Loading...
HomeMy WebLinkAbout11-12-1996 City Council MinutesNIIrTUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNTA TUESDAY, NOVEMBER 12,1996 ax**axa**xx**axxxxxxx*xx*axxaxx~xx~xx~xxxxxxxxxxxxxx*~ftks~ft*x~eftx**~x**~*~***** 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 Councilman Metze. INVOCATION Mike Warenski, Elsinore Christian Center provided the Invocation. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE,PAPE ABSENT: COUNCII.MEMBERS: 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, Manager of Special Projects Best and City Clerk Kasad. PRESENTATIONS/CEREMONLALS a. Presentation - Western Riverside Coun ,t~prehensive Transportation Plan.(F:108.13) David Gunderman, representing W.R.C.O.G., detailed the Comprehensive Transportation Plan and the anticipated population growths. He stressed the interest in providing employment within the area and adequate streets and highways to accommodate the growth. He highlighted the population factors anticipated in the year 2020. He explained the study process to evaluate the eacisting transportation system and access routes. He detailed the primary and secondary roads which serve the western Riverside area. He explained 'unprovements and enhancements which would be needed to facilitate the overall plan. He noted the areas with particular problems in 1990. He eaplained the unprovements proposed for the area and noted the impact of those improvements alone, being increased congestion between Lake Elsinore and the 91 freeway. He noted that would not be acceptable to anyone. He e~cplained the modet system as proposed. He detailed the consortium working on the system and their determination for the most effective model. He presented the Long Range Transit Plan for intra-county express rail and inter-county rail. Includes a Goods Movement Plan and stressed the needed ability to move goods throughout the County. He presented a comparison of the 1990 and 2020 numbers and noted the impact of the economy on the future numbers. He explained the costs of $11.9 billion dollars which would be required between now and the year 2020. The ne~rt step of the plan is to identify funding sources and financing options. He noted the incremental approach for the roadways. He noted a possible e7rtension of Measure A program for roads not originally included in the program. He explained that the main reason he was present was to ask for adoption of a Resolution for continued cooperation with the sub-committee to make this project a reality, and to adjust the general plans where and when necessary so the right of way can be acquired during the process. He detailed the cost of right of way acquisition which is over 50% of the costs. He advised PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 12, 1996 that he will be returning with more information as the project proceeds. Mayor Pape thanked him for his time and presentation. b. Presentation - Report on Deacter/74 Traffic Si ne al request. (F: 823)(X:162.4) City Engineer O'Donnell indicated that the CALTRANS has approached the City for participation of 1/4 of the costs for a trafiic signal at this locatioq at a cost of approacimately $40,000. He noted that if the Hall Annexation is finaled, the City would need to pick up half the cost. Mayor Pape inquired whether CALTRANS approval has been obtained. Mr. O'Donnell indicated that they are investigating the need for a signal, however they are concern with a signal being that close to the on ramp and existing signals. He noted that they do not have the money available now, so it would more than likely be a year away. Mayor Pape questioned the current status of this project with CALTRANS. Mr. O'Donnell indicated that it is not a high priority for them. Mayor Pape questioned the potential that this project would be included in the ne~ct budget yeaz. Mr. O'Donnell noted their offer for a cooperative agreement with a payback at a later date; and CALTRANS is planning to contact the County to inquire with regard to their participation. City Manager Molendyk stressed the concern for synchronizing the signals and not stacking traffic and noted that it is a positive that they are willing to discuss it. Mr. O'Donnell indicated that when the school went in CALTRANS reported an operation problem with this intersection, and suggested that the School District might be willing to participate. CounciLnan Metze questioned the obligation for the School District to mitigate the problems. Mayor Pro Tem Kelley stressed the danger of that intersection. Mr. O'Donnell noted a study which showed only about 4 accidents a year at that location, and indicated that there was no certainty that a signal would have prevented those accidents. He noted that these statistics aze not bad. Mayor Pape stressed the need for a smooth flow from Dexter Street. CounciLnan Alongi inquired if the County would be willing to help support and pay for a CSO to direct traffic in that intersection for a short time during the day; and stressed that the primary goal is to prevent deaths. He requested that staff investigate this possibility with the County. City Manager Molendyk indicated that staff will return with a more comprehensive report after discussion with the County for a joint effort. Councilman Metze questioned how the problem was mitigated in the EIR. Councilman Alongi indicated that was a big issue when the school was built, but it was never mitigated. c. Renort on Weekend Events. (F:62.1) City Manager Molendyk noted the event the past weekend with the Elsinore Grand Prix for three days; and detailed the crowd estimates and successful operation of the event. He further detailed the variety of events and stressed the amount of cooperation required to present the event. He noted that GFI lived up to all of the expectations: He thanked the volunteers for their participation in the event and detailed the agencies who participated. He noted the committee who worked to coordinate the event and the staff commitment to provide the necessary police and fire personnel. Police Chief Walsh commented to the Council that this was a joint effort with much advanced planning. He indicated that everyone was excited to have the event and worked in