HomeMy WebLinkAbout07-10-2001 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JiJLY 10, 2001
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The Regular City Council Meeting was called to order by Mayor Schiffner at 5:00
p.m.
PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE,
SCHII~ FNER
ABSENT: COUNCILMEMBERS: METZE
Also present were: City Manager Watenpaugh, Assistant City Manager Best,
City Attorney Leibold, Deputy City Attorney Mann, Assistant City Attorney
Miles, Administrative Services Director Boone, Community Devetopment
Director Brady, Community Services Director Sapp, Information/
Communications Manager Dennis and Deputy City Clerk Bryning.
Mayor Schiffner advised that Councilman Metze's absence from this meeting was
excused due to iilness.
1. CONFERENCE WITH LEGAL COUNSBL--EXISTING LITIGATION
(SubcUvision (a) of Gov-t Code 354956.9) City of Lake Elsinore v. Elsinore
Valley Municipal Water District
(I2iverside Saperior Gourt Case # 35961j
City Attomey Leibold announced the Closed Session discussion item as listed above.
PAGE TWO - CITY COLINCIL MINIJTES - JULY 10, 2001
THE REGULAR CITY COUNCIL MEETIlOTG WAS ADJOiIRNED TO
CLOSED SESSION AT 5:02 P.M., FOR DISCUSSION OF T'HE ABOVE
LISTED ITEM.
~
THE CLOSED SESSION DISCUSSION WAS COMPLETED AT 6:55 P.M.
Mayor Schiffner called to Pubiic Session of the Lake Elsinore City Council Meeting
to order at 7:08 p.m.
The Pledge of Allegiance was led by Fire Chief Gallegos.
The Invocarion was provided by Pastor Chuck Aden, representing Shepard of Life
Lutheran Church.
PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE,
SCHIFFNER
AB5ENT: COUNCILMEMBERS: METZE
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, Fire Chief
Gallegos, Police Lt. Horton, City Engineer O'Donnell, Information/
Communications Manager Dennis and City CIerWHuman Resources Director
Kasad.
PAGE THItEE - CITY COUNCIL MINUTES - JULY 10, 2001
A. Prnclamation $ F.agle ~c~ut $ T~ler (:_ F,isenhaner. (F:122.1)
City Manager Watenpaugh advised that Mr. Eisenhauer could not be present
at this meeting, so his presentation would be rescheduled to a later date.
$. Preaentati~n ~ Rec~anitic~n c~f T:ake F.tcinc~re (~irl~ ~~fthall. (F:56.1)
Mayor Sciuffner dispiayed a piaque from the Amateur Softball Association,
and City Manager Watenpaugh deferred to Team Coach Buchanan for
explanation. Mr. Buchanan advised that the Lake Elsinore Girls Softball
Team was affiliated with the Amateur Softball association and had earned
eligibility to participate in the State Championships in Escondido. He
encouraged public suppart for the-teaan, noting #hat the giris are between nine
and eleve~ years old. He advised that the plaque v~ould be displayed tn the
Snack Bar addition at Tuscany Hills Park. He thanked the citizens of 3;ake
Elsinore and the surrounding area for their suppor~ of the girls softball feam.
C. Pretentati~n R Rncines~ nf the nnarter, (F';70.1)
Assistant City Manager Best introduced Business of the Quarter
representative Clyde Bru~uier, owner of Brookstone Landing. She noted that
he holds several pieces of property in the comrnunity, but this recognition
was specifically for Brookstone Landing. She noted his inveshnent of time,
money and resources in the property to renovate it. She also noted his
participation in tfie potice substation and other community and business
efforts. She presented Mr. Brunner with the Business of the Quarter Plaque
and noted his inclusion on the perpetual plaque which hangs in the lobby of
City Hall.
1Mr. Brunner expressed appreciation for this honor and indicated that he loves
Lake Elsinore. He stressed that it was a good City and many peopie
volunteer many hours to assisf. He indicated that he was celebrating tiis 513`"
PAGE FOUR - CITY COUNCIL MINUTES - JULY 10, 2001
PAGE FOUR - CITY COUNCIL MINUTES - JULY 10, 2001
anniversary in Lake Elsinore and noted his memories of the community and
the Lake. He noted the positive efforts underway in the community and
stressed the positive efforts of the Police Depaxtment. He expressed strong
belief in the community and its future potential, while noting concerns for the
Lake and water quality. He stressed the need for community participation
and involvement and thanked tha Council for this recognition.
