings and Conditions of the project. Mayar Schiffner asked if anyone else wished to speak on the project. Hearing no further requests to speak the pubic hearing was closed at 825 p.m. ~ PAGE ELEVEN - CITY COUNCIL MEETING - JUNE 11, 2001 Mayor Pro Tem Brinley commented that the item had been before Plamiing Commission twice and she felt that they had done a thorough job with the review of the project and she had no problem with theproject. Councilman Pape noted that this project would bring 29,000 square feet of industrial space and provide more iocal jobs; therefore he was in fa~or of the pro~ect. Councilwoman Kelley felt that a11 of her concerns had been met and she had no problem with the project. Mayor Schiffner stated that he felt that the Planning Commission had done a- complete review and noted that Pianniug Commission liad recommended approval. MOVED BY BRINLEY SECONDED BY KELLEY f1ND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE DESiGN REVIEW FOR INDUSTRIAL PROJEGT NO: I 2001-O1 FOR AN INDUSTRIAL COMPLEX CONSISTING OF TWO BUILDINGS BASED ON TFIE FOLLOWING ~INDINGS AND CONDITIONS OF APPROVAL: 1. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. 2. The project complies with the design directives contained in Section 17.82.060 and other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with condirions, have been incorporated into the approvai of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. PAGE TWELVE - CITY COUNCIL MINUTES - JUNE 26, 2001 CONDITIONS OF APPROVAL PLANNING DIVISION 1. Design Review approval for Industrial Project No. I 2001-Oi 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 eatension 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 Plan Check. All Conditions of Approval sha11 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 plars ar building elevations sha11 be subject to the review of the Community Development Director. All plans submitted for Building Division P1an Check sha11 conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission/City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development sha11 be architecturally screened ar shielded by landscaping so that they are not visible from neighboring property or public streets including Collier Avenue. Any material covering the roof equipment sha11 match the primary wall color. 5. All exterior on-site lighting shall be shielded and directed on-site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 6. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `A' loading zones (12' x 20'). PAGE THII2TEEN - CITY COiTNCIL MINUTES - JUNE 26, 2001 7. Applicant sha11 meet ADA (Americans with Disabilities Act) requirements. A minimum of three (3) handicap spaces are required. 8. A six-foot (6') wrought iron fence sha11 be constructed around the perimeter boundary of the project, excluding the buildings: The fence shall be constructed at the toe of the slope along Collier Avenue. 9. Trash enclosures sha11 be constructed per City standards as approved by the Community DevelopmentDirector. lO.No exterior roof ladders shall be pernutted. 11.Applicant shall use roafmg materials with Class "A" fire rating. 12.A11 exterior downspouts shall be painted to match with building exterior color. 13.The Planning Division sha11 approve the location of any consiruction trailers utilized during construcrion. All construction trailers sha11 require a cash bond processed through the Planning Division. 14.Materiais and colors depicted on the plans and rnaterials board sha11 be used unless modified by the applicant and approved by the Community Development Director or designee. 15.(3n-site surface drainage shall not cross sidewalks. 16.Parking stalls shatl be double-striped with four-inch (4") lines two feet (2') apart. 17.The Community Development Director or designee sha11 approve all signs for the project. 18.A11 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. PAGE FOURTEEN - CITY COUNCIL MIN [7TES - JUNE 26, 2001 18a. The access driveway shown along the southwest property line shall be used for emergency access only. Methods of blocking the access shall be under the discretion of the Community Development Drrector, ar designee. 18b. Building One's northeast wall facing Collier Avenue and Building Two's southwest wall facing Minthorn Street shali be coated with a"liquid tile" anti-graffiti material. PRIOR TO BUILDING/GRADING PERMITS 19.Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an"Acknowiedgement of Conditions" form and shall return the executed original to the Planning Division for inciusion in the case records. 20.The applicant shall submit 8'h x 11 or 8'/2 x 14 reductions of a11 plans prior to issuance of building Permits. 