conjunction with the Fire Department, City Staff, volunteers and GFI representatives. He indicated that the event ran very smoothly from the law enforcement perspective. Ae noted that there were only 6 arrests, with 4 from the concert and order was very quickly restored. He stressed that the event went very well and all of the venues were very well attended. He also noted that everyone in attendance was very respectful and there were no messes and everything was very peaceful. Fire Chief Seabert thanked the Council for this opportunity to speak. She noted the level PAGE THi2EE - CITY COUNCIL MINUTES - NOVEMBER 12, 1996 of cooperation between City Sta~ GFI, Law Enforcement and the Fire Department were phenomenal. She noted that Fire had volunteers from Lakeland Village, Wildomar, Murrieta, Canyon Lake and Temecula with a total of about 60 volunteers over the three days. She commented that everyone was having a good time and people were excited to have the event back. She noted that they were able to meet a1l of the medical aid and emergency response needs. She advised that there were a number of inedical aid calls, but only two people were transported for treatment. City Manager Molendyk noted County Fire Chief Wright's presence in the audience and expressed appreciation for their support. Community Services Director Sapp indicated that the entire event went exceptionally well. He stressed the team effort to make the event a success in collaboration with GFI racing. He noted that all of the events were successful, very well attended and organized with very few minor problems. He thanked his staff for their hard work and (ong hours, particularly Jon Fazzio and Randy Kuettie. ~ Manager of Special Projects Best echoed the comments and noted the interest from the public. She indicated that all peopie polled were happy to see the event return; and noted that a canvass will be done within the community to provide a report on the overall economic benefit. PUBLIC COIVIIVIENT5 - A('ENDIZED IT'EM Requests were received to address the following items and deferred to those discussions: Item Nos. 6 and 8. CONSENT CALENDAR The following items were pulled from the Consent Calendaz for further discussion and consideration: Item Nos. i, 6, 8, 9 and 10. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 2. Ratified the Warrant List for Oct. 31, 1996. (F:12.3) 3. Received and ordered filed the Investment Report for September 30, 1996. (F:12.5) 4. Rejected and referred to Claims Administrator for handling the Claim Against the City submitted by Duane Joel Daniel (CL #96-23).(F:52.2) 5. Approved Cancellation of the December 24, 1996 City Council Meeting. (F:44.1) 7. Approved New Implementation Agreement with Riverside County Flood Control District and Water Conservation District for the Santa Ana Region Municipal NPDES Permit, and authorized signatures. (F:68.1)(X:22.3) 31. ~ommercial Project No 96-2 Paradise Chevroler A„t~ Dealershin at 31400 Casino Drive. (F:58.2) PAGE FOUR - CITY COUNCII. MINUTES - NOVEMBER 12,1996 -. City Manager Molendyk noted that staff has been working with Mr. Gregory, owner of Pazadise Chevrolet, and noted that the Temecula General Manager was present, as well as the new Lake Elsinore Facility's General Manager. He noted the location of the facility and explained that it will be car sales and maintenance, which is a good tax resource for the Community. Community Development Duector Leslie detailed the location and the proposed project. He further detailed the pazking area and the design of the building as proposed. He noted that it includes extensive landscaping around the site, but limited landscaping on site. City Manager Molendyk noted that representatives were present to answer questions, and noted that people can buy a new 1998 model in town at the new facility as they are ready to begin work. Community Development Director Leslie noted that approval is also sought for elimination ofthe raised median on Casino Drive. Councilman Alongi inquired if the entrance aligned with Mill Street. Mr. Leslie indicated that the original design did not, but this design does show a Mill Street alignment. Councilman Alongi questioned the distance form the USA property entrance. Mr. Leslie clarified. Councilwoman Brinley noted that she really likes the project and is excited about it. She expressed concern with the lack of bonding for landscaping and noted problems with other projects in the community. She also stressed the projects which have not complied, and clarified that this is only a precautionary measure for one year. She concurred with the difficulty of having trees and birds on site neaz the cars. She questioned condition #31 regarding landscaped planters, and why it was requested that this be deleted. Mr. Leslie explazned the redesign of the driveway, and noted that there was some landscaping added to the front of the project. He further explained the condition was being removed because the redesign addresses the concerns for the landscaping. Mrs. Brinley questioned Condition No. 18.h. with regazd to replacement of landscaping and stressed that this was leverage for the City. Mayor Pro Tem Kelley questioned the landscaping proposed. Community Development Director Leslie explained that it would include turf, shrubs and street trees. Mayor Pape noted that it will be a positive addition for the City and noted the potential for other dealerships to follow. He noted the benefit to the residents and area businesses. He welcomed Paradise Chevrolet to Lake Elsinore. Councilman Metze commended staff and Planning Commission on this project and requested clarification of Condition #56 with regard to the median. Community Development Director Leslie clarified the condition. Councilman Metze indicated that there was no need for the raised median at this time. MOVED BY BRINLEY, SECONDED BY KELLEY TO APPROVE THE DESIGN liEVIEW FOR COMMERCIAL PROJECT NO. 96-2, ADOPT NIITIGATED NEGATIVE DECLARATION NO. 96-4, BASED ON THE FINDINGS, EXHIBTT A PACKAGE AND SUBJECT TO THE CONDITIONS OF APPROVAL AS FOLLOWS, INCLUDING CONDITION NO. 18H. Councilman Alongi noted the concern for ~ar dscaping and questioned the agreement to be discussed in closed session. He questioned the impact on this decision. City Attorney Harper indicated that they were two separate issues. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. Mr. Gilmore introduced Mike FIerst, who will be moving to Lake Elsinore to be the PAGE FIVE - C1TY COUNCIL MINUTES - NOVEMBER 12,1996 General Manager beginning in 7uly of next year. 1. Subject to the attached Conditions of Approval and the Mitigation Measures contained in the Mitigated Negative Declaration No. 96-4 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 Goals, Objectives and Policies of the General Plan, the Canyon Creek Specific Plaq and the Zoning District in which it is located. 3. This project complies with the design directives contained in the Canyon Creek Specific Plan. 4. Conditions and safeguards pursuant to Chapter 17.82.070, 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 and the Canyon Creek Specific Plan. 1. Design Review approval for Commercial Project No. 96-2 will lapse and be void unless building pernuts aze issued witliln one (1) year of Planning Commission approval. An e3rtension of time, up to one (1) yeaz per e~ctension, may be granted by the Community Development Director prior to the expiration of the initiai Design Review approval upon application by the developet 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. All site improvements shall be constnzcted 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 Planning Commission or City Council through subsequent action. 4. Materials and colors depicted on the materials board shall be used unless modified by the Community Development Director or designee. 5. Screen walls shall be added in appropriate locations along the freeway frontage as deemed necessary for the purpose of screening view into the service areas. 6. The applicant shall submit designs for the construction of retaining wall and/or cribwall which shall be subject to the review and approval of the Community Development Director. The applicant shall submit designs for the construction of retainuig wall(s) at the southeastern area for automobile display which shall be subject to the review and approval of the Community Development Director. 8. Applicant shall meet all Conditions of Approval prior to the issuance of a PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 12, 1996 9. Certificate of Occupancy and release of utilities. 10. Applicant is to meet all applicable City Codes and Ordinances including Federal American with Disabilities Act. i l. Meet all Riverside County Fire Department requirements. 12. Project must meet all requirements of Cal-Trans, when applicable. 13. Trash enclosures shall be constructed per City standards as approved by the Community Development Director or designee, prior to issuance of Certificate of Occupancy. 14. All roof ladders and electrical panels shall be located within the interior of the building or in specially designed azeas concealed from public right-of-way view. 15. Applicant shall use roofing materials with Class "A" fire rating. 16. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened so that they are not visible from neighboring property, public streets, and the I-15. Screening plan if one is proposed, shall be approved by the Community Development Director or designee, prior to issuance of building permit. 17. All exterior down-spouts shall be constructed within the interior of the building or concealed from public right-of-way view. 18. The parking lot landscaping designs shall provide at least one (1) fifteen (15) gallon tree for every ten (10) parking spaces required by Code (161 spaces for customer, employee, and service parking), and subject to the approval of the City's Landscape Architect and Community Development Director or designee. 19. 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 pernut. 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 'urigation methods. b. Applicant shall plant street trees at a ratio of one (1) tree per each thirty (30) lineal feet of street frontage. Street trees shall be a minimum of 24" box size trees and may be clustered. Street trees shall be selected from the City's Street Tree List. 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. DELETED. PAGE SEVEN - CPTY COUNCIL MINUTE5 - NOVEMBER 12, 1996 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 watering. h. All landscape improvements shall be bonded 100% for material and labor for one (1) year from installation sign-off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required 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 shall be consistent with approved site plan. k. Final landscape plans shall include planting and irrigation details. 20. All exposed slopes in excess of three feet (3') in height shall have a permanent urigation system and erosion control vegetation installed, approved by the Plamiing Division. 21. All exterior on-site lighting shall be shielded and directed on-site so as not to create glaze onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. 22. The applicant shall develop a Uniform Sign Program for the site which specifies harmonious and consistent colors, materials and specifications which will enhance the projecYs design and meet the provisions of Lake Elsinore Municipal Code, Chapter. The Master Signage Program shall be reviewed and approved by the Planning Commission. All signage including freestanding signs shall be by City Pernut and in conformance with the approved Master Signage Program. The Master Signage Program shall be approved prior to issuance of Certificate of Occupancy or release of utilities. Individual sign permits are required prior to the erection of each sign. 23. 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 standazds. 24. All loading zones shall be cleazly marked with yellow striping and shall meet City Standards for loading zones. 25. Trailers utilized during construction shall be approved by the Planning Division. PAGE EIGHT - CITY COiTNCID MINUTES - NOVEMBER 12,1996 26. On-site surface drainage shall not cross sidewalks. 27. Parking stalls as required by Code (161 spaces for customer, employee, and service parking) shall be double-striped with four-inch (4") lines two-feet (2') apart. 