HomeMy WebLinkAbout04-08-1997 City Council MinuesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TiJESDAY, APRIL 8, 1997
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by City Manager Molendyk.
INVOCATION
The Invocation was provided by Father Gonzalez representing St. Francis of Rome
Church.
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY,
KELLEY, METZE,
PAPE
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, Assistant City Manager
Watenpaugh, City Attorney Harper, Administrative Services Director Boone,
Community Development Director Leslie, Community Services Director Sapp,
Police Chief Walsh, Fire Chief Seabert, City Engineer O'Donnell, Building &
Safety Manager Russell, Assistant to the City Manager Best and City Clerk
Kasad.
PRESENTATIONS
a. Presentation - Certificates of A~reciation - Revenue & Services Task Force
M m r . (F:56.1)(X:59.1)
Mayor Pape noted the time and effort of this Task Force to participate in the
decision making process. He commented on the volume of information
provided to the Task Force members regarding the impacts of recent
legislation and the recession on the local economy. He thanked the Task
Force for their efforts.
Joyce Hohenadl, Chairwoman of the Committee, noted the ongoing efforts of
the Task Force to provide information to the Committee and stressed the
impacts if Measure BB should fail at the June 3rd Election. She further
PAGE TWO - CITY COLTNCIL MINUTES - APRIL 8, 1997
stressed the potential for closure of parks and removal of equipment. She
noted that the amenities in the Community make it a positive place to live;
and stressed the impact of deteriorating facilities on property values. She
fiuther stressed the number of residents who use the local parks for sports and
leisure. She advised that efforts are underway to obtain hosts for coffees or
campaign meetings and suggested that interested parties call (909) 674-0788.
Mary Venerable, addressed the Council and thanked them for the recognition
of this participation and indicated that she was glad to have been a part of the
Task Force. She indicated that tlus was a hard working committee, which
asked many pointed questions of the City Manager and placed him on the
spot for many hours on several occasions; and she was pleased to have been a
part of it. She addressed Councilman Alongi and indicated that he cannot be
allowed to ride the fence on Measure BB; or talk out of botli sides of his
mouth. She stressed the need for honest discussion of Measure BB on his
television program.
Mayor Pape presented Certificates of Appreciation to those Committee
Members present, being:
Mary Venerable, Thelma Ball, Joyce Hohenadl, Donna Franson, Mike
Aller, Bruce Atherton, Ralph Ferro, Paul Niehouse, Tom Thomas,
Tammy Fruin, Dave Bulen, Mike Mena
The following Committee Members were not in attendance for the
presentation and Mayor Pape requested that the Certificates be sent to them:
Chris Brown, Debra Childers, Carol Gordon, Deloise King, Chris
McColley, Dave Walsh, Phil Williams
City Manager Molendyk thanked the Task Force for the time they invested in
this effort and expressed stai~s appreciation for their assistance.
b. Proclamafion - National Library Week - Anril 14-20, 1997. (F:122.1)
Mayor Pape read and presented the Proclamation to Mr. Stump, representing
the library system. Mr. Stump thanked the Council for recognizing the
importance of libraries for the Community, and noted that he was previously
the Branch Manager of the Lake Elsinore Library. He stressed the
importance of the library as a window to the world for children, adults and
senior citizens. He advised that the library is wired for the 21 st century with
an Intemet Connection. Mayor Pro Tem Kelley noted that the theme for
National Library Week is "Libraries Change Lives, Ca11, Visit, Log on". She
further noted that Wednesday Apri116th is log on day for the Internet and
explained the log on procedure.
c. Presentation - California Department of Conservation - Surface Mining &
~
F~ - CITY COiJNCIL MINUTE5 - APRIL 8,1997
~
,:
Re~l~~nation Act Lead Agency Award. (F:56.1)(X:103.1)
Lee Tkribadeau, Board Member, California Department of Conservation,
e~cplained the establishment of the Stake Board which is appointed by the
Governor and totally self-sufficient; and the goals of the Board. He advised
that Lake Elsinore is one of 231ead agencies to receive a Certificate and
Resolution from the State, recognizing compliance with State Mining
regulations. He commented that Lake Elsinore has four mining operations in
the City and one of the fust cities to adopt a regulatory plan. He commended
staff for doing a great job in complying with the requirements. He noted that
financial assurances are an important part of the guidelines to assure that
abandoned sites are handled appropriately. He further noted that this
compliance displays concern for protection of the resources where they are
found. He reiterated that City staff was doing a great job and noted that the
Council has shown good leadership in directing staff. He stressed that
compliance is not an easy task and that is the reason the State is arixious to
recognize successful efforts. He presented a certificate and resolution to
Mayor Pape commemorating the Lead Agency Award. City Manager
Molendyk recognized Community Development Director Leslie and City
Engineer O'Donnell for their efforts in this area.
d, ~P~Pn+a~~n Allocation of Prg~ert~ Taxes. (F:72.2)
City Manager Molendyk noted that staff is trying to cover tax initiative
issues for June 3rd and this is an effort to clarify where the tax dollars go.
Assistant to the City Manager Best explained the gathering of properly tax
information and suggested that interested parties could obtain fi~rther
information by contacting the City Manager's Office. She presented a
Statement of Assessed Valuations from the County Assessor's Office and
noted the County collection of properiy taxes and the distriburion of a portion
to cities, schools and special districts. City Manager Molendyk clarified the
portion which is received by the City of Lake Elsinore. Ms. Best presented
two ta~c bills from Tuscany Hills and another area of the City, and detailed the
breakdown of the property taYes and stressed the total amount of taxes which
come directly to the City. She requested clarification of Community Facilities
District by the City Attomey.
City Attomey Harper clarified that Mello-Roos Community Facilities
Districts are formed at the time of development to finance public
infrastructure; and generally speaking developers have chosen this type of
District in order to have capital at a lower interest rate than a~ailable through
a commerciallender. He explained the overall reduction in costs for the
improvements and the related reduction in overall housing costs. He further
explained the use of bonds to provide for this type of financing; and stressed
that the City receives none of the CFD funds, as they go directly to the bond
holders. City Manager Molendyk noted that the City is providing a service
PAGE FOUR - CITY COUNCIL MINUTES - APRIL 8, 1997
much like the utilities which would be paid over a 12 month period. Ms. Best
presented a graph of the General Fund Estimated Revenues, and noted that
ktie estimated costs for Law Enforcement alone are $3.3 million. She stressed
that property taxes alone are not adequate to provide the services the
residents aze accustomed to.
PiJBLIC COMMENTS - AGENDIZED ITEMS
itequests were received to address the follownig item and defened to that
discussion:
Item No. 22.
CONSENT CALENDAR ITEMS
The following items were pulled from the Consent Calendar for fu-ther discussion
and consideration:
Item Nos. 4, 7, 8, and 9.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
LTNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT
CALENDAR AS PRESENTED.
T'he following Minutes were approved:
a. Adjourned Regular City Council Meeting - March 6, 1997.
b. Regular City Council Meeting - March 25, 1997. (F:44.4)
T'he following Minutes were received and ordered filed:
c. Planning Commission Meeting - February 19, 1997.
d. Planning Commission Meeting - March 5, 1997.
e. Plauning Commission Meeting - March 19, 1997. (F:60.3)
f. Design Review Committee Meeting - February 19, 1997.
g. Special Design Review Committee Meeting - March 5, 1997.
h. Design Review Committee Meeting - March 5, 1997.
I. Design Review Committee Meeting - March 19, 1997. (F:60.4)
2. Ratified Warrant List for March 31, ? 997. (F:12.3)
PAGE FIVE - CITY COUNCIL MINUTES - APRIL 8, 1997
3. Received and ordered filed the Investment Report for February, 1997.
(F:12.5)
5. Received and ordered filed the Monthly Reporting on State C.O.P.S. Grant
for January 31 and February 28, 1997. (F:84.8)
6. Approved Fina1 Tract Map 22912-4 (K Hovnanian) and accepted all
dedications; authorized the City Clerk to sign the map and arrange for
recordation and authorized the City Clerk to sign and obtain the signature of
the Mayor on the agreement for the Construction of Public Improvements.
