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HomeMy WebLinkAbout02-10-1998 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 10,1998 *~******~*~~~~~~~*~~****~**~~~a*~~~~~~**~******~~*~~~*~a~~~~*~***** CALL TO ORDER The Regulaz City Council Meeting was called to order by Mayor Pape at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. The Invocation was provided by Father Ben Orozco representing St. Andrews Episcopal Church. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, ' KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Commwuty Services Director Sapp, Fire Cluef Seabert, Police Chief Walsh, City Engineer O'D~nnell, Building & Safety Manager Russell, Senior Planner Villa, Assistant to the City Manager Best and City Clerk Kasad. PRESENTATIONS Mayor Pape noted the presence of Chamber of Commerce representative, Larry Regis, for a Chamber update. Mr. Regis detailed upcoming meetings for business development and the "Connections" television show by the Economic Development Committee. He advised that the next Mixer will be at Chuckles Java Junction on February 26th. He fiuther advised that on March lst they will begin a new joint ~ venture with the Downtown Merchants and City support, being an Open Air ~ Market. He encouraged public participation. (F:108.4) PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address Item No. 21 and deferred to that public hearing. Mayor Pape advised that the Council would need to go directly into the Redevelopment Agency Meeting wluch would begin with a short Closed Session. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 THE CITY COUNCIL MEETING WAS RECESSED AT 7:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:31 P.M. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY iJNANIMOUS VOTE TO APPROVE THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Joint City CounciUPlanning Commission Meeting - January 6, 1998. b. Regulaz City Council Meeting - January 13,1998. (F:44.4) The following Minutes were received and ordered filed: c. Planning Commission Meeting - January 21, 1998. (F:60.3) d. Special Design Review Committee Meeting - January 13, 1998. e. Design Review Committee Meeting - January 21, 1998. (F:60.4) 2. Ratified Watrant List for January 30, 1998. (F:12.3) 3. Received and ordered filed the following Investment Reports: a. Corrected for November, 1997. b. December, 1997. (F:12.5) PUBLIC HE RiNC.S 21. Amendment No 1 to E~t L. ke ~~c~fic Plan and Addend ~m FIR T ibertv (TM o m mitiec), Resolntion No. 98-3 & Or~inancP 1`ro 1035: (F:150.2) y~ City Manager Watenpaugh luglilighte3 the Planning Commission action on this item, and noted the acreage involved in tlus amendment. Mayor Pape opened the pnbLc hearuig ~t 8:33 p.m., asking those persons interested in this item to spea.~C. The fo'_'_owing people spoke: Todd Olson, TMC Communz6es, ex;:ressed happiness at bringing ttus Specific Plan Amendment forward to Coimcil. He advised that the consultin; and development team is present for presentations and to respond to ~~ quesrions. He noted that he is very. pror d of the team assembled and ', indicated that they are well sait°d fo: t'~~ task at hand. He indicated that they se~rch nationally to find the best com~ ~nents for the team. He addressed the financial strength of TMC Properties ancl noted t~at they have submitted letters froin two banks showing over $9 milliun in cash , PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 assets. He noted comments with regard the Redevelopment Agency fmancing tlus project and indicated that tlus project does not take any Redevelopment Agency funds not generated specifically by ttris project. He further clarified that the only RDA related funding will be from Talc Increment or additional property taxes generated by the site. He noted that they aze reimbursing the City for the costs of plan review through the City's cost recovery program. He further noted that they have had good discussions with Larry Noggle at the Skylazk Airport and aze in agreement that Village One is compatible with the ongoing Skylark Airport use and they will work closely together to ensure that a compatible situation continues. Mr. Olson introduced Steve Ross to discuss the substance of the Specific Plan. Steve Ross, the Planning Center, Newport Beach, indicated that the Specific Plan was originally approved in 1993 and show a graplric depiction of the originally approved plan versus the proposed amendment. He emphasized that the portion being amended is just under 800 acres in the central portion of the plan. He noted that the key changes are a reduction in development area and overall unit count reduction of approximately 1,000 homes from previously approved plan. He also noted that the Stadium is now shown on the plan. He further noted that the amount of open space has been more than doubled. He detailed proposed changes to the future alignment of Diamond Drive and e~cplained that the intent was to provide adequate access to commercial and residential areas. He emphasized that the proposed amendment does not modify any of the park policies or regulations of the original specific plan, including the regional and local trail requirements. Mr. Ross introduced Allen Swanson to address the flood control issues. Alan Swanson, John M. Tettemer and Associates, flood control consultants for the project, clarified that no construction can take place without a detailed hydraulic analysis. He stressed the need for certain flood storage capacity to be reserved and cannot impact the 100 year flood level. He further stressed that the project must receive written approval from the Riverside County Flood Control District, the Army Corps of Engineers, Elsinore Valley Municipal Water District and the City of Lake Elsinore. He indicated that the project has been submitted and it is currenfly under review. He further indicated that they are convinced that the development can safely occur and meet state and federal standards. He reiterated that the amendment as proposed in no way alters the requirements in the original specific plan with regard to flood control requirements. Mr. Swanson introduced Susan Hori. Susan Hori, representing Paone, Callahan, McHolm & Winton, noted the prior discussion of flood storage issues and advised that the Corps of Engineers has already issued a 404 permit for the back basin areas. She noted that there are specific conditions regarding the studies required for development. She stressed that in addition to City approvals the project must also comply with 404 pernut conditions. She