28. Painted arrows on the asphalt shall be located at all internal drive aisles. 29. Prior to issuance of any grading permit or building permits, 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. 30. This project shall be subject to Mitigated Negative Declaration No. 96-4. 31. Any tenant within this development that can potentially employ 100 people or more sha11 be subject to the requirements of Ordinance No. 941 (Trip Reduction Ordinance) adopted October 27, 1992. 32. DELETE 33. Decorative pavement shall be provided at driveways and crosswalks, to the satisfaction of the Community Development Director or designee. ENGINEERING DEPARTMENT CONDTTIONS 34. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) at the time building permit is issued. 35. Dedicate underground water rights to the City (LEMC 16.52.030). Documents can be obtained from the Engineering Department. 36. Provide sufficient land dedication along Casino Drive frontage for a street right-of- . way of 100 ft.(50 ft. half section) prior to issuance of building permit. On written request by the applicant pursuant to established procedures, an abandonment of any excess right-of-way will be processed. 37. Public right-of-way dedications and/or abandonments shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Department for review and approval prior to issuance of building pernut. 38. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85- 26). 39. 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 pernut. 40. Install all public works improvements, signing and striping per approved street plans (I.EMC, Title 12). Plans must be approved and signed by the City Engineer PAGE NINE - CITY COUNCIL NIINUTES - NOVEMBER 12,1996 prior to issuance of building pernut (LEMC Code 16.34). 41. Street improvement plans and specifications shall be prepared by a Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest editioq and City codes (LEMC 12.04 and 16.34). 42. Pay all fees and meet requirements of an encroachment pemut issued by the Engineering Department for construction of off-site public works improvements (LEMC 12.08 and Resolution 83-78). 43. 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. 44. 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. 45. Provide fire protection Facilities as required in writing by Riverside County Fire Dept. 46. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 47. On-site drainage shall be conveyed to a public facility (such as a street and/or storm drain facility) or accepted by adjacent property owners by a letter of drainage acceptance or conveyed to a drainage easement. 48. 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. 49. __ If e3usting culverts under Casino Dr. aze used as inlets, they must be cleaned and functional with trash racks and sediment basins to be installed for continued effective use: If culverts are abandoned in place, they shall be plugged and filled with a sand slurry. 50. If a property boundary is along the San 7acinto River, then the developer shall provide nnprovements along the embankment of the river. The improvements will be based upon an engineering study of the river hydraulics. Otherwise a lot line adjustment or other acceptable process must be completed to separate subject site from property fronting the river channel. 51. 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 pernvt and post appropriate security. 52. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to grading plan approval. 53. Applicant shall obtain any necessary Caltrans permits and meet all Caltrans requirements. 54. Applicant shall make good faith effort to drain roofs to landscaped areas where feasible. PAGE TEN - CITY COUNCIL MIl~TUTES - NOVEMBER 12, 1996 - 55. If a median is deemed necessary by the City Council on this section of Casino Drive, the applicant shall contribute $16,600 for the cost of half of a raised landscaped median along the Casino Drive frontage at issuance of building pemut. 56. The project grading shall preserve and perpetuate the eacisting drainage pattern from I-15 Freeway. 57. The southeast driveway access on Casino Drive shall be for right-turn in and right-turn out only, if a median (raised or painted) is deemed necessary by the City Council in this section of Casino Drive that would otherwise inhibit left hand turning movements. 58. Driveway site distance shall meet the design criteria of the Caltrans Design Manual. If site distance can be obstructed, a speciallimited use easement must be recorded to limit the slope height, the type of landscaping and wall placement. 59. Developer shall contribute $5,000 toward the design and construction of nnprovements (including a traf~'ic signal) at the intersection of Casino Drive and Franklin Street. This development will increase traffic at the intersection at least 2% and should contribute 2% towazd construction. 60. Applicant shall provide the city with proof of his having Sled 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 pernuts. 61. All grading shall be done under the supervision of a geo-technical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured. 62. Provide soils, geology and seismic report. Provide final soils report showing compliance with recommendations. 63. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations. 64. Meet all requirements ofLEMC 15.64 regazding flood hazazd regulations. 65. Meet all requirements of LEMC 15.68 regazding floodplain management. 66. Applicant to provide FEMA elevation certificates prior to certificate of occupancies if applicable. 