(F:160.2)
PUBLIC HEARIIV
21. Tentative Tract Man No 28524 and Commercial Project No 97 1 Propoc~~
Commercial Lot Subdivision and Development of an AM/pM Mini-M~rt on
Pazcel #1 located at Nichols and Collier. (F:160.2)(X:58.2)
City Manager Molendyk highlighted this project and noted the elevations
which are compatible with colors and design of the Outlet Center.
Community Development Director Leslie noted that this is only the design
approval for the AM/PM Mini-Mart and not the adjacent restaurants.
Mayor Pape opened the public hearing at 7:45 p.m., asking those persons
interested in ttus item to speak. The following person spoke:
Mazko Botich, architect for the project, explained the partnership and the
intent of this project. He noted that this project has already received approval
by ARCO. He further noted that they have had several meetings with staff
and all of them were very cooperative, in working in the spirit of good
direction and fulfillment of a need in the area. He commented on the
discussions and noted that they have tried to get to the land design and
changes as requested for a good looking station which will be compatible
with the Outlet Center. He advised that he believes both sides were working
in good faith which is very much appreciated. He indicated that the only
concem is with regard to costs and noted that the latest was the assessment
disUrict. He further indicated that they agree to the rest of the conditions even
though some are very costly. He noted that the developers are nearing the
end of their funds, but a loan for consUuction is in place and ARCO has
committed to the project; but stressed the concern with the $69,000 relating
to an assessment district which has not yet been formed. He indicated that
City Engineer ODonnell has done a good job in reviewing the project and
getting their shaze down to a mn~unal amount. He stressed that there is a
major concern with paying into an assessment district which is not yet in
place. He requested that the Council consider leniency on the payment of
these fees and indicated that they are willing to secure it with letter of credit,
bond, etc.
PAGE SIX - CITY COiJNCIL MINUTE5 - APRIL 8, 1997
Hearing no additional requests to speak the public hearing was closed at 7:52
p.m.
City Manager Molendylc noted that it is the City Engineer°s job to project
traffic and development azound the project and indicated that the Assessment
District funds are based on the projections for the azea and proportionate
share for the improvements. He pointed out that since the drawing is
conceptual the applicant is aware that with the future development Collier is a
cul-de-sac and explained the stacking of traffic. Community Development
Director Leslie clarified that they have discussed an assessment district with
this developer, with the property owner on the other side of the freeway, and
the Alberhill Ranch property owner. He clarified that with an Assessment
District the developer would not necessarily pay the money up front, but over
a period of years. He stressed the need for cooperation between the property
owners to set it up; but in the meantime staff is recommending that the
developer pay his fair share as a cash deposit in lieu of the assessment
district. He reiterated that there is no assessment district in place at this time.
Mayor Pape noted that there appeazs to be two matters of discussion, one on
the assessment district and one on the appeazance of the building. He
suggested discussing the Assessment District issue with regard to tuning of
the payment and offered three possible alternarives. City Attomey Harper
noted that after Proposition 218 there are questions on the ability to coerce a
property owner to join a property based assessment district, but those would
not solve the problem tonight. Councilman Metze questioned the staff report
with regard to accepting a letter of credit at the time of building pernut, and
suggested that the proposal is not acceptable. City Manager Molendyk
clarified that it was possible to work with the Council policy; but if the money
is not in the bank or a letter of credit in hanc:, it causes a last minute political
problem. He noted several instances in which this problem occurred and
stressed the importance of some form of bonding. Counciiwoman Brinley
questioned what approach would be legally acceptable. City Attorney Harper
indicated that the City has in the past requested a Certificate of Deposit to
which the City is a beneficiary, which can be cashed out at buildout. He
indicated that a bond generally does not work as well. He further indicated
that a Letter of Credit has also been used in the past and is acceptable in this
situation as well.
Mayor Pape questioned the cash deposit required for a C.D., and noted that a
Letter of Credit might be the most feasible. Councilwoman Brinley suggested
that a Letter of Credit sounds like the safest approach. City Attorney Harper
noted that a C.D. could be one established with Cash prior to the loan and
assigned for this purpose. He indicated that either way the City is 100%
protected. Mayor Pape questioned the feasibility of a Letter of Credit when
permits are pulled and obtainnig the money by the issuance of the Certificate
of Occupancy. He stressed that tlus is an individual small business man, and
noted that it is important to work with the applicants to encourage
development. He indicated that he does not see a problem with working with
the developers to allow for a Letter of Credit in the amount of $69,000 at the
time of issuance of building permits. Councilman Metze inquired if this
would be acceptable to the developers. Mr. Botich thanked the Council for
this considerarion and indicated that it would be acceptable as a Letter of
Credit. He indicated that the only other point is that the $69,000 would be
paid incrementally with the development of the site and explained the
porkions to be paid at each point in the development.
Community Development Director Leslie indicated that staff had already
worked this out with the applicant for the entire project; and detailed the
break out for the overall project.
Councilman Alongi inquired whether the money was to be held in an account.
Mr. Leslie coi-finned that eventually it will be used to start more detailed
design analysis on the project as needed. Councilman Alongi suggested that
with this postponement of the requirement until the Certificate of Occupancy,
there be no further negotiations and the funds are up front before the doors
are opened. Mr. Leslie reviewed the proposal and indicated that there would
be no more negoriations.
i Councilxnan Alongi addressed page 3 of 43, Item No. 9, and indicated that he
still opposes alcohol at any gas station, particularly within five feet of the
cash register. He suggested that it should be placed in the back of the store.
He expressed concem with the proposed Variance in that it was caused by
the developer with the position of the pumps which are too close to the
property line. He suggested that there is plenty of room to move the pumps
and eliminate the need for the variance. He indicated that a variance should
not be approved unless absolutely necessary, and noted that this is the third
requested in a row for a variance by a gas station. He stressed that this
owner is the cause of the variance. Mr. Leslie noted that the variance deals
with the canopy requirements per the Code and explained the layout which
caused staffto view this project as having some special circumstances. He
clarified that this is an internal property line due to the parcel map. Mayor
Pape questioned if the issue is a matter of four feet. Mr. Leslie confirmed,
but explained that tlus makes it less than the minnnum requirement.
Councilwoman Brinley inquired whether the applicant would have a problem
adjusting the project to meet Mr. Alongi's request. Mr. Botich noted that
there are two sides to this issue, being the property line and the building. He
' indicated that it would not be a big hardship, but staff found the allowance
necessary due to the slope of over 30 feet down to the site. He clarified the
configuration of the properly. He noted the impact of the Collier Avenue
realignment as proposed. Mayor Pape concurred that this configuration
makes more sense. Councilman Alongi stressed that these are muiimum
' requirements rather than maximum; and questioned the distance of the pumps
from the building and whether it is possible to change the configuration.
Community Development Director Leslie indicated that he could have the
PAGE EIGHT - CITY COUNCIL MINUTES - APRIL 8, 1997'
canopy structure closer to the building, but it would conflict with Fire
Marshall requirements. Councilman Alongi stressed that a variance is a
special consideration to be granted in cases of extreme bwden on the project.
He sh~essed that the developer owns the adjacent lots and intends to sell them,
and a variance is not necessary. He suggested that ttris would be opening a
can of worms with each of the station that come in for approval.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE TENTATIVE PARCEL MAP NO.
28524 AND DESIGN REVIEW FOR COMMERCIAL PROJECT NO. 97-1,
BASED ON THE RECOMMENDED FINDINGS, EXHIBITS A THRU D
AND SUBJECT TO THE CONDITIONS OF APPROVAL AS FOLLOW,
WITH THE ADDITION OF THE LETTER OF CREDIT TO BE
SUBMITTED TO TAE CITY IN ADDITION TO THE CONDITIONS OF
APPROVAL.
Councilman Alongi indicated that lus aye vote was being given under protest.
Mayor Pape welcomed the applicants to the community.
Fin in
1. Subject to the attached Conditions of Approval, the proposed project is
not anticipated to result in any significant adverse environmental
impacts.
2. Conditions of Approval have been prepazed to address identified
conditions under which the project is currently being considered.
These conditions provide a safeguazd to insure that the project is
keeping with current City goals and policies.
3. The site, subject to the attached condirions, is suitable for this type of
development.
4. The project, on its own merit and within the context of its setting and
as proposed and conditioned complies with the Goals, Objectives and
Policies of the Alberhill Ranch Specific Plan, the General Plan, and the
Zoning District in which it will be located.