21.Three (3) sets of the Final Landscaping/Irrigation Detail Plan sha11 be submitted, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of building pernut. A Landscape Plan Check & Inspection Fee will be charged prior to fmal 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 twenry-four-inch (24") box in size. c) All planting areas sha1I be separated from paved areas with a six-inch (6") high and svc-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 COiTNCIL MIN UTES - JUNE 26, 2001 e) Landscape planters sha11 be planted with an appropriate parking lot shade tree to provide for 50% parking lot shading in fifteen (15) years. fl Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. g) The landscape plan shall provide far ground cover, shrubs, and trees and meet a11 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 sha11 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 approvaUacceptance by the Landscape Consultant and Community Development Directar 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 pianting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Finallandscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 22.Plant palette sha11 substantially match the neighboring plant palette featured along Collier Avenue. 23.Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shail be presented to the Chief Building Official prior to issuance of building permits and fmal approval. PAGE SIXTEEN - CITY COUNCIL MINiJTES - JiJNE 26, 2001 24.Prior to issuance of building pernuts, applicant sha11 provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 25.Prior to issuance of building permits, applicant sha11 provide assurance that all requirements of the Riverside County Fire Department have been met. 26.Prior to issuance of bailding permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. ENGINEERING DIVISION 27.A11 Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to building pernut. 28.Dedicate a~. S ft. wide strip of additional street right-of-way along the frontage of Collier Ave. to the City prior to issuance of building permit. 29. Sidewalks will be required to be constructed along Coilier Avenue. 30. Street improvement plans and specifications shall be prepared by a Ca1if. Registered Civil Engineer. Improvements shali be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34}. 31.If the existing street improvements are to be modified, the e~sting street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit wiil be required to do the work. 32.The 26 ft. easement far access to Parcel 29 must be approved by the Riverside County Fire Department prior to building permit. The access easement must be fully pa~ed prior to certificate of occupancy. 33.A 13 ft. access easement must recorded on Parcel 28 for access to Parcel 29 prior to building permit. PAGE SEVENTEEN - CITY COUNCIL MINUTES - JUNE 26, 2001 34.Buildings cannot be constructed on the 10 ft. public utility easement along the southeasterly property line. 35.Pubiic right-of-way dedications shall be prepared by the appiicant or his agent. Deeds sha11 be submitted to the Engineering Department far review and approval prior to issuance of building permit. 36.Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85-26). 37.The applicant shall record a CC&R that provides for irrevocable reciprocal, circulation, ingress and egress and maintenance of the access easement m fa~or of all lots. The CC&R shail be approved by the Community Development Director and sha11 be recorded with prior to building permit. 38.Submit a"Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements ha~e been made for this proj ect. Submit this letter prior to applying for a building permit. 39.The applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading pernut issuance. 40.If grading exceeds 50 cubic yards or the e~sting 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 sha11 obtain a grading permit and post appropriate security: 41.Provide fire protection facilities as required in writing by Riverside County Fire. 42.On-site drainage sha11 be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 43.A11 natural drainage traversing the site sha11 be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 44. Roofs should drain to a landscaped area whenever feasible. PAGE EIGHTEEN - CITY COITNCIL MINUTES'- JUNE 26, 2001 45.Meet all requirements of LEMC 15.64 regarding flood hazard regulations. 46.Meet all requirements of LEMC 15.68 regarding floodplain management. This site is in Flood Zone AO and the building pad must be 1 ft. above the adjacent grade. 47.The applicant to provide FEMA elevation certificates prior to certificate of occupancies. 48.Contribute $8,150 for the design and construction of one-half of a raised landscaped median along the frontage of Collier Avenue prior to buiiding permit. 