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HomeMy WebLinkAboutCC-11/14/2000MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY STUDY SESSION CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 149 2000 .......................................... ............................... CALL TO ORDER The City Council Study Session was called to order by Mayor Brinley at 4:00 p.m. ROLL CALL PRESENT: COUNCILMEMBERS: KELLEY, SCHIFFNER, BRINLEY ABSENT: COUNCILMEMBERS: METZE, PAPE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Community Development Director Brady, Information/Communications Manager Dennis, and Deputy City Clerk Bryning. DISCUSSION 1. Agenda Review. (17:44.1) Presentations Councilwoman Kelley noted that the person who was going to present the program for Safety Kids would not be present due to a personal accident. Mayor Brinley stated that she would continue this item to a future date. Mayor Brinley stated that she would have an additional presentation for Anthony Chairez who had become an Eagle Scout. Consent Calendar Councilwoman Kelley addressed Item No. 4, and questioned the location of Claim No. 200047. She asked if it were filed against the State as well. City Attorney Leibold indicated that she did not know, however the Claims Administrator had recommended denial. Councilman Schiffner questioned the location since Rose Street was not located within the City Limits. Mayor Brinley stated that she would be pulling Item No. 5 regarding the Grant Deed and Statement of Disclosure to the Center for Natural PAGE TWO — STUDY SESSION — NOVEMBER 14, 2000 Lands Management for more information. Councilman Schiffner stated that he was going to ask to have this item pulled as well. He stated that as far as he was concerned, he felt the Fish and Wildlife was dictatorial and he wanted the public to know that. City Manager Watenpaugh presented an overview of the item and explained that Granite Homes was required to dedicate open space. He noted that some time ago Council had agreed to provide the 29- acre open space to Fish and Wildlife to assist Friedman Homes in their additional requirements for development as well as shed responsibility of the cost of maintenance for the open space. He stated that through this action the City would assure that the area remained open space. Councilman Schiffner asked if the 29 acres was a requirement of Fish and Wildlife. City Manager Watenpaugh stated that it was not a requirement, however it was an opportunity to relieve the City taxpayer of the responsibility for the maintenance of open space and still have it remain as open space view corridors and vistas available. Councilman Schiffner stated that it was mutually beneficial to all parties. City Manager Watenpaugh concurred. City Manager Watenpaugh asked that the City Clerk's Office provide a copy of the Police Report to the City Council for Claim No. 2000 -14 (Milstead), which was addressed by Item No. 4. Mayor Brinley asked the City Manager to explain Item No. 7, Rental Fees for the Diamond Stadium. City Manager Watenpaugh explained that because of the default of Lakeside Sports Entertainment, the City must re- implement the fees for the rental of the Diamond Stadium and Diamond Club. Councilwoman Kelley asked if the fees were the same as Lakeside's fees. City Manager Watenpaugh stated that it was a combination of what Lakeside charged and what the City previously charged. Councilman Schiffner requested clarification that under the present agreement the only rights the baseball team had to the Stadium were related to baseball. City Manager Watenpaugh advised that the team had the rights for several other additional uses outside of the baseball season, however they must provide the dates and the activities would all be baseball related. Councilman Schiffner clarified that the City could do concerts and other activities. City Manager Watenpaugh stated that the City was currently negotiating those issues. City Attorney Leibold stated that the City was currently in negotiations with Mandalay for baseball purposes, however historically Mandalay gets revenues from baseball events and the Redevelopment Agency gets revenues from non - baseball events. She noted that currently there was no binding agreement between Mandalay and the Agency. Councilman Schiffner requested confirmation that Lakeside had officially abandoned the Stadium. City Attorney Leibold confirmed and explained that on numerous PAGE THREE — STUDY SESSION — NOVEMBER 14, 2000 occasions Lakeside Entertainment had notified the City that they could no longer meet their financial obligations under the Stadium Lease; and the City had repeatedly confirmed that they were abandoning their obligations and were repudiating the lease in breech of their obligations. She indicated that as of November 15, they sent a letter officially abandoning the premises; however they have had no presence at the Stadium since the end of October and since the end of October the City took over and began taking an inventory. She stated that no matter which date is considered, they are no longer officially involved at all. She explained that as the owner and landlord of the facility the City had the obligation to mitigate damages and protect assets. She noted that Lakeside had been informed of all the measures the City had to take to mitigate damages. Councilman Schiffner asked if Lakeside's surrender of the Stadium had any affect on Mandalay. City Attorney Leibold stated that it did, and noted that Lakeside repudiated their agreement with Mandalay, just as they did with the City. She noted that Lakeside had a number of contracts they had reneged on. Councilman Schiffner asked if that included any agreements for other monies or concessionaires. City Attorney Leibold stated that the Concession Agreement was a tri -party agreement between the concessionaire, Lakeside and Mandalay and the City was in the process of negotiations. Mayor Brinley asked if Mandalay owed any money to Lakeside. City Attorney Leibold stated that she did not know; however the City was not responsible for any of those types of debts. City Manager Watenpaugh stated that the City had already paid Lakeside's phone bill and some of the utilities. He indicated that those monies would be incorporated in any future action taken against Lakeside. Mayor Brinley asked what the City had spent to date. City Manager Watenpaugh stated that to date the only money the City had paid was the phone bill, however the City would have to pay the water bill as well, since the water was shut off. He stated that the City was informed that there was a bill of $43,000 for electricity, and the City had contacted the Southern California Edison and told them that the City would pay the bill to keep from loosing electricity. Councilwoman Kelley asked if the City had plans to look for a promoter for the Stadium for activities other than baseball. City Manager Watenpaugh stated that the City was currently negotiating the agreement to establish where the City stood and determine the actual cost to get the Stadium back in shape. He stated that the City had one group approach the City and requested four dates to market and promote events. He indicated that they were very aware of the situation; they tried to approach the previous leased company; they would not talk to them; they run major events in Southwest Riverside County and Orange County; and they are very interested in operating some events at the Stadium. City Attorney Leibold stated that once a relationship had been defined, and when the City was comfortable with the estimate of the maintenance and operating costs; potential revenue and expenses; then a definition could be finalized. PAGE FOUR — STUDY SESSION — NOVEMBER 14, 2000 Mayor Brinley addressed Item No. 6, regarding Special Counsel for Stadium matters. City Attorney Leibold noted that Mr. Piston was a well - qualified litigator and she had worked with him and knew him personally. She stated that he comes highly recommended and is extremely competent. She further noted that he specializes in Commercial and Real Estate litigation. Councilman Schiffner