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HomeMy WebLinkAbout07-08-1997 City Council MinutesMINUTES .......... . REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JULY 89 1997 CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:08 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Kelley. INVOCATION The Invocation was provided by Pastor Jim Hilbrandt representing Elsinore Christian Center. us"W o" PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Watenpaugh, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, Police Chief Walsh, Fire Chief Seabert, Assistant to the City Manager Best, City Engineer O'Donnell and City Clerk Kasad. PRESENTATIONS h.i- PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Items Nos. 3, 215 33, 37 CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and U PAGE TWO - CITY COUNCIL MINUTES - JULY 89 1997 consideration: Item No. 3. Councilman Metze indicated that he would be abstaining from vote on item Lb. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Special City Council Meeting - June 3, 1997 - 9:05 a.m. b. Special City Council Meeting - June 3, 1997 - 1:03 p.m. (Councilman Metze abstained from vote on this item due this absence from the meeting.) C. Regular City Council Meeting - June 10, 1997. (FA4.4) 2. Ratified Warrant List for June 30, 1997. (F:12.3) 4. Rejected and referred to Claims Administrator for handling the Claims Against the City submitted by The Gas Company (CL#97 -15), Barry B. Wilson (CL#97 -16) and William K. Watkins (CL #97 -17). (F:52.2) 5. Approved Cancellation of July 22, 1997 City Council Meeting. (F:44.1) 6. Approved Riverside County Contract regarding the Collection of Special Taxes and Assessments. (F:68. 1)(X: 140.2) 7. Adopted Resolution No. 97 -50 - Setting Appropriations Limit for Fiscal Year 1997 -98 (Proposition 4). (F:30.1) RESOLUTION NO. 97-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ESTABLISHING THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 1997 -98 FOR THE CITY OF LAKE ELSINORE IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE OF THE CALIFORNIA GOVERNMENT CODE. PUBLIC ' 21. General Plan Amendment No. 97-2 and Commercial FWject No. C 97-5, z PAGE THREE - CITY COUNCIL MINUTES - JULY 85 1997 Albertsons Supermarket at 30901 Riverside Drive - Resolution No. 97 -51. (F:83.2)(X:58.2) Community Development Director Leslie highlighted the proposed Albertson's project. He showed a site plan for the project, detailing the location of the site, the Planning Commission's consideration and past discussions with the applicant. He noted concerns for access to the site, particularly on Riverside Drive, which will include a traffic signal interconnected to the signal at Four Corners. He further noted that this has been reviewed by Caltrans and their initial comments support the driveway and signal at the location on Riverside Drive with a warning beacon further up the hill to the east. He explained that the other access would be from Lakeshore Drive between the existing restaurants through an existing easement reserved for this parcel for access. He further explained the concerns by staff and the Planning Commission regarding the access and noted that the Planning Commission placed a condition on the project that Albertson's and staff will continue to work with the restaurants for a better layout of this access. He indicated that as of this date, the applicant believes they have a plan to resolve the issues. He further indicated that the other issues where relative to architecture of the building particularly the side elevations from Lakeshore Drive and the Country Club Heights areas. He presented the proposed elevations and showed the efforts to soften the visible views; and indicated that the balance of the architecture ise somewhat in theme with the area utilizing a nautical or cape code theme. He commented that they have added cart storage on the front of the building out of the overall view. Scott Thayer, Real Estate Manager for Albertsons, 1180 W. Lambert, Brea, noted that they have been working with City staff for quite a few months and striving to identify the particular elements of this site. He also noted the existing Albertson's on the south end of the City and looked forward to another on the north end. He indicated that no assistance is needed from the City; but their cost will be approximately $8 million and they will employ approximately 100 people. He informed the Council that the project architect Tom Courtney, and Traffic Engineer John Kain were present to respond to questions. He noted that there had been some redrawing of the site and requested an opportunity for Tom Courtney to discuss the changes. Mayor Pape opened the Public Hearing at 7:21 p.m., asking those persons interested in this item to speak. The following people spoke: Chris Hyland, 15191 Wavecrest, indicated that she thinks another store on the West end is needed, but questioned why this parcel was chosen over all of the other available vacant land in the area. She expressed concern for the potential for accidents with the access on Highway 74 and stressed that this is a terrible access and location. She indicated that while she likes Albertson's, she will not use this location. PAGE FOUR - CITY COUNCIL MINUTES JULY 811997 Jim Bolton, 14484 Amorose Street, noted concerns addressed at the Planning Commission, and indicated that his biggest concern is the new traffic signal and the stacking of cars at that signal up toward the curve on Riverside Drive. He addressed the required warning signal, and indicated that it may not address the stacked cars on that curve. He indicated that he is also concerned with the access from Lakeshore Drive between the fast food restaurants, noting that it is already crowded and will be more so. He finther expressed concern with the truck traffic access to the site. He indicated that there is no question that there is a need for another store in the area, but stressed the significance of the concerns discussed. Robert Ponce, 31297 Machado Street, expressed concern for the easement between the restaurants and indicated that he believes it should be resolved before proceeding with the project. He questioned what guarantees that one of the two Albertson's stores will not be shut down leaving another vacant building. He addressed the access on Lakeshore Drive and noted the existing business traffic concerns. Hearing no further comments, the Public Hearing was closed at 7:26 p.m. Mr. Thayer responded to the concerns expressed, noting this location was chosen because the business is convenience oriented and the project needs to be as conveniently located to customers as possible. He detailed their efforts to locate a suitable location and determine whether the project would be feasible. Mayor Pape requested clarification that they intend to keep both stores open. Mr. Thayer indicated that in addition to this store being developed, the store on the south end is earmarked for remodeling and there is a full intention to operate two stores in the City of Lake Elsinore. John Kain,. RKJK, 1601 Dove Street., Ste 290, Newport Beach, indicated that he worked on the traffic analysis for the site. He addressed the proposed traffic signal and its location and indicated that if it was going in without street improvements, the concerns would be understandable, but noted planned improvements to Riverside Drive, and the future configuration. He stressed that the traffic signals will be coordinated and tied in with the Four Corners Signal. He concurred that the design would be better if the hill did not exist, but indicated that he believes that the proposed plan is a conclusion that will make the signal and plan safe. He addressed the Lakeshore Drive entrance and suggested that with the traffic signal on Riverside Drive it will reduce the access through the Lakeshore Drive entrance.. Mayor Pape questioned the configuration on Riverside Drive after someone sees a flashing warning light, and whether it will be widened with a right turn lane. Mr. Kain Indicated that it will not be a separate right turn lane, but there will be two lanes in that direction. Mayor Pro Tern Kelley questioned the warning signal and questioned how PAGE FIVE - CITY COUNCIL MINUTES - JULY 8, 1997 many feet it will be before the first traffic signal. Mr. Kain indicated that has not yet been determined, but will take into account the design of the road and the speed of traffic. Mayor Pro Tem Kelley questioned the distance between the traffic signals. Mr. Kain indicated that it is approximately 400 feet between signals. Mayor Pro Tern Kelley noted