32. Allocation of Funds - Temecula Library Feasibilitv Study. (F:98.1) City Manager Molendyk explained this item and noted the continuing shortfall of dollazs to address libraries. He explained the current level of operation and the possibility of future cuts. Ae detailed the possible options anticipated from ttus study, and noted that Temecula was originally going to pull out of the system. He advised that this is a request for Council consideration of the allocation of $13,000 for participation in the study. He stressed that these funds aze specifically collected for use on library issues, and no unpact on the general fund. Mayor Pro Tem Kelley added that the library has been cut to 28 operational hours per PAGE ELEVEN - CITY COUNCIL MIl~TUTES - NOVEMBER 12,1996 week. She detailed the County budget for libraries and stressed that it is not adequate. She noted the number of residents served, and the discussions with the other two cities. She further noted that Temecula has taken a very conservative approach, but after pulling out of the system it is impossible to go back. She explained the interest in working with the City of Temecula on the feasibility. She noted funds left over after the Perris library was constructed which might be available for a portion of the cost of the study. She also noted that there is an effort to work with Mt. San 7acinto College on a joint venture. She suggested that the letter of intent be pulled until final verbiage is developed. She explained that there are efforts underway to negotiate with the County first to look at improving the operations, or we will pull out of the County system. Mayor Pape noted that he was struck by the amount of overhead charged to the facility for 28 hours a week of operation. Mayor Pro Kelley noted that the closest estimate is about $140,000 for operations, and stressed the overhead costs in the contract. Mayor Pape concurred that it would make sense to have a study done first to deternune the best approach and cut down on some of the overhead. He noted that the service might ultimately improve. Mayor Pro Tem Kelley noted the availability of copies of the proposed study by Dauid Griffith and Associates; and advised that they are well known for studies on libraries. Councilman Alongi commented on BSI who does a lot of work for the City, and suggested that they would have much of the information needed for the library study. He concurred that this is an important study, but suggested that part of the funds go into the purchase of books; and stressed better use of the taYpayer dollars. He concurred that the consultant is very well qualified but suggested that information could be turned over to cut the costs. City Manager Molendyk concurred that BSI has e~rtensive background information and noted that while the City is participating in the study with Temecula, BSI will act as an advisor to review the outcome and statistics, at no cost to the City. Mayor Pro Tem Kelley indicated that this was a point well takeq but this study will be all inclusive of the participating cities. Councilwoman Brinley questioned the funding. MOVED BY BRINLEY, SECONDED BY KELLEY TO ALLOCATE THE $13,000 FOR THE FEASIBII,TTY STUDY AND WITHDRAW THE LETTER OF INTENT. Councilman Metze questioned if the intent would be a similar stand ;o what Temecula is doing. Mayor Pape suggested waiting to see what the study reveals. Mayor Pro Tem Kelley indicated that Temecula is doing a resolution tonight, and noted that there is no guazantee that the dollazs will come to the cities if we withdraw from the County system. Mrs. Kelley noted that the more conservative approach is to request better services or we will look at pulling out. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Winterfest 1996. (F:62.1) Mayor Pape indicated that this item was placed on the agenda by mistake; as per the policy it should go to a study session first. He noted that the businesses were working to sponsor this event. Councilman Alongi called for a point of order. He indicated that it was placed on the agenda because there was no time for a study session with the proximity to Christmas. He stressed the time factors for staff to arrange it. PAGE TWELVE - CTTY COUNCIL NIINUTES - NOVEMBER 12, 1996 Mayor Pape noted that the businesses may not be interested in having the City involved. ITEMS PULLED FROM THE CONSENT CALENDAR 1. Minutes (F:44.4) a. Reeular City Council Meeting - Oct. 22 1996. Councilman Alongi indicated that he was not present at the October 22nd meeting, so he would abstain from vote on it. MOVED BY METZE, SECONDED BY BRINLEY AND CAItRIED BY A VOTE OF 4 TO 0 WITH ALONGI ABSTAINING TO APPROVE THE MINUTES OF OCTOBER 22, 1996. 6. Western Riverside Countv Comprehensive Transportation Plan. (F:108.13) Mariana Mohylyn, 305 W. Sumner, questioned the material presented at the beginning of The meeting and questioned the recommendation. She suggested that this was a reach for the stars effort and questioned the need to acquire property. She questioned whether this item would relate to public transportation. She commented on the proposed increase in the number of theaters and noted a lack of transportation on Sunday. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 96-59: RESOLUTION NO. 96-59 A RESOLUTION OF THE CITY OF LAKE ELSINORE AGREEING TO PARTICIPATE IN THE IMPLEMENTATION OF THE WESTERN RIVERSIDE COUNTY COMPREHENSIVE TRANSPORTATION PLAN. 8. Suonort of an Inland E~ire Routin¢ of High Speed Rail between Los An~eles and San Dieeo.(F:140.19) Mariana Mohylyn noted the e3usting metro system and questioned whether this action will bring it through Lake Elsinore and indicated that would be wonderful. She requested that the land to be acquired be identified and inquired if there was an effort to obtain a depot stop for Lake Elsinore. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 96-60: RESOLUTION NO. 96-60 A RESOLUTION OF THE CITY OF LAKE ELSINORE IN SUPPORT OF AN INLAND EMPII2E ROUTING OF A HIGH SPEED RAII, BETWEEN LOS ANGELES AND SAN DIEGO. 