5. Conditions and safeguards pursuant to Chapter 17.82.070 of the
Zoning Code as required by the Alberhill Ranch Specific Plan,
including guazantees and evidence of compliance with conditions, have
been incorporated into the approval of the subject project to ensure
development of the property in accordance with the Objectives of
Chapter 17.82.
6. That the requested use, as proposed will not be detrimental to the
general health, safety, morals, and welfare of the persons residing in
PAGE NINE - CITY COUNCIL MINUTES - APRIL 8, 1997 `
the neighboring area or the City.
7. Adequate conditions and safeguazds pursuant to Section 17.76.050
have been incorporated in the approval of the variance to insure
development of the property in accord with the objectives of the
General Plan and the purpose of the C-H Zoning of the Alberhill Ranch
Specific Plan.
8. Special circumstances exist, pursuant to the purpose of Chapter 17.76,
applicable to the subject property which do not apply generally to other
properties in the neighborhood, and, therefore granting of this variance
sha11 not constitute a grant of a special privilege inconsistent with the
limitations other properties in the vicinity and district in which the
subject property is located.
9. Approving the variance from the strict interpretation of the Zoning
Ordinance represents a minor deviation from the Code necessary to
fulfill the purpose of ttris Chapter and enable reasonable development
of the property.
Conditions of Approval for Commercial Project No. 97-1, Conditional Use
Permit 97-1, Variance No. 97-1 and 97-2
Plannine Division
1. Design Review approval for Commercial Project No. 97-1, Conditional
Use Permit No. 97-1, and, Variance No. 97-1 & 97-2. wiil lapse and
be void unless building pernuts are issued within one (1) year of City
Council approval. An extension of time, up to one (1) year per
eactension, may be granted by the Community Development D'uector or
designee prior to the expiration of the initial Design Review approval
upon application by the developer one (1) month prior to expuation.
2. These Conditions of Approval shall be reproduced upon Page One of
Building Plans prior to their acceptance by the Division of Building and
Safety.
3. All site improvements shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site plans or
building elevations shall be subject to the discretion of the Community
Development Director or designee. All plans submitted for Building
Division Plan Check shall conform with the approved plans or as
modified by Conditions of Approval, the Planning Commission, or City
Council through subsequent action.
4. All ea~terior down-spouts shall be constructed within the interior of the
building prior to Certificate of Occupancy.
PAGE TEN - CITY COLINCIL MINUTES - APRIL 8, 1997
All roof mounted or ground support air conditioning units or other
mechanical equipment incidental to development shall be screened with
architectural elements compatible with the ~ro~osed design so that thev
are not visible from neighboring pro~~ nublic streets. Screening
plan, if determined necessary, shall be approved by the Community
Development Director or designee, prior to issuance of building permit.
6. All undeveloped lots shall be maintained in a neat and safe condition,
with erosion and weed control methods applied by the developer as
necessary to meet the approval of the Community Development
Director until such time as these lots are built-out. If building permits
are not issued within 90 days, all areas or pads graded, during the
grading operation, shall be landscaped and irrigated.
7. The approval for the sale of alcohol shall be limited to the sale of beer
and wine only. No general(distilled) alcoholic beverage sales. No
alcoholic beverages shall be dispensed or sold through the drive-
through window.
8. No onsite consumption of alcohol shall be allowed.
9. No beer or wine shall be displayed within five (5') feet of the cash
register or the front door unless it is a permanent affixed cooler.
10. No advertisement of alcohol beverages shall be displayed at motor fuel
islands.
fl 1. No self illuminated advertising for beer or wine shall be located on
buildings and windows.
12. In order to sell alcohol an employee shall be at least 21 years of age.
Ttus reshiction applies twenty-four hours a day, seven days a week.
13. Window azea can not be obscured with posters and advertising to the
point that police patrols will not be able to see into the mini-mart.
14. Materials and colors depicted on the materials board shall be used
unless modified by these conditions, Community Development Director
or his designee.
15. Applicant shall meet all Conditions of Approval prior to the issuance of
a Certificate of Occupancy and release of utilities.
16. Applicant is to meet all applicable City Codes and Ordinances
including American Disability Act requirements prior to issuance of
building permit.
PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 8, 1997
17. Meet a11 Riverside County Health Department requirements.
18. Meet all Riverside County Fue Department requirements.
19. No outdoor storage shall be allowed.
20. Trash enclosures sha11 be constructed per City standazds as approved
by the Community Development Directar or designee,
21. All roof ladders and accessory equipment shall be located within the
interior of the building or in specially designed areas concealed from
public right-of-way view.
22. Applicant sha11 use roofing materials with Class "A" fire rating.
23. Brick pavers or texture pavement treatments shall be laid in bank
designs and shall be located at the driveway approaches entrances and
crosswalks.
24. A Sign Program encompassing all signage shall be prepared and
submitted to the Plamring Commission for review and approval.
25. The final landscaping/irrigation plan is to be reviewed and approved by
the City's Landscape Arclutect Consultant and the Community
Development Director or designee, prior to issuance of Building
Pernut. A Landscape Plan Check and Inspecrion Fee will be charged
prior to final landscape approval based on the Consultant's fee plus
forty percent (40%).
a) All planting areas shall have permanent and automatic sprinkler
system with 100% plant and grass coverage using a combination
of drip and conventional irrigation methods.
b) Applicant shall plant street trees, selected from the City's Street
Tree List, a maximum of thnty feet (30') apart and at least
twenty-four-inch (24") box. On areas where screening, is
necessary trees shall be at least tlurty six-inch (36") box size).
c) All planting areas shall be separated from paved areas with a six
inch (6") high and six inch (6") wide concrete curb.
d) Planting widun fifteen feet (15') of ingress/egress points shall be
no lrigher than tlvrty-six inches (36").
e) Landscape planters sha11 be planted with an appropriate parking
lot shade tree to provide for 50% parking lot shading in fifteen
(15) years.
PAGE TWELVE - CITY COIJNCIL MINUTE5 - APRIL 8, 1997
fl Any transformers and mechanical or electrical equipment shall
be indicated on landscape plan and screened as part of the
landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs, and
trees and meet 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 shall be bonded 120% Faithful
Performance Bond, and released at completion of installation of
landscape requirements approvaUacceptance, and bond 100%
for material and labor for one (1) year.
I) Final landscape plan must be consistent with approved site plan.
j) Fina1 landscape plans to include planting and irrigation details.
26. All etcposed slopes in excess of three feet (3') in height sha11 have a
permanent irrigation system and erosion control vegetation installed,
approved by the Planuuig Division.
27. 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. Prior to final
precise grading plan approval, applicant shall submit a lighting plan or
reflect on subsequent building plans security lighting for the site,
subject to the review and approval of Planning Department Staff.
28. The project shall connect to sewer and meet all requirements of the
Elsinore Valley Municipal Water District (EVMWD). Applicant shall
submit water and sewer plans to the EVMWD and shall incorporate all
district conditions and standards.
29. All loading zones shall be clearly marked with yellow striping and shall
meet City Standards for loading zones.
30. Trailers utilized during construction shall be approved by the Pla~u~ing
Division with appropriate bonds posted to insure removal at
development completion.
31. On-site surface drainage shall not cross sidewalks.
32. Parking stalls shall be double-striped with four-inch (4") lines two-feet
(2') apart.
PAGE THIRTEEN - CITY COiTNCIL MINUTES - APRIL 8, 1997
33. Painted arrows on the asphalt shall be located at all internal one-way
drive aisles.
34. Prior to issuance of any building permit, the applicant shall sign and
complete an "Aclaiowledgment of Conditions" and sha11 return the
executed original to the Community Development Department for
inclusion in the case records.
35. The applicant sha11 submit a graffiti removal program. This program
shall include methods for immediate graffiti removal and shall be
subject to the approval of the Community Development Director or
designee.
a.) The applicant shall pay a$500.00 per acre Stephen's Kangaroo
Rat (SKR) mirigation fee prior to issuance of a grading permit.
Engineering Division
36. All Public Works requirements shall be complied with as a condition of
development as specified in the Lake Elsinore Municipal Code
(LEMC) prior to building permit.
37. Commercial Project C 97-1 shall be subject to all applicable conditions
of approval for Parcel Map 28524 at building pernut.