that people will not be prepared for the change and questioned if a footage factor would be included with the beacon. Mr. Kain stressed the changes in sight distance which will improve the situation; and the landscape theme which will also be sensitive to site distance factors. Mayor Pro Tern Kelley questioned whether turns would be limited to "right only" in and out of the center. Mr. Kain indicated that on Riverside Drive it will be full access, without a right turn limitation. Mrs. Kelley questioned the Lakeshore Drive access and whether it will be right turn only. Mr. Kain indicated that the City will monitor that location, but they presently are not recommending a right turn only situation;;'RHe indicated that in terms of traffic load there will be somewhat of a push with the redistribution of traffic. Councilwoman Brinley indicated that she does not have a comfort level with the traffic circulation and noted the existing problems with accessing the Stater Bros. center. She indicated that she would like to see an analysis of the meetings with the restaurants for feedback. She stressed that this serves as an access for the drive -thru restaurants and indicated that she believes there will be a number of minor fender benders. She noted the potential for - increased traffic congestion and expressed concern with trucks making deliveries via the Lakeshore Drive entrance. She suggested that Lakeshore is a natural truck route via Lake Street and addressed the hill and the related traffic problems at the existing signal. She also noted the recreational facilities on Riverside Drive, and stressed that people are not from the area and are not familiar with the configuration. She indicated that she would have liked to see Caltrans address the hill since it is so steep. She indicated that there have been several fast food entities which have tried to come to that area and encountered problems with ingress and egress. She questioned why there is a need for a 12 foot monument sign and stressed the visibility concerns in the area and questioned the need for a 12 foot sign vs. a 6 foot sign. Mr. Kain addressed the concerns with the southbound traffic and the ability to stop; and indicated that they have evaluated the sight distance which will be improved to allow for the signal to be seen. Councilwoman Brinley reiterated her concerns with the visibility. Mr. Kain noted consideration of the existing access which will not go away and indicated that there are turns occurring right now without the sight distance, signage or signals. He suggested the potential for consolidating the existing accesses; and further addressed the access between the two restaurants. Mrs. Brinley indicated that she would have liked to see resolution of the access with the existing restaurants. Mr. Kain noted that the kind of numbers they have projected, don't cause him to consider a physical rearrangement of the main entry. He stressed the potential trade off of traffic with the new signal. Councilwoman Brinley expressed support for the project, but indicated that the safety is questionable, and stressed the existing PAGE SIX - CITY COUNCIL MINUTES - JULY 89 1997 traffic concerns. Mr. Thayer addressed the truck concerns and clarified the site plan with regard to the entrance. Councilwoman Brinley questioned the potential of making it mandatory for the drivers to use only the Nichols and Central freeway exits, and eliminate the possibility of them using the Lakeshore Drive entrance. Mr. Thayer indicated that they will come out with a transportation plan which shows a specific way to access the center; and noted that deliveries will be in the off hours. He addressed the center sign and explained that it is a 12 foot sign because they would like to get the sign up in the air to prevent visibility concerns, and the six foot sign would obstruct visibility. Councilwoman Brinley indicated that this sounded like a new approach. Mr. Thayer addressed the drive thru restaurants and . indicated that the Lakeshore entrance works today and they are trying to address the future scenario and keep the project from being held hostage by the fast food users. He indicated that he would like to work with staff and the fast food representatives to find what is best for the City. Mrs. Brinley stressed her concerns for the traffic circulation, and noted the vested interest of the restaurants. She requested that if the Council approves the project, that there be a condition making it mandatory that delivery trucks can not enter off of Lakeshore Drive. Councilman Alongi requested input from City Engineer O'Donnell and the traffic engineer for the project. He thanked Albertson's for deciding on a second store. He asked Mr. O'Donnell whether the computer would be controlling traffic lights. Mr. O'Donnell indicated that these signals will not be on the City computerized system as it would be a Caltrans regulated signal. Councilman Alongi indicated that Riverside Drive could be worked out, but his real concern is Lakeshore Drive and stressed the areas from which the shoppers will be coming. He indicated that people will be trying to turn left into the fast food places and stressed the existing visibility concerns. He stressed his concern with the entrance on Lakeshore Drive, and indicated that he would like a traffic count on that street and on turns into the shopping center. He indicated that his second concern is in the parking lot, and the design for the handicapped parking. He stressed the need for access from both the left and right sides, and expressed particular concern for the bigger vans. He noted that he has never seen a center with both accesses being this lousy. Mr. Kain addressed Lakeshore Drive and noted that it was throughly analyzed and the turning numbers have been reviewed. He presented a sampling of the traffic counts and reviewed the long range projections. Councilman Alongi stressed that the Albertson's is not there presently and included in those numbers. Mr. Kain indicated that has been considered in the calculations. Mr. Alongi stressed the hazard for turning in and out of the center, and stressed that there is no control of the traffic at this location such as medians, etc. Mr. Kain clarified the reason for the recommendation of a signal on Riverside Drive. He addressed the sources of traffic for this center and indicated that there will be a large amount coming from the freeway on their way home. PAGE SEVEN - CITY COUNCIL MINUTES - JULY 8, 1997 Councilman Metze questioned staffs satisfaction with the three foot alley condition. Community Development Director Leslie noted condition 3.a. and indicated that the existence of the condition implies that staff is not happy with that situation. Mr. Metze inquired whether the condition is strong enough. Mr. Leslie confirmed. Mayor Pape noted that most of his concerns have been addressed and it is now a matter of weighing the pros and cons. He commented on the need for a market in that area for quite some time, and while it is not his first choice of location, Albertson's feels it meets their needs. He indicated that he has some concern with the traffic circulation, but most of them have been mitigated and Caltrans gave their o.k. He indicated that if Caltrans is comfortable with the signal and traffic circulation, that will help his comfort level. He noted the benefits of 100 new jobs; and with the other location being upgraded rather than closed. He indicated that there appears to be more good than bad and feels that the project should be allowed to move forward. Councilwoman Brinley commented that she feels that Riverside Drive can be .. addressed, but stressed her concern for the Lakeshore Drive issues. She suggested a continuance to allow the market and restaurants to work things out in the meantime. Mayor Pape inquired whether there has been discussion with the restaurants.,, to date. Mr. Thayer indicated that there had not, but much discussion had occurred with City staff on the parking requirements. He indicated that they are hoping for approval tonight allow them to sit down with staff and the restaurants to show them the proposal. Mrs. Brinley noted that was requested by the Planning Commission two weeks ago. Mr. Thayer stressed that the conditions are acceptable. Mayor Pro Tern Kelley reiterated Councilman Metze's concerns for the alleyway and questioned whether the condition was satisfactory for the Police. Department. She indicated that she was also concerned with the traffic circulation, but the City Engineer and Caltrans have given approval. She stressed the need for a market, and indicated that she