D. Preaentatinn $ Certific~ nf A~»nreciati~n. (F:56.1)
Mayar Schiffner called Florence Mowrer forward far recognition. He
detailed Ms. Mowrer's employment and accomplishments in the City of Lake
Elsinore and presented her with a Certificate of Appreciation.
Ms. Mowrer expressed appreciation for the past fourteen years and looked
forward to future contacts with the community. She indicated that lea~ing
the City would be bittersweet as it was an exciting opportunity to advance her
career, but she would miss the community.
None Requested.
The following items were pulled from the Cousent Calendar for separate handling:
Itern Nos. 5 and 7.a.
MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIED BY
UNANiMOUS VOTE OF THOSE PRESENT TO REMOVE ITEM 5 FROM
TAE CONSENT CALENDAR iTNTIL READY FOR F`IJRTHER ACTION;
AND TO CONTINUE ITEM 7.a. TO AUGUST 10~ MEETING.
MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE
PAGE FIVE - CITY COUNCIL MINUTES - JULY 10, 2001
BALANCE OF TAE CONSENT CALENDAR AS PRESENTED.
1. T`he following Minutes were approved:
a. Joint Study Session $ June 26, 2001. (F:44.4)
b. Regular City Council Meeting g June 26, 2001.
2.
3.
Ratified Warrant List for June 29, 2001. (F:12.3)
Adopted Resolution No. 2001-20, authorizing All-Way Stop Sign Controlled
Intersection at Limited Street and Poe Street. (F:162.2)
RESOLUTION NO. 2001-20
4.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, DESIGNATING TAE LOCATION OF CERTAIN
STOP iNTERSECTiONS.
Adopted Resolution No. 2001-21, authorizing a Traffic Signal Intersection at
Chaney Street and Education Way. (F:162.2)
RESOLUTION NO. 2001-21
5
6.
A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF
LAKE
ELSINORE DESIGNATING THE LOCATION OF CERTAIN
SIGNAL INTERSECTIONS.
Defened Settlement AgreementlDevelopment Agreement with TMP for
future action when appropriate. (F:68.1)(X:52.1)
Adopted Resolution No. 2041-22 in Support far H.R. 1985, The Western
Water Enhancement Security Act. (Congressman Calvert) (F:96.1)
RESOLUTION NO. 2001-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PAGE SIX - CITY COiJNCIL MINUTES - JULY 10, 2001
LAKE ELSINORE, CALIFOItNIA, TO SUPPORT H.R. 1985, THE
WESTERN WATER ENHANCEMENT SECURITY ACT, CALVERT
(R-RIVERSIDE, CA)
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7. Approved Public Hearing date of Ju1y 24, 2001, for the following:
b. A request to place delinquent refuse billing on Fiscal Year 2001-2002 Taac
Roll. (F:163.1)
Deferred Public Hearing for the following to August 10, 2001:
a. A Resolution Confirming Placement of Weed Abatement and Nuisance
Abaternent on the Property Tax Roll. (F:166.1)
21, 7nne Chan~ 1~T~ 001-~1 $~tat r RrothPr~/A~icainn Trail Sh~»ning CPnter.
(F:172.2)
Mayar Schiffner opened the public hearing at 7:23 p.m.
Community Development Director Brady explained this request for a zone
change from C-1 and C-2, and detailed the location. He further e~lained
that the request would allow for an expanded number of uses, and rnake it
compatible with the other zoning and general ptan designations in the area.
Mayor Schiffner asked those people interested in this item to speak, There
were no public comments.
There were no Council comments and the public hearing was closed at 7:26
P-m•
MOVED BY PAPE, SECONDED BY KELLEY TO APPROVE ZONE
CHANGE NO. 2001-O1 AND t~iDOPT ORDINANCE NO. 1076 UPON FTRST
READING BY TITLE ONLY, BASED UPON THE PLANNING
COMM1SS10N RECOMMENDATIONS AND TIiE FOLLOWING
PAGE SEVEN - CITY COIJNCIL MINUTES - JULY 10, 2001
FINDINGS:
ORDINANCE N0.1076
AN ORDINANCE OF THE CITY GOUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
NO. 2001-O1 CHANGING THE ZOIVING DESIGNATION OF
PARCELS SPECIFICALLY DESCRIBED AS APN 363-172-007, 009,
010, AND Q12 FROM C-1(NEIGHBORHOOD COMMERCIAL) TO
C-2 (GENERAL COMMERCIAL).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE,
SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCIL,MEMBERS: METZE
ABSTAIN: COUNCILMEMBERS: NONE
Fin~dinus_ _
1. The proposed. zone change will not be: a} detrimental to the health,
safety, comfort or general welfare of the persons residing or working
within the neighborhood of the proposed amendment or within the
City, or b) injurious to properly or improvements in the neighborhood
ar within the City.