49.Developer sha11 contribute $2,000 toward the design and construction of a traffic signal at Collier Ave. and Chaney Street priar to building permit. This development will increase traffic at the intersection at least 1.5 % and should contribute 1.5 % toward construction. SO.AII waste material, debris, vegetarion and other rubbish generated during cieaning, 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 appiicant 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 weighmaster tickets. BUSINESS ITEMS 31. Assembly Bili No. 13XX. City Manager Watenpaugh e~lained that the item was a request from Assemblyman Hollingsworth for support for his Assembly Bill No. 13XX. He explained that the Bill proposes that public entities and public utilities PAGE NINETEEN - CITY COiJNCIL NfINUTES - JUNE 26, 2001 seek out publicly owned land as opposed to eminent domain for private properties. He indicated that the Bill would require that public property first be sought prior to pursuing eminent domain. Tom Rogers, Field Representative for Assemblyman Hollingsworth, indicated that when the utility companies were asked why they choose private property, the reply was that it was easier to proceed through private land using eminent domain than to proceed through pubtic land. He noted that the Bill was a very simple Bill and states that the first choice should be public 1and. He commented that the Counry of Riverside has over 50% of its land usage to public use and habitat and if the transmission lines proceed over private land, the azea under the transmission lines become public land as well. He stressed that the Bill states that first consideration would be given to pubic land since the transmission lines would not hurt human beings, then they would not hurt K-Rats. Mayor Pro Tem Brinley asked what would be considered public land. Mr. Rogers indicated that it would address Federal, State and regional parks. He commented that the Bill would encourage utility companies to consider large areas of public land versus private land for installation of transmission lines. He noted that there was such a smail amount of land left for private development due to the Habitat requirements that it was more important than ever before to utilize public land. Mayor Pro Tem Brinley thanked Mr. Rogers. Mayor Schiffner asked if there would be a problem with running utility lines over a habitat. Mr. Rogers stated that the ideal area would be over habitats. He noted that in the area of transmission lines private land was more endangered than public lands. He indicated that transmission lines over habitat were a compatible use. He noted that public land had strong protections where as private land did not. He presented other examples of desirable locations for the locarion of transmission lines. MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE LETTER OF SUPPORT FOR ASSEMBLY BILL NO. 13XX AND AUTHORIZE THE MAYOR TO EXECUTE THE LETTER. PAGE TWENTY - CITY COiTNCIL MTN(1TES - J[1NE 26, 2001 32. WRCOG - Regional 'I'LTMF. City Manager Watenpaugh presented an overview of the request for funding for the EIR for the Regional TL)MF fee. He indicated that one of the concerns of the City was there was no local TCTMF and the City was in the process of initiating that action. He noted that Councilwoman Kelley, Cornmuniry Development D'uector Brady and himself ha~e been attending the TiIMF Meetings and indicated that there are some concerns. He explained that the County was ahead of the City and they have requested $2,424 as an additional share from Lake Elsinore to continue research and development of the Ragional Traffic Mitigation Fee. Rick Bishop, D'uector of WRCOG presented an overview of the "Due" structure for each jurisdiction and indicated that the money would be used to continue with the consulting process to add detail to the Regional Traffic Uniform Mitigation Fee. City Manager Watenpaugh asked that in tertns of establislung a TIJMF, what type of impact would it have on trying to reissue the Measure "A"-'h cent. Mr. Bishop stated that there had been no formal commitment. He noted that the Measure "A" and the TLJMF' compliment each other and if the Measure were to be authorized it would certainly be bolstered by the T`CJMF. He explained that Measure "A" was looking at defined projects and the T[JMF would "in fill" to accommodate future growth. Mayor Schiffner questioned if the Measure "A" Funding would assist in the 1'LJMF Fees. City Manager Watenpaugh stated that he did not think the Measure "A" funds would be used for the "TIJMF, since they were separate but joint. Mayor Schiffner noted the notation in the Budget far Measuxe "A" funds. Ms. Berger stated that there had been some discussion that a percentage of