noted a recent letter from the i4.A_ PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 Corps of Engineers, regarding a misunderstanding on the status of activity on Yhis project. She indicated that they are working to clarify that misunderstanding. She stressed that the actions tonight do not change the conditions of the 404 permit or the obligations to comply with the requirements. Ms. Hori introduced Scott Wilson. Scott Wilson, representing the Keith Companies, addressed traffic for the project and noted that the Specific Plan Amendment and E.I.R. Addendum includes a traffic analysis for the project. He reiterated that there are no additional impacts from ttus amendment. He also addressed the soils issues with regard to conditions for grading and the liquefaction potential for the project; and indicated that the most recent soils information show that the site has low liquefaction. Todd Olson thanked his project team and the City staff for their work to take this amendment through the process. He indicated that everyone has worked very hard to get to this point, and advised that they will ne~rt be submitting a tentative tract map in two weeks, with City Council review expected to occur in about April. He noted that during tlus review process they will also be working with staff to obtain the required grading permit. He explained that if all goes well the remaining state and federal issues will be completed shortly thereafter. Larry Regis, 148 S. Main Street, representing the Executive Committee of the Chamber of Commerce, indicated that the Committee bas viewed some of the project materials, met with City staff and arrived at some basic conclusions. Those conclusions aze that it reduces the density of housing in the proposed area, provides greater open space and recreation, and they are very comfortable with the concept being employed for development of the areas within the project. He indicated that it fits with goal tio remain an open city with quaint housing, and draw jobs and economy to the area. He commented Yhat TMC has done a tremendous job in finding something to fit with the Community and the long range plans. He indicated that they aze unpressed by the professionalism of the TMC staff and theu efforts to find the best consultants for the plan. Iie advised that the Committee wholeheartedly supports tt-e plan and amendment. Chris Hyland, 15191 Wavecrest, indicated thaY somedung about ttris situation smells like a dead fish, indicating that it has been a dog and pony show since 1990. She noted that 99% of the docunents u-dicate that the project is within the Redevelopment Agency ar_d questioned why it appears on the City Council agenda rather than the Redevelopment Agency agenda. She reiterated her prior comments that tlie RDA will be abolished in the near future. She also noted that the City h~:s been targeted for an audit with regard to improprieties for bond sales; and indicated that she would not be surprised if the Securities and Exchange Commission steps in for an audit. She further questioned whether this was Redevelopment Agency or City and PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 whett-er documents have been changed. She further questioned, in the event tlus is an RDA project, what would happen if the RDA is abolished under the McClintock Bill, and whether it would revert to the City. She indicated that this item did not men6on the Water District, and they will not give TMC watex or anything else. She suggested that each Councilmember read Government Code Section 53600.3, and indicated that they aze not infallible. She inquired whether T1vIC was paying for RDA staff time. Peter Dawson, 18010 Grand Avenue, indicated that he stands opposed to the thoughts of other present tonight, but he is not opposed to development. He further indicated that he is convinced that construction of housing units in the back basin is not a good thing, as there aze too few safety assurances. He expressed concem that the 100 year flood protection is based on only 78 years of lustory. He also expressed concern with the Elsinore Fault zone nuwing through the azea. He noted that the same fault desiroyed much of the town of Wluttier just 10 years ago. He fiuther noted that the current plan is to build on silt, while the original plan call for other material. He requested that the Council make absolutely sure that this project is safe from flooding and liquefaction. He fiuther requested the addition of verbiage that under no condition will the storage capacity be diminished; and future residents will be notified of these factors. Carl Johnson, Nearcal Corporation, indicated that he is pro-development because he is a contractor. He fuither indicated that he is in favor of the project because it is the highest and best use for the land, will raise land values, and most importandy will pull the City toward more of a resort ahnosphere, wluch is the direction it should go. Chris McColley, 29072 Pa1m View, indicated that due to the publicized controversy, she and others met with TMG to discuss tius -project. She thanked the representatives of the project for their time and indicated that they have shown a sincere desire to address the residents' concerns. She commented that Liberty appears to be a lugh quality master planned community, wluch will produce increased income for the City through property taxes and entertainment facilities. She noted that although originally approved in 1993, she feels the amendment reflects significant improvements. She further noted that the R-4 zoned residential azeas have been completely eliminated. She addressed the concern with Liberty building in the back basin and stressed the required involvement of the Corps of Engineers. She indicated that with regard to the comments that the City is putting up money for the project, she has questioned both sides and received a resounding "no" from each. She noted the losses of revenue in recent yeazs and stressed that TMC has gathered a team of experts to develop a quality proposal. She stressed the interest shown by the developer to interact with the residents. She stressed the fiscal responsibility of ttris action and expressed support for the amendment. : ~~r ~ ~ ,: PAGE SIX - CITY<COUNCIL MINUTES - FE~RUARY 10, 1998 John Langton, 34200 Racquet Club Way, questioned whether the taxpayers will have to pay when the hou~es start to :~nk, and noted a problem in Anaheim Hills. He express~ci con ~Prn•r~~r t.