2. The proposed action will be consistent with the Goa1s, Objectives, and
Policies of the General Plan and the standazds established in the
Municipal Code.
3. The project will not ha~e a significant impact on the environment.
PAGE EIGHT - CITY COUNCIL MINUTES - JULY 10, 2001
31. T~e gtie: c~f Catjf'ornia C",ities/Vnting l~el~gat~. (F:108.8)
City Manager Watenpaugh expiained this item which related to the League of
California Cities Annual Conference. He advised that the Ciry was required
to appoint a voting member and alternate to represent the City at the annual
business meeting.
MOVED BY PAPE, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT MAYOR
SCHIFFNER AS THE VOTING DELEGATE AND MAYOR PRO TEM
BRINLEY AS TFIE ALTERNATE.
32. Rea~nointment tn j.ake F.tsipore ~~ivanced Pn~ ~tnrage ('~mmittee
~ .LF_AP.S~. (F:164.2)
Mayor Schiffner noted the receipt of a letter of resignation from Donna
Niehouse from this committee dne to other obligations. He thanked Ms.
Niehouse for her efforts and recommended Robert Salchow as a replacement.
MOVED BY SCHIF'FNER, SECONDED BY BRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT ROBERT
SALCHOW TO THE LAKE ELSINOItE ADVANCED PUMP STORAGE
COMNIITTEE.
33. nMC'xRillhoard Revisi~n Rec}l~est. (F:148.1)
City Manager Watenpaugh e~cpiained this item, noting that several years ago
the City Council approved a settlement agreement with several billboard
companies; under which they would be entitled to two additional billboards.
He fwther explained that at a later date they requested the ability to build
only one of the two billboards at a different location, which was also
approved by the Council. He advised that they now want to build
PAGE NINE - CITY COUNCIL MINUTES - JiJLY 10, 2001
two billboards again, with one south of Central and another with the location
yetto be determined.
Councilman Pape questioned the site which had not yet been determined.
City Manager Watenpaugh confirmed that one site had not yet been
designated.
Mayor Pro Tem Brinley commented that there was also the issue of a bill for
$18,000, which the company had forgotten to pay. City Manager
Watenpaugh confirmed and indicated that payment would be required before
any billboards were installed. Mayor Pro Tem Brinley expressed concern
based on the pending bill and the undesignated site. She questioned if the
City would want to allow two signs. Councilman Pape indicated that since it
previously went from two to one, he was not sure it was in the Ciry's best
interest.
Mayor Schiffner suggested approving one designated sign, with the
stipulation that there would be no permit until the back bill was paid.
Councilwoman Kelley concurred and questioned why the Ciry would want to
allow a second billboard; and concurred with the stipulation as stated by the
Mayor.
City Manager Watenpaugtx clarified that the company would be billed with or
without a request for pernut. City Attorney Leibold commented that this was
a request for an additional amendment to the settlement; and noted that the
most recent action was for a site specific location. She indicated that the
Council had a choice to reject the request in its entirety until additional
information was provided, or allow only one sign.
Mayor Schiffner questioned the ability to withhold pernuts until the past bill
was paid. City Attorney Leibold questioned staff s preference. City
Manager Watenpaugh clarified that.the previously approved site was on the
northeast corner of T-15 and Central, and they were now requesting one on
the south side, east of Douglas Burgers.
PAGE TEN - CITY COiTNCIL MINUTES - J[JLY 10, 2001
MOVED BY PAPE, SECONDEB BY SRINLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ALLOW ONLY ONE
SIGN, THEIR CHOICE OF THE TWO PREVIOUSLY DISCUSSED
LOCATIONS, WITH THE STII'ULATION THAT THE PAST FEES ARE
PAIA
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 7:35
P.M.
THE CITY COUNCIL MEETING RECONVENED AT 7:38 P.M.
Chris Hyland, 15181 Wa~ecrest, indicated that she had not planned on speaking
until after the Board of Supervisors meeting, but when she arrived home she saw
men pulling out the shrubs around her tract, which were replaced a year or two ago.
She indicated that she drove down the street and inquired about the removal and
was told that the plants were dead because the water had been turned off. She
reiterated that her tract had always paid the highest LLMD fees, until Tuscany
Hills; and demanded that the plants be replaced immediately. She also noted that a
City truck had been meandering through her tract to see what they were doing. She
requested that the water situation be investigated as soon as possible.