the Measure "A" funds would be used for the TI11vIF, however not the entire City portion. Counciiman Pape stated that as the Ciry's representative on the Transportation Commission there had been some discussion regarding the TiIMF and explained that it was thought that a portion of the cities allocated PAGE TWENTY-ONE - CITY COUNCIL M.iN UTES - JUNE 26, 2001 funds would be used as an incentive to provide some matching funds, however it was not restricted to local or RegionaL He indicated that if at some time the City ixnplemented its own City Wide 'TUMF fee it would be adequate to gain matching dollars. He commented that if the City of Lake Elsinore were looking at starting their own City Wide TUMF fee, he would rather support that, rather than a Regional T'UMF. He stated that he would rather wait and see what the City comes up with on our own study far TIJMF and defer this item unril our study was done. Mayor Pro Tem Brinley noted that the City TiIMF should be done and returned to Council for review in September. Ciry Manager Watenpaugh clarified .the time line and stated that first review would be done in ` September. Mayor Pro Tem Brinley stated that she would prefer to wait for the City's study and consider a fmal decision regard'mg the Regional TUMF. City Manager Watenpaugh asked how many other cities ha~e adopted an interim fee for a proposed TLTMF. Ms. Berger stated that no interim fee had been adopted at this time. She noted that the interim fee could be charged as long as the money was held until the nea~us was complete and that had not been done. City Manager Watenpaugh stated that he thought that Temecula, San Jacinto and Hemet had adopted an interim fee for a"set-aside" subject to the fmal recommendation. He clarified the fee structure for a local or regional TUMF'. Councilwoman Kelley noted the changes on the maps since she had last seen them. She indicated that from the beg'uming there were concerns regarding the TUMF. She stated that some of the cities were concerned with which city would get what and when; the sheer amount of projects in some azeas versus some other areas; and whether the City's TUMF fee would cover what was included in the T`UMF fee for the City itself. She further indicated that she would like to see the City's study pushed to the forefront before the City gets more involved in this study. She stated that the amount has grown quite a bit from the original. She stated that she would support waiting until our own study was done. PAGE TWENTY-TWO - CTTY COUNCIL MINIJTES - JLTNE 26, 2001 Mayor Pro Tem Brinley stated that when she examined the map it appeared that the priorities were placed in Riverside and not in other areas. She stated that the map as well as other issues in the Regional cause her some concern. Mayor Schiffner noted that the City was considering setting their own fees and it appears that it was the consensus of Council that they wished to complete the City's study prior to getting involved in any further commitment to the Regional TiJMF. He stated that if it were the decision to reject this request, it did not mean that it was a total rejection, but rather a delay. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRTED BY UNANIMOUS VOTE OF THOSE PRESENT TO TABLE THE REQUEST FOR ADDITIONAL FUNDING OF $2,424.00 FOR TAE SOUTAWEST REGIONAL TRAFFIC UNIFORM MITIGATION FEE. 33. Discussion of Supervisorial Districts for The Countv of Riverisde . City Manager Watenpaugh indicated that in yesterday's newspapers staff noted an article that showed a proposed redistricting and later in the afternoon the City received a staff report from the County regarding the issue. He stated that he had just learned that the information could be accessed from the web page for a more accwate map. He explained that it would appear from the map presented that the City would be partnered with a section of Riverside at Temescal Canyon; Wildomar, Cleveland Ridge and Lake Elsinore with Bob Buster with a split in a section of Highway 74 by the Hall AnnexationlNorthpeak; and half of Canyon Hills would be in DisMct 2. He further e~cplained that it would appear that the City would be in three Districts with the major population in Riverside. He noted that it does not follow the City's Economic Report for growth or quality of life. He further noted that it does not partner the Ciry of Lake Elsinore with Western Riverside County, but rather with Riverside proper. He suggested that Councii appoint a sub-committee to a11ow some type of response prior to July 10~'. Mayar Schiffner stated that it was his intent to appoint himself and Councilman Pape to look into the situation and report back. He noted that PAGE TWENTY-THREE - CITY COLINCII.IVIINLTTES - JIJNE 26, 2001 there would be