Conditions of Approval for Tentative Parcel Map No. 28524
~lamiin~ Division
Tentative Parcel Map No. 28524 shall be subject to a11 applicable
conditions of approval for C 97-1.
En ' eerin,g Division
2. All Public Works requirements shall be complied with as a condition of
development as specified in the La1ce Elsinore Municipal Code
(LEMC) prior to final map approval.
Dedicate underground water rights to the City (LEMC 16.52.030).
4. Pay all Capital Improvement and Plan Check fees (LEMC 16.34).
5. Submit a"Will Serve" letter to the City Engineering Department from
the applicable water agency stating that water and sewer arrangements
have been made for this project. Submit tius letter prior to final map
approval.
PAGE FOURTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997 ,
6. Construct a11 public works improvements per approved street plans
(LEMC, Title 12). Plans must be approved and signed by the City
Engineer prior to final map approval. (LEMC 16.34).
7. Street improvement plans and specifications shall be prepared by a
Civil Engineer. Improvements shall be designed and conshucted to
Riverside County Road Department Standards, latest edition, and City
Codes (LEMC 12.04 and 16.34).
8. Pay all fees and meet requirements of an encroachment permit issued
by the Engineering Department for construction of off-site public
works improvements (LEMC 12.08 ). All fees and requirements for an
encroachxnent pernut shall be fulfilled before Certificate of Occupancy.
9. Applicant sha11 submit a traffic control plan showing all traffic control
devices for development of this site, to be approved prior to final map
approval. All traffic control devices shall be installed prior to final
inspection of public improvements.
10. Developer shall pave Nichols Road. from easterly property line to I-15
on-ramp to accommodate a right turn lane for the southbound I-15 on-
ramp.
11. All improvement plans and tract maps sha11 be digitized. At Certificate
of Occupancy applicant shall submit tapes and/or discs which are
compatible with Ciry's ARC Info/GIS or developer to pay $1,000 per
sheet for City digirizing.
12. Provide soils, geology and seismic report including street design
recommendations. Provide final soils report showing compliance with
recommendations.
13. All compacrion reports, grade certifications, monument certifications
(with tie notes delineated on 8" x 11" Mylar) shall be submitted to
the Engineering Deparhnent before final inspection of public works
improvements will be scheduled and approved.
14. Applicant shall obtain any necessary CalTrans permits and meet all
CalTrans requirements.
15. Applicant shall obtain a11 necessary off-site easements for off-site
grading from the adjacent property owners prior to final map approval.
16. If grading exceeds 50 cubic yards, grading plans shall be prepared by
a Civil Engineer and approved prior to grading pernut issuance. Prior
to any grading, the applicant shall obtain a grading permit and post
appropriate security.
PAGE FIFTEEN.- CITY COiTNCIL MINUTES - APRIL 8, 1997
17. Arrangements for relocation of utility company facilities (power poles,
vaults, etc.) out of the roadway shall be the responsibility of the
property owner or his agent.
18. Provide fire protection facilities as required in writing by Riverside
County Fire.
19. Provide sh~eet lighting, show lighting improvements on street
improvement plans, as approved by the City Engineer.
20. Developer shall be subject to a11 Master Planned Drainage fees and
will receive credit for all Master Planned Drainage facilities
constructed by this project and that have been constructed by the
Redevelopment Agency.
21. Individual lot drainage shall be conveyed to a public facility or
accepted by adjacent property owners by a letter of drainage
acceptance or conveyed to a drainage easement.
22. All natural drainage traversing the site shall be conveyed through the
site, or shall be collected and conveyed by a method approved by the
City Engineer.
23. The driveway on Nichols Road. shall be for right turn-in and right turn-
out only. Developer sha11 provide some interim method of effectively
restricting left turns in and out.
24. The northerly driveway on Collier Ave. sha11 be for right turn-in and
right turn-out only.
25. Provide site distance analysis for the southerly driveway on Collier
Ave. The site distance shall meet the design criteria of the
CALTRANS Design Manual. If site distance can be obshucted, a
special limited use easement must be recorded to limit the slope, type
of landscaping and wall placement.
26. Applicant shall record a CC&R that provides for irrevocable reciprocal
parking, circulation, ingress and egress, loading and landscaping
maintenance easements in favor of all lots. It sha11 also enforce
' standards of building maintenance and participation in landscape
maintenance. The CC&R shall be approved by the Community
Development Director and shall be recorded with the final map.
27. A possible benefit assessment district is being considered in tlus area
for the purposes of improving the interchange at I-15 and Nichols
Road. If a benefit assessment district has not been formed at time of
building permit for this project, the applicant sha11 conh~ibute an
PAGE SIXTEEN - CITY COiTNCIL MINUTES - APRIL 8, 1997
amount not to exceed $48,000 toward these improvements based on
the prorata fair share for the developmenYs increment increase in the
traffic. At minimum, the applicant shall submit a letter of credit for this
amount in a form deemed acceptable to the City prior to issuance of
building pernuts. Prior to issuance of Certificate of Occupancies, the
amount must be converted from a letter of credit to an actual cash
deposit with the City or a certificate of deposit assigned to the City in a
form deemed acceptable to the City. The applicant can make
contributions at issuance of building pernuts incrementally based on
traf~ic generation for the building use that a permit or Certificate of
Occupancy is being issued for at that particular time.
28. Developer shall conh-ibute an amount not to exceed $20;000 toward
the design and construction of a traffic signal at Collier Ave. and
Nichols Road. The contribution is limited to the prorata fair share for
the development's increment increase in the traffic. At minim~n, the
applicant shall submit a letter of credit for this amount in a form
deemed acceptable to the City prior to issuance of building pernuts.
Prior to issuance of Certificate of Occupancies, the amount must be
converted from a letter of credit to an actual cash deposit with the City
or a certificate of deposit assigned to the City in a form deemed
acceptable to the City. The applicant can make contributions at
issuance of building pernuts incrementally based on traffic generation
for the building use that a pernut or Certificate of Occupancy is being
issued for at that particular time.
29. Roofs must drain to a landscaped area.
22. Declaration of Weeds Rubbish Refuse and Dirt as a Nt~isance Prop~
Owners Notified - Resolution No 97-17. (F:166.1)
City Manager Molendyk reminded the community that this was an annual
procedure for weed abatement; and encouraged abatement by property
owners prior to the City doing so. Mayor Pape concurred that this is done
every yeaz.
Mayor Pape opened the public hearing at 820 p.m.
Mariana Mohylyn, 305 W. Sumner, indicated that Code Enforcement putting
residents on notice is o.k., but administrative fees are not acceptable. She
commented on revenue sources and noted that tenants don't pay taaces. She
fiuther indicated that property owners are victimized by local government,
and most residents take taxes laying down. Mr. Molendyk noted that there
are no charges if the work is done by the property owners. Mayor Pape
concurred and stressed that if the properties are cleaned up there are no fines
or fees.
PAGE SEVENTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997
Lori Brevaleri, tenant at 304-1/2 Spring Street, commented that the City
should stop raping the people with taxes. She indicated that the people
should get together and raise the standards.
Hearing no additional requests to speak the Public Hearing was closed at 825
p.m.
Councilwoman Brinley noted that the notice which went out on February
l lth, gives times and dates for hearings and timing to clear lots. She detailed
the content of the notice and indicated that it was self e~cplanatory.
Councilman Metze concurred with the comments of Mayor Pape. He
indicated that he would support higher administrative fees of $500 or $1,000;
as the City is not in the business of cleaning other peoples' property.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNA1vIMOU5 VOTE TO ADOPT RESOLUTION NO. 97-17.
RESOLUTION NO. 97-17
A RESOLUTION OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH,
REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE
HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA
AND CHAPTER .32 OF THE LAKE ELSINORE MUNICIPAL CODE
CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE
GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH
DIVISION 12, PART 5, CHAPTER 2 OF THE HEALTH AND
SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER
8.32 OF THE LAKE ELSINORE MUNICIPAL CODE AND
PROVIDING FOR A HEARING ON OBJECTIONS, TOGETHER
WITH FILING OF COST REPORTS AND ASSESSMENTS AGAINST
ABUTTING PROPERTY OWNERS.