Daryl Hickman, 19 Corte Madera, thanked City Manager Watenpaugh for taking
care of the weeds on Railroad Canyon, but indicated that he would like to see the
project completed. He addressed the Ciry Attorney regarding statements about the
water contract and quoted page 12 of a contract, suggesting that the contract
superseded all else. He suggested that the taxpayers had not been provided the
truth they deserve.
Gil Rasmussen, representing Elsinore Magazine.com, chastised the City Council for
allowing deaths to occur on the Lake. He stressed that the Council failed to
prevent the drownings. He suggested that the palm trees were quickly protected,
but sa~ing lives had not been addressed. He further suggested that this issue
represented a moral failure and criminal conduct, and indicated that the beach
PAGE ELEVEN - CITY COUNCIL MINUTES -'JULY 10, 2001
should have been closed earlier. He advised that Eisinore Magazine would be
suggesting that the Riverside County Grand Juuy invesrigate, prosecute and indict
the Council for the deaths. He indicated that it would be morally appropriate far the
Council to resign as an act of contrition for their failure to prevent the deaths.
CTTY MANA~FR CnMMF.NT4
City Manager Watenpaugh indicated that staff would look at the landscaping issue
and report back; as he was not aware of the City shutting off water. He concurred
that Railroad Canyon Road was a frustration for the City as well and expressed
appreciation for the positive comments.
City Attorney Leibold commented on the following:
1) Addressed the Fill and Operate Agreement and indicated that she
would stand behind her previous statements, as there was a very clear
and distinct difference between waYer rights and the operation of the
Lake. She stressed that they were two very distinct areas, and she had
not intended to mislead the public and had not misied the public or Mr.
Hickman. She further stressed the different scopes of the two
agreements:
2) Addressed the recent drov~ming, noting that they are a11 tragic, but the
picture heing painted was very graphic and shameful. She indicated
that the City had responded in every reasonable way to post signs and
warnings and buoys identifying dangers; however the warnings were
ignored. She further indicated that the City had closed the beach and
the suggestion of criminal conduct was absolutely shameful. She
commented that she was embarrassed that such statements would be
made.
Mayor Pro Tem Brinley commented on the foliowing:
PAGE TWELVE - CITY COUNCIL MINUTES - JULY 10, 2001
1) Expressed concern with comments made at public meetings to further
personal agendas.
2) Announced the EDC Lunch for July 12~' and detailed the time,
location and topic for discussion.
3) Congratulated the Chamber ot' Commerce racing team on their win in
the Ronald McDonald Mini-Grand Prix in San Bernardina
4) Noted the success of the July 4th program at the Stadium which drew
over 7,000 people to view the fireworks.
5) Indicated that the RTA was looking at the current routes for possible
additions and quicker turn-arounds, as well as benches and shelters.
She noted that the improvements should be in place in the next two
months.
6) Thanked Donna Niehouse for her activities and participation in the
Community; and stressed the community support provided by Paul and
Donna Niehouse. She indicated that their business was an asset to the
community and it was a shame that people chose to talce potshots at
people like this. She expressed a debt of gratitude to Paui and Donna.
Councilwoman Kelley cammented on the following:
1) Commended staff on the new listing of capital improvements in the
Press Enterprise and The Californian, noting that it was a great way to
provide updates to the community.
2) Requested a Study Session on the Dangermond Park Study, and
indicated that the Study appeared to be of lugh quality and very
complete.
3) Concurred with the City Attorney's comments on the droaming.
PAGE THIRTEEN - CITY COUNCIL NIINUTES - JULY 10, 2001
Councilman Pape had no comments.
City Attorney Leibold announced that the Closed Session discussion for the City
Council had yielded no reportable action.
Mayor Schiffner commented on the following:
1) Noted the County Supervisors efforts to redistrict, and indicated that
he had attended the first hearing which was held this date and spoke
briefly. He noted that a portion of Tuscany Hills was in another
district, which he had requested be corrected. He indicated that there
were considerable changes proposed in other cities, but most did not
impact the City. He advised that the Supervisors were aware of the
City's request and he had no reason to believe they would not make the
change.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADJOURN THE
REGULAR CITY COUNCIL MEETING AT 7:55 P.M.
~~
ROBERT L. SCfIIFFNER, MAYOR
CITY OF LAKE ELSINORE
ATTEST:
, .-'
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' : ~ AD, CMC, CITY CLERK/
liUlY~AN RESOURCES DIltECTOR
CITY OF LAKE ELSINORE