~!.e earthquake fault in the area. Larry Noggle, representing ~kyl~k Au x:^rt, indicated that he had a great meeting with the applicant, an~ t~.y ~+ill ;~nt together a joint report on tlie requirements of Skylark Air?ort. ~; ~~'~ri~P~ that he feels good in supporting phase I, even though there is s±~L' a lot of -:vork to be done before phases two ttuough four. He stressed thaf N`r. O~s~n is working in good faith to overcome the obstacles and ac~c'ress his concerns for the airport and skydiving activities. He noted that h~ is tryi~g to draw a world event to the Airport in 2001. He looked forwazd to working wi+h the TMC staff to prepare the previously mentioned report: He exp*eesed support for the proposed amendment. Hearing no additional requests to spea.k, the public hearing was closed at 9:05 p.m. Mayor Pape requested clarification as to why ttris was being heard by the City rather than the Redevelopment Agency. City Attorney Leibold clarified that the City exercises the power on land use actions, and ttus is strictly a land use issue. She explained that if the Agency should be abolished, the City inherits the projects by operation of law. She advised that TMC is ~paying City staff and City Attorney costs for processing of this amendment. She further clarified that there are Redevelopment Agency agreements relative to tlus project, but this is the Specific Plan Amendment. Mayor Pape noted the Water -District issues mentioned by Mrs. Hyland and u-dicated that he met with Water District representatives ttris date and Mr. Olsen yesterday and both, are now in agreement that there is an existing contract and the arrangements aze per the original Specific Plan: making that a non-issue. Mayor Pape noted the concem expressed with regard to houses sinking in silt or with liquefaction. Scott Wilson, representing the Keith Comparues, stressed that the Specific Plan sets forkh conditions based on the soils reports prepared since 1993. He indicated with regard to liquefaction and fault zones, the required setbacks: will be conditioned and the liquefaction potential will be determined. He reiterated that the latest reports say that there is a low liquefaction potential for tlus project. Mayor Pape addressed the airport and skydiving, and stressed that it is a part of the lustory and charm of the area and a lot of fun to watch. City Manager Watenpaugh noted theissue of storage capacity in the back basin and indicated that would be controlled by the flood control agency. Mr. Swanson, representing John Tettemer & Associates, confinned that the PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 project will be subject to the requirements of the Flood Control District, as they aze the regulator and standard setter for projects such as tlus. He clarified that with regacd to storage capacity, they will go through all the required steps and meet all requirements of FEMA as well. Mayor Pape reiterated that the Specific Plan is already approved and tlris is only an amendment to that plan. He clarified that tlus project seeks to build a City within a City and stressed the need for good master planning. He noted that the housing count reduction of 1,000 homes is very positive for the City and the increase open space is also very positive. He commented that the concept for phase I is very unique for Southem California, and noted that this upscale development will draw a great deal of attention. Councilman Alongi indicated that one thing he learned is that you should not play in someone's back yard unless you know the rules. He explained that his concern is not whether they can build the project, but expressed concem for public safety. He indicated that there is nothing for a fire station and expressed concern with coverage when the response times to the west end average 18 minutes. He inquired whether the homes will be built before the _ commercial. Mr. Olson indicated that there will be a moderate amount of commercial in conjunction with the first homes. Mr. Alongi questioned how many homes will be in the first phase. Mr. Olson indicated they will build 300-500 homes per yeaz. Mr. Alongi stressed that there is no fire protection plan for that area. Mr. Olson indicated that the Development Agreement as a whole does require fue protection. Mr. Ross indicated that the plan establishes fire, police and other public service requirements, on the per thousand residents basis. He stressed that the originai plan requires consultation with police, fire and schools at the time of each tract map consideration. He stressed that the conditions aze in place. Mr. Alongi indicated that there are no provisions in the first phase for any police or fire services. Councilman Alongi indicated that the Redevelopment Agency will be discussing tlus project, and the RDA is kicking in funds through tax increment and property taxes in the azea. He indicated the comments were somewhat misleading as the RDA will participate in tlus project. He inquired whether the golf course would be included in the first phase. Mr. Olson confirmed that there is one in the first phase. Mr. Alongi inquired whether it would go in during or after the construction of the houses. Mr. Olson indicated that they will be built at the same time. Mayor Pro Tem Kelley noted that the original plan was not very desirable at all and tlus is a lot more desirable. She stressed the cut in residential units from 2900 to 1800, which is a lot more inviting and desirable. She noted the mitigafions required by the Planning Commission and the conditions placed on them and detailed the pemutting agency approvals required. She elcpressed amazement and concem with the number mitigations to be , ~ PAGE EIGHT - CITY COUNCIL MInTiTTES - FEBRUARY 1Q 1998 satisfied. She advised that she is happy with the conditions, but suggested the inclusion of verbiage regazding the Airport, noting that she was glad to see them working together. She stres~ed the importance of protecting the airport. She commented that with reg~rd to fire, streets and schools those will be addressed with the tentative ma~s, and stressed that tlus is only the zoning issue tlus evening. She reiterated that she is a lot happier with the amendment plan than the origi:ial one. Mayor Pape commented that it will b; exciting to see tract maps in a couple of months. Councilwoman Brinley reiterufed that no money from the RDA going into this project and stressed that the original plan was done several years ago. She requested clarification of the funding and infrastructure funding. City Manager Watenpaugh clarified that there aze no direct City or RDA dollars to ttris project. He indicated that there has been a Development Agreement in place since 1993 and the tax increment and pote~t-a1 for bonding are included in that document. 