was happy with the proposed project. Councilman Alongi indicated that it is not a question of wanting another market, but rather to have a safely accessed market from either end. He noted that he would like to postpone this matter to the July 15th meeting, to allow him to look at the number of accidents with the Police Department and stressed the developer's obligation to provide a safe access. He indicated that a 30 foot driveway is not a standard driveway. He stressed the amount of traffic on the adjacent streets and the need for appropriate controls, and suggested that postponing to the 15th will not hurt anything. He indicated that he will feel better if he has done all that is possible to make the project safe; and suggested a median or left hand turn lane modification. He further PAGE EIGHT - CITY COUNCIL MINUTES - JULY 8, 1997 stressed the potential for accidents and the direction of access for most residents. He commented that while he would like to see something there, he wants to know that the Council did everything possible to make the traffic safe. Mayor Pape noted the concerns with the traffic and indicated that the question is if they have done everything to mitigate the situation; and everyone is saying that the concerns are sufficiently mitigated. He suggested that if the staff, Planning Commission, Caltrans and project designers are comfortable the project should be allowed to go forward. Mayor Pro Tern Kelley indicated that she was not suggesting throwing safety to the wind, but stressed the mitigation factors and approvals by the appropriate parties. Councilwoman Brinley indicated that she would vote yes, but stressed her concerns for the traffic. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY A VOTE OF 4 TO 0 WITH ALONGI ABSTAINING TO ADOPT RESOLUTION NO. 97 -51, APPROVE GENERAL PLAN AMENDMENT NO. 97 -2, ADOPT NEGATIVE DECLARATION NO. 97-4 AND COMMERCIAL PROJECT 97 -59 BASED ON THE RECOMMENDED FINDINGS, EXHIBITS "A THRU F", AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL, INCLUDING THE ADDITION OF CONDITION #58 REQUIRING THAT DELIVERY TRUCKS ONLY USE THE RIVERSIDE DRIVE ENTRANCE AND NOT THE LAKESHORE DRIVE ENTRANCE. RESOLUTION NO. 97-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, MAKING AMENDMENT TO THE LAKE ELSINORE GENERAL PLAN FOR THE SECOND CYCLE OF THE CALENDAR YEAR OF 1997 CHANGING THE LAND USE DESIGNATION OF ASSESSOR'S PARCEL NUMBER(S) 378- 290 -005M 378- 290 -019, 378 -290 -0219 FINDINGS - GENERAL PLAN AMENDMENT 97 -2 - l . The proposed General Plan Amendment will not be: a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. 2. The proposed General Plan Amendment will permit reasonable development of the area consistent with its constraints and will make the area more compatible with adjacent properties. PAGE NINE - CITY COUNCIL MINUTES - JULY 89 1997— 3. The proposed General Plan Amendment would establish a land use density and usage more in character with the subject property's location, access and constraints. 4. The proposed General Plan Amendment will not have a significant effect on the environment. FINDINGS - COMMERCIAL PROJECT NO 97 -5 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in Mitigated Negative Declaration No. 97 -4 for the site, the proposed project is not anticipated to result in any significant adverse environmental impacts. 2. The project, as proposed and conditioned complies with the Goals, Objectives and Policies of the General Plan, and the Zoning District in which it is located. 3. Conditions and safeguards pursuant to Chapter 17.82.070 of the Zoning Code, 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. 4. That this proposed use, on its own merit and within the context of its setting, is in accordance with the Goals, Objectives, and Policies of the Lake Elsinore General Plan. PLANNING DIVISION 1. Design Review approval for Commercial Project No. 97 -5 will lapse and be void unless building permits 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 shall be reproduced upon Page One of Building Plans prior to their acceptance by the Division of Building and Safety. 3. Side elevations shall be redesigned and enhanced to incorproate modified by the inclusion of landscaping for screening and softening purposes and /or by the addition of architectural enhancements consistent with the front elevation to incorporate tinre architectural elements of design consistent the front elevatio . Site improvements shall be constructed as indicated on the approved site plan and elevations. Subsequent revisions to approved site plans or building elevations shall be subject to the discretion of the Community PAGE TEN - CITY COUNCIL MINUTES - JULY 89 1997, 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 action. All signage shown in the plans shall be modified to meet standard Code requirements or as otherwise specifically approved. a) The applicant place appropriate b=iers at the two ends of the back of the building- shall make a good faith effort to approach the adjacent property owners regarding the placement of barriers between their wall and the applicant's building to prevent unauthorized access to the area between the back of the building and the perimeter wall of the adjacent development to the west, and City staff shall lend their assistance in this effort. 4. Materials depicted on the elevations shall be used unless modified by these conditions, Community Development Director or his designee. 5. Applicant shall meet all Conditions of Approval prior to the issuance of a Certificate of Occupancy and release of utilities. 6. Applicant is to meet all applicable City Codes and Ordinances including State handicap requirements. 7. Meet all Riverside County Health Department requirements. 8. Meet all Riverside County Fire Department requirements including letter dated 5- 15 -97. 9. No outdoor storage shall be allowed. 10. Trash encl6sures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 11. : All roof ladders and electrical panels shall be located within the interior of the building or in specially designed areas concealed from public right -of -way view. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be painted to match the roof and blend together and architecturally screened so that they are not visible from neighboring property, and public streets. Cross sections for the proposed market shall be submitted to determine if screening is necessary. If determined necessary, screening plan shall be approved by the Community Development Director, prior to issuance of building permit. PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 89 1997 14. Since the driveway area between the two existing restaurants will be used as a secondary access to the proposed Albertson, aesthetic enhancements to this driveway area will be required. This enhancements might include enhanced landscaping at the driveway on Lakeshore Drive, pavement enhancements and combined signage opportunities with the restaurant. A plan illustrating enhancement concepts will be required prior to issuance of grading permits for the project and subject to the approval of the Community Development Director or Designee. 15. All exterior down- spouts shall be constructed within the interior of the building or concealed from public right -of -way view. 16. Landscaping improvement along Riverside Drive within the line of sight indicated on the approved site plan shall be kept at minimum to avoid obstruction of views as will be determined by the City Engineer prior to approval of Landscaping Plans. .17. The final landscaping/irrigation plan is to be reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director 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 shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least twenty- four -inch (24 ") box in 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 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. f) 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 all requirements of the City's adopted Landscape Guidelines. Special attention to the use of Xeriscape or drought resistant plantings with combination drip irrigation system to be used to prevent excessive PAGE TWELVE CITY COUNCIL MINUTES JULY: 8, 1997• .; watering. h) All landscape improvements shall be bonded 120% Faithful Performance Bond, and released at completion of installation of landscape requirements approval/acceptance, 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 requested for any building. All planting areas shall include plantings in the Xeriscape concept, drought tolerant grasses and plants. j) Final landscape plan must be consistent with approved site plan. k) Final landscape plans to include planting and irrigation details. 