a public hearing on the matter prior to the ne~.t City Council Meeting and he felt that the City should gain more information to address the issue. MOVED BY BRIlVLEY, SECONDED BY KELLEY TO APPROVE THE APPOINTMENT OF MAYOR SCAIFFNER AND COUNCILMAN PAPE TO THE COMIVIITTEE TO ADDRESS SUPERVISORIAL DISTRICTS. City Attorney Leibold noted that the scheduled pubiic hearing by the County Boazd of Supervisors would talce piace prior to the City's next regularly scheduled meeting, therefore it was her understanding that the staff and the sub-committee be given the authority and direction to prepare comments and attend the public hearing. Council concurred. Councilrnan Pape stated that ha~ing seen the paper Saturday, he had the opporturtity to visit with a couple of the Supervisors and they were willing to discuss the issues with the City and are open to the City's ideas and concems. He noted that it was obvious that ha~ing a city of 30,000 people split three ways between three Supervisors was not logical. He commented that the City of Lake Elsinore has very little in common with the City of Riverside proper and that basically makes up the Disirict population wise. Canyon Lake, Murrieta and Temecula are in District 3 and would split up the area in an improper way. He stated that it would be wise to meet with the Supervisors and work out a solution to better serve the citizens of the community. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE OF THOSE PRESENT. ITEM PULLED FROM THE CONSENT CALENDAR 6. Parks and Recreation Assessment Bene~t Anal.ysis Study_ City Manager Watenpaugh explained that Item No. 6, which references staff recommendation to move forward with the Parks and Recreation Assessment District study. He stated that what staff was requesting of Council was to authorize $22,100 to move forward with a Benefit Assessment review: He PAGE TWENTY-FOUR - CITY COUNCIL MINUTES - JUNE 26, 2001 indicated that Harris and Associates would be hired to put together a Benefit Assessment to determine what kind of Park Assessments should be addressed and what Assessments could be attributed to the City's parks to relieve the General Fund. He stated that if the Study was done and it was determined by Council to be of bene~t to the City, then Council would ha~e to approve an Engineer's Study; de~elop a ballot measure; and go to a vote of the property owners. He explained that if it were approved by a 50°10 + margin then the Assessment would go into place. He further e~lained that it would provide dedicated funds and not require the use of General Fund money, which are discretionary and could be moved around. He indicated that it would be dedicated funds as set forth in the ballot. Mayor Schiffner called upon the persons who wished to speak. Steve Slack, President of the Lake Elsinore Little League, spoke in fa~or of the Study and stated that his organization was in favor of the City's efforts. He asked Council to support this Study. Mark Landouw, President of Lake Elsinore Softball League, spoke in favor of the Benefit Assessment Study and noted the support of his organization. He noted the benefit that the parks provide to ttie youth of the Va11ey and what they have done to assist in the maintenance and lighting of the parks. He stressed the need to work together to benefit the youth. He asked that Council approve the Study. Carlos Godina, American Valley Soccer League of Lake Elsinore, noted the negative comments that he overheard in the audience and criticized them for making comments without ha~ing all the facts. He spoke in fa~or of the Benefit Assessment Study and the need to preserve the parks for the youth. He noted that there were not enough parks in the City and it was necessary to keep the parks that are in existence. He asked that the Council consider the Study. PAGE TWENTY-FIVE - CITY COUNCIL MINUTES - JLJNE 26, 2001 measure and passage it would mean that the money would be totally dedicated to the operation and maintenance of the parks. Councilwoman Kelley noted that a great deal of time was spent on tlus subject at the last Study Session and voiced her support for the Benefit Assessment Study. Councilman Pape concurred that the subject was thoroughly discussed at the last Study Session and e~lained that when he heard the word "fee" he was very hesitant, however having the user groups come out in support of the Benefit Assessment have made a difference in the way he thought about the subject. He noted the restrictions of Proposition No. 218 and stated that the Study would provide Council the opportunity to weigh the possibility of going to ballot with the property owners. He indicated the difficulty of gaining enough votes to pass the Assessment. He noted the difficulty of gaining votes from