1lss. E:~in!ey que~tioned who would pay for a Community Facilities Disiriet. Mr. ~'Vz,3eapaugh clarified it would be the applicant. Mrs. Brinley indica±ed that s~e was glad to see that the project was downsized and reformulated. She ezpressed excitement in anticipation ~, of the second phase discussion. ShP i~~: ~a*Ad that she likes the overall ' theme and noted the different slreetscanes, canals, islands and estate homes. She concurred that it would have the feeli~g of a City within a City, and noted that it was a progressive apnro~~h t~ s~A~ific plans. She stressed the importance of continued com.~.Ln~ca±i~n beriveen the dPveloper and the airport repres~n*atives. Sh° :~~1;_.^`e~. that ~varking with TMC has been professional t~ da.te an.i loolcP~ f:,r ~^* a;o continued cooperation. Mayor Pape expressed znp*P~~°*i~~_ ~~ Ti.!~' for answeruzg the questions. Councilman Metze concurr°d ~r`~ ~h: ^'_`!er Councilmembers that tlus was an improvement over w~~t was ~~;-r_o_._~;~ e;~proved. He noted that he has a pet peeve regard°u-g old develo~*n:,nt agc°~*~°nts. He expressed concern that the project could revert to the c!~ p:°~, ~»~ €uggested the addition of verbiage requiring compliance wi+.h the t'~e~ ~~~;~~ City of Lake Elsinore General Plan. He stressed that he wants to m2ce sure that the current standards are being met at build out. He uo+ed that ~ fivo places there is similaz verbiage and suggested an additional co~dition usu-g "current'° plans, etc. City Attorney Leibold sugge~ted Y_iat cutre~t could be specified in reference to the General Plan or Municipal Co~e, b~ t ~ha~~ld be subject to any provision in the development agreement req~iring othervrise. Mr. Metze expressed understanding that tlris was an o?d development agreemenY. iVlr. Olson clarified that the Development Agree~~nt was not being amended by ttris action. Mr. Metze reiterated. lus conce;ns and intent to require that current standards at the time of construction aze met. Mr. Olson expressed understanding of this concem. Ms. Hori cla~ified that when something is not PAGE NINE - CITY COLJNCIL MINUTES - FEBRUARY.-10, 1998 specifically addressed one would look to the current general plan. MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE AMENDMENT NO. 1 TO THE EAST LAKE SPECIFIC PLAN BY ADOPTION OF ORDINANCE NO. 1035 UPON SECOND READING BY TITLE ONLY AND APPROVE THE ADDENDUM TO THE 1993 t CERTIFIED FINAL EIR FOR THE EAST LAKE SPECIFIC PLAN BY ` ADOPTION OF RESOLUTION NO. 98-3, BASED ON THE FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, WITH CONDITION TWO AMENDED BY THE ADDITION OF °...IN EFFECT AT THE TIME SHALL PREVAIL..."; AND THE REQUIItEMENT THAT THE TMC WILL CONTINUE OPEN COMMUNICATION WITH SKYLARK AIRPORT. RESOLUTION NO. 98-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA CERTIFYING THE ADDENDUM, ~ TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE / EAST LAKE SPECIFIC PLAN - LIBERTY (TMC COMMUNITIES). ! _ ORDINANCE NO. 1035 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOP~I'ING THE EAST LAKE ~ SPECIFIC PLAN AMENDMENT NO. L :~ ,+ UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: - - ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS; NONE ABSTAIN: COUNCILMEMBERS: NONE Finding -~S~ecific Plan Amen~ment No 1 1. SPA No. 1 meets the City's Specific Plan criteria for content and required implementation of the general plan established by Section 65450 et sea. of the California Government Code and Secdon 17.99 of the City of Lake Elsinore Municipal Code. 2. SPA No. 1 is consistent with the Goa1s, Policies and Objectives of the General Plan; and Redevelopment Plans, and with other applicable plans or PAGE TEN - CITY- COUNCIL MINUTES - FEBRUARY 10, 1998 policies adopted by the City 3. Development standards and regulations contained in SPA No. 1 supersede applicable City ordinances and codes, unless specifically stated to the conhary. Approvai of SPA No. 1 shall not be interpreted as waiving compliance with other Federal ar State laws or City Codes. 4. Location of SPA No. 1 allows future development to be well-integrated with its surroundings. 5. All velriculaz traffic generated by future development, either in phased increments or at full build-ouf, will be accommodated safely and without causing undue congestion upon adjoining streets. 6. Except as limited by State law, including SB 1287, SPA NO. 1 provides plans which allow land uses to be adequately serviced by existing or proposed public facilities and services. 7. Overall design of SPA NO. 1 will produce attractive, efficient and stable development. 8. SPA NO. 1 will not be detrimental to the health, safety, comfort or general welfaze of the persons residing or workuig witlvn the City , nor will it be injurious to property or improvements in the project area or within the City. Findings - Addend ~m t Fia lR for a t La e Sp ~~ c Pl 1. The Addendum EIR has been prepared, submitted and reviewed in accordance with requirements of the California Environmental Quality Act and the City's CEQA guidelines, and is complete and adequate in its evaluation of all environmental effects of SPA No. 1 and associated discretionary approvals. 2. SPA No. 1 will not degrade the quality of tt-e environment, substantially reduce fish habitat or wildlife species, cause fish or wildlife populat~on to drop, threaten plant or aniinal communities, reduce or restrict the range of raze or endangered plant or animal species, or eliminate important cultural resources. 3. SPA No. 1 will not have the potenrial to achieve short-term goals to the disadvantage of long-term environmental goals. 4. SPA No. 1 will not have impacts which aze individually limited by cumularively considerable. 5. SPA No. 1 will not have environmental effects wluch cause substantial adverse effects on people. PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 Conditionc of Approv 1 for , a , k. 4oeci~c PI n mpndm n No 1- Liberty Plan , 1. The Draft SPA No. 1 document shall be revised to incorporate any corrections and revisions required by the Planning Commission and City Council. A Final Specific Plan Amendment document shall be submitted for review and approval by the Community Development Director or his designee within 5 days of approval by the City Council. No permit shall be issued until the Specific Plan Amendment No. 1 document and any required revisions are administratively approved by the Community Development Director or his designee. 