18. All exposed slopes in excess of three feet (3) in height shall have a permanent irrigation system and erosion control vegetation installed, approved by the Planning Division. 49. 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. 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 Standards for loading zones. 22. Trailers utilized during construction shall be approved by the Planning Division. ,23. On -site surface drainage shall not cross sidewalks. 24. Parking stalls shall be double - striped with four -inch (4 ") lines two -feet (2) apart. 25. Prior to issuance of any building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 26. This project shall be subject to all Mitigation Measures contained in the Mitigated Negative Declaration No. 97 -4. 27. All vending machines, tables, kid's rides, newspaper racks, telephones and similar devices, if proposed shall be at least partially concealed from view with PAGE THIRTEEN - CITY COUNCIL MINUTES - JULY 89 1997 a structure consistent with the building design. These shall be approved by the Community Development Director or designee prior to installation. 28. Fencing along property lines where proposed shall be decorative block wall or decorative wrought iron subject to the approval of the Community Development Director or Designee. 29. 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 CONDITIONS 30. 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. 31. Dedicate underground water rights to the City (LEMC 16.52.030). Document can be obtained from the Engineering Department. 32. Dedicate a 10 foot wide strip of additional street right -of -way along the frontage of Riverside Drive property line prior to issuance of building permit. 33. Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to Caltrans and the Engineering Department for review and approval prior to issuance of building permit. 34. Pay all Capital Improvement and Plan Check Fees (LEMC 16.34, Res. 85 -26). 35. 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 this letter prior to applying for a building permit. 36. Construct all public works improvements per approved street plans (LEMC Title 12). Plans must be approved and signed by the City Engineer prior to issuance of building permit (LEMC 16.34). 37. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Caltrans, Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 38. Applicant shall submit a traffic striping and signing plan for the driveway on Lakeshore Drive showing all traffic control devices which includes the driveway intersection and its approach legs for a distance of 250 ft. each way on Lakeshore Drive for the development of the site prior to issuance of building permit. All traffic control devices shall be installed prior to final inspection of A 114 PAGE FOURTEEN CITY COUNCIL MINUTES JULY 89 1997 - public improvements. 39. Driveway site distance shall meet the design criteria of the CALTRANS Design Manual (particular attention should be taken for driveways on the inside of curves). If site distance can be obstructed, a special limited use easement must be recorded to limit the slope, type of landscaping and wall placement. 40. Developer shall provide a traffic study prepared by a traffic engineer to determine the traffic velume and the impacts on intersections in the vicinity and driveways accessing the site to be approved by the City prior to issuance of building permit. 41. Applicant shall design and construct a traffic signal at the driveway on Riverside Drive with an interconnect to the signal at Lakeshore Drive and Riverside Drive. Applicant shall also construct advance warning overhead flashing beacons located on Riverside Drive northeast of the driveway. The design of the traffic signal shall include a complete striping plan for Riverside Drive from - - northeasterly of the warning beacon to and including the intersection with Lakeshore Drive. The City shall bear no costs for installation, operation and maintenance of the signal and warning beacons. Any cost associated with these items that Caltrans may otherwise expect the City to absorb shall be. borne by the applicant. Staff together with the applicant will approach Caltrans about the possibility and feasibility of coordinating the flashing beacon with the signal. 42. If the traffic signal at the entrance to the site on Riverside Drive is not approved by Caltrans, then the applicant shall have provide an alternate plan which defines traffic control devices to be installed and/or fees to be paid that will mitigate the traffic generated by this development and be approved by the City prior to building permit. -43. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off -site public works improvements (LEMC 12.08, Res.83 -78). All fees and requirements for encroachment permit shall be fulfilled before Certificate of Occupancy. 44. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements including those stated in their letter of June 6, 1997 for C 97 -5. 45. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 " x 11" mylar) shall be submitted to the Engineering Department before final inspection of off -site improvements will be scheduled and approved. 46. Applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. PAGE FIFTEEN - CITY COUNCIL MINUTES - JULY 811997 47. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 48. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 49. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System(NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. 50. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 51. Provide fire protection facilities as required in writing by Riverside County Fire. 52. Provide street lighting and show lighting improvements on street improvement plans, as required by the City Engineer. 53. On -site drainage shall be conveyed to a public facility or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. Applicant shall provide a storm drain system to remove harmful pollutants from storm water runoff, subject to the approval of the City Engineer. 54. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 55. Roofs must drain to a landscaped area and/or provide a storm drain system to remove harmful pollutants from storm water runoff, subject to the approval of the City Engineer. 56. Contribute $7,125 for the design and construction of one -half of a raised landscaped median along the frontage of Riverside Drive. 57. The applicant and City shall attempt to meet with the two fast food restaurant property owners and try to work out an improved parking plan specifically for the common driveway to the Albertsons between the two restaurants off of Lakeshore Drive. 58. Albertsons shall make it mandatory that all delivery vehicles to its store shall enter and exit the site via the Riverside Drive entrance. Delivery vehicles shall be prohibited from using the Lakeshore Drive entrance. U �, ,_ . ...V, PAGE SIXTEEN - CITY COUNCIL MINUTES - JULY 89 1997 Mayor Pape noted that there are a lot of people in attendance for item number 37 regarding the fiscal year budget. He indicated that it has been recommended to °continue this matter to a Study Session on Monday night, July 14th, to allow for more input and discussion with a decision to be made at a Special Meeting on July 15th. He suggested that this matter be taken out of order so people don't have to wait for its consideration. 37. Resolution No. 97-54 - Aftting the Fiscal Year 1997-98 Cfty Budo. (F:30. 1) MOVED BY BRINLEY,- SECONDED BY METZE TO, CONTINUE. THE CONSIDERATION OF THE BUDGET TO A STUDY SESSION ON MONDAY, JULY 14, 1997 AT 7:00 P.M. AND PENDING ADOPTION OF THE FISCAL YEAR 1997 -98 BUDGET AUTHORIZE THE CITY MANAGER TO MAKE AND APPROVE ROUTINE EXPENDITURES, INCLUDING (WITHOUT LIMITATION) CONTRACTS, AGREEMENTS, PAYROLL AND °INVESTMENTS CONSISTENT WITH THE PROPOSED BUDGET AND IN AMOUNTS NOT EXCEEDING THE FUNDS AVAILABLE. Councilman Alongi questioned whether it would be necessary to add an item to authorize the expenditure of funds in the meantime. City Attorney Leibold indicated that it would be acceptable to continue with regular operations based on this motion. Councilman Alongi thanked her for this clarification. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 31. Riverside County Habitat Conservation Agency - Multiple Species Habitat Conservation Planning Agreement. (F:76.3)(X :68.1) City Manager Watenpaugh noted that this matter is based on a recommendation from the Riverside County Habitat Conservation Agency as it relates to Multi - Species Habitat. He introduce Brian Low, RCHCA Executive Director, for presentation and respond to questions. Mr. Low presented an overview of the request and noted that the K -Rat is only a portion of the problem. He noted that there are other endangered species in areas of Lake Elsinore, such as the California Gnatcatcher. He clarified that this plan is intended to address everything else, and explained the approval process with the regulatory agencies and the intent of the plan to define the terms and conditions for development of the plan. He further explained that they want to turn the process around and have mitigation occur on a voluntary basis; instead of regulating they would like to incentivize the process. He indicated that they would proceed with developing a plan which would not be incorporated with any type of moratorium or study area. He stressed the effort to provide a comfort level with regard to the need for property acquisition, which would be limited to willing sellers. He further stressed that no land would be subject to PAGE SEVENTEEN - CITY COUNCIL MINUTES - JULY 89 1997 condemnation. He advised that with regard to funding they want to be sure that the locals do not get stuck with the entire bill. He emphasized the need for balance between the Federal, State and Local commitments to the process, under the presumption that it should be the financial obligation of all parties to pay for the mitigation. He noted that it is most important to let the Federal government know they should contribute a fair amount of the funding. He addressed the extended time frame it took for development of the K -Rat plan, and indicated that they will adopt a target time line of two years. He clarified that the program proposes a three phase process being 1) the Planning Agreement, 2) asking Fish and Game for a best estimate of what would be required, and 3) presenting the information to the governing bodies regarding benefits and costs of the plan. He stressed that this document does not commit the governing board to development of the plan, but allows for information seeking during a six to-nine month period. Mayor Pape noted the 41,000 acres set aside for the K -Rat, and inquired if the multi- species plan would try to incorporate other species into those areas. Mr. Low confirmed that this was the intent. He explained that existing areas would be maximized and noted that they have in writing that they will receive full credit for what has already been done. Mayor Pape noted that so far the burden has been on the backs of local agencies. Mr. Low concurred and explained that this is intended as an early effort to deal with the Federal government and tell them that they are expected to participate in a fair proportion. Mayor Pape noted that much of the information on this burden is new news to the Federal legislators, and stressed the need to place more emphasis on State and Federal government to participate, as local government has done more than its fair share. Councilman Alongi questioned the amount spent on K -Rat programs in Riverside County alone. Mr. Low indicated that it is about $38 million so far, with a total obligation of $ 42.7 million. He noted his recent testimony before the Federal committee and indicated that they did not have any idea of the burden that had placed on local jurisdictions. i- MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE MULTIPLE SPECIES HABITAT CONSERVATION PLANNING AGREEMENT AND AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. 0 2. Second Reading - Ordinance No. 1030 - RegaL&g CaMaign Contributio MOVED BY BRINLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1030 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1030 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADDING SECTION 2.08.026 TO THE LAKE PAGE EIGHTEEN - CITY. COUNCIL MINUTES. JULY:8, 1997 ELSINORE MUNICIPAL CODE, ESTABLISHING A VOLUNTARY EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES AND PROVIDING FOR AN INCREASE IN THE CAMPAIGN CONTRIBUTION LIMITS IN ACCORDANCE WITH THE POLITICAL REFORM ACT OF 1996 (PROPOSITION 208). -UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Second Reading - Ordinance No. 1031 - Regarding Swimming in the Lake. (F:92.1) Mayor Pape noted his recent discussions and requests to speak. City Manager Watenpaugh noted that there has been general discussion and correspondence from Supervisor Buster's office and recommended continuance of this item to allow for a meeting with Mr. Buster and affected property owners around the Lake. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO JULY 15, 1997. THE CITY COUNCIL MEETING WAS RECESSED AT 8:40 P.M. THE CITY COUNCIL MEETING RECONVENED AT "8:48 P.M., WITH COUNCILMAN METZE ABSENT DUE TO ILLNESS. Mayor Pape noted that he still had requests to speak on the Lake item and offered them an opportunity to speak. Bonnie Dowling, 32895 Marie Drive, noted that this item is shades of 1993, but they were speaking before the Senate appropriations committee on the transition of the Lake to the City from the State. She noted that they kept changing the times and saying they were putting it off, so they flew there three times and it was tabled. She noted that the final legislation included a requirement that no decisions or actions be taken without consultation with the impacted property owners for consideration of their concerns. She further noted that Senator Ayala indicated that if any action is taken without this consideration it would make the transfer null and void. She stressed that she holds a grant deed which gives rights to the beach and access into the Lake for hunting, bathing and boating. She commented that the City wants PAGE NINETEEN - CITY COUNCIL MINUTES - JULY 89 1997 controls over swimming, but stressed her grant deed rights and the legislation, requiring consideration of County property owner desires. Pete Dawson, lakeland village resident, noted that he lives on the Lake by choice and is where he does business. He indicated that he used to be a part owner of the Lake under the State, but his share was taken away and given to the City. He further indicated that he has not been compensated for this taking, but it was mandated that the City look out for his best interests. He noted a memo from Mr. Moser in 1993, which indicated that the County property owners have rights which cannot be removed without payment; but offered ways to circumvent the requirement. He indicated that the proposed ordinance is restrictive and needs finther consideration. He noted a meeting with Supervisor Buster and his aides at which the property owners rights were emphasized; and indicated that City Attorney Harper's comments were wrong with regard to riparian rights on the Lake. He commented that he has worked with the City in the past and will continue to do so to the best of his ability. Dave Stahovich, assistant to Supervisor Buster, addressed the swimming issue and noted the presence of John Johnson with a report on the issue. He requested a correction to the public record for the June 24th meeting that they both were in attendance and expected to speak on behalf of the County and its constituents. He noted a specific comment that they did not show up for the consideration. He congratulated the Council on moving forward on this issue; and congratulated City Manager Watenpaugh on his new position. Councilman Alongi defended the former City Attorney, and indicated that he was an honorable and honest attorney, who tried to properly advise the Council 34. GFI Racing AMement - Lake Elsinore Grand Prix Motorcycle Race. (F:151.1) Community Services Director Sapp presented the video of last year's GFI event. City Manager Watenpaugh noted the event last November and advised that there was a Study Session on June 25th to review the exclusive five year agreement for the event, which would allow Mr. Brecker to obtain sponsorship for his future events. He further noted that there were several issues which have been addressed in the contract, particularly with regard to the appeal process to the Council and the hard cost of fees to be paid in advance to insure that the costs are covered. Community Services Director Sapp presented an overview of the first event with over 60,000 people observing and 3,000 participants. Mayor Pape noted the Study Session and indicated that this was a great event last year and all had a good time. He indicated that the event was fun and safe for spectators; and Mr. Brecker is looking at doing the event on a regular basis, but to get sponsorship he needs to have some assurances that it will • ik PAGE TWENTY - CITY COUNCIL MINUTES - JULY 89 1997 continue. Mayor Pro Tern Kelley noted that her concerns were addressed at the Study Session; and indicated that she and her family had fun at last year's event. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE FIVE YEAR EXCLUSIVE AGREEMENT WITH GFI RACING, INC., TO ANNUALLY PROVIDE THE LAKE ELSINORE GRAND PRIX MOTORCYCLE RACE AND RELATED EVENTS. 35. CR & R, Inc. - Request to put Refuse Billing on Fiscal Year 1997 -98 Tax Roll - Resolution No. 97 -52. (F:163.1) Mayor Pape noted this item and emphasized that only delinquent billings are included. MOVED BY ALONGI, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97 -52 WHICH ASSURES THE PERMANENT COLLECTION OF ALL 120 DAYS DELINQUENT RESIDENTIAL ACCOUNTS AS OF JULY 31, 1997 THROUGH THE PROPERTY TAX ROLLS; AND REQUEST THE CITY CLERK TO FILE WITH THE RIVERSIDE COUNTY ASSESSOR A CERTIFIED COPY OF RESOLUTION NO. 97 -52 WITH THE 120 DAYS -PAST DUE ACCOUNTS REPORT. - - RESOLUTION NO. 97-52 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. 36. Resolution No 97 -53 - Budget Adoptions for the Fiscal Year 1996 -97 11 1 Capital Improvement Projects. (F:30.1) City Manager Watenpaugh explained that the projects in this budget came forward on an individual basis for approvals; and this budget adoption is a housekeeping item. He indicated that in the future the Council will see a listing such as this in advance. Councilman Alongi questioned Fund 231 on the Library CIP fund which shows a loan to the General Fund for $300,000. Mr. Watenpaugh explained that this was used to balance the General Fund. Councilman Alongi noted recent comments about that fund and inquired if the remaining $115,000 was available to the City for another loan. Mr. Watenpaugh indicated that those funds would potentially be available if they could be paid back. PAGE TWENTY -ONE - CITY COUNCIL MINUTES - JULY 89 1997 MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 97 -53 ADOPTING THE FISCAL YEAR CIP BUDGET OF $296679400. RESOLUTION NO. 97-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AND ADOPTING THE CAPITAL IMPROVEMENT PROJECT BUDGET FOR FISCAL YEAR 1996 -97 AND APPROPRIATING THE FUNDS NECESSARY TO MEET THE EXPENDITURES SET FORTH HEREIN. ITEMS PULLED FROM THE CONSENT CALENDAR 3. Investment Report -May, 1997. (F:12.5) Dick Knapp, City Treasurer, detailed the April and May balances in the Investment fund and the June balances with $5.3 million in the General funds and $570,000 in cash. He indicated that he does not see a variance in that amount and still is unclear to him why the parks have not been kept open, because the City does have the money. Mayor Pape questioned Mr. Knapp on his comments. Mayor Pape noted his commented for use of $410,000 from the Lake fund and inquired if he was aware that it could only be used for the Lake. Mr. Knapp indicated that he was discussing the $5.3 million. Mayor Pape questioned him further on the $410,000 and whether he was aware that it could not be used for park maintenance. Mr. Knapp concurred that was true. Mr. Knapp questioned the amount of money in checking account. Mayor Pape indicated that there is $11,983,000 in all City accounts and stressed that all of the funds are restricted in use; and reiterated that they can not be used for park maintenance. Mr. Knapp indicated that he is concerned about the $5.3 million. Mayor Pape inquired why Mr. Knapp was trying to mislead the Council and residents that the funds are available. Mr. Knapp noted the investment report, and indicated that he did not say that it could all be used to keep the parks open. He questioned the investment pool and Redevelopment fund increases and indicated that it was strange that with $20,300,000 in investments it is not possible to keep the parks open. Mayor Pape indicated that he was advocating illegal actions, and requested a response from Administrative Services Director Boone. Mayor Pro Tem Kelley asked Mr. Boone about the City Treasurer's commented that there was a $545,000 slush fund. Mr. Boone clarified that those were trust deposits and they are due back to someone else. He stressed that it is not the City's money. Mrs. Kelley questioned what would happen if those dollars were spent. Mr. Boone indicated that he could not make the request whole if those funds were borrowed. Mrs. Kelley questioned the debt service funds., Mr. Boone explained that they are collected on the tax roll from special assessments and PAGE TWENTY -TWO - CITY COUNCIL MINUTES -JULY 89 1997 transmitted for debt payments. Mrs. Kelley inquired what would happen if they were used. Mr. Boone indicated that the City would be sued very quickly. Mrs. Kelley questioned the CFD construction funds. Mr. Boone indicated that the biggest item is the construction fund for CFD 88 -3. Mrs. Kelley inquired revenue from other governmental agencies was restricted. Mr. Boone confirmed. Mrs. Kelley questioned the balance in the checkbook. Mr. Boone indicated that the $570,000 was the money collected the last two days before the end of the month, and reflects the total cash invested or in the checking account. Mayor Pape noted that these funds are allocated but not into accounts. Mr. Boone confirmed. Mayor Pape noted Mr. Knapp's discussion of $5 million. Mr. Boone indicated that there is a General Fund Balance of $5.3 mullion at the end of April including allocations for this year and the $2 million in reserves. Mayor Pape questioned the reserved , projection for one year from now. Mr. Boone indicated that it would be down to $1.3 million by next year; and noted that the cash balance can be up or down at various times during the year due to the cash flow factors. He further indicated that there is no correlation between investments and the General Fund at any one time. Mayor Pape noted the erratic nature of municipal finances and the requirement to allow for that flow. Councilwoman Brinley inquired whether the City funds are audited annually. Mr. Boone indicated that each fund is audited and presented annually with the financial report. He also noted that the audit was presented to the Task Force and is readily available at City Hall. Mayor Pape noted that a memo was requested after the City Treasurer's comments at the last Council meeting; and thanked Mr. Boone for this clarification. Councilman Alongi asked Mr. Boone if Mr. Knapp was the elected Treasurer and entitled to all information the City has. Mr. Boone confirmed. Mr. Alongi inquired whether Mr. Knapp has received all of the information he has requested. "Mr. Boone indicated that he had riot. Mr. Alongi inquired why. Mr. Boone indicated that he does not like to be put on spot by the City Treasurer's erroneous comments. Councilman Alongi stressed that he has a right to all of the information, and with that information might be correct in - his statements. Mr. Alongi questioned the General Fund and whether it subsidizes the RDA. Mr. Boone indicated that the budget was adopted with those transfers as part of the process. He noted a conversation in advance of the meeting and indicated that Mr. Knapp was aware of a check and the details. Mr. Alongi stressed that it is a Council decision what the City Treasurer should be entitled to. Mayor Pape indicated that the City Treasurer does not have a clue about municipal finances, and Mr. Boone has sat down with him on numerous occasions to clarify. THE CITY COUNCIL MEETING WAS RECESSED AT 9:30 P.M. - PAGE TWENTY -THREE - CITY COUNCIL MINUTES - JULY 8, 1997 THE CITY COUNCIL MEETING RECONVENED AT 9:32 P.M. PUBLIC COMMENTS - NON - AGENDIZED ITEMS Joyce Hohenadl, 27 Corte Palazzo, Chairwoman of the Citizen's Task force, indicated that she can understand that many people are upset and angry with the closure of the parks, but stressed that they should not only get angry, but get involved in passing a measure on the November ballot. She thanked the area businessmen for their endeavors to keep the four parks open, but noted Colrich could only do so until the end of July. She stressed the importance of supporting a new measure in November; and outlined why the City is in the current situation explaining the County, State and Federal impacts. She clarified that the Task Force was formed to study the problems and make recommendations to'the Council, but when the Measure was approved for the ballot, another committee was formed to support the Measure. She detailed the efforts of the Committee to provide education and information to the voters of Lake Elsinore. She stressed that those people who are angry should volunteer, get the facts and vote, to support the City. Matthew Cresen, 641 Acacia