BUSINESS ITEM
31. Second Reading - Ordinance No. 1028 - PERS Contract Amendment.
(F:68.1)(X:116.3)
MOVED BY BRINLEY, SECONDED BY ALONGI TO ADOPT
ORDINANCE NO. 1028 UPON SECOND READING BY TITLE ONLY.
ORDINANCE NO. 1028
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE
PAGE EIGHTEEN - CITY COUNCIL MINUTES - APRIL 8, 1997
CITY COUNCIL OF THE CITY OF LAKE ELSINORE.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY,
METZE, PAPE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
32. Commercial Project No 97-3 - Pro~osed El Pollo Loco Restauant at the
Lake Elsinore City Center. (F:58.2)(X:150.2)
City Manager Molendyk highlighted the location of this project and the
Planning Commission consideration. He indicated that this will be a good
addition to the Center, but noted that there were some concems with the
corporate colors as proposed. He advised that the Plam~ing Coxntnission has
recommended approval of the project, with color changes that are toned down
to coordinate with the overall center. Communiry Development Director
Leslie noted his conversation with the applicant and advised that they have
agreed to work with staff on the colors to bring them more in line with the
center.
Dennis Malone, representing Highgrove Restaurants, advised that the colors
depicted on the elevation are brighter than usual and they intend to make the
colors conform with the center. City Manager Molendyk inquired when they
would anticipate opening theu restaurant. Mr. Malone indicated that they
believe it will be late July or eazly August.
Councilwoman Brinley thanked Mr. Schleuniger for his efforts to bring a
quality center to the City on a timely basis.
Mayor Pape questioned the hillside in back of the center and how it is coming
with the growth. Mr. Leslie indicated that it was completed at the opening of
the Denny's Restaurant, but recently he has observed that some of the plant
material needs to be replaced. He noted that he has not had the opportunity
to work with the landscape architecdinspector to have hun go and check; but
will do so. Mayor Pape inquired if direction to do so should be included in
the motion or conditions of approval. City Attorney Harper indicated that it
would not be appropriate on this project because there is no ne~cus to this
project; and the obligation to maintain the landscaping is on the center
developer.
MOVED BY KELLEY, SECONDED BY METZE AND CARRIED BY
PAGE NINETEEN - CITY COUNCIL MINUTES - APRIL~8, 1997
UNANIMOUS VOTE TO APPROVE DESIGN REVIEW FOR
COMMERCIAL PROJECT NO. 97-3, BASED ON THE FINDINGS,
EXHIBITS A THRU D AND SUBJECT TO THE FOLLOWING
CONDITIONS OF APPROVAL.
Conditions of Approval for Commercial Project No. 97-3 "El Pollo Loco
Restaurant" at the Lake Elsinore City Center"
Fin in
Subject to the attached Conditions of Approval and the Mitigation
Measures contained in the certified Environmental Impact Report No.
92-3 for the site, the Proposed project is not anticipated to result in any
significant adverse environmental impacts.
2. The project, as proposed complies with the Goa1s, Objectives and
Policies of the General Plan, the Elsinore City Center Specific Plan,
and the zoning District in which it is located.
3. This project complies with the design direcrives contained in the
Elsinore City Center Specific Plan.
4. Conditions and safeguazds pursuant to Chapter 17.82.070, including
guarantees and evidence of compliance with conditions, have been
incorporated into the approval of the subject project to ensure
development of the property in accordance with the Objectives of
Chapter 17.82 and the Elsinore City Center Specific Plan.
~launin,g Division
1. Design Review approval for Commercial Project No. 97-3 will lapse
and be void unless building pernuts are issued within one (1) year of
City Council approval. An extension of time, up to one (1) year per
extension, may be granted by the Community Development Director
prior to the expiration of the initial Design Review approval upon
application by the developer one (1) month prior to expiration.
2. These Conditions of Approval sha11 be reproduced upon Page One of
Building Plans prior to their acceptance by the Division of Building and
Safety.
3. All site improvements shall be constructed as indicated on the
approved site plan and elevations. Revisions to approved site plans or
building elevations shall be subject to the discretion of the Community
Development Director. All plans submitted for Building Division Plan
Check shall conform with the submitted plans or as modified by
Conditions of Approval, or the City Council through subsequent acrion.
PAGE TWENTY - CITY COUNCIL MINUTES - APRIL 8, 1997
4. Materials depicted on the elevations shall be used unless modified by
these conditions, Community Development Director or lus designee.
,
,
farti~e-E-enter. Staff is to work with the applicant and develop a
suitable alternative to the strict corporate colors of El Pollo Loco. The
final color scheme shall be consistent with the approved color for the
center with some variation and subject to the approval of the
Community Development Director or designee.
5. A fully detailed scaled and dimensioned site plan shall be submitted to
the City for review and approval prior to the issuance of building
permits. This plan sha11 accurately show a11 parcel boundaries and
dimensions including right-of-way. The plan shall also show a11
required setbacks.
6. Applicant shall meet all Conditions of Approval prior to the issuance of
a Certificate of Occupancy and release of utilities.
7. Applicant is to meet all applicable City Codes and Ordinances
including State handicap requirements.
Meet all Riverside County Health Deparlment requirements.
9. Meet a11 Riverside County Fue Deparhnent requirements.
10. No outdoor storage shall be allowed for any tenant.
11. Trash enclosures shall be constructed per City standards as approved
by the Community Development Director or designee, prior to issuance
of Certificate of Occupancy.
12. All roof ladders and elechical panels shall be located within the interior
of the building or in specially designed areas concealed from public
right-of-way view.
13. Applicant sha11 use roofing materials with Class "A" fire rating.
14. All roof mounted or ground support air condirioning units or other
mechanical equipment incidental to development shall be
architecturally screened so that they are not visible from neighboring
property, public streets, and the I-15. Cross sections for the proposed
restaurant shall be submitted to determine if screening is necessary. ff
determined necessary, screening plan shall be approved by the
Community Development Director, prior to issuance of building
PAGE TWENTY-ONE - CITY COUNCIL MINUTES - APRIL 8, 1997
permit.
15. All exterior down-spouts sha11 be constructed within the interior of the
building or concealed from public right-of-way view.
16. The final landscaping/irrigation plan is to be reviewed and approved by
the City's Landscape Arclutect Consultant and the Community
Development D'uector or designee, prior to issuance of building permit.
A Landscape Plan Check Fee will be charged prior to final landscape
approval based on the Consultant's fee plus forty percent (40%).
a) All planting areas sha11 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) (Per the Elsinore City
Center Specific Plan) apart and at least twenty-four-inch (24")
box.
c) All planting areas shall be separated from paved azeas with a six
inch (6") high and six inch (6") wide concrete curb.
d) Planting within fifteen feet (15') of ingress/egress points shall be
no higher than thirty-six inches (36").
e) Landscape planters shall be planted with an appropriate parking
lot shade tree to provide for 50% parking lot shading in fifteen
(15) years.
fl Any transformers and mechanical or elecirical equipment shall
be indicated on landscape plan and screened as part of the
landscaping plan.
g) The landscape plan shall provide for ground cover, shrubs, and
trees and meet all requuements of the City's adopted Landscape
Guidelines. Special attention to the use of Xeriscape or drought
resistant plantings with combination drip irrigation system to be
used to prevent excessive watering.
h) All landscape improvements shall be bonded 120% Faithful
Performance Bond, and released at completion of installation of
landscape requirements approvaUacceptance, and bond 100%
for material and labor for one (1) year.
I) All landscaping and irrigation shall be installed within affected
portion of any phase at the time a Certificate of Occupancy is
PAGE TWENTY-TWO - CITY COiJNCIL MINUTES - APRIL 8, 1997
requested for any building. All planting 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.
17. All exposed slopes in excess of three feet (3') in height sha11 have a
permanent irrigation system and erosion control vegetarion installed,
approved by the Plaiming Division.
18. All exterior on-site lighting shall be shielded and directed on-site so as
not to create glare onto neighboring property and streets or a11ow
ilhimination above the horizontal plane of the fixtm-e.
19. The proposed project shall comply with the approved Uniform Sign
Program for the center which specifies harmonious and consistent
colors, materials and specifications which will enhance the center's
design and meet the provisions of Lake Elsinore Municipal Code,
Chapter 17.94 and the approved Elsinore City Center Specific Plan.
All signage including freestanding signs shall be by City Pernut and in
conformance with the approved Master Signage Program. Individual
sign permits are required prior to the erection of each sign.