2. Those issues, standards, guidelines, etc. not addressed in SPA No. 1 will revert to the East Lake Specific Plan. In cases where the East Lake Specific Plan and SPA No. 1 document do not provide appropriate guidance or discussion, then the City of Lake Elsinore General Plan and Municipal Code in affect at that time shall prevail. 3. Any development within SPA No. i and any other area within the East Lake area below 1,260 feet MSL shall comply with conditions of the 404 Levee Permit. Conditions of the permit shall require dedications for conservation purposes, further analyses, and clearances from the Riverside County Flood Control District, Water Conservation District, U.S. Army Corps of Engineers, Riverside County, and the City of Lake Elsinore Engineering Department, all as set forth in the 404 Levee Permit. Construction within the SPA No. 1 site may also require a Section 401 Water Quality Certification from the Santa Ana Regional Water Quality Board and issuance of a conditional letter of revision to the eusting Flood Insurance Rate Map (FIRM) from the applicant. 4. Any tentative tract map, which includes proposed Restricted Local Streets shall be approved by the City Council of the City of Lake Elsinore. 5. The Diamond Drive realignment at Malaga Road shall provide southbound dual right-turn lanes and eastbound dual left-turn lanes at East Malaga Road at Diamond Drive; and westbound dual left-tum lanes and northbound dual right-tum lanes at West Malaga Road at Diamond Drive. These intersections shall be signalized, or shall incorporate other controls. 6. All public street sect~ons shall have either pedestrian walking area or sidewalks, with a muumum width of five feet, unless otl~erwise approved by the Community Development Director or designee. 7. Prior to first tentative tract map for each phase, the applicant shall provide the City with a phased circulation plan for onsite and offsite improvements for that phase. PAGE TWELVE - GITY COUNCIL 1VIINU°I'ES - FEBRUARY -10, 1998 8. Applicants shall acquire necessary approvals, clearances, and permits for future development, including Design Review approval, issuance of grading and building permits, and other provisions of the City's Municipal Code. 9. All standards and guidelines pertaining to the project's land use plan, circulation plan, grading plan, public services and utilities plan, design guidelines, and phasing plan shall be substantially complied with to the greatest extent feasible. 10. Applicants shall implement those mitigataon measures contained in the 1993 certified Final EIR for the East Lake Specific Plan and the Addendum EIR for SPA No. 1, Liberty. 11. Prior to issuance of any grading permit, Applicants shall submit a fmal grading plan, subject to all requirements of the City Grading Ordinance, and a geotechnical report to the City Engineer for approvaL 12. The SPA No. 1 document shall be revised to indicate that future Design Review shali be reviewed and approved by the Planning Commission as a business item and not a public hearing. 13. Concurrent with approval of the first Type "A" Tentative Tract Map for SPA No. 1, the applicant shall prepare a Conceptual Phasing, Improvement, and Financing Plan. Said plan shall describe all on-and offsite roadway and utility improvements necessary to service ultimate build out of SPA No. 1. Said plan shall also describe when the improvements will be provided and recommend feasible funding mechanisms and sources. 22. PnbLic He~n:ng on Locai L•aw En_forcement Block CY_rant Prosr~m_ Award. (F:84.8) City Manager Watenpaugh lughlighted the report and advised that these funds were received through the efforts of Police Clrief Walsh. He explained that a condition of the grant is to hold a public hearing and an advisory boazd has already been appointed. He indicated that the funds aze being used for additional police department overtime. Mayor Pape opened the public hearing at 9:35 p.m., asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 9:35 p.m. MOVED BY KELLEY, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE USE OF THE GRANT FUNDS AS RECOMMENDED BY THE ADVISORY BOARD. PAGE [RTEEN - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 THE CITY COUNCIL MEETING WAS RECESSED AT 9:36 P.M. i°, THE CITY COUNCIL RECONVENED AT 9:38 P.M. PUBLIC COMMENTS - NON-A NDI .F.n TTF,M~ David Armstrong, 415 N. Lowell, criticized Councilman Alongi for leaving the table. He made note of Councilman Alongi's threats and his criticism of himself, his mother and family and stated that it is time for it to stop. He commented that if Councilman Alongi wants to communicate with them he laiows where he lives. He stated that three weeks ago Councilman Alongi called him an idiot and asked if Councilman Alongi has a Bachelors Degree. Noted a tape that Councilman Alongi played wluch contained foul language and did so with Boy Scouts present. Further noted that he has six messages from Councilman Alongi on lus message machine that contain foul language and the District Attorney has the tape. Mr. Armstrong noted the payment of lus child support and Councilman Alongi stated that he was not. He stressed that anyone that testified at the Grand Jury has been threatened by Councilman Alongi and stated that those persons can go to the Police Department and file charges. He commented on the 16 counts of the Redevelopment Agency system and he is not the one that has $13,000 pending against him and now he has , threat charges, and asked "who's the idiot". Mayor Pape made note of the fact that Ms. Murray has submitted a letter of congratulations and appreciation to the Council and has quite a few signatures. Georgia Lee Murray, President of AARP Chapter 4056, read the letter from the Seniors to Council. She announced that they will be having a Valentine's Day Party on the 20th of February and invited all of Council. Announced Church Services at the Grand Avenue Civic Center. She commented that she has lived and raised her family in Lake Elsinore for the last 33 years and gave an overview of her children. Mary Venerable, 27400 3rd Street, addressed a Ietter in the newspaper from Guis Hyland and questioned her statements. She stated that she does agree with the statement in the letter which states that management cannot function without labor and was one of the reasons that she tries to inform people about Measure BB, unlike Ms. Hyland who opposed the measure. She addressed the Community Services Director's position and her approval. She stated that the persons who through that there was no tourism in the