Street, discussed an injustice on July 4th with regard to the ability to view the fireworks on July 4th in Canyon Lake. He explained that they wanted to go up Summerhill Drive to view the fireworks and encountered a road block on a public access road. He noted discussions with City staff and a comment that the closure was approved four years ago, but could provide no documentation of that approval. He questioned who paid for the officer and requested copies of reimbursement receipts. Donna Sharf, 15056 Danielle Way, indicated that she was present as a concerned citizen and local business woman. She offered to work with the Council to identify ways to reduce costs; and expressed gratitude that the budget was pulled for input. She noted that she was provided a copy of the budget by Mr. Watenpaugh and has gone over it with a fine tooth comb. She indicated that while she is not an expert, , she has run departments and finds that there are a lot of opportunities to continue to improve on the budget. She noted that the park closure woke a lot of residents up and they are shocked and appalled by the action. She indicated that there are limited recreational opportunities left and there are thousands of families with no facilities, particularly in low income areas. She further indicated that everyone needs the parks and expressed expectations that the closure would increase the local crime statistics. She noted that there is a $1.3 million reserve in the 1997 -98 budget, and indicated that the Council could spend that money and turn the water on in the parks. Nita Van Heest, 33146 Shoreline Drive, noted that since the last meeting there is now a signed grant deed for the Stadium and expressed hopes that it would be recorded in the next few days. She further noted that the deed of reconveyance will also be recorded soon. She suggested that Mayor Pape should make a public apology for his prior statement. She commented on the California Joint Powers Insurance Authority and indicated that it is not an insurance company or agent. She PAGE TWENTY -FOUR CITY COUNCIL MINUTES - JULY 89 .1997, , explained the formation of the Authority and indicated that they are not licensed to sell insurance; and advised that the closure of the parks is solely vested in the City Council, but the information was manipulated that people were exploited. She inquired whether the Council has read the information; and indicated that is there is a safety net in the agreement. She indicated that the parks could have stayed open, and urged everyone to become educated and informed. Chris Hyland, 15191 Wavecrest, noted that there are two things she does not tolerate being 1) a liar and 2) an unethical person. She suggested that the Councilmembers and Task Force have indicated that she has given out misinformation. She stressed that she does not speak without documents and reiterated that she has documents. She questioned whether there were two sets of books at City Hall and indicated that all of her information comes from City Hall. She suggested that the "feds" should come check out the City. She noted that the recall petitions on Councilmembers Kelley and Brinley will be out tomorrow for signatures. She suggested that since the parks are closed and the community center is closed there is no need for a Community Services Director or Community Services Manager and questioned the need for two highly paid employees, detailing their salaries and car allowances. She indicated that these dollars would really help with the park maintenance. She further indicated that the department is overextended with management personnel and suggested that other employees could have been retained. Dick Knapp, Elected City Treasurer, indicated that the would like to see if Sandy Stokes of the Press Enterprise would print a total accounting of the $5.3 million. He indicated that he never seen the RDA money except a computer printout which was never discussed with him. He noted his brainstorm of the local Internet access which was done in collaboration with others. He encouraged residents to get on the NET and complain. Dale Hite, 115 N. Kellog indicated that the Council needs to look toward the future and reopen the parks, and suggested that it won't wait until November. He indicated that the death of children is an emergency even at a lower level of maintenance. He indicated that he can support a tax that does not violate civil rights, etc; but the new tax should bail out past mistakes, not future mistakes. He stressed the need to balance between the peoples' rights and needs. He indicated he would volunteer for the Task Force because he wants the parks open. He noted his prior speech regarding fatherhood and the detriment of park closures; and indicated that the basis for society is money. He indicated that he cannot vote yes for a tax when children are being held hostage, but he can support it when better management is demonstrated. Mary Venerable, businesswoman, 29409 3rd Street, spoke regarding her concerns for children and reactions to the fencing of parks. She noted letters from area youths with obvious input from parents, holding the Councilmembers responsible for the closure, but not providing any recommendations of solutions to the problems. She expressed concern that none of them are addressing those who did not vote. PAGE TWENTY -FIVE - CITY COUNCIL MINUTES - JULY 89 1997 , She noted that Measure BB would have passed with only some 127 more residents voting; but now the community is faced with another vote in November, because the money is still needed. She indicated that the task force will present what they believe will be supported; which is a recommendation for a menu listing for the community to choose from with explanations of the needed funding. She advised that the Task Force was recommending that the tax would only be in place for six years. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1) Acknowledged the City Department Heads for their input during this meeting. 2) Acknowledged the new City Attorney, Barbara Leibold. 3) Explained the Joint Powers Insurance Authority pool which provides risk management and general coverage. He noted their recommendation on the parks, but confirmed that it was the Council's decision based on the JPIA recommendation. He indicated that as the City Manager or City Council it is just as hard as being a parent; and stressed that it was not an easy decision to close facilities that staff assisted in building. He stressed that the taxes for parks were voted out and directly impacted by Proposition 218. He clarified that the City did experience a reduction by $1.4 million in the general fund to meet the contractual obligations. He indicated that the Council could go into the reserves, but there is litigation pending which is not covered by the JPIA, which require that some reserves be retained a cushion, and noted that he would not recommend going into those funds. He reminded Council that other options are being investigated, but there. are no simple solutions. He indicated that he too was sorry that the parks were closed, but;_ staff is looking at other options for use of the water truck or cooperation with, the Water District. He clarified that the JPIA's highest recommendation was,_ that if there was not money for maintenance, the best way to reduce risk was to fence and close the parks. 4) Indicated that with regard to Tuscany Hills, the City Council, 4 or 5 years ago approved the closure with the understanding that the streets are not capped and not dedicated. He noted that it came to Council because a significant number of people wanted to view fireworks and the homeowners requested the closure to prevent trash accumulation and other problems. He further indicated that since that time the closure was approved administratively. He commented that the fee for the officer is paid by the homeowners and not tax dollars. Mayor Pape questioned the Stadium Grant Deed. City Attorney Leibold indicated that the City has held legally vested title since 1993 and the new grant deed is a PAGE TWENTY -SIX - CITY COUNCIL MINUTES -JULY- 8,..1997 clerical issue confirming the reconveyance; but the City has owned it all along. CITY COUNCIL COMMENT Councilman Alongi commented on the following: 1) Indicated that Tuscany Hills is swept by the City and paid for by taxes; and this is the first time he has heard of the Council voting initially and not having the matter come back to Council for further direction. 2) Welcomed newly appointed City Manager Watenpaugh and City Attorney Leibold. 