9. Finalization ofLEMA Business and City Acceptance of Assets. (F:923) Councilman Alongi inquired if the City Attorney knows that the litigation will be concluded prior to this transfer. City Attomey Harper indicated that there is one piece of active litigation for LEMA; and none to which LEMA is the only pazty, so pending PAGE THIIiTEEN - CTI'Y COUNCIL MINUTES - NOVEMBER 12,1996 litigation is of no impact. MOVED BY KELLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE MOTION OF THE LEMA BOARD TO TRANSFER Ai,i, REMAINING NET ASSETS, INCLUDING CASH AND FIXED ASSETS OF LEMA, TO THE CITY OF LAKE ELSINORE'S LAKE ENTERPRISE ACCOUNT FOR THE BENEFIT OF THE LAKE. 10. Set Public Hearing Date of November 26, 1996 for the following: a. An Interim Ordinance Eactending a Temporary Prohibition on New Multi-Family Residential Projects at a Density Greater than Twelve (12) Dwelling Units Per Acre Pending Contemplated General Plan and Zoning for a Period of up to 10 Months and 15 Days. (F:32.1) b. Acceptance of the County Wide Integrated Waste Management Plan. (F:163.1) Councilman Alongi indicated that there was no reason to set a public hearing on 10.a. as the General Plan in itself has built in safety factors with regard to multi-family. He noted that the General plan has been in effect since 1990 or 1991 and is reviewed approximately every five years. He stressed that people who invest in property do so based on the existing general plan, and noted the disadvantage to the investor and an impasse on the brokers in the community who lease and sell based on development potential. He commented that no projects are coming forwazd now and this item should be set aside until something comes along. He suggested a review of the general plan in about another year. He expressed understanding of the Council concern, but suggested that there are other ways to handle it. Mr. Alongi questioned the timing for the next revision and the last plan approved. Community Development Director Leslie, indicated that the last comprehensive revision occurred in November of 1990, but amendments have taken place since then. He indicated that State law has no prescribed time limit on a plan once it has been adopted, but generally most cities will review the plan and do an update every ten years or so. CounciLnan Alongi indicated that if the Council would rather deal with the general plan, then put in a study session and bring the general plan forward to the Council He indicated that he doesn't particulazly agree with 24 units per acre. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO SET THE PUBLIC HEARING DATE OF NOVEMBER 26, 1996, FOR THE ABOVE LISTED ITEMS. THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:17 P.M. THE REGULAR CITY COUCNII. MEETING RECONVENED AT 9:03 P.M. PUBLIC COMMENTS - NON-AGENDIZED Tl'EMS Barry Wilson, 6530 Bancock, Hesperia, property owner on Nebraska Street, commented that he and other property owners have been denied access to their legally subdivided lots on a public street. He questioned Council receipt of a letter appro~mately one month ago, following litigation. He indicated that he was advised to bring this to Council for relief. He detailed the berm constructed in 1980, and explained the purpose of the berm; which he felt was tied to the outflow channel, and when the channel was opened they petitioned to have the berm removed. He explained that new work was done on the berm in 7une or July of this year, and noted that the properties now have no access for weed abatement. He indicated that he would sue if charged for weed abatement. He noted a letter fro:n the Corps of Engineers indicating that they had no PAGE FOURTEEN - CPTI' COUNCIL MIlVUTES - NOVENIBER 12, 1996 part in the construction of the berm. Ae indicated that it is an illegal public nuisance denying access right to the properties, and questioned when he could expect a solution in writing. He noted that he is prepared to proceed with litigation for at least seven plaintiffs; and requested placement of this matter on a future agenda. William Watkins, owner of property in the area of Nebraska Street, noted that he has requested consideration of this matter previously. Paul Houghtaling, 1705 N. Tympani Cir., Anaheim, detailed his properry on Nebraska Street and noted the location of the dike. He indicated that he was told that the Corps did build the berm, but was also told that the City built it. He noted a letter received from the City that he could move it at his own expense. He noted the disaster loan on the property , and the difficulty in accessing the property for weed abatement or anything else. He requested that this matter be placed on the City Council Agenda for resolution of the problems. Lela Cazdoza, 300 Ellis Street, expressed concern that her polling place was changed to the Tuscany Hills Elementary School. She stressed the drastic change in location and noted the difficulty for Senior Citizens to access this polling place. She stressed that the signage was inadequate and there was no transportation service provided. She indicated that she spoke with the Registrar of Voters and questioned the change in the location. She noted the potential impact of this change on Candidate Flores. She suggested that the Cultural Center be used as a polling place and expressed concern that this was impacting her constitutional rights. Chris Hyland, 15191 Wavecrest, indicated that she told us so, and Proposition 218 did pass. She noted a FAX received requesting support of the Winterfest Program; and explained that she was talked out of it by the business people, due to concerns for liability for the event. She commented on the extension of time for the theater and expressed concern that denials to children by the Council are common. She indicated that it was stupid for a Councilwoman to seek funds, when funds are being given away. She commented that she is happy that Proposition 218 passed. Bob Field, representing HOPE, noted that this meeting reaffirmed that he has no taste for politics, but prefers being a board member of HOPE. He explained that they are involved in a special project to assist a ternunally ill child and his family, by selling raftle tickets to raise $I5,000 to assist the family. He advised that the ra{~le tickets are available from HOPE. Gary Crrant, 27068 Jarvis Street, Perris, noted a letter submitted on the predication of discussion with Mr. Leslie in relationship to a LAFCO application on behalf of Mr. Britton and others. He indicated that he would like them to consider the issue and give their blessing or denial and allow the property owners the opportunity to pursue the issue or grant a waiver of the fees for detachment of the properties. Mariana Mohylyn, 305 W. Sumner, noted the recent election and commented that it placed the government into balance. She questioned the solidity of the bridge to the future and noted her opposition of communism, fascism, etc. She expressed thanks to those who voted for her. She noted the previous discussion of the theater and her difficulty