City, were so busy "bad mouthing" the City they did not look. She noted the contradictory statements in the letter. John Langdoq 32400 Racquet Club, stated that he is present to represent Serenity Homeowners regardin.g the motocross that was approve by the Planning Commission. He stated the property owners opposition to this project. Donna Lucas, 132 N. Main Street, announced that the Downtown Merchants, the Chamber of Commerce and the City of Lake Elsinore invite a11 of citizens to an open air market the first Sunday of every month on Main Street, noting that the first :.. PAGE FOURTEEN - CITY COUNCIL MINUTES - FEBRUARY 10,1998 one will be on Mazch l, starting at 7:00 a.m. She gave an overview of the planned activities. Thanked Vision and Views for the exposure of the Downtown area and noted that it was a great success. Mayor Pape stated that he talked with Tom Thomas and noted that 74 spaces were sold already for the Street Faire. Chris Hyland, 15191 Wavecrest Drive, address addressed objections to Mary Venerable's comments. Noted that the pazks and community center have been closed; the boat dock has collapsed; the State Park is closed; a City full of pot holes. She stated that in her interview with the employees she stated that the workers ~`should not have been laid off, but ratlier the management. She stated that she was sick and tired of Ms. Venerable's comments and she guessed that she would have to check on her ne~. CITY ANAGER COMMENTS Thanked Administrative Services Director and Community Services Director for all their hazd work and support of the City Attomey regarding TMC and the Staclium Contract. Noted that the Recreation and Tourism Manager Edelbrock has been at a boat show all week with one of the local boat sales representatives and she was promoting the community. Made a request to add one additional item to Closed Session under anticipated litigation, but deferred until after Council Comments. ITY O TNCIL COMMENTS Councilman Alongi commented on the following: 1. Noted that the Redevelopment Agency purchased 80 acres in the Easdake and for $3,000,000 and asked the public to see what the City sells it for and then tell him the RDA did not contribute. He commented that City Manager Watenpaugh said that there would be no direct dollars from the RDA, however he did not say that there wouldn't be any contribution. There is a difference. 2. Commented that the Stadium is not out of debt, the Stadium still has payments of $2.5 million dollars. He stated that Council did make a good move saving the $500,000, however it is still costing tlie public $2.5 million dollars a year, both RDA and City debt. 3. Addressed the Motocross Park and stated that the City must be cazeful where we place those activities. He stated'that he felt we have plenty of land and mountains in the City to place tlus activity other than nelct door to a tract. He noted thatthey have the airport nelct to them and that should be enough. 4. Stated that last meeting Council discussed the COI and every Councilperson said that we voted on it, however in the minutes the motion reads "Moved by Brinley, Seconded by Metze that the City Council establish a majority position with respect to the proposed Warm Springs Community of Interest". He noted that tlus motion did not include the other COI's. He stated that Council has never taken formal action, across the boazd, for opposing COPs that aze in our Sphere of Influence. He established that he does not necessarily disagree with it, however if the Mayor chooses to send out letters to that effect, he needs to be sure that he has formal approval to do so. He stated that the fact is Council never voted on it. 5. Noted Concern with Fire Station. He stated that talking with Fire Chief in private and talking with him in public is two different things, and although we all agree that we would like to have the Station manned 100%, however that is not the case since we cannot afford it. He stated that 40% of the time is better than nothing and to have an ambulance out there housed in the building would be a great asset to those people out there. He noted that responding times to that area are really bad and especially if there is a child choking or a heart attack, every second, every minute counts. He noted that the calls that come out of those stations for 1996: Station 10, 413 fire calls, 1,757 medical calls which is almost 4 times the fire calls wluch says that there aze some children in distress or elderly needing medical attention; Station 11, 173 fire calls, 1,023 medical calls and the response time of the Lakeland Station is 18 minutes. He asked how someone would feel if their child was choking and it took 18 mniutes to respond. He stressed that it was important to get the Fire Station built even with 40% or 50% coverage it is more than they have now. He stated that if Council has to take the money out of the reserves, now that the Stadium Agreement has been approved, and Council is not going to give it all to the parks then some of the money could be used for manning the Fire Station which is important. Now Council needs to sit down as business people and see how it can be done whether it 40% or more. He commented that the Cluef likes that and although he would like to have a11 paid fire personnel it is not possible. He indicated that the fire truck is still available; rent space in the Fire Station for Goodhue Ambulance. He stated that tlus is an issue that should not be kicked around and handled as professional business men. He noted that the City could use the County's plans for a Fire Statioq and although it is not as fancy as the City would design it would not require all of the extra costs. 