20. The project shall connect to sewer and meet all requirements of the
Elsinore Valley Municipal Water District (EVMWD). Applicant shall
submit water and sewer plans to the EVMWD and shall incorporate all
district conditions and standards.
21. All loading zones shall be clearly marked with yellow striping and shall
meet City and Specific Plan Standards for loading zones.
22. Trailers utilized during conshuction shall be approved by the Plamung
Division.
23. On-site surface drainage shall not cross sidewalks.
24. Parking stalls sha11 be double-striped with four-inch (4") lines two-feet
(2') apart.
25. Prior to issuance of any building permit, the applicant sha11 sign and
complete an "Acknowledgment of Conditions" and sha11 return the
executed original to the Community Development Deparhnent for
inclusion in the case records.
26. This project shall be subject to the Mitigation Monitoring Program
PAGE TWENTY-TI-IlZEE - CITY COiTNCIL MINUTES - APRIL 8, 1997
contained in the Certified Environmental Impact Report No. 92-3.
27. All vending machines, tables, kid's rides, newspaper racks, telephones
and similar devices, if proposed shall be concealed from view with a
structure consistent with the building design. These shall be approved
by the Community Development Director or designee prior to
installation.
28. The applicant shall submit a graffiti removal program. This program
shall include methods for immediate graffiti removal and shall be
subject to the approval of the Community Development Director or
designee.
Engineering Division
29. Commercial Project 97-3 shall be subject to all applicable conditions of
approval for Parcel Map 27659.
30. The roof must drain to a landscaped area.
ITEMS PULLED FORM THE CONSENT CALENDAR
4. Proclamation - Crime Victims' Rights Week. (F:122.1)
Mayor Pro Tem Kelley explained the topic of this Proclamation and requested
that Chief Walsh comment on the recent reductions in crime statistics and the
impact of citizen participation on those numbers. Chief Wa1sh commented on
the rights of victims which should be as respected as the rights of the
criminals. He indicated that the City has availed itself as good witnesses and
victims, helped solve a large number of crimes and reduce the crime rate. He
noted that the reduction is approximately 4001ess violent crimes last year
than the previous year. He commended the citizens on their efforts and their
interest in becoming involved; and expressed the appreciation of the Police
Department.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE PROCLAMATION FOR CRIME
VICTIMS' RIGHTS WEEK AND DIRECT STAFF TO TRANSMIT TO
THE REQUESTING PARTY.
7. Award of Contract for Consultant Services for the Preparation of Plans
~pecifications and Estimates for the Spring Street/Chaney Street Pavement
Rehabilitation Project - CNC Engineering CompanX. (F:156.2)
Councilman Metze noted the staff report and stressed that the streets in the
downtown area, where waterline replacement has occurred, is no where neaz
completion. He expressed concern with the terrible condition the streets
PAGE TWENTY-FOUR - CITY COLTNCIL MINUTES - APRIL 8, 1997
aze being left in; and stressed that the Council wants curb to curb
improvements and they are not being done. Mayor Pape concurred.
Councilwoman Brinley noted efforts by the League of California Cities to
protect cities from this ongoing problem. She indicated that they have
proposed a noticing program when a street is being repaved and utilities are
granted a period of time during which they can do underground work prior to
the paving; and after that there would be a moratorium for five years before it
could be torn up again. She explained that in the event of an emergency there
would be a very lugh fee for the work. She suggested a letter of support be
sent to the League on this issue. She noted that a good example is Mission
Trail in front of Town Center and stressed the mess left by the Water District
at that location.
Councilman Metze suggested input by staffprior to final approval of the Old
Town Water project. City Engineer O'Donnell indicated that staff is working
with the Water District to obtain repairs for two feet on either side of the
trenching. Councilman Metze indicated that the policy was changed; and
stressed that the City gets blamed and ends up having to repair the roads. Mr.
O'Donnell inquired if there is a neacus to have the street resurfaced. City
Attorney Aazper indicated that the utilities aze obligated to leave the streets in
their original condition; and if that requires pavement surfacing from center
line to curb then that is what they must do. Mayor Pape suggested a study
session to discuss this issue and alternatives, and noted the issue of street life
and the impact of work on the street to reduce that life and require more
repairs.
MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO ACCEPT THE PROPOSAL FOR DESIGN
SERVICES AND APPROVE THE AWARD OF A CONTRACT TO CNC
ENGINEERING COMPANY IN THE AMOUNT OF $48,968.64 FOR THE
DESIGN OF IMPROVEMENTS FOR SPRING STREET/CHANEY
STREET PAVEMENT REHABILITATION PROJECT AND AUTHORIZE
THE CITY MANAGER TO EXECUTE THE CONSULTANT
AGREEMENT.
~. Parking Prohibition for School Bu 4tnp on Mill Street in Front of Railroad
~anyon Elementarv School - Resolution No 97-16. (F:112.1)(X:142.1)
Councilman Alongi noted that this item came up a couple of years ago with
regard to loading and unloading, and busses parking in the middle of the
street. He furkher noted that at that time a School Boardmember indicated
that this impacted the parking for the volunteers. He expressed concern that
the Schools don't come to the City to address theu parking when it is
developed, but only come to have the City fix the problem. He noted that the
street sweeping has already been rescheduled in that area to accommodate the
school. He suggested working with the School District in a study session to
PAGE TWENTY-FIVE - CITY COiJNCIL MINUTES - APRIL 8, 1997
address concems of this type district wide. He noted that portable
classrooms ha~e been added with no notification or approval. He fiuther
noted the vacant property adjacent to the school which could be purchased to
solve the parking issue. He expressed concern that the District wants the City
to solve their problems and suggested a yellow curb along the whole area, to
a11ow for drop off and street sweeping in the area. He reiterated the need for
a study session.
Mayor Pro Tem Kelley commented that schools do grow and this school was
designed for many fewer children than it now houses. She indicated that the
District has requested a red curb to allow for school buses; and noted similar
problems at other schools. She fwther indicated that the yellow zone does
not solve the problems and suggested that this is a simple and clear request.
MOVED BY KELLEY TO APPROVE THIS REQUEST WITH A FUTURE
STUDY SESSION TO LOOK AT OTHER LOCATIONS. MOTION
FAILED FOR LACK OF A SECOND.
Councilman Alongi noted that this problem has been going on since the
schools were built and the District made no effort to acquire an adjacent
property. He stressed that this is a public street on which citations could be
written if the curb is used improperly. He indicated that it was important to
face the fact that the busses are not the only ones unloading children, and
suggested that the red curbs do not solve the problem.
Councilwoman Brinley concurred that there is a need to sit down with the
District to prevent future problems. She questioned the curb markings, the
location for the buses, and where the parents will pick up the children. She
suggested that there was a danger in having children crossing the parking lot
to get to the buses. City Engineer O'Donnell clarified the placement of the
red curb and the walking access for the children. Mrs. Brinley questioned
who owns the vacant lot adjacent to the school. Mr. O'Donnell indicated that
it was private ownership. Councilman Alongi expressed fiuther concern with
the location of the red zone and how it will be handled in the future.
Councilwoman Brinley reiterated the need for a study session to provide for
clarification. Councilman Alongi stressed the driveway configuration and
detailed the direction in which students wallc; and indicated that it is a very
poor setup which needs to be thoroughly reviewed. He further addressed the
parking of cars by the ~~olunteers, and indicated that this will come up again
when future development occurs..
Councilwoman Brinley concurred with need for a study session, but stressed
need to address the problem as presented.
Councilman Metze indicated that to understand this problem it is necessary to
experience it by needing to go pick up a child when there are close to 1,000
students. He stressed the volume of traffic and suggested that it is nearly
PAGE TWENTY-SIX - CITY COUNCIL MINUTES - APRIL 8, 1997
impossible to solve. Councilman Alongi stressed that the school is not built
properly. Councilman Metze indicated that no parking zones will not solve
the problem as it is impossible to solve this problem in front of any
elementary school. Councilwoman Brinley questioned if the best approach
would be to schedule a study session. Mayor Pape clarified the request by
the school district and the configuration as proposed; and suggested that it
was possible to express concerns to the School District, suggest other
altematives to reduce the problem fiuther, but he was not sure they can do
anything in the near future. Mayor Pape indicated that he would have no
problem with moving the buses to get them away from the cars and kids, as it
seems logical and a step in the right direction. He e~pressed hopes that the
School District can ultimately do more to address the problem.