asked if this action was to authorize a fee schedule. City Attorney Leibold clarified that Council was not authorizing Mr. Pistone to do any work at this time. Councilman Schiffner requested clarification that he would return with a proposal and anything in excess of $5,000, which can be approved by the City Manager, would come back to the City Council for consideration, City Attorney Leibold confirmed. She explained that he had no authority to move forward with any action until directed by the Agency Board. She noted that what was presented was Mr. Pistone's fee schedule and staff would like to have him on retainer, so that when there is a plan, he would be authorized to move forward. Mayor Brinley noted that what he had provided was a guideline for fees. Councilman Schiffner clarified that the City would be putting him on retainer, but at a zero dollar retainer. City Attorney Leibold concurred. Business Items Mayor Brinley asked if there were any questions regarding Item No. 33, the Amendment to the Graffiti Ordinance. Councilwoman Kelley asked which stores in town did not have spray paint behind bars. City Manager Watenpaugh stated that the Do -It Center and various small stores in the area did not. Councilman Schiffner stated that he was not totally satisfied that the action would be a great deterrent, however it would be a first step. Mayor Brinley stated that at least it tightens down and cleans up some verbiage in the Ordinance. She thanked staff for a good job. City Manager Watenpaugh noted that various cities were compared and the proposed ordinance was a combination of all the other cities to maintain consistency. Councilwoman Kelley questioned the markers. Community Development Director Brady stated that the sizes vary and noted that 11/4 inch is a fairly common size used for graffiti. Councilwoman Kelley stated that' /4 inch marker is a poster marker. She stated that she was concerned that the stores would have to pull the Crayola Markers and place them in an enclosed area. Community Development Director Brady clarified the size and stated that it would not affect the Crayola Markers for children. Councilman Schiffner clarified that the list in the Ordinance was what was commonly prohibited in other cities. He stated that he felt that graffiti was one of the worst non - violent crimes against the general public. He further stated that he would be in favor of public flogging if it were permissible. City Manager Watenpaugh noted that the City was hit heavily last weekend. Councilwoman Kelley requested confirmation that the parents could be charged for the cost of removal if the person were caught. City Manager Watenpaugh confirmed. PAGE FIVE — STUDY SESSION — NOVEMBER 149 2000 Councilman Schiffner clarified that the Police Department feels that they could move forward catching the people. City Attorney Leibold stated that there were four persons being prosecuted at the present time. Councilman Schiffner stated that it might not take many being prosecuted to deter further damage. Councilwoman Kelley noted the reward listed in the Ordinance. Councilman Schiffner asked if the clean up on private property, with permission, was going to be a problem. City Manager Watenpaugh stated that the City must have permission from the property owner to remove the graffiti. He explained that the City could remove the graffiti and be reimbursed or remove the graffiti and not be reimbursed with the victims rights signed over to the City to allow the City to prosecute for reimbursement. He explained that the Council would have to decide in the future how they wish to handle it. City Manager Watenpaugh addressed Item No. 34, Design Review for Industrial Project No. 100-01. He stated that there was a correction on the square footage of the building on the chart on Page 11. He noted that the total office space should read 13,725 square feet and the parking requirement would not be changed; however the applicant would be providing 40 parking spaces rather than the 29 spaces required. Councilman Schiffner asked about the required handicap spaces. Community Development Director Brady stated that out of 29 required spaces only two were required to be handicapped. Mayor Brinley addressed the outdoor storage area and asked what would be stored. Community Development Director Brady stated that they did not have a tenant for the building and it was unknown at this time what would be stored, however it would be in conformance with the outdoor storage requirements. Mayor Brinley suggested that outdoor storage would not be an issue until the applicant applied for a Conditional Use Permit. Community Development Director Brady stated that a CUP had already been approved by the Planning Commission, however the tenant would have to comply. Councilman Schiffner questioned the wall that was to be built on this property. Community Development Director Brady noted that as long as the property develops in two years the wall would not be required. Mayor Brinley questioned the metal awnings. Community Development Director Brady noted that the awnings on the other building were the same and added consistency. Mayor Brinley asked about a Condition of Approval that would address the maintenance and condition of the awnings. Community Development Director Brady stated that the City had a Maintenance Ordinance that required the applicant to maintain the building at a certain level. Councilman Schiffner noted that the metal awning would hold up better than the paint on the building. Redevelopment Agency Chairman Schiffner noted that the items on the Redevelopment PAGE SIX — STUDY SESSION — NOVEMBER 14, 2000 Agency were standard and discussion was not necessary. City Manager Watenpaugh proposed the following Study Sessions: City Council Study Session — Raceway - November 30, 2000 at 10:00 a.m. at the Cultural Center. Special Council Meeting — CDBG Projects and Requirements and Discussion regarding Lake /Commercial Fees — December 7, 2000, 10:00 a.m. at City Hall.. Study Session regarding Sign Ordinance proposed after the first of the year. ADJOURNMENT THE CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA REVIEW STUDY SESSION WAS ANOURNED AT 4:43 P.M. u ►fTiQ-18 ml REGULAR CITY COUNCIL MINUTES CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 149 2000 CALL TO ORDER The Regular City Council Meeting was called to order at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Clerk Kasad. INVOCATION The Invocation was provided by Father Robert Guerrero, representing Saint Francis of Rome Catholic Church. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NONE Also present were: City Manager Watenpaugh, Assistant City Manager Best, City Attorney Leibold, Administrative Services Director Boone, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, Information/Communications Manager Dennis, City Treasurer Ferro and City Clerk Kasad. PRESENTATIONS A. Presentation — Blast From The Past. (F:62.1)(X:127.2) Mayor Brinley announced a presentation from Blast From The Past and asked Ms. Tammy Walsh to approach the podium. Mayor Brinley presented a check for approximately $20,000 for the Cops for Kids. She thanked all the contributors that make the success of the event possible. Mayor Brinley asked if someone knew a person that deserved help, who they should contact. Ms. Walsh stated that there was a website for Cops for Kids and invited people to log on to www.copsforkids.com, or if someone did not have access to a computer they could pick up an application at the Sheriff's Department in Lake Elsinore. Mrs. Walsh thanked the volunteers from Blast From The Past and presented the Mayor with a plaque to thank PAGE TWO - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 her for all her hard work. She also thanked Karen Snyder for her dedication and assistance. B. Presentation — Safety Kids. This presentation was continued. C. Presentation — Deputy Lujan. (F:127.2) Mayor Brinley read and presented a proclamation to Deputy Michael Lujan for his service and dedication to the City of Lake Elsinore. Deputy Lujan thanked the Mayor and City Council for the proclamation and stated that it had been a pleasure working in Lake Elsinore. D. Proclamation for Eagle Scout. (F:122.1) Mayor Brinley read and presented a proclamation to Anthony Chairez for his achievement of receiving the highest rank in the Boy Scouts of America and commended him on his project. Mayor Brinley introduced Anthony Chairez's parents and commended them for a job well done. Mr. Chairez thanked the Mayor and City Council for their recognition and explained the importance of the Eagle Scout rank and what it meant to him. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 6 & 33. CONSENT CALENDAR ITEMS The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5 & 6. MOVED BY METZE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1 a The following minutes were approved: a. City Council Study Session — October 24, 2000. b. Regular City Council Meeting — October 24, 2000. (F:44.3) PAGE THREE - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 The following minutes were received and filed: C. Planning Commission Meeting — October 18, 2000. (F:60.3) d. Design Review Commission Meeting — October 18, 2000. (F:60.4) 2. Ratified the Warrant List for October 31, 2000. (F:12.3) 3. Received and ordered filed the Investment Reports for August, 2000 and September, 2000. (17:12.5) 4. Rejected and Referred to claims Administrator the Claims Against the City filed on behalf of Roger Milstead (CL #2000 -14) and Ryan Arguello (CL #2000 -17). (F:52.2) 7. Approved and adopted Resolution No. 2000 -49 regarding Rental Fees for the Diamond Stadium and Diamond Club as follows: (F:134.10) RESOLUTION NO. 2000-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AMENDING THE ESTABLISHED FEES FOR USE OF THE LAKE ELSINORE DIAMOND STADIUM AND DIAMOND CLUB. BUSINESS ITEMS 31. Second Reading — Ordinance No. 1069 relating to Summerhill (Cant' Creek). (F:150.2) MOVED BY METZE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1069 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1069 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING SPECIFIC PLAN NO. 85 -1, AMENDMENT NO. 1 TO AMEND THE LAND USE DESIGNATION OF PARCEL WITHIN APPROVED SUMMERHILL SPECIFIC PLAN SPECIFICALLY DESCRIBED AS APN 363 - 100 -0899 363- 100 -0909 363- 100 -0879 363- 100 -034 FROM COMMERCIAL SPECIFIC PLAN TO GENERAL COMMERCIAL AND CHANGE AND ESTABLISH A LAND USE AND ZONING DESIGNATION OF APN 363 -100- 084 AND 363- 100 -056 FROM MULTIFAMILY - COMMERCIAL SPECIFIC PLAN TO "C -1 /SP" (NEIGHBORHOOD COMMERCIAL SPECIFIC PLAN). PAGE FOUR - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: PAPE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 32. Second Reading — Ordinance No 1070 relating to Summerhill Canyon Creek). (F:150.2) MOVED BY KELLEY, SECONDED BY METZE TO ADOPT ORDINANCE NO. 1070 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 1070 AN ORDINANCE OF THE CITY COUNCIL OF THE OCITY OF LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE NO. 00 -01 CHANGING THE ZONING DESIGNATION OF PARCELS SPECIFICALLY DESCRIBED AS APN 363- 100 -0899 363- 100 -0909 363 -100 -087 AND 363 -100- 034 FROM COMMERCIAL SPECIFIC PLAN TO C -2 (GENERAL COMMERCIAL). UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEM13ERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 33. Amendment to Graffiti Ordinance. (F:79.1) City Manager Watenpaugh noted that the microphones where not working and asked the audience to have patience. He asked that Community Development Director Brady explain this item. Community Development Director Brady stated that the item before Council would amend Chapter 9.52 of the Lake Elsinore Municipal Code, PAGE FIVE - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 dealing with graffiti. He indicated that the amendment to the Ordinance was to strengthen the existing regulations and adds wording for clear definition; requires merchants that sell items which have been used for graffiti purposes to be kept in a location where the public does not have direct access to those items; prohibit said items to be sold to persons under the age of 18; adds verbiage that prohibits possession of said items by persons under 18 years of age unless supervised by an adult, guardian, employee or instructor; verbiage that makes the parents of minors that have placed graffiti within the City, responsible for removal of the graffiti and the costs related to that action; verbiage that would encourage and expedite removal of the graffiti itself. He explained that the amendments were designed to help the City combat adverse impacts graffiti has had on the community, the adverse impacts on the businesses of the community and the overall appearance of the community. He further explained that the ordinance would not eliminate graffiti, however it would provide additional tools to allow the City to fight the problem. He recommended adoption of Ordinance No. 1071. Mr. Jeff Rawlins, 22 Corte Montena noted that he was new to the community and expressed his concern with the amount of graffiti in the City. He presented pictures of graffiti that he had taken around the City. He stated that it was clear to him that the current legislation had not been upheld. He objected to the ordinance and stated that it penalizes the businesses and not the parents of the children. He stated that he was sure that the police could provide more information. He felt that the Ordinance was weak and suggested that the City take a look at the International Municipal Lawyers Association's recommendation on anti - graffiti laws. He stated that they were tough laws, however the community needed some muscle and should support the police and their efforts. He stated that he was embarrassed to have his family visit Lake Elsinore because of the graffiti. He indicated that the International Municipal Lawyers' Association recommendation identifies and defines the laws and is very thorough, instead of a two -page sweep over with some cross -outs and a few amendments. Mayor Brinley asked that Chief Walsh address the issue. Police Chief Walsh stated that the problem with graffiti was that two distinct groups that were tagging. He noted that there are gangsters and tagging crews. He indicated that what the ordinance does for the Police Department is to allow them to do their job and go after the perpetrators civilly. He agreed with Mr. Rawlins that the quicker the graffiti is removed, the better it is for the City. He noted, however that if the graffiti is on private property, the City must give the owner a reasonable amount of time to remove the graffiti. He further noted that if the business owner could not get the graffiti removed, then the City could address the problem. He stated PAGE SIX - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 that the best way to discourage people who place graffiti, short of catching them, was to remove the graffiti as soon as possible. Chief Walsh stated that the gang graffiti is different, since it is used to mark territory, rather than just to tag. He noted that gang graffiti can be informational and noted that the Department has started a book of photos that they might be able to link to individuals. Mayor Brinley asked if Chief Walsh had had a chance to read the Ordinance proposed to Council. Chief Walsh noted that he had read the Ordinance and suggested immediate removal of the graffiti at City expense to facilitate the removal. Mayor Pro Tem Pape stated that he agreed with the prior comments. He further stated that there were a few different approaches that could be used. He noted that it was brought to his attention that a local hardware store had spray paint available, in an open public area which minors could obtain and then use for graffiti. He explained that as a consequence of that information, action was taken to deal with the control of spray paint. He further stated that graffiti was getting out of hand and the action before Council was just the first step to solving the problem. He noted how little time it takes for hoodlums to mark a street, which costs hundreds of dollars in damage. He noted that the amended Ordinance makes graffiti a felony, if it amounts to $400.00 or more in