the large property owners. Councilman Pape noted the other cities that have passed a Benefit Assessment District for Parks and the success they have experienced He stated his support of the Study. Mayor Schiffner thanked the representative of the .different user groups. He clarified that the Study for the Assessment was not offering a great dea1, if any, additional funds for the parks. He explained that what the Benefit Assessment would do was establish a fund that would guarantee the use of the parks, which would free the money up from the General Fund to be used for other public services. He wanted the people in attendance to be clear on the purpose of the Assessment and stressed the fact that the money would be dedicated to a specific fund and could only be used for the operations and maintenance of the parks, however it would not provide additional funding. Councilman Pape asked if Harris and Associates did the Study would it be possible to structure it to reflect the return of revenue sources that the State has taken away from cities. He questioned the possibiiity of being able to reduce the Assessment amount should the Ciry receive those revenue sources. Mr. Cooper; Harris and Associates confirmed that the Assessment could reflect additional revenue sources and could reflect a reduction. He indicated that the Council must hold a public hearing to address the Assessment and the reduction or allowed percentage increase could be PAGE TWENTY-SIX - CITY COUNCIL MINUTES - JUNE 26, 2001 considered at that time. Councilman Pape asked if the amount of the Assessment could be set at a base point so that it could never go above a set amount with no more than a 2% increase in any given year. Mr. Cooper explained that when a ballot is formed a m~imum rate would be set and if the Council should desire it, an annual CPI adjustment of 2% could be included. He noted the similarity to the Lighting and Landscaping Assessment District and the requirement for a pubic hearing each year to address the District as required by law. Mayor Schiffner commented that should Councii decide on the study, Mr. Cooper could bring back different options. Mr. Cooper confirmed the process. Mayor Pro Tem Briniey clarified that it would require a Ballot Measure. Mr. Cooper confirmed and expiained that it would be done by a vote of the property owners. Mayor Schiffner stated thatthe only thing that the Council could do was to proceed with the process and submit it to the voters. Mr. Cooper explained that once Council goes through the entire process and it goes to ballot; if the ballot measure gains votes of more than 50%; then the Council has the option to approve or disapprove the action. He clarified that Council could not approve the Benefit Assessment District without an aff'u~mative bailot, however if there were an affirmative ballot then the City Council would ha~e to vote in favor or against the Assessment District. Mayor Schiffner clari~ed that the weight of the vote by the citizens would be proportional to the size of the assessment the property owner would pay. Mr. Cooper stated that the vote is worth what the assessment amount would be. MOVED BY BRINI,EY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BENEFIT ASSESSMENT DISTRICT STUDY FOR THE PARKS. PAGE TWENTY-SEVEN - CITY COUNCIL MINiJTES - JUNE 26, 2001 City Manager Watenpaugh noted that the reason that staff was in favor of the study was because during tight budget times, Parks and Recreation was something that would get cut or reduced because it was a non-mandated service. He eaplained that public services such as fire and police are a mandated service, however parks are not. He stated that if the Benefit Assessment District for Parks goes through then the pubic would be guaranteeing funds for a quality of life issue regarding Parks and Recreation. THE CITY COUNCIL MEETING WAS RECESSED AT 9:20 P.M. TAE CITY COUNCIL RECONVENED AT 9:22 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Hyland, 15191 Wavecrest, commented on Council's decision to withdraw its request for a temporary restraining order against EVMWD. She noted that there could ha~e been an angry reaction from the voters in the City if they had to experience water rationing if water was removed from Canyon Lake to replace water in Lake Elsinore due to the lawsuit. She addressed a gag order that was imposed on EVMWD and accused the Council and now EVMWD of acting sneaky. She stated that the City was wasting tu~ payers dollars trying to pour drinking water into a slimy lake just so jet skies could run around on it. She stated that it was nearly a year since the first of four drowning occurred and asked for a mornents pause to remember those people. Daryl Hickman, 19 Corte Madera, commented