6. Commented that more people worry about lris legal problems and want to tallc about them. He further commented than he does not worry about them and sleeps at night very well, He ~oted that he did something in his community; he had the backbone to do it; and you have to pay a price sometimes when , you step out of line. He stated that he is paying the price and he is not complaining about it however, it bothers him when he picks up the Sun Tribune and the Press Enterprise as well, and someone informs him that he is in the paper again and that the City is going after him for $13,000. He quoted from the article regarding the City Manager delivering a letter and he talked to the City Manager and he did not tell tlus to the paper. He asked where the newspaper got this information and asked if they had talked to the Mayor or perhaps Councilman Metze. He asked who had told them that information and they print what ever in the hell they want to print in the paper, whether it is true or not. He stated that he has a good idea who did, however the fact is that they did not even bother to consult the City Attorney and get a legal opinion prior to sending him that demand. He commented that they should have checked this out and it will be a cold day in hell before the City collects a nickel on that. He further commented that if the Mayor wants to spend a couple of thousand dollazs or more he would be more than happy to put him on the line. He stated that leYs see how much the City wants to spend to collect something they can't get. 7. Addressed the Editorial from the Sun Tribune which gets into people's personal lives. He stated that it's none of their damn business; lus relationslup with anyone in tlus town; Armstrong's or anyone else. He stated it is none of theu damn business or anyone else's damn business, but lris and the other persons. 8. Indicated that the Council can take the demand and shove it where the sun don't shine and the rest of the crap they come up with. He stated that is why they let him go first, that way they can respond. 9. Stated that he was going to go home early, now the City Attorney wants a Closed Session. 10. Stated that the Stadium is really a wlute elephant and noted that the Council really worked hard and its the first time since he has been on Council in the last suc and one half years that they have really worked together to get something done. He commented that he is happy about that, because that is ~ the only thing that he has been a part of. He noted that he did not like it, however it will accomplish something for the City. He stated that he hopes that TMC lives up to their part of the bargain. 11. He noted an article in the Press Enterprise and stated that it is amazing that when they don't want to get in touch with him, he is unavailable. He stated that he is the only guy listed in the book and hell, the D.A. knows where he is all of the time and they even served papers on him where he has lunch and noted that the newspaper can't even find him. He stated that lus wife would have told them where he was. ~Ie noted that t}iey had the same story about the demand. He commented that the next day after it appeared in the paper, he received it in'the mail. He stated that it contained a copy of the letter that _ _ __ PAGE SEVENTEEN - CIT'Y COUNCIL MINUTES - FEBRUARY 10, 1998 he signed with John Harper. Fie noted that he has been saying all along that he doesn't need ihis City Council or his posirion on tlus Council to get anything done in his private life. He stated that he has been doing it for 42 years and he does not need their help, the City's help, the County, State or Federal Government's help or any damn bank. He stated that he works his ass off and accomplish things and he doesn't give a damn what the Armstrong's have to say at that podium. He stated that he will deal with the Armstrong's with lus attorney, thaYs how he will do lus business. He addressed Mrs. Armstrong and told her that he left We table at the advise of lus attorney. He stated that he let him handle it. He stressed that is the first time he has walked away from anyone. Mayor Pape asked Mrs. Armstrong not to interrupt. Councilman Alongi stated that we will see who's a coward Shirley. He further stated that he felt that she was a damn fool to even do tlus, however thaYs your choosing, not mine. He cautioned that she would find another side of him one day, that I have never elcposed for 30 years, but I'm going to do it here. He noted that lris wife will probably divorce him; but, thaYs it and he has taken enough shit from all of them. Mayor Pape cautioned Councilman Alongi to please watch lus language. Councilman Alongi cautioned Mayor Pape to leave him alone. He stated "you understand Pape". Mayor Pape stated that he was just asking him for a little decorum and a little professionalism. Councilman Alongi stated "Bull- s1uY'; there I said it again, free speech. I3e stated if you don't like it get him recalled; if you don't like it get him off of tlus Council; you try to do it; in 1999 he is going to run. A member of the audience stated that tlus is the first time that he has attended a Council Meeting and he came to the Meeting because he had a problem; he did not attend to listen to Councilman Alongi's profanity. Councilman Alongi stated "that is the way it is". He noted that when you have to walk in my shoes, then stand up and say what you have to say. Councilwoman Brinley noted to the audience that the rest of Council does not conduct themselves in the same way. Councilman Alongi stated "absolutely not, you are so wonderful". Councilwoman Brinley stated that Councilman Alongi should be removed. Councilman Alongi stated that absolutely brother, when you stand in my shoes for the last four years; then stand up and say what you have to say. Mayor Pape asked for no more comments from the audience. Councilman Alongi stated that it is absolutely wrong, and it is wrong and he agrees with the audience. He stated that they pick on him to go first and he really doesn't give a damn; first, last or otherwise. He noted that the fact is that they manipulate you out there with the information that they give you, just like the Liberty program. He stated that it is a good development and if they can do it, he thought they should do it; have at it; he would love to see something in our community; but, don't - give him the bull-crap that the City is not giving anything to them. He asked PAGE EIGHTEEN -•CITY COUNCIL MINUTES -:EEBRUARY. 