damage. He further stated that the Ordinance was trying to allow the police more opportunities to deal with taggers. He noted the 18 -year limit, and gave an overview of the fines that could be imposed as well as the right to impose fines on the parents. Mayor Pro Tem Pape stated that he felt that staff did a good job on the Ordinance and noted that it addressed seven key issues. He suggested that a change be made to expedite the removal as quickly as possible. He explained that when the graffiti was on private property, it could cause a lot of delays. He suggested development of a form the property owner could sign that would allow City crews to encroach on private property to remove the graffiti. He indicated that the City already spends approximately $20,000 a year on graffiti removal, however if the City needs to spend more, then Council should review that need in January at Mid -year budget review. He stated that it was not acceptable for the graffiti to remain in place for a week. Councilwoman Kelley commended Mayor Pro Tem Pape for his comments and agreed with Mr. Rawlins. She noted the problems the City experiences with private property. She noted that a good share of the graffiti, in the pictures that Mr. Rawlins presented, was on private property. She concurred that the faster the graffiti was removed, the better for the community. She indicated that she was in support of the Ordinance, and noted that the markers in question were not the crayon markers that are used in school. She indicated that she would support any way the ordinance could be tightened up. PAGE SEVEN - CITY COUNCIL MINUTES - NOVEMBER 149 2000 Councilman Metze concurred with Council comments and asked that staff obtain a copy of the document addressed by Mr. Rawlins. He indicated that he would be in favor of developing a tougher ordinance. He asked if the written consent from the property owner would be perpetual or if it would have to be done each time. He stated that he would be in favor to increasing the amount of money for graffiti if it would get the job done. He noted that the graffiti had been worse over the last few months and needed to be addressed. Councilman Schiffner expressed his support for the proposed Ordinance and stated that he felt graffiti was one of the worst non - violent crimes perpetrated on the citizens. He stated that he would be in favor of anything that could be done to prevent the problem. He stated that he would be interested in what comments the City Attorney might have in regard to the Ordinance. Mayor Brinley stated that she would like the City Attorney to render an opinion regarding Mr. Rawlins comments. She stated she would be in favor of anything that would make it tougher on the people that do graffiti. City Attorney Leibold stated that she would be happy to review the proposed form for graffiti abatement. She indicated that the Ordinance presented provides for fairly quick removal, and noted that the difficult issue is when the graffiti is placed on private property and giving the private property owner who is the victim, the opportunity to remove the graffiti, unless the City is going to undertake that cost. She further indicated that the Ordinance being presented does not provide for the City to undertake the cost of the removal from private property, unless the private property owner agrees to reimburse the costs. She further stated that she would be happy to look at other ordinances, however if the ordinance was coming from the City of San Diego, they have a large in -house City Attorney's office and they might be prosecuting the graffiti incidents as misdemeanors which would entail jury trials and a lot greater financial resources that this City has available. She indicated that she would be happy to look at other materials and provide a report on the differences. Mayor Brinley asked if City Council were to approve the Ordinance presented, could they bring the item back if Council likes another ordinance or finds a better method to satisfy the City's needs. City Attorney Leibold confirmed that the Council has the ability at any time to amend an Ordinance with the `Equal Dignity Rule'. She stated that she could provide a report detailing the differences between what the City has in place if the Council chooses to adopt the proposed Ordinance and the Lawyer's Association Ordinance; and then if Council wished to make some changes, another Ordinance would be prepared. Mayor Brinley stated that she felt it should be looked into if Council feels that it should be redone, and then PAGE EIGHT - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 action could be taken. She stated that she would like to see the Council move on this Ordinance to allow Chief Walsh the enforcement strength needed to take it to the full extent of the law. City Attorney Leibold stated that the police officers do rely on the State Penal Code provision that prohibits graffiti and noted that in the preparation of this Ordinance there was considerable consultation with other communities. She stated that staff had looked at and considered considerable alternatives and did the best possible job to provide strong enforcement abilities. City Manager Watenpaugh noted the ability of enforcement and asked the City Attorney to explain. City Attorney Leibold stated that when the taggers are caught, the City, under this Ordinance, has the right to pursue restitution in abating graffiti. She noted that where graffiti takes place on private property, the private property owner can assign the victim rights to the City if the City undertakes the removal of the graffiti and if given those rights, the City can pursue restitution on those cases as well. Mayor Brinley thanked the City Attorney and Staff for addressing this issue, however indicated that she did want to see if more strength could be added at a future time. She stated that she was in support of the possibility of increasing the budget at mid -year to add monies to the graffiti budget if it is found feasible. Councilman Schiffner asked if it would be possible to add verbiage in the ordinance to allow removal of graffiti from private property, at the City's expense, and gain restitution later if the perpetrator is apprehended. City Attorney confirmed that such verbiage could be added. Mayor Brinley asked if there was a need for budget review prior to putting the proposed change into effect. She suggested that the cost for private property be set -aside until Mid -year Budget Review to allow Council and staff the opportunity to review costs. Councilman Metze stated that in the past, at Planning Commission level, Conditions of Approval to have a Graffiti Removal Program in place for all new businesses and asked if that was still part of the Conditions for new businesses. He noted that if it was not, he would like to see it implemented. Mayor Brinley concurred with Councilman Metze regarding the Conditions. MOVED BY PAPE, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO APPROVE FIRST READING OF ORDINANCE NO. 1071 BY TITLE ONLY, WITH A CHANGE TO 9.52.080 — REMOVAL OF GRAFFITI — ITEM C TO READ: PRIOR TO THE REMOVAL OF GRAFFITI ON PRIVATE PROPERTY, THE CITY SHALL OBTAIN WRITTEN CONSENT FROM THE PROPERTY OWNER TO LEGALLY ENCROACH FOR THE PURPOSE OF GRAFFITI REMOVAL WITH ANY PAGE NINE - CITY COUNCIL MINUTES - NOVEMBER 149 2000 RESTITUTION TO BE RENDERED TO THE CITY; AND REVIEW THE BUDGET AT MID -YEAR TO ASCERTAIN IF THERE WOULD BE A NEED TO AUGMENT THE GRAFFITI ABATEMENT BUDGET. City Attorney Leibold requested clarification that it would be discretionary on a case -by -case basis with staff, or across the board. Council confirmed that it would be case -by -case. City Attorney Leibold reiterated that the Council would evaluate increasing the budget to allow for a more broad interpretation in January. Council confirmed. ORDINANCE NO. 1071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE AMENDING CHAPTER 9.52 OF THE MUNICIPAL CODE PERTAINING TO GRAFFITI AND ESTABLISHING REQUIREMENTS RELATING TO THE STORAGE AND USE OF AEROSOL PAINT CONTAINERS, DYE CONTAINERS, MARKERS, AND TOOLS OR INSTRUMENTS CAPABLE OF INSCRIBING OR ETCHING GLASS, METAL, CONCRETE OR WOOD. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: KELLEY, METZE, PAPE, SCHIFFNER, BRINLEY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE 34. Design Review For An Industrial Project No. 100-01, Located On Chaney Street (APN 377 -160 -015) — Studio Seven. `(F:86.2) Community Development Director Brady explained that the project proposed the construction and design review for a 17,325 square foot industrial tilt -up building, located on Chaney Street near Flint Street. He noted that it would be located directly across from EVMWD Administrative Offices. He further explained that the developer of the site had also submitted an application for a Conditional Use Permit for outdoor storage. He indicated that the Planning Commission had reviewed the project and approved the Conditional Use Permit. He indicated that the Planning Commission recommended that Council approve the Design Review of this project. He noted that the total number of parking spaces required was 29 spaces and the applicant was proposing a total of 40. Community PAGE TEN - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 Development Director Brady noted a correction on Page 11 of the staff report that should show the Warehouse as 13,725 square feet. He stated that the building was being constructed as a "sped' building and does not have a tenant, however they will comply with the M -1 Zoning regulations. He indicated that the awnings proposed for this project were similar in style and color to the adjacent property. Mayor Brinley invited the architect to address Council. Kim Quon, Studio 7 Architecture, 506 W. Graham, complimented staff and expressed his appreciation for their assistance. He stated that he would be available for questions. Councilman Schiffner stated that staff had studied the project and the Planning Commission had reviewed it, therefore he had no further questions. Councilman Metze concurred with Councilman Schiffner. He asked that a Condition be added as 19.a. including the Graffiti Removal Program. He indicated that this would require the applicant to submit a graffiti removal plan to the Community Development Director or his designee for approval. He stated that the condition had been used numerous times on past project and he would like to see this included in future projects. Councilwoman Kelley had no comments. Mayor Pro Tern Pape stated that the correction to the staff report was made and he had no further questions. Mayor Brinley concurred with Councilman Metze regarding the Graffiti Removal Program and had no further questions. MOVED BY METZE, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DESIGN REVIEW FOR INDUSTRIAL PROJECT NO. 100-019 (APN 377 - 160 -015), WITH THE FOLLOWING FINDINGS AND CONDITIONS OF APPROVAL AND AN ADDED CONDITION OF APPROVAL 19 a., ADDRESSING THE GRAFFITI REMOVAL PROGRAM TO BE APPROVED BY THE COMMUNITY DEVELOPMENT DIRECTOR OR HIS DESIGNEE: FindipZs I. The project, as approved, will comply with the goals and objectives of the General Plan and the Zoning District in which the project is located. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 2. The project complies with the design directives contained in Section 17.82.060 and all other applicable provisions of the Municipal Code. 3. Conditions and safeguards pursuant to Section 17.82.070, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the subject project to insure development of the property in accordance with the objectives of this Chapter and the planning district in which the site is located. Planning Division Conditions 1. Design Review approval for Industrial Project No. 100- 1 will lapse and be void unless building permits are issued within one (1) year of City Council approval. The Community Development Director may grant an extension of time of up to one (1) year per extension, prior to the expiration of the initial Design Review approval. Application for a time extension must be submitted to the City of Lake Elsinore one (1) month prior to the expiration date. 2. Conditions of Approval shall be reproduced on page one of building plans submitted to the Building Division Plan Check. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. All site improvements approved with this request shall be constructed as indicated on the approved site plan and elevations. Revisions to approved site plans or building elevations shall be subject to the review of the Community Development Director. All plans submitted for Building Division Plan Check shall conform to the submitted plans as modified by Conditions of Approval, or the Planning Commission /City Council through subsequent action. 4. All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 25. Any material covering the roof equipment shall match the primary wall color. 5. All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall match the architectural style of the building. 6. All loading zones shall be clearly marked with yellow striping and shall meet City Standards for Type `B' loading zones. PAGE TWELVE - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 7. Applicant shall meet ADA (Americans with Disabilities Act) requirements. 8. Outdoor storage areas shall be permitted only in area indicated on the site plan. No materials shall be stored higher than six (6) feet without approval of the Community Development Director or designee. 9. A six -foot (6') block wall shall be constructed to conceal the storage yard as shown on the site plan. Opaque gates shall be constructed at the entrance to the storage area. 10. Trash enclosures shall be constructed per City standards as approved by the Community Development Director. 11. No exterior roof ladders shall be permitted. 12. Applicant shall use roofing materials with Class "A" fire rating. 13. All exterior downspouts shall be painted to match with building exterior color. 14. The Planning Division shall approve the location of any construction trailers utilized during construction. All construction trailers shall require a cash bond processed through the Planning Division. 15. Materials and colors depicted on the plans and materials board shall be used unless modified by the Community Development Director or designee. The applicant shall provide one additional accent color to the colors proposed. This color shall be reviewed and approved by the Community Development Director or designee. 16. On -site surface drainage shall not cross sidewalks. 17. Parking stalls shall be double - striped with four -inch (4 ") lines two feet (2') apart. 18. The Community Development Director or designee shall approve all signs for the project. 19. 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. a. Submit a Graffiti Removal Program to be approved by the Community Development Director or his designee. PAGE THIRTEEN - CITY COUNCIL MINUTES - NOVEMBER 149 2000 Prior To Building /Grading Permits 20. Prior to issuance of any grading permit or building permits, the applicant shall sign and complete an "Acknowledgement of Conditions" form and shall return the executed original to the Planning Division for inclusion in the case records. 21. The applicant shall submit a revised, recorded Assessor Parcel page prior issuance of building permits. 22. Three (3) sets of the Final Landscaping/Irrigation Detail Plan shall be submitted, 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 & Inspection Fee will be charged prior to final landscape approval based on the Consultant's fee plus forty percent (40 %) City fee. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) Applicant shall plant street trees, selected from the City's Street Tree List, a maximum of forty feet (40) apart and at least 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 watering. PAGE FOURTEEN CITY COUNCIL MINUTES - NOVEMBER 14, 2000 h) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. i) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. All 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. 22. Applicant shall comply with the requirements of the Elsinore Valley Municipal Water District. Proof shall be presented to the Chief Building Official prior to issuance of building permits and final approval. 