that the Lake was not an economic engine and criticized the Ciry for pursing the Tilley Agreement. He noted that in all contracts there would be a clause that allows one contract to supersede another. He objected to the City suing with his t~ dollars over a 1927 agreement. He stated his concern was that the City was creating more animosiry among the people and should Councii succeed, the water would evaporate in the next three or four weeks. He asked that Council work closely with the other communities surrounding the Lake, so when the City works with the JPA, they accept the decisions and move forward. He stated that he wants the City to do more economic gardening and spend less rnoney on legal fees. He questioned why the K-Mart store was not a fitness center and why a company has not been encouraged PAGE TWENTY=EIGHT - CITY COUNGIL MINUTES - J[JNE 26, 2001 to pick up the theater and sell seats for $2.00 instead of $6A0 to at least generate some tax dollars. He stated that the track record for the City Council was not impressive and noted there was still no fire engine on the north side of the community. He criticized the intersection at Railroad Canyon Road and Crrape Street as well as the use of City palm trees in the meridian on Railroad Canyon Road. He stated that the Diamond Stadium spoke for itself and questioned the authorization of a skate park. Pete Dawson, 18010 Grand Avenue, stated that last weekend the Lake was as busy as a beehive with happy people. He stated that he was on the Lake and he did not see a slimy green lake, but rather a beautiful lake. He reported that from January 1, 2001 to May 31, 2001 LEMSAR had provided 2,400 hours of community serviee to the Lake and its users. He further reported that during the month of May there were 3 sunken boats, nutnerous stranded boaters and two false distress ca11s. He stressed how important it was to keep Channel 68 for emergencies only and it should not be abused. Bill Staples, 32941 Maiden Lane, rebutted an article in the Canyon Lake Newspaper that addressed the Canyon La1ce level of water. He noted that EVMWD took water from Canyon Lake a11 the time and sold it to other entities. He stated that EVMWD must maintain a 1372 elevation and it was part of their contract and could not be changed. He did not like the comments regarding the Council being greedy regarding the water, since the water was rightfully Lake Elsinore's. He objected to the comments regarding jet skies since Canyon Lake had jet skies and boaters as we1L He stated that the people in the County know about the Tilley Agreement and support the City's position regarding the Agreement. Steve Lee, Bella Custom Frame Company, Railroad Canyon Road, invited the public to the last day of exhibition of traditional Japanese Embroidery by Maxine Brandt. He announced that the next exhibit would be by Susan Matin Sparr consisting of Pastels of the Santa Rosa Plateau and Still Life studies. The e~ibit will begin this Saturday 7:00 p.m. to 8:30 p.m. He invited the public to attend. PAGE TWENTY-NINE - CITY COUNCIL MIN[JTES - JUNE 26, 2001 CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: i. Clarified that there has not been a gag order, however there was an agreement made between two entities that have a mutual disagreement that had not been resolved. He indicated that the City and EVMWD had agreed not to play the issues out in the newspaper. 2: Stated that he would have liked to see private enterprise build a Skate Park and he indicated that he had repeatedly heard about a private enterprise that was going to build a Skate Park, however they did not come forward. He noted that a concessionaire would run the new Skate Park and he felt that the Park would be a very positive thing for the community. 3. Thanked Mark Norton for attending the City Council Meeting. He commented that he felt that Mr. Norton's responses show just how hard it was to get five different entities to work together. He indicated that for the first time since he came to the City the City and the Water District had the potenrial to get money to resolve issues with the Lake. CITY ATTORIVEY COMMENTS City Attorney Leibold indicated that the City Council met in Closed Session far discussion of the matters listed on the agenda, and there was no reportable action. Ciry Attorney Leibold commented on the following: 1. Clarified that the City sought a Temporary Restraining Order in order to maintain a status quo to assure that the water in dispute was not pumped or otherwise released from the dam unrii the City had an opporiunity for a court PAGE THIRTY - CITY COUNCIL MINUTES - J[JNE 26, 2001 to determine a finding or an opportuniry to negotiate a resolution. She stated that the City was in on-going negotiations. She