10, 1998 ~ that they don't give him the business about the RDA; don't give him the business about the Fire Station; don't give him the business about schools, parks and stuff; we aze sitting on two million dollars people. He noted that is your taxes and not theirs. He stated that he was reading an article from a Mayor of another town that said that in the interest of his reserves; he would like to have reserves but not at the cost of public services. He stated that public services come first and then the reserves and if we have any fine, and if we don't then we will deal with if down the road somehow. Iie fiuther stated that services should stay intact; we don't have services in tlris town; they kept you and your kids hostage for the money. He noted the deal with the Stadium and he is glad that they did it and he hopes they will stand by what they ageed to so the parks can stay open. He further commented that it is still not a solution; if they fall on their face aze they going to close the pazks again. He caufioned that Council has 21 days yet that they can cancel. He stated lets see what happens in 21 day and he hoped that they stick by it. 12. Addressed Mayor Pape and apologized to him and the City. Mayor Pape accepted lus apology. COUNCILMAN ALONGI LEFT THE TABLE. Councilwoman Brinley commented on the following: 1. Stated that she would like to reiterate ... Councilman Alongi interrupted... Councilwoman Brinley asked the Mayor to remove Councilman Alongi from the table since it is her turn and he relinquished ]ris turn. Councilman Alongi stated "then for God's sake take it...Jesus". Councilwoman Brinley asked that the audience not place the rest of Council in the same category with Mr. Alongi and how he conducts his personal business here from the podium. He noted that where Mr. Alongi makes ]vs mistakes is that he takes lus personal grievances and brings them here; and uses them to attack certain people; and then doesn't want to open them up for public comment. She stated that if you don't want to do that, then this is not the fonun to express that issue; you do it in your private conversarions; you don't take your dirty laundry and throw it on the front yard for everybody to take a look at. He stated that then you need to expect what will come back at you; you must take a good as you give and Mr. Alongi cannot do that; he will leave the podium or whatever it takes. She noted that the City did send Mr. Alongi a letter and confirmed with the City Manager. Read a letter from Councilman Alongi that he had personally signed regarding "Smith vs. Alongi" wluch indemnified the City and held it harmless. She noted that the City would not be held responsible and the bill was for legal fees. She apologized for what the public witnessed tlus evening. 2. Thanked staff and the City Attorney for their diligent and hazd work on the Stadium lease agreement that was approved tlris evening. She gave special ~ recognition to City Attorney Leibold. Noted that this was a concem of the _ __ _ . _ _ PAGE NINETEEN -,CITY COUNCIL MINUTES - FEBRUARY 10,1998 entire Council and they worked diligently to accomplish that. She stated her appreciation to TMC for stepping up to the plate, and any offer to buy the stadium will find the Council receptive. 3. Stated that Assistant City Manager Best has encouraged tourism in the City though her efforts with Goat Breker. Through the efforts of Ms. Best, Mr. Breker and lus event, there was an increase in trade in all of the restawants and motels. She noted that tourism is more than just the people, it is an aUnosphere which is created. She stressed that Assistant to the City Manager BesYs job is to draw tourism to the community. Mayor Pro Tem Kelley commented on the following: 1. Thanked the City's staff for support of the City Attomey and thanked City Attorney Leibold for her hard work and dedication through a lot of long nights of work. 2. Stressed expectations of decorum at City Council Meetings and noted that the residents deserve to be treated appropriately. 3. Addressed the Visions and Views coverage of the Open Air Market wluch - will be opening on March 1 st and expressed her delight to heaz that the progam has brought business and posirive comments Downtown wluch is the goal of the program. She announced that tlus month's coverage will cover romantic spots in Lake Elsinore and the locations will address newlyweds and oldweds. She commented that she had a great time and enjoyed doing the program. 4. Wished everyone a Happy Valentines Day. < Councilman Metze commented on the following: 1. Complimented staff and the City Attorney for their hard work. He noted that Deloitte and Touche were originally hired to talk with the team and they did give this contract theu blessing since they were involved in the process. Mayor Pape commented on the following: 1. Expressed his curiosity about what her husband says about the amount of time and nights City Attorney Leibold spent on the Stadium Agreement. He thanked staff and especially Administrative Services D'uector Boone and Community Services Director Sapp. 2. Stated that he was asked to let people know that there is an opportunity for husbands and wives to make points since there is a special art exlubit and torch songs on February 13th. * PAGE TWENTY•- CITY COITNCIL MINUTE5 - FEBRUARY 10, 1998 3. Noted Councilman Alongi's comments regarding the COI's. He stated that for over two years we have had numerous staff members attend LAFCO meetings on behalf of the City and representing our disfavor of ttus action. 4. Addressed Councilman Alongi's comment regazding always going first. He stated that he make a conscious effort to rotate the order to avoid that insinuation and his comment has no merit. 5. E~lained that chairing a meeting can be very di8icult and that there is a fine line in allowing a person to stay and participate or have them removed wluch is a last resort. He stated that he doesn't want to support or condone that action and is the purpose of him trying to regain order before moving on to the neart step. He noted the impact on the Meeting and stressed that it is often difficult to draw a line. He further stressed the need for control and with an apology would allow the comments to continue. He stressed lus need to be sure that he is making the right decisions before he takes action. CLOSED SES5ION a. Anticipated Litigation - 3 Cases (Pursuant to Government Code Section 54956.9(b)) b. Conference with Labor Negotiator - LIUNA 777 (Pursuant to Government Code Secdon 54957.6). CITY ATTORNEY LEIBOLD NOTED THE NEED FOR AN ADDITIONAL CASE OF ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (B). MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADD THE ADDITIONAL CASE. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:22 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:04 P.M. WITH THE FOLLOWING DIRECTION: 1) DIRECTED THE CITI' MANAGER TO SEND CORRESPONDENCE TO EVMWD AND SCHEDULE A MEETING REGARDING RECLAIMED WATER. 2) AUTHORIZED EXECUTION OF AN INDEMNIFICATION AGREEMENT WITH THE CITY OF CANYON LAKE REGARDING RESTRIPING OF RAILROAD CANYON ROAD. PAGE TWENTY-ONE - CITY COUNCIL MINUTES - FEBRUARY 10, 1998 3) DIRECTED LEGAL COUNSEL TO PURSUE A LEGAL ACTION. ~ 4) DIRECTED LEGAL COUNSEL TO SEND FINAL NOTICE OF DEFAULT AND COMMENCE ACTION TO TERMINATE AN AGREEMENT IN THE EVENT OF NON-COMPLIANCE. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:06 P.M. ~ VIN W. P E, MAYOR AT'T1:5To ~ ~z~ ~'ICKI K~~,S63D, C TY CLERK