23. Prior to issuance of building permits, applicant shall provide assurance that all required fees to the Lake Elsinore Unified School District have been paid. 24. Prior to issuance of building permits, applicant shall provide assurance that all requirements of the Riverside County Fire Department have been met. 25. Prior to issuance of building permits, applicant shall pay park -in -lieu fee in effect at time of building permit issuance. ENGINEERING CONDITIONS 26. 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. 27. Dedicate a 20 ft. wide strip of additional street right -of -way along the frontage of Chaney St. to the City prior to issuance of building permit. 28. Public right -of -way dedications shall be prepared by the applicant or his agent. Deeds shall be submitted to the Engineering Division for review and approval prior to issuance of building permit. 29. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Res. 85 -26). 30. Applicant shall record lot line adjustment 00 -2 prior to grading permit. PAGE FIFTEEN - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 31. Submit a "Will Serve" letter to the City Engineering Division 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. 32. Construct all public works improvements along Chaney Street & Flint Street 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). 33. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 34. The applicant shall furnish a signing and striping plan for Chaney St. subject to the approval of the City Engineer. 35. Pay all fees and meet requirements of an encroachment permit issued by the Engineering Division for construction of off -site public works improvements (LEMC12.08, Res.83 -78). All fees and requirements for an encroachment permit shall be fulfilled before Certificate of Occupancy. 36. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 1/2" x 11" mylar) shall be submitted to the Engineering Division before final inspection of off -site improvements will be scheduled and approved. 37. The applicant shall obtain all necessary off -site easements for off -site grading from the adjacent property owners prior to grading permit issuance. 38. If grading exceeds 50 cubic yards or the existing flow pattern is substantially modified, grading plans shall be prepared by a Calif. Registered Civil Engineer and approved prior to grading permit issuance. Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 39. 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. 40. Provide fire protection facilities as required in writing by Riverside County Fire. 41. Storm drain inlet facilities shall be appropriately stenciled to prevent illegally dumping in the drain system, the wording and stencil shall be approved by the City Engineer PAGE SIXTEEN - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 42. Provide street lighting, show lighting improvements on street improvement plans, as required by the City Engineer. 43. On -site drainage shall be conveyed to a public facility or accepted by the adjacent property owner of parcel 1 (377 -160 -002) by a letter of drainage acceptance or conveyed to a drainage easement. 44. All natural drainage traversing the site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. If the applicant is draining the site into an underground pipe out letting in the Outlet Channel, then the applicant shall require the approval of Riverside County Flood Control District prior to grading permit. 45. Construction of drainage facilities on property not owned by the applicant would require approval and a drainage easement from the adjacent property prior to grading permit. 46. Roofs should drain to a landscaped area whenever feasible. 47. Meet all requirements of LEMC 15.64 regarding flood hazard regulations. The site is located in a FEMA flood plain and the finished floor elevation must be above an elevation of 1265.5 ft. 48. Applicant will be required to install some type of mechanism in the storm drain catch basins to filter or restrict storm water pollutants from entering the Outlet Channel. 49. All drainage facilities shall be constructed to Riverside County Flood Control District Standards. 50. The applicant to provide FEMA elevation certificates prior to certificate of occupancy. 51. 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. The applicant shall provide a SWPPP for post construction which describes BMP's that will be implemented for vehicle maintenance, out -door storage and debris removal. 52. Contribute $10,930 for the design and construction of one -half of a raised landscaped median along the frontage of Chaney Street. 53. Developer shall contribute $3,000 toward the design and construction of a traffic signal at Chaney St. and Collier Avenue. This development will PAGE SEVENTEEN - CITY COUNCIL MINUTES NOVEMBER 14, 2000 increase traffic at the intersection at least 2 % and should contribute 2 % toward construction. 54. All waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or other phases of the construction shall be disposed of at appropriate recycling centers. The applicant should contract with CR &R Inc. for recycling and storage container services, but the applicant may use the services of another recycling vendor. Another recycling vendor, other than CR &R Inc., cannot charge the applicant for bin rental or solid waste disposal. If the applicant is not using CR &R Inc. for recycling services and the recycling material is either sold or donated to another vendor, the applicant shall supply proof of debris disposal at a recycling center, including verification of tonnage by certified weighmaster tickets. ITEMS REMOVED FROM CONSENT CALENDAR 5. Grant Deed and Statement of Disclosure to the Center for Natural Lands Management for approximately 29 acres of City -owned land within Tract 20705 in the City of Lake Elsinore. (F:132.1) City Manager Watenpaugh introduced this item and provided a brief overview of the agreements in place. He noted that Fish and Wildlife decided that Granite Homes' permits were not valid and required that they dedicate additional land; and explained that in that process the City offered to provide the 29 acres as a trade of mitigation to allow the project to move forward. He stated that the dedication of land to the Center for Natural Land Management allowed the City to transfer 29 acres of dedicated open space, the City was required to maintain in perpetuity, to another non - profit organization that will be required to maintain and keep it open space in perpetuity. He commented that on behalf of the residents of Lake Elsinore, this action transferred the cost of maintenance of that facility to another entity and allowed the developer to move forward. He stated that at this point the issue was a benefit to the City, however the developer also had to put in an additional $120,000 endowment to maintain the property forever, therefore the City relieved itself of a financial burden, which will benefit the City in terms of providing additional residential units and open space for the community. Councilman Schiffner stated that he pulled this item to allow the audience the opportunity to know what it was about. MOVED BY SCHIFFNER, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE MAYOR TO EXECUTE THE GRANT DEED AND STATEMENT OF DISCLOSURE SUBJECT TO FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. PAGE EIGHTEEN - CITY COUNCIL MINUTES - NOVEMBER 14, 2000 6. Special Counsel Regarding Stadium Matters (F:68.1)(X:134.10) City Attorney Leibold explained that Lakeside Sports and Entertainment had breached its lease of the Diamond Stadium; and noted that due to the breach, Council had met in Closed Session and will continue to do so in regard to potential litigation to seek to recover damages the Agency had incurred and would continue to incur. She recommended that the City Council/Redevelopment Agency enter into a Professional Services Agreement with the Law Firm of Pistone and Wolder. She advised that Tom Pistone is an excellent litigator; with expertise in commercial and real estate