3) Thanked the Lake Elsinore Storm for the fireworks display on July 5th. 4) Congratulated the developers for their interest in keeping the parks open, but noted one developer who came to the podium has not provided any assistance. 5) Noted that the Downtown Business Association put up the money to keep the City park open; rather than former Councilman Dominguez as identified in the paper.:. 6) Addressed the Press Enterprise story regarding their support of the first tax for Lake/Parks and Police, but not for the Senior Center He indicated that he was concerned with combining the figures together, and stressed the importance of having designated funds. 7) Addressed closure of parks and read the minutes, detailing the motion for approval of staff recommendations. He indicated that the minutes did not say close the parks on July 1 st, as there was no date for closure. He stressed that the Council did not vote on a date to close the parks. He further noted that the Council just passed on the 1997 -98 budget. He indicated that he is not sure what it costs to keep the parks open at this time. He stressed that parks are the most important service in the community, and concurred t hat it was risky, but CFD's and bonds are also risky propositions. He expressed concern that the Council gives all taxes to businesses like Walmart, the theater, etc.; and noted that the Council has to make the end decision based on whether they are willing to risk funds and open the parks. He addressed the chair of the Committee and indicated that the measure won't pass, but questioned where the money will come from if it takes 12 to 18 months to get the money after the vote. He indicated that the Council can make the decision to go into the reserves and he does not care what Mr. Gunn or anyone else has to say. He reiterated that the parks should come out of general fund and not special taxes; and Council should stop giving taxes away. PAGE TWENTY -SEVEN - CITY COUNCIL MINUTES JULY 89 1997 8) Noted a Press Enterprise article on the budget, with regard to a $500,000 transfer to the Stadium to cover the shortfall; this amount does not mention the payment on the Stadium. He reiterated that the parks were closed illegally, as the Council did not vote on it; and noted a letter from a 10 year old. 9) He noted the comments on the State and County taking taxes; and indicated that it has happened to a lot of cities, but the problem in Lake Elsinore was caused by bad investments. Councilwoman Brinley commented on the following: 1) Responded to Councilman Alongi and noted that the item on Tuscany Hills road closure was passed five years ago and indicated that she was surprised. that he had not brought it to the Council's attention to be addressed. 2) Requested that the City Attorney address the legality of closing parks. City Attorney Leibold concurred that it was within the purview of the Council with a vote of the majority to proceed. She clarified that if a majority of the Council moves approval and supports the action, the action prevails. Councilwoman Brinley commented that the Council did not want to take this action, but without the dollars to operate it was necessary; and reiterated that the Council did noting against the law. 3) Compared the JPIA to going to a doctor and being offered a decision to make. She indicated that while it was not necessary to close the parks, it does put the City at a higher risk factor if they were not closed. 4) Thanked the developers, noting that they are working diligently with the Council to keep the parks open. She further noted that the -Mayor was working with the Water District to see if a lower rate can be obtained to maintain the foliage and trees. She again thanked the developers and others who have stepped forward to work with the City. 5) Addressed the general fund, and indicated that while Councilman Alongi criticizes, he has presented no solid solutions to solve the problems. She clarified the Lighting and Landscape Maintenance District and the expense of supporting the parks. She noted that Lake Elsinore had one of the nicest park systems in the County; and while it does break hearts to close the parks, Proposition 218 does require public approval of funding for the parks. She further noted that 4 parks are open at a 50% level at this time, but not to the standards of organized sports. She indicated that the Task Force has received a lot of letters and input in developing a new measure which is more palatable for the public; and proposes giving the consumers a selection of -what they are willing to pay for. She stressed the responsibility to the community to vote; and noted the 1997 -98 budget which will leave only $1.3 million in the reserves to address fires and other emergencies as well as PAGE TWENTY -EIGHT - CITY COUNCIL MINUTES - JULY�891997 .: pending litigation which is coming to an end. She stressed the need for reserves for major unforseen issues; and commented that the responsibility of the Council is being taken seriously. She indicated that Council is trying to find solutions to keep the parks open the best way possible. She further noted meetings planned with residents to review the budget further. Mayor Pro Tern Kelley commented on the following: 1) Welcomed the newly appointed City Manager and City Attorney and noted the predicament they stepped into. 2) Noted the Internet, and indicated that she has been logging on. She further indicated that it has been fun and challenging, but noted the inconsistencies in the comments. She noted that the Mayor had breakfast at her house on Saturday and the Internet was buzzing very quickly. 4) Addressed comments by Ms. Scharff, and indicated that she is glad people are out there and angry; but questioned where they were when the effort was being made to inform people of the measure. She stressed that the mandated services are police and fire, but it would not be prudent to keep the parks open on the reserves for another two years. She stressed that the Council is looking for a permanent solution, but the solutions suggested are only bandaids until solutions are found. She expressed concern that if the reserves are used and there is a major fire, the same people would expect services. She reiterated the pending litigation and obligations of the City, and indicated that it is not as easy as it would seem. She suggested that if the parks are maintained at a substandard level, the liability would be very high, and stressed the increased liability factors. She noted the upcoming public study session on the budget and the ballot measure; and expressed hopes for. the entire community to work together for a permanent solution for the parks. Mayor Pape commented on the following: 1) Welcomed City Manager Watenpaugh and City Attorney Leibold to their new responsibilities. 2) Noted the interesting group dynamics of the room; like the people who come to the podium to throw mud and have already left the meeting. He indicated that they are only trying to plant a seed of doubt; and noted that it was disheartening to see the nasty personal attacks which do not contribute to the solutions. He stressed that the situation is drastic, and the easy way out is to keep them open and spend the money. He noted the already huge reductions in staff, which is now down to 31 employees, to offset the great reduction in revenue to the City. He stressed the need to cut expenses to prevent an unbalanced budget; and indicated that this is not new news as there was ample opportunity to become informed before the election. He noted the planned Study Session and Special Meeting next week and encouraged PAGE TWENTY -NINE - CITY COUNCIL MINUTES - JULY 89 1997 participation, but noted that there is no way to please 9,000 registered voters at once. He suggested that complaining and pointing fingers will not change anything; and stressed the importance of sticking with the plan. CLOSED SESSION City Attorney Leibold announced the Closed Session topics as listed below: a. Personnel Matter - City Attorney Contract. b. Pending Litigation - Lytle Creek - Case Number 213915. C. Potential Litigation. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:35 P.M. THE CITY COUNCIL MEETING RECONVENED AT 11:30 P.M. WITH THE FOLLOWING ACTION: 1) APPROVED THE CITY ATTORNEY CONTRACT. 2) GAVE GENERAL DIRECTION TO CITY MANAGER AND SPECIAL COUNSEL REGARDING PENDING LITIGATION. ADJOURNMENT MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:31 P.M. TO TUESDAY, JULY 15, 1997, AT 7:00 P.M. IN THE LAKE ELSINORE CULTURAL CENTER, 183 NORTH MAIN STREET, LAKE ELSINORE. :,TrX'EST: i'1CKI KAa D; CITY CLERK C ' 'v OF ILAKE ELSINORE V.IN W. PAPE, MAYOR CITY OF LAKE ELSINORE