Councilwoman Brinley questioned if the motion should approve a study
session to address other issues at the other schools.
MOVED BY BRINLEY, SECONDED BY PAPE TO APPROVE
RESOLUTION NO. 97-16 PROHIBITING PARKING TO ESTABLISH A
SCHOOL BUS STOP ON MILL STREET IN FRONT OF RAILROAD
CANYON ELEMENTARY SCHOOL; AND ASK STAFF TO SET A STUDY
SESSION WITH THE SCHOOL DISTRICT TO ADDRESS THE
CONCERN5 AT OTHER SCHOOLS.
Councilman Alongi stressed that part of the problem is due to the volunteers
who park on both sides of the street. He indicated that there should be a
yellow curb all along the front of the school, as this proposal is putting red
curbs in front of a residence. Councilman Metze indicated that this will not
solve the problem of picking up children; and people will need to learn to deal
with it.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
Councilman Alongi stressed that a study session should be set up quickly.
RESOLUTION NO. 97-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, ESTABLISHING NO PARKING ZONES ON
CERTAIN STREETS (MILL STREE~.
9. International Novice Tour Waterski-Wakeboard-K eeboard vPnt .(F:62.1)
City Manager Molendyk highlighted this item and the special event dates.
Councilman Alongi indicated that he pulled this item because it was down to
the 1 lth hour again; and suggested development of a program which would
detail what is required in the way of liability coverage, parking, etc. He
PAGE TWENTY-SEVEN - CITY COUNCIL MINUTES - APRIL 8, 1997
questioned what the City would be getting out of the event; and clarified that
he is not opposing the event, but rather the timing of the approval. He
questioned who else could promote this type of event and sh~essed the need
for regulations.
Richard Nichols, resident of De La Llama, noted a conversation last week on
special events, and noted the partial blocking off of the La1ce. He further
noted that the ramps aze a nice set up, but having races would be almost
impossible. He noted that he participated in the event that launched last year
off of the State beach. He commented that the Council is routinely crucified
for not raising funds, but those are situations to solve down the road. He
questioned why the Special Events or Races are not more publicized in the
newspaper. He suggested placing a banner to announce the special events on
Main Street. He stressed the beauty of the Lake and noted the it is used as a
training area for world competition teams. He suggested that the fees for
special events wluch block a portion of the Lake should be higher. He further
stressed the value of the Lake and the ability for it to produce revenue for the
City.
Mayor Pro Tem Kelley questioned whether the closure would be full or
partial. Ms. Nanette advised that it would only be in the inlet channel.
Councilman Alongi expressed concern that with more activities there is need
to make more arrangements. Mayor Pape noted that the insurance is with
Ski America insurance, and that there would be no food concessions for the
event. He questioned the possibility of local charitable organizations having
an interest in participating in tlus area. Sheryl Dettmers indicated that they
ha~e considered asking the local Little League to do so, and will after
approval is gained for the event. Mayor Pape concurred that this would be a
good idea.
MOVED BY METZE, SECONDED BY BRINLEY TO APPROVE THE
SPECIAL EVENT APPLICATION FROM THE INTERNATIONAL
WATER SPORTS ORGANIZATION AND JACHIE NANETTE'S
WATERSKI SCHOOL TO HOLD INT EVENTS ON APRIL 19-20, JUNE
21-22, AUGUST 23-24, OCTOBER 24-25, AND NOVEMBER 8-9, 1997.
City Manager Molendyk noted that there are a number of dates and if the
group is counting on parking at the park, the City could guarantee the first
two dates, but not the events beyond June.
Councilwoman Brinley questioned the Little League tournament dates.
Community Services Director Sapp indicated that they have not accepted
requests for tournaments because of the potential closure of the parks in June.
City Manager Molendyk clarified that all Little Leagues are finding that ci6es
are not willing to step forward to make arrangements for playoffs. Mayor Pro
Tem Kelley requested clarification tha~ the first day is a practice day and the
PAGE TWENTY-EIGHT - CITY COUNCIL MINUTES - APRIL 8, 1997
Sunday is the main event.
THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE.
THE CITY COUNCIL MEETING WAS RECESSED AT 9:09 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 9:11 P.M.
~UBLIC COMMENTS - NON-AGENDIZED ITEM
Mary Venerable, noted that she was excited about the Task Force recognition and
failed to make points about Proposition 218. She advised that the Measure BB
campaign is using YES to stand for Youth, Environment and Safety; and stressed
the importance of each issue. She detailed the funds which would be eannarked as
a result of Measure BB. She stressed that Measure BB is only a$3.85 per month
addition to the elcisting ta~ces, which means BB should stand for "Big Bargain".
Mariana Mohylyn, 305 W. Sumner, noted that the Council meeting is a
discriminatory process, and indicated that there was preferential treatment in this
case. She addressed the strategy of City government to use Ms. Best to provide
information on the LLMD and other items, but stressed that the property owners
should be voting rather than the voters. She further addressed Crime Victims Rights
Week and suggested that the residents be vigilant and involved. She also indicated
that those using City services should be paying for the services.
Chris Hyland, 15191 Wavecrest Drive, noted article in the newspaper and indicated
that the Mayor has not yet mastered diplomacy. She indicated that a request to
speak would not have been accepted if it was from anyone else; and indicated that
he will not continue this favoritism. She further indicated that she is sick and tired
of it, and stressed that the Mayor's actions were discrimniatory. She noted the
names she has been called, and addressed a letter by the Fosters that indicated she
should laiow about "cronies". She indicated that she is not bothered by the names
she is called; and stressed that she has a first amendment right to speak. She
addressed Councilwoman Brinley and expressed disgust with her activities. She
inquired if the deed has been signed by the Diamond Fanuly to put the Stadium in
the name of the City. She expressed concern with the new Ontario Arena which
will be completed in two years; and questioned what would happen to the Storm
when the contract nuis out.
CITY MANAGER COMMENT
City Manager Molendyk noted that work is underway for the ARCO Station at Four
Corners.
CITY COUNCIL COMMENTS
Councilman Alongi commented on the following:
PAGE TWENTY-1vINE - CITY COUNCIL MINUTES - APRIL 8, 1997
1) Commented on the Weed Abatement contractor watering before he
proceeds with the abatement and stated that he would like to see an
ordinance that would require an outside contractor to do the same. He
stated that there have been some problems with dust from the private
contractors who are discing very dry lots and the dust is flying all over
the place and are doing business in our community without a business
license and the City needs to protect ourselves.
2) Commented on Proposition 218 and stated his concerns. He noted that
our own survey stated that only 52% of the people would go for a$7
raise, and of the 57% only 37% said that they would absolutely do it
and the other 15% said that they were on the line. He pointed out that
this must be done by a 2/3rds vote which will be raising taxes that are
not really earmarked as to how they will be spent. He further stated
that he would support the issue if it was done by a 2rds vote, however
he does not support the way that the funds are being collected and
being put into different accounts. He reaffirnied that he will not oppose
this measure, but he stated that he felt that the people of Lake Elsinore
should pay attention when figures are being thrown at them.
3) Explained that property tax were never meant to pay forall the services
in your community. He noted that years ago they did because our
appetites were not very large, but now the public's appetites are much
larger, therefore the property t~es cannot cover the things that they
want. He fiuther explained that is the reason why cities must make
good investments, in order to pay for the additional services that their
citizens want. He further noted that the pervious Council has placed us
in the situation that we have now, because they made bad investments.
Councilman Alongi stated that what he is trying to do with the measure
is to be sure that the money is earmarked for each individual item.
4) Noted that the Senior Center patrons stated concerns regarding the
closure of the Center should Measure BB not pass which they saw on a
program. He stated that the Center is safe for a year due to the use of
the CDBG funds and will not be disturbed. He further stated that those
are the type of tactics that he does not agree with. He explained that
Council needs to be up front with the citizens and note that the City
screwed up; it wasn't the state or any other baloney; the reason is
because we ha~e bad inveshnents and the tax dollars aze going away.