placing signs on that site during the past elections. Elena Ray, 17380 Shrier, thanked the Council for the opportunity to speak. She noted that she attended the Extreme Games, and expressed hopes that they would be allowed to retum ui spite of the tragedy. She stressed that this is part of the sport, but suggested placement of a plaque in commemoration of the participant who died. PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 12, 1996 CITY MANAGER COMMENTS City Manager Molendyk noted that some of the business owners have contacted his office with questions regarding the Holiday Police patrols. He indicated that the Police Department will begin these patrols on Thanksgiving weekend. He further indicated that staff is working on a Fire Station Meeting for the evening of December 3, 1996. CTTY COUNCIL COMMENTS Councilman Metze commented on the following: 1) Complimented the Sheriffs Department volunteers, Fire Department volunteers, GFI and City Staff on their efforts for the Elsinore Grand Prix. He commended them on bringing back-a part of history. He addressed Mr. Seepe and noted that the newspapers over the weekend provided very limited coverage of the event. He expressed fiustration with the lack of wverage and the suggestion that there was a "Melee" at the Stadium. He stressed that 99.9% of the people were not aware that the incident even occuned. He noted that the gentleman who was killed received the top billing for the event. He further noted that the Orange County Register provided better coverage of the event. Councilman Alongi commented on the following: 1) Explained that he placed Winterfest on this agenda; and noted that the Council uses the Council policy to their advantage. He noted the need for insurance and proper supervision to cover the snow and ice. He stressed that the City would ultimately be on the line an he would rather see the City take control of it. He noted other progcams which receive funding. 2) Addressed the newspapers and concurred with Councilman Metze. He admitted that he was very concerned with approving any of the Grand Pri~c events, particulazly in light of the people drawn to past events; but he expressed understanding of the need to bring excitement to the Community. He commented that it was not right for the paper to show the tragedy in photos, not to mention reporting on it. He noted that the press said nottung positive about the event, and commented that he is now elated that he voted for the event. He noted that staff and the Sheriffs Department did a great job and Goat provided the best organized event he has seen for the magnitude of the event. He stressed that the press comments should be congratulatory on the event and indicated that the group was very well behaved. He expressed appreciation to all involved and indicated that he will vote for the event again. Ae suggested additional safety factors for the next event. 3) Addressed the theater, and indicated that he wants nice things in the community as well, but stressed the importance of looking at the investment and whether it will produce the type of revenues needed. He commented that we can't keep draining the coffers; and noted that the Redevelopment Agency is crippled right now. He indicated that with regazd to Camelot Properties, Item No. 2 there is an option for commercial, a restaurant or a bank. He indicated that there is no development occurring, as everyone is faced with the recessing, but this developer is receiving tax dollars. He noted the number of people who participate and attend the theater, and suggested that there is no certainty with regard to the success. He stressed that Mr. O'Byrne needs to produce before he receives tax dollars. He stressed that PAGE SIXTEEN - CITY COUNCIL MIIVUTES - NOVEMBER 12,1996 Mr. O'Byrne is the landlord and he is responsible for the project. 4) Addressed the Californian and a recent article about him, and indicated that the Charlie Hand article makes untrue statements. He indicated that he has never been fined anything or proven guilty; as he is proving his position. He stressed that the papers don't make sure the information is conect, but there will be no retraction of the article. 5) Noted that a friend questioned what he gets for his participation on RCHCA.; and noted a story about a person who bought acreage in San Bernardino to fazm and was prohibited from doing so because of the Tempton Kangaroo Rat. He stressed the bureaucracy and noted that people are being denied the right to develop their property. 6) Commented on the F.P.P.C. Hearing which began this date and noted that he won't loose respecY for the Country or the legal system in this Country. He indicated that it is wonderful to be allowed to defend his position before the Board. He further indicated that he didn't care about the beliefs of some in the Community and he will continue to represent the community the best way he knows to. He noted that he has no excuses, as he knew what he was doing when he did it. He indicated that it was surprising when Councilmembers took part in the complaint and they expect him to pray with them. Fie noted that the trial would continue tomonow and win, loose or draw, he would be glad to have it behind him. He commented that he has an unportant decision to make in his life based on the court case. Ae further commented that he has dedicated his life to the community and invested quite a lot, but it doesn't seem to count in the eyes of the Court. He indicated that the Court is only concerned with the what and not the why. He indicated that it is sad when elected of~cials, elected by a majority of the people because they have something to contribute, are not able to do so. He commented that his ideas are too far to the right or the left of the Council and he feels that he is ineffective as a Councilperson to represent the Community. He indicated that he has accomplished quite a bit in the Community, lost much in 1980 and rebuilt because he is concerned with the Community. He noted that when it hurts is - whenthere are items in the paper, read by hisfamily. He indicated that he is not sorry for himself, as he can take on anyone, but his wife and granddaughter have to face those things in the Community; and he is not happy that they have to read the 4rash in the papers. He indicated that he will take his share of the blame because he loves Lake Elsinore. He stressed that young people should have the opportunity to stay where they grew up. He noted that his feeling on low income housing does not fit in with the Council, and explained his views. He indicated that he had no apologies to the Council or the City, as he has done what he believes in. He noted that some will be happy if he pays the price, but to him it would be an honor to pay the price; as it is an honor to create a house and put a family in it and he will continue to do so, possibly in the County where it will be more appreciated. He indicated that he was sad to see the City Manager on the witness stand, as he respects him very much, even if he imtates him some times. He indicated that the City Manager is a dedicated, honest public servant who can not do his job, which was evident by the answers today. Ae indicated that he will not cause any more pain for any of the employees of the City of Lake Elsinore. He indicated that he did not realize he hurt them because of his indulgence in his beliefs. He indicated that he doesn't know what he can do anymore, and although he was reelected, he is not sure what he will do; and will need to make a decision in the ne~ct couple of weeks after discussions with his family. He expressed concern with taking a chance of his granddaughter being attached. He wished the PAGE SEVENTEEN - CITY COUNCIL MINUTES - NOVEMBER 12, 1996 audience Good Night and noted that it has been an honor to serve the City and be acquainted with the City Attorney. He noted a problem caused for Mr. Boone and indicated that he did not get over it. He indicated that Mr. Molendyk has taught him a lot and has always been a very professional person. He suggested that he may be too rough to be a Councilperson and needs to pound nails to see accomplishments. He commented that his wife allowed him to follow his dream as a CounciUnember, and received many heartaches in retum. Mayor Pro Tem Kelley commented on the following: 1) Noted that the motorcycle races were wonderful, even the event with the tragedy. She further noted that all in all the events were well attended. She indicated that people from everywhere commented on the beauty of the weather, the Stadium, and the Lake. She noted that City staff, Police and Fire did an incredible job of keeping it going. She stressed the prompt response to the skateboazder injury and care for the crowd in attendance. She commented to Goat Breker that he can now count the Council as supporters of his efforts. 2) Commented that with regard to Winterfest she was approached by business people wanting to fund the snow for the event. She volunteered to do fundraising to assist them. She explained that this effort was not intended to offend anyone, but they were trying to raise a total of $2,500. Councilwoman Brinley commented on the following: 1) Thanked and applauded the stafffor a wonderful job on the Grand Prix. She commended Mr. Breker on bringing a major event to the community and noted that great time was had by all and the City received the kind of recognition we are looking for. She noted the tragic accident and suggested that the event be named after the killed skateboazder. She expressed condolences to the family on behalf of the entire Council. 2) Discussed Winterfest, and noted it was one ofthe best events the City had, and she would like to see it continued, but now it is important to view events with a harsher eye. She expressed appreciation to Mayor Pro Tem Kelley for her efforts to assist with fundraising, and offered to assist. 3) Noted the Christmas Trolley kick-off; and explained that it will run throughout the month of December. She detailed the cost to ride and noted that the event will help highlight the positive aspects of each community. She indicated that this will be a pilot program, but each City could end up with their own trolley system. She noted that it will premier on Visions and Views on November 20th at 8 o'clock, downtown. 4) Addressed the theater, and noted that she has been here since 1978 and was part of the group in the park wanting entertainment for the kids. She stressed the distance traveled previously to find entertainment. She indicated that *.he itieu*rr has done very well recently and is growing; and has been a positive adclitior tr~ t;e community. She indicated that she is looking forward t~ £e:x; more scre~ns and encouraged the expansion. PAGE EIGHTEEN - CITY COUNCIL NIINUT'E5 - NOVEMBER 12,1996 Mayor Pape commented on the following: 1) Noted that it has been an active couple of weeks, with events such as the Do It center grand opening, with 55 new jobs; attendance at the Wildomar Mac Meeting as good first step to open the lines of communication. 2) Congratulated the Students of the Month from all three high schools and indicated that they needed a pat on the back for a job well done. 3) Noted that he met with Assemblyman Thompson to discuss the Lake; and work on setting up a summit to bring agencies together to find solutions on water quality. 4) Commented that the Grand Prix was a huge success; and expressed thanks to police, fire and Goodhew for their part of the vision for the community to be tourist and recreation oriented. 5) Advised that Winterfest will have the Tree Lighting, Santa in the Trolley and Cazolers, with the only question being the snow. He indicated that it is not a liability problem for those wishing to contribute, and those wishing to make it a success are welcome to contribute. CLOSED SESSION Discussion of Potential Litigation of the following: a. L.E.R.A. b. Lou's Lakeshore Lounge c. Paradise Chevrolet - Agreement THE REGULAR CTTY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:05 P.M. TO DISCUSS THE ABOVE MENTIONED ITEMS. THE CITY COUNCIL MEETING RECONVENED AT 10:33 P.M. STAFF WAS DIItECTED TO MOVE FORWARD WTTH AN ARBITRATOR IN THE LTl'IGATION INVOLVING LOU'S LAKESHORE LOUNGE. THE REGULAR CITY COUNCIL MEETINC~WAS ADJOURNED AT 10:34 P.M. ; ; i KEVIN~~ APE, MAYOR CTTY OF LAKE ELSINORE A~TE;~T: ` V1GF~ KASAD, C~(Z'~' CLERK CIT~' OF LAKE ~I:SINORE