indicated that EV1vIWD did agree to all the terms that the City was seeking by the Temporary Restraining Order and therefore, the City entered into a stipulation. She noted that a Sripulation was a public record and had been released to the press. She addressed a provision that related to an agreement between the two entities not to "take any affumative steps to make extra judicial statements by means of public communication regarding the subject matter of the Stipulation or the introduction of water into Lake Elsinore pending the hearing on the preliminary injunction, had been blown up and turned on its head by some. She noted that both entities were working under a very short time frame in order to take the hearing on the Temporary Restranung Order off of the calendar. City Attorney Leibold explained that her office drafted the initial draft of the Stipulation, which did not include the above- ' mentioned provision, however EVMWD requested that the Stipulation ' include a request not to play this issue in the press; the City agreed. She e~lained that it was not a gag order, which was an extreme expression. She indicated that the agreement was intended to be very narrow in its purpose to deal with news releases and editorials; so that neither party, as they move through the process, play out their statements in the press. She explained that the Water District and the City had more in common than the one area of dispute. CITY COUNCIL COMMENTS Councilwoman Brinley commented on the following: PAGE THIRTY-ONE - CITY COiTNCIL MINUTES - JLTNE 26, 2001 2. Stated that anyone that did not regard the Lake as an economic engine lacks foresight. She commented that the Lake was the gem of the V alley since the City of Lake Elsinore was Tourism and Recreation oriented. She stated that the $15,000,000 would allow the City to enhance the watershed and would allow the City the ability to provide better boating and recreation; She fiuther stated that with an improved Lake, the City could entice better hotels and recreational oriented facilities. 3. She stated that in no way would the lawsuit affect the JPA. She noted the obligation that the JPA had to the community. 4. Announced the "Celebration of Freedom" by the Assembly of God Church, on Crrand Avenue. The festivities will be held on Sunday, July 1, 2001 at 6:30p.m. She invited the public to attend. 5. Announced the EDC Luncheon on July 12, 2001 at 11:30 a.m. at a cost of $12.00. She invited the public to attend. 6. Wished everyone a happy 4`~ of July. Councilman Pape commented on the following: 1. Commented that he had the pleasure of visiting the Bella Gallery and viewing the Japanese Embroidery. He stated that it was truly unique and special to see. He encouraged everyone to visit the Ga11ery. 2. Commented that the construction will start on Lake Street on July 9, 2001. He noted that there would be some delays and a few closures and he asked the community to be aware. 3. Noted that the clearing and grubbing has started at McVicker Park for the Fire Station. 4. Announced the Franklin Street Bids would be opened on July 2, 2001. He stated that the project would start on July 10. PAGE THIRTY-TWO - CITY COUNCIL MINUTES - JUNE 26, 2001 5. Announced that the Skate Park Bid Opening occurs on July 17, 200i. 6. Commented on the early electioneering. He compared the two potential candidates and how negative they were regarding the Ciry versus the two members of the Marine Search and Rescue who were very positive individuals regarding the community and were concerned with the best interests of the Lake. 7. Addressed the Skate Park and noted that he would like to have private industry build the facility, however it was necessary for the City to take the lead and build the park, however it will be run by a concessionaire. 8. Commented on the litigation regarding water in the Lake and its purpose. He noted that the Fill and Operate Agreement does not supercede the Tilley Agreement. He suggested that Mr. Hickman do his homework. 9. Noted that Lou's Lounge was approved for demolition and should be addressed in the next few weeks. He stated that he felt sure that everyone would be happy to see it go. Councilwoman Keliey had no comments. Mayor Schiffner commented on the following: 1. Announced the June 28, 2001, Chamber Mixer at the Diamond Club. 2. Announced the Open Air Market on Sunday, July l, 2001 from 8:30 a.m. to 3:00 p.m. 3. Announced that there would be fireworks at the Stadium following the Baseball game on July 4~'. PAGE THIItTY-THREE - CITY COUNCIL MINUTES - JUNE 26, 2001 MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:55 P.M. J ~ ROBERT L. SCHIF R, MAYOR CITY OF LAKE ELSINORE ATTEST: , ~~,~~~ e A L. BRYlVING, DEPUTY CITY CLERK CITY OF LAKE ELSINORE