He stated that anybody that knows about the City budget knows what
is going on. He explained that what need to be done is designate
where the money goes and no matter who sits on Council it cannot be
changed. He pointed out that the way that it is written does not protect
the citizens tax dollar. Councilman Alongi stated that he did not
disagree with the different organizations and entities that support this
measure, but he stated that ttris Council has not voted to shut any parks
down yet, and he feels that the public is being given misinformation.
PAGE THIRTY - CITY COUNCIL MINUTES - APRIL 8, 1997
He invited anyone who wished to debate him on this issue to come on
his program and show him that he is wrong. He noted that the City of
Lake Elsinore will not close down in June and if it does it is the
peoples fault. He stated that the Council has no right to shut anything
down, since the City belongs to the public. He pointed out that the
people in the private sector that experience a financial set back adjust
their budget to meet the shortage. He noted that cities are no different
and must learn to adjust to a situation of less money. He asked why
the City is trying to subsidize jobs and stated that it is the City's
business to provide services which were taken away from the citizens
because of the bad inveshnents that were made and not because the
City doesn't have the revenue coming into it. He again invited anyone
on Council or in the public to come on his T.V. show and address this
issue if they disagree with his opinion. He stated that he is tired of
having the public misinformed and he will support a tax if the
e~enditure of the money is specific and cannot be spent in any other
way. He explained how it should be designated.
5) Commented that he had tried to put on a program about CR & R to
educate the public about the service and the cost. He noted that two
members of the Council called the General Manager of CR & R and
told him not to come on his program. He stated that they will deny it,
but he had the program set up 60 days ago to take videos at the CR &
R facility and then it was canceled at the last minute. He stated that
now he is in competition with Vision and Views. He noted that he
pays for his T.V. time and explained that he is not always correct. He
explained that 85% of the time he is correct and 15% of the time he is
not and he apologized for the times that he is not correct and tries to
conect it on the next program.
6) Noted that he does not like anyone attacked from the podium and feels
that the Mayor allows it to happen. He stated that he does not
appreciate anyone attacking the Mayor or anyone else and feels that
the Mayor should stop people from attacking him or anyone else.
7) He stated that he has major investments in this community, his family
lives here and he does not want to see this community go down the
tubes.
Councilman Metze commented on the following:
1) Noted that the issues aze listed separately on the ballot measure and
read the items on the list. He stated that there seems to be a complaint
between $650,000 for the parks and $400,000 for the Lake. He stated
that this is a form of nit picking since Councilman Alongi had a chance
to bring all of these issues up when he voted to approve the measure.
He stated that Council had a 5-0 vote and yet there is someone going
PAGE THIRTY-ONE - CITY COiTNCIL MINUTES - APRIL 8, 1997
around saying that we don't have to close the parks. He further stated
that we will have to close the parks because the money is there or its
not there. He asked if more people should be fired and if so, who is
going to take care of the parks. He explained that it is not a threat, it is
a fact of life.
Councilwoman Brinley commented on the following:
1) Commented that Councilman Alongi has a habit of going to the
extreme with everything and she feels that he lives on the edge
sometunes. She noted that the money is earmarked as to its disposition
and the Task Force will oversee the money. She explained that she has
suggested that a tas report be sent to the community each year defuiing
where the money is spent to educate the public as to what their dollar
provides. She further explained that Councilman Alongi was correct
when he stated that we needed to set priorities and this was done when
the Parks, Lake, Seniors, Youth Diversion Programs, Code
Enforcement and more police. Councilwoman Brinley noted that
priorities were set and explained the Council's reasons for setting those
priorities. She stated that she wants the public to know that this
Council is not doing anything to threaten the public; that they are
welcome to come to City Hall and go over the budget; have the budget
explained to them. She explained that there is just no money and she is
not denying that there have not been drains on the City due to projects
that occurred in the past and this Council is working on that by
developing better contracts, promoting the development of new
businesses and the income that they will bring to the City. She fiuther
noted that Council has encouraged privatization and has worked very
had for the last year and a half to resolve our budget problems and will
continue to do sa Councilwoman Brinley stated that there is not one
of Council that would ever try to intimidate or use scare tactics toward
anyone in the community. That is not their purpose for being
Councilpersons. She stated that she can assure the community that
four of Council own no property outside of their homes in this City,
therefore they have nothing personally to gain and there is no reason to
lie. She noted that whatever taxes that are imposed, they will pay the
same as everyone else. She further noted that like the rest of the
community, she does not want to pay anymore taxes, but she also does
not want to see her community go downhill; or children on the streets
' with nothing to do; or Senior Citizens without a place to go. She stated
that she wants to see this City as a safe and caring community, which
when she was elected to office, that was a pledge that she made to
herself. She stated that Council has tried to do that by the people that
they have hired and the struggle that they have made with the budget.
Councilwoman Brinley stated that if this measure does not pass, then
Council will be faced with the hard decisions of closing parks and
cutting staff even more, which will be a real hurt to this community.
PAGE T~IIRTY-TWO - CITY COiJNCIL MINUTES - APRIL 8, 1997
She pledged that she will work very hard to make the facts clear and by
working together we can make this a better community. She noted that
by working togethei we can see the light at the end of the tunnel and
there is a fuhue in Lake Elsinore.
Mayor Pro Tem Kelley commented on the following:
1) Noted that it is opening day for the Storm and will be an exciting
Baseball Season.
2) Noted that the Mini Grand Frix will be on Memorial Day weekend and
that it should be a good event again this year.
3) Thank the Citizens Committee for the work that they have done
towards the passage of Measure BB. She noted that everyone will hear
quite a lot about Measure BB between now and the 3rd of June. She
encouraged the citizens to read the facts and to decide on their own
what they will vote.
Mayor Pape commented on the following:
1) Noted how exciting it was to see two new businesses in town. He
cited the new AM/I'M on Nichols and I-15 as well as El Pollo Loco at
the Wa1-Mart Center. He furkher note the begimiing of the construction
of the ARCO at four comers. He stated that these are all desirable
types of businesses that we want to see in town and because they were
held to a high standard for their building, they will be an asset to ow
community. He explained that this will provide services for the citizens
as well as revenue for the City. Mayor Pape stated that when faced
with loosing as much revenue as the City has in the last four or five
years and then the possibility of loosing more revenue, depending on
what happens in June; it gets to the point where what else do we have
to cut. He explained that in reality we don't have to close the parks;
we can cut police services; we can reduce fire services. He further
explained that when revenue is reduced, some type of service is going
to have to be elixninated because there are not the dollars to pay for it.
He noted that currently that revenue is going to pay for the parks and
that is why that is discussed the most. He noted that it is least
desirable to most people to reduce police or fire services and that is
why parks are going to bear the brunt if Measure BB is not passed in
June. He explained that the Senior Center will be affected the
following year if the Measure does not pass, since the City may need
the CDBG funds for something else and hours could be cut. He noted
that the final decision has not been made since the issue will not be
brought before Council until after June 3. He noted that if the Measure
does not pass then there will have to be decisions made as to what
services will have to be eliminated because there are no funds to pay
PAGE THIRTY-THREE - CITY COUNCIL MINUTES - APRIL 8, 1997
for it. He explained that it is not a threat, but rather a fact of life and
we will have to live within our means. Mayor Pape stated that the
question before the voters on June 3, is what level of services do you
want to see in your City. He stated that their choice will be if they
want to have the parks open; provide extra police; tear down old
buildings; increase Code Enforcement; insure graffiti removal; or
would you rather have $3.85 a month in your pocket. He noted that for
some people it will be a very easy decision and for some people it will
be a difficult decision. He noted the turnout in the Mayor's election for
Los Angeles only had a 13% turn out and he hoped that we would have
a better voter turnout. He noted that the information regazding
Measure BB is being televised on Local Cable 3 on the Vision &
Views program, next Monday at 7:30 p.m.
CLOSED SESSION
a. Potential Litigation.
THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO
CLOSED SESSION AT 9:42 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 10:10 P.M. WITH
THE FOLLOWING ACTION:
AUTHORIZED CHANGE ORDERS FOR ADDITIONAL FUNDS ON
THE SEAPORT BOAT LAUNCH.
ADJOURNMENT
MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 10:11 P.M.
F.'!"1'E~::
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~7~ KI T~f,S4J, CITY CLERK
C1Ti' U.'~ LAKE ELSINORE
/
w~/ GU
v W. PAP , MAYOR
OF LAKE ELSINORE