litigation; and has worked with the City on a very narrow consulting basis thus far. City Attorney Leibold stated that at this point the Council would be authorizing the Professional Services Agreement, however Mr. Pistone would not undertake any services without further Council direction. Chris Hyland, 15191 Wavecrest, stated that she was concerned about filing too many lawsuits. She asked how many companies have their origin from TMC, besides Lakeside Sports Entertainment; how many bankruptcies; how many lawsuits they have; and how many times they have started a company which when it fails, no longer exists. She stated that she has gone to Los Angeles; Sacramento; Orange County and Riverside County and obtained a list of approximately 34 of their subsidiary companies, as well as a list of their lawsuits. She stated that sometime in the future she would be visiting Laguna Niguel to see how many times they have filed bankruptcy. She stated that she had informed Council two years ago that they were going to get the Stadium back and now it is a fact. She indicated that she resented the City wasting her money on lawsuits, that in all fairness the City will loose. She stated that all the lawsuits accomplish is to make lawyers rich on the taxpayers' money. City Attorney Leibold stated that some of the issues raised had been discussed, however with respect to the Stadium Lease, there had been substantial savings to the Redevelopment Agency in having Lakeside Sports Entertainment during the period that they did. She further stated that there was no doubt that an entity entered into a contract not expecting someone to breach, and when they do, it has to be evaluated whether or not damages should be pursued which could be significant or substantial. She explained that the Redevelopment Agency Board had not given absolute direction, however, that would be part of the evaluation. She noted that with regard to the City or the Agency initiating lawsuits, since she had been with the City there had been two lawsuits initiated and the City had prevailed in both. She stated that the other lawsuits have been long standing and have been troublesome to the City and the Agency, however she would not say the City as being fast and loose in initiating lawsuits. PAGE NINETEEN CITY COUNCIL MINUTES - NOVEMBER 14, 2000 MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FEE AGREEMENT FOR SPECIAL COUNSEL REGARDING STADIUM MATTERS. THE CITY COUNCIL MEETING WAS RECESSED AT 8:02 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:06 P.M. PUBLIC COMMENTS — NON - AGENDIZED ITEMS Roma Walus, 214 N. Riley, indicated that she had received a parking citation and stated that she had moved her car during the time the street was swept and still received a citation. She read the letter received from the parking coordinator explaining the no- parking hours and still disagreed with the citation. City Manager Watenpaugh explained that the intent of the Ordinance was to have the cars moved when the street was being swept. He explained that the enforcing agency was to follow the street sweeper and cite any car that was in the area, not to go back and cite after the fact. He asked Ms. Walus to leave the citation the City Clerk and explained that staff would see that the problem was corrected. Dirk Stewart, 16306 Cimarron Road, expressed his opposition to a Raceway in Lake Elsinore. He commented on the amount of noise a raceway generates and stated that he did not feel that this would be a good thing for the City. He noted the amount of noise at the California Raceway and stated that it was built in an industrial area and he felt that would be a more appropriate area. He objected to Lake Street being turned into a four -lane highway and the amount of traffic and problems a raceway would generate. Rick Bosslong, 30 Villa Valtelena, addressed the Landscaping of the Summerhill slope in the back of Tuscany Hills. He noted that Community Development Director Brady informed him that the advertisement for bid had been published and stated that the problem had been ongoing for the last two years and he felt that it should be addressed. He stated that Lake Elsinore has tremendous potential and stated that he felt that the Council had not lived up to their promises. He asked that the City follow through with the project since the money was collected from a bond that was recalled from the developer. He stated that the property owners wish to see progress. Pat Clary, 5 Vista Palermo, concurred with Mr. Bosslong regarding the Summerhill Landscaping. She indicated that she loves Lake Elsinore and asked Council as her representative to follow -up on the landscape project and keep communications open. Debra Crawford, President of the Lake Elsinore Valley Arts Network, announced upcoming events as follows: December Is'- Winterfest, on Main Street; and PAGE TWENTY CITY COUNCIL MINUTES - NOVEMBER 14, 2000 December 3, 9:00 a.m. to 3:00 p.m. - Autumn Festival of the Arts, at the Community Center. Barbara Cady, Friends of the Library, announced the Friends of the Library Meeting on November 16, 2000 at 7:00 p.m. with Mark Dennis as speaker. Bill Tucker, 740 Acacia Street, commented on the GFI Races and stated that they were well organized and the Police did a great job. He further commented on the fishing on Lake Elsinore and stated that there was a need for increased promotion of the Lake; and stated that Whiskers was back. Linda Nanetti, 16293 Cimarron Road, spoke in opposition to the Raceway and noted the traffic congestion that would occur if the Raceway were built. She suggested that homes be built versus the Raceway. She objected to the amount of noise that would be generated by a Raceway; and encouraged everyone in the City to attend meetings and voice their objections. Chris Hyland, 15191 Wavecrest Drive, stated that C.L.E.A.N. was reorganizing and one of their issues would be opposition to the Raceway. She asked that the residents of the City joint C.L.E.A.N. to stop the project. She stated that the Raceway would be a moneymaker for certain people; create noise; reduce home values; and create smog and traffic. She indicated that she approached the City for a copy of the EIR; and noted that Horse Thief Canyon received two copies for free because their Home Owners Association was interested in the project. She stated that she should have received a free copy because of her Committee and that she would get a copy of the EIR and take it to Supervisor Buster. She accused the Council of voting for the phantom in the "Back Room ". She stated that her group would break the monopoly that she felt Council was and noted that she felt that they did that at the Water District. She asked the people who wished to fight the Racetrack call her. George Alongi, 649 Mill Street, commended City Manager Watenpaugh for his action regarding Ms. Walus' problem. He stated that he was back and would not stop working until he sits as Mayor Pro Tem, and then Mayor of the City of Lake Elsinore. He stated he would accomplish what he has always wanted and would restore his family name. He thanked the people in Lake Elsinore and the County who voted for him. He stated that he would be resigning from a lot of organizations and committees to devote the majority of his time to his job on EVMWD. He commented that for all of Council that stated that they wanted to work closely with the Water District, not one of the Council had sent out a letter of congratulations to either Boardmember. He stated that if Council wished to work with someone closely, then differences must be set aside, and reach out to bring the community together. He stated that he would not hold any grudges against the Council for what they did in the past or what they have done when he comes to the podium. He stated that he would work and do what was best for the community PAGE TWENTY- ONE -CITY COUNCIL MINUTES - NOVEMBER 149 2000 and what was best for his District. He stated that he would not be returning to the Council podium for the next four years. Mayor Brinley stated for the record that letters of congratulation had been signed and sent out this date. CITY MANAGER COMMENTS City Manager Watenpaugh commented on the following: 1. Stated that it is always hard for someone to say that they had problems, and the first part was to admit the problem. He indicated that the City does have a problem with graffiti and the City is addressing the issue. He stated that more had been spent than anticipated and the graffiti appeared as soon as it was painted out. He concurred that it was an important issue for the City. 2. Commented that the EIR for the Raceway was just released for review and it would be premature for the Council to comment on it. He noted that there was discussion during Agenda Review to set a Study Session for the end of the month to receive input on behalf of the City, prior to all the comments being submitted to allow the consultant to work on the issues. He stated that the Council, as with other projects, would have to see what mitigations were suggested prior to taking a position on the project. He indicated that the City does not dictate to a private developer what does or does not go into an area, however the City can control the design. 3. Stated that the landscaping at Tuscany Hills has been a long running issue and explained that the Bond Issue was a settlement agreement with the master developer. He noted the number of stumbling blocks and stated that there was now an Agreement with the Home Owners Association to maintain the slopes and now the project had been advertised for bids. 4. Stated that there would be a preview of the City of Lake Elsinore Web Page at the next City Council Meeting. He noted the amount of information that will be available when it comes on -line. 5. Indicated that criticism would go nowhere, however constructive criticism helps the City to grow. 6. Announced that 2001/2002 Community Development Block Grant 27t` Year applications were available. He noted that the organizations wishing to pick up applications could get them through the Community Services Department (909) 674 - 3.124 x265. He advised that the deadline for submitting the applications would be November 30, 2000. PAGE TWENTY- TWO -CITY COUNCIL MINUTES - NOVEMBER 14, 2000 CITY ATTORNEY COMMENTS City Attorney Leibold announced the Closed Session item as listed on the Agenda. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1. Addressed the people who addressed the Council and stated that even through he might disagree with some of the speakers conclusions and may feel that some of the criticism might not be justified; he did want every one of the people who addressed Council to know that he appreciated their comments. He stated that he appreciates their interest in the City and encouraged them to continue. Councilman Metze commented on the following: 1. Stated that he appreciated the comments from Mr. Stewart, Mrs. Walus, Mr. Bosslog, and the others that offered constructive criticism. He stated that he was always willing to listen, however he did criticize the people that only approached Council to complain and then left before they could get their answers. He suggested that if they do nothing positive they will eventually get tuned out. Councilwoman Kelley commented on the following: 1. Congratulated Goat Breker and GFI for the Motorcycle Race last weekend. She stated that the newspaper reported that there were 65,000 people participating throughout the City. 2. Reminded the public about the Unity in the Community Parade which would be held on November 18, 2000. Mayor Pro Tem Pape commented on the following: 1. Encouraged everyone to attend the Winterfest. 2. Addressed the planning of signals at Collier and Central and noted that it is in process. He noted the huge traffic back up at that intersection and asked if from 3:00 p.m. to 6:00 p.m. there was a way that a reserve officer or Community Services Officer could perform traffic control to help reduce the problem. PAGE TWENTY -THREE -CITY COUNCIL MINUTES- NOVEMBER 14, 2000 Mayor Brinley commented on the following: 1. Announced that the Elks Lodge would be sponsoring its Annual Senior Thanksgiving Dinner, at 33700 Mission Trail at 12:00 p.m. or 2:00 p.m. She advised that the meal would be provided free of charge to local Seniors; and thanked the Elks for their efforts for the Seniors each year. 2. Announced the Unity in the Community Parade, Downtown Main Street, Saturday, November 18, 2000, 9:00 a.m. to 11:00 a.m.; and invited the public to attend. 3. Announced the Baja Jet Ski Race, November 18, 2000, 7:00 a.m. to 5:00 p.m. at the City Beach. 4. Announced the Classic Car Show on November 25, 2000, from 3:00 P.M. to 8:00 P.M. 5. Announced Winterfest 2000, Friday, December 1, 2000, from 5:00 P.M. to 9:00 P.M. 6. Announced the City Wide Clean -up, on Saturday, December 16, 2000. 7. Announced the Recycled Art Show, December 1, 2000. 8. Announced the Household Hazardous Waste Collection, on December 2, 2000, from 9:00 a.m. to 2:00 p.m. at 521 North Langstaff. 9. Announced the Senior Center Christmas Boutique Sale, November 17, 2000, from 10:00 a.m. to 1:00 p.m. 10. Noted the amount of time that it took to negotiate the landscaping of slopes at Tuscany Hills. She stated that it had taken a long time, however it was in the works and the project could now come to fruition. She apologized for the length of time that it took. 11. She invited the public to attend the Chamber of Commerce's Economic Development Committee Meetings. 12. Addressed Mr. Stewart's comments, and stated that there had been a lot of changes in the City of Lake Elsinore and noted that when she moved to the City it was necessary to go out of town to do any shopping at all; there was no freeway; there were fewer schools and none as nice as they are today; and there were not many homes to PAGE TWENTY -FOUR -CITY COUNCIL MINUTES - NOVEMBER 14, 2000 choose from, but now there were. She asked Mr. Stewart to give Lake Elsinore time and agreed that Lake Elsinore did have an image to overcome. She noted that the City of Lake Elsinore is a Tale of Two Cities. She explained that Lake Elsinore is a City that boomed in the 20's and then fell off in the 40's and is now experiencing growth again. She stressed that Lake Elsinore has experienced continual transition; and noted that at one time the Lake was dry and there was no recreation, but now there is. She stated that she had spent the last eight years trying to get money for the Lake and now that had been accomplished. She stated that she would personally invite Mr. Stewart to attend the EDC Meetings and learn about the future economic growth and current changes. She stated that she did appreciate his comments and his time and concern for the City. 13. Thanked Mr. Rawlins for taking the time to address Council regarding graffiti. 14. Thanked Ms. Walus for bringing her concerns to the attention of Council. 15. Commented that Council had tried to listen to the concerns of the community and made a diligent effort to address each concern as it arises. She stated that Council would make a concerted effort to make the Stadium work on behalf of the entire community. 16. Addressed the proposed Raceway; and noted that the Council will be studying the EIR and it will take quite a bit of time to evaluate the material provided. She stated that it is the job of Council to find the best solutions for what is best for the community and working together is the only way to find solutions. She stated that solutions are reached through facts and information, not scare tactics. CLOSED SESSION A. CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Initiation of litigation pursuant to subdivision ( c ) of Section 54956.9: (1 potential case). THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:51 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEM. THE CITY COUNCIL MEETING RECONVENED AT 10:36 P.M. WITH NO REPORTABLE ACTION. PAGE TWENTY -FIVE -CITY COUNCIL MINUTES - NOVEMBER 149 2000 ADJOURNMENT MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO ADJ07 THE REGULAR CITY COUNCIL MEETING AT 10:37 P.M. / PAMELA BRINLEY, MAYOR CITY OF LAKE ELSINORE ATTEST: VICKI KASAD, CMC, TY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE I