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HomeMy WebLinkAbout07-26-1999 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA MONDAY, JULY 26, 1999 ****************************************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Kelley at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Schiffner. INVOCATION The Invocation was provided by Associate Pastor Bob Roche, representing First Assembly of God Church. ROLL CALL PRESENT: COUNCILMEMBERS: BRINLEY, METZE, PAPE, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBERS: NONE Also present were: Assistant City Manager Best, Legal Counsel Leibold, Community Development Director Brady, Community Services Director Sapp, Police Chief Walsh, City Engineer O'Donnell, Public Works Manager Payne, Finance Manager Magee, and City Clerk Kasad. PRESENTATIONS None. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item Nos. 4 & 22. CONSENT CALENDAR ITEMS The following item was pulled from the Consent Calendar for further discussion and consideration: Item No.4 PAGE TWO - CITY COUNCIL MINUTES - JULY 26, 1999 MOVED BY METZE, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: - a. Regular City Council Meeting - July 13, 1999. (F:44.4) 2. Ratified Warrant List for July 15, 1999. (F:12.3) 3. Awarded Contract for 1999/2000 Slurry Seal Project to Asphalt Maintenance Company in the amount of$98,155.60. (F:156.1) PUBLIC HEARINGS 21. CR & R Inc. Request to Put Refuse Billing on Fiscal Year 1999-2000 Tax Roll- Resolution No. 99-42. (F:163.1)(X:68.1) Assistant City Manager Best explained this item. David Fahrion, President of CR & R, explained this process with regard to delinquent accounts within the City. He advised that they started this year's process by sending out 380 notices and a couple of hundred people cleaned up their bills. He noted that to be delinquent a homeowner must owe more than one quarter of service to have the bills assessed on the property tax rolls. He indicated that there are only 147 new delinquent accounts this year; and clarified that the refuse bills are the same whether they are mailed out or listed on the tax rolls. - Mayor Kelley opened the public hearing at 7 :06 p.m. asking those persons interested in this item to speak. Jim Parker, 4126 Crestview Drive, noted that he has lived in his home since July of 1990. He explained that he had just had an experience with CR & R, of which the Council is aware. He indicated that he had a tenant in a home in Laurel point who had transferred their service account and made regular payments until they had trouble with a credit repair service. He indicated that he received his 1997 tax bill with a $200.76 assessment for refuse collection; and he had not received a call from CR & R, a courtesy letter, or information from City Hall. He indicated that ifhe had known of the delinquency he would have paid the bill. He noted that he went to City Hall to meet with a Councilmember, but none were available, so he was _ referred to Assistant City Manager Best who did some investigation on the situation. He indicated that the situation has been a nine month nightmare. He expressed concern that the Council was not aware of the difficulty in getting something off the tax rolls. He explained his contact with the Tax Collector and indicated that by May of this year he had still not received satisfaction. He expressed concern with having another company collect for the City and requested fair and equal treatment for all. He suggested PAGE THREE - CITY COUNCIL MINUTES - JULY 26, 1999 that this Resolution should be rescinded; and noted the potential need for this matter to go for a vote of the people. Hearing no additional requests to speak, the public hearing was closed at 7:14 p.m. Councilwoman Brinley requested that Mr. Fahrion address some of Mr. Parker's concerns. Mr. Fahrion indicated that he had with him a copy of the tax roll for transmittal to the County and the address mentioned by Mr. Parker was not included on that list. He further indicated that Mr. Parker was re'funded his money when the problem was identified. Councilwoman Brinley requested an explanation of why this process was originally initiated, noting the large number of delinquent accounts. Mr. Fahrion advised that CR & R initiated this process at the request of the Council. He further advised that they sign the property owners up for service because the property owner is ultimately responsible. He indicated that they previously experienced a 20% delinquency rate and they do not have the option of not collecting the trash; as Council requested that the trash be collected every week. Councilwoman Brinley noted the number of complaints previously received from the neighbors of people who did not pay their bills. Mr. Fahrion reiterated that they now pick up all trash and stressed this year's compliance level, with only 147 people remaining on the list. He stressed that fees are incurred for a full year before liens are placed. He noted that a number of residents have requested that their bills be placed on the tax roll for ease of payment. Councilwoman Brinley suggested that Mr. Fahrion meet with Mr. Parker to explain issues and give him reassurance that he is taken care of; and expressed understanding of the frustration caused by trying to resolve a situation such as this. Councilman Schiffner sympathized with the situation of Mr. Parker, but indicated that he is in favor of putting the bills on the tax rolls. He reiterated that the City has requested that the service continue whether the bills are paid or not. He indicated that he thinks it is a shame that so many people will dodge their bills as long as possible or leave the property owner with the bill. He stressed that it is not fair for the provider to provide the service and not collect for it. Councilman Pape commented that this is generally a housekeeping item, and noted that it is really a public safety issued. He stressed the magnitude of having 20% of the homes in the community not paying for their trash service; and noted the problems encountered in the past. He stressed the importance of requiring collection at every location to avoid problems; and explained the need to assure that the provider is compensated for their services. He further stressed that this action only applied to people who don't pay their trash bills for over a year. He noted that tenants will skip out on their bills and that is part of the hazard of being a land lord. He stressed the benefits for the community as a whole, to ensure that trash is collected. PAGE FOUR - CITY COUNCIL MINUTES - JULY 26, 1999 Mayor Pro Tern Metze concurred with the Council and noted that there are more problems when trash is not picked up than there is currently. Councilman Pape reiterated that there is no penalty for having it on the tax rolls. Councilman Schiffner noted that the only other option would be to raise the prices for everyone else. Mayor Kelley commented that residents - can request that their bills be added to the tax roll. She requested that Mr. Fahrion meet with Mr. Parker for clarification. MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION NO. 99-42 PLACING ALL 120 DAY DELINQUENT RESIDENTIAL ACCOUNTS AS OF JULY 1, 1999 ON THE PROPERTY TAX ROLLS AND AUTHORIZE NECESSARY PAPERWORK. RESOLUTION NO. 99-42 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, AFFIRMING THE REPORT OF DELINQUENT RESIDENTIAL REFUSE FEES AND DIRECTING THEIR COLLECTION ON THE PROPERTY TAX ROLLS. 22. Liberty Specific Plan Amendment No.2. General Plan Amendment No.2. General Plan Amendment No. 98-4. "A" Tentative Tract Map No. 28766. and Subsequent Mitigated Negative Declaration No. 99-3 (Liberty Founders. c/o Town Group. Inc.) - Resolution Nos. 99-43 - 99-45 and Ordinance No. 1052. (F:150.2) - Mayor Kelley noted that a letter was received from the applicant requesting continuance to August 10th. She further noted that there were a number of requests to speak on this item and offered them the option of speaking under Public Comments; however noted that their comments would not be part of the public hearing record for the item, as the hearing would not be opened. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM TO AUGUST 10, 1999. ITEM PULLED FROM THE CONSENT CALENDAR 4. Boat Storage in Flood Plain at 17937 Lakeshore Drive. (F:32.1) Councilwoman Brinley indicated that she requested that this item be pulled. Assistant City Manager Best explained that several issues arose after - posting of the agenda, and suggested that continuance might be appropriate. Councilwoman Brinley noted that she had some issues she would like to have reviewed. Terry Thielen, property owner, explained the location of his property and requested the use of the property for a boat storage facility for his personal boat. He noted the proposed plan which has been reviewed by City staff. PAGE FIVE - CITY COUNCIL MINUTES - JULY 26, 1999 He indicated that it would not be an eyesore and requested Council approval. - Councilwoman Brinley noted her concerns were the flood plain issues, potential environmental issues, etc. City Attorney Leibold noted that there are a number of issues which need to be coordinated with Planning and Engineering, such as elevations, flood plain and environmental issues. She noted that the need for continuance was due to a lack of time to address the issues in time for this meeting. Councilwoman Brinley stressed that she was only concerned with seeing that all of the issues are addressed. Councilman Pape inquired if staff could handle the final approval with preliminary approval by the Council. Councilman Schiffner noted that there might be liability issues. City Attorney Leibold clarified the types of issues which would need to be reviewed. Councilman Pape questioned how long it would take. Councilwoman Brinley suggested that the issues could be addressed by the next meeting. City Attorney Leibold concurred. Councilman Pape inquired if it would be a hardship for the applicant to wait two weeks. Mr. Thielen indicated that the continuance would not be a hardship. Mayor Pro Tem Metze noted his concern with getting the necessary answers prior to approval, but commented that he would support this request. Councilman Schiffner indicated that he was not opposed to this request and is very aware of the property involved; he stressed his interest in protecting everyone concerned. Councilman Pape indicated that he conceptually had no problems with the request. MOVED BY BRINLEY, SECONDED BY P APE TO CONTINUE THIS ITEM TO AUGUST 10, 1999. Mayor Kelley noted her concerns on legal issues and indicated that the staff would review them. She indicated that if it was not a hardship, she would appreciate the time. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING WAS RECESSED AT 7:36 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:43 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Peter Dawson, 18010 Grand Avenue, noted that this was the first time he had heard that Public Comments were not part of the public record. City Attorney Leibold clarified that Public Comments are part of the meeting minutes, but they would not be part of the Public Hearing record. Mr. Dawson noted his comments from the last meeting which indicated that the Eastlake project was flawed, as it does not provide for long term storage of water. He indicated that his proposed concept is not new, but made up of several past proposals. He suggested that dredging of the Lake could make up for the loss of long term storage; suggesting that due to the cost, Eastlake should dredge the lake to obtain the additional PAGE SIX - CITY COUNCIL MINUTES - JULY 26, 1999 material they would need. He stressed the potential benefits for the Lake; suggesting an island in the middle of the Lake and more land on the north shore for development of recreation, etc. Alex Mutch, 15700 Lake Terrace Drive, indicated that they own an acre of land - near the Burger King on Diamond Drive. He further indicated that they were not notified of the changes in zoning to their property; and they have been planning to develop it for 15 years. He suggested that making Diamond Drive a major "';( roadway would be a major mistake; and questioned the plan for the road. He further questioned where the pi~Jnonc;1 Stfldiul:11 event traffic would go. He expressed concern with the inherent problems of alleys, noting that it is a nightmare for police, fire and ambulances. He suggested that the Planning Commission had been influenced by the Liberty Group; and noted that the Liberty Group does not live in the community or care about it. He indicated that the sensible action would be to vote no on the project. He suggested that Diamond Drive be improved as a four lane road, noting that a good configuration would be like Grand Avenue near the Northshore development, including vines on the block walls to prevent graffiti. He encouraged the Council not to give in to outsiders who are only interested in the bottom line. He indicated that he would also be present at the hearing on August 10th. Robert Chapman, P. O. Box 431, Bass Lake, indicated that this was his second trip to Lake Elsinore to discuss the ~iberty Group project, and both times it was cancelled. He explained that he has owned a trailer park on the other side of the Lake since 1989. He detailed the impacts of the Liberty Project on his property over that period of time and indicated that he had his property sold for a million, fifty dollars, but the property got down-zoned. He indicated that he wants his property rezoned to what it was previously, at City expense. He expressed his displeasure with the Liberty Group and suggested that other who deal with them get their money up front. He requested that he be out of the City or rezoned to the previous zoning. He noted that he can't borrow on the property or sell it, because it is now zoned open space. He indicated that he has not received return calls from the City Attorney and noted that he wants the town to be aware. - Chris Hyland, 15191 Wavecrest Drive, expressed hopes that a rumor that a well known consultant is interviewing candidates and suggesting support by the developers is not true. She indicated that the Liberty/Town Group is a fa<;ade, and cautioned the public about being fooled. She presented a copy of the brochure provided by the Town Group to County residents and stressed that the taxpayers should be careful. Dick Knapp, City Treasurer, indicated that he has been trying for 7 months to get a - project done on Machado Street between Machado School and Broadway Street and Community Services Director Sapp keeps telling him next month. He indicated that he is tired of it and will hit the City Manager with it when he returns from vacation. He noted that it took six months to get a tree cut down on the south side of Machado and indicated that the road is currently very dangerous, so he will put pressure on someone. He also noted that he is hearing funny rumors about the funding for the TMC group and he doesn't like what he is hearing. He PAGE SEVEN - CITY COUNCIL MINUTES - JULY 26, 1999 suggested that as City Treasurer he should have some figures on what the Liberty Project will cost; suggesting that it will require a bond issue or CFD, and he is hearing a quarter to one-half billion or more dollars. He indicated that he doesn't even know if they have a bank account, because no one has checked on them. Karen Newman, 41809 Hutchison Court, indicated that she was representing people with developmental disabilities and detailed her proposed Social Recreation Program for developmentally disabled adults. She noted that most of these adults are working an average of30 hours a week, but after work have limited social activities. She noted the proposal previously sent to the Council and requested the Council's review and comments. She further requested any support the Council could offer to start the program in the Community. She noted their need for a meeting room, staffing and assistance; and explained that they would hope to offer the program in the communities of Lake Elsinore, Temecula and Murrieta. She indicated that they are currently working with the County Office of Education to assess the number of disabled residents. Rebecca English, 32868 Mesa Drive, noted that she likes dancing, parties and socializing with good friends and requested the Council's support of the proposed program. CITY MANAGER COMMENTS No Comments. CITY ATTORNEY COMMENTS City Attorney Leibold commented that in late 1997 she did receive a call from Mr. Chapman and he indicated he would send some materials for review. She indicated that she did not receive any materials from him, but she would be happy to discuss the issues with him. COMMITTEE REPORTS No Reports. CITY COUNCIL COMMENTS Councilman Schiffner commented on the following: 1) Indicated that he would like to see City staff meet with the representatives regarding the developmentally disabled program. He suggested that they might find several people in the area; and he would like to know what the City could do to assist. Councilman Pape commented on the following: PAGE EIGHT - CITY COUNCIL MINUTES - JULY 26,1999 1) Indicated that he had not had an opportunity to see the brochure by the Town Group, and commented that it sounds like they are trying to keep the public informed. He expressed curiosity at how he was quoted and requested an opportunity to review it. 2) Noted that he read the letter from Mrs. Newman and discussed it with staff for possible ways to assist. He indicated that he thought about the possibility of them using the Senior Center at night; noting that it has kitchen facilities, pool tables, a big screen television, etc. He indicated that it would be important to look at the demand for use of the facility, and suggested it would be helpful to know what their facility needs are. He suggested getting together for further discussion of their needs. - Councilwoman Brinley commented on the following: 1) Noted the Saturday Night Cruise night, downtown with the classic and antique cars. She indicated that there was a great crowd and it was a very nice experience. She further indicated that there was a gentleman singing at Java Junction who was quite good; and overall it was a very pleasant evening for everyone. 2) Noted that there has been a lot of questions about the Elsinore Princess and they are looking to have it in the lake very soon. She further noted that they are doing the bottom of the boat and waiting for the engines. She noted the entertainment that will be presented on the boat. - 3) Noted the CAP Conference and indicated that she had the honor of presenting the R T A transportation program. She further indicated that it went extremely well and Susan Hafner ofRTA received several letters of interest in the program. She noted that there was nearly 200 people in attendance and it was a great experience. 4) Addressed Miss English and noted that it is difficult to speak before the public at any time; and indicated that she did a wonderful job this evening. She further indicated that she would look into their request. 5) Noted the bar-be-que held at Yarborough Park and sponsored by the NAACP; and apologized for not being able to attend. She indicated that she heard it was a great success, and there was a lot of great food. Councilman Metze commented on the following: - 1) Addressed Ms. Newman and Ms. English and concurred with the other Councilmembers that the request should be pursued further. He stressed the need for additional information on the needs of a program of this type; but expressed support for the concept. PAGE NINE - CITY COUNCIL MINUTES - JULY 26, 1999 2) Requested that City Attorney Leibold keep him informed on Mr. Chapman's situation. He noted that Mr. Chapman did have a long drive to attend this meeting, but explained that the environmental process had been extended, causing the need for the hearing to be put off. He clarified that the Liberty project had an approved agreement in 1993 and the specific plan and development agreements were approved at that time. He further clarified that this is a request to amend the previously approved plan and the developer is only trying to improve the project. He noted that technically the project could move forward based on the approval they already have, with no additional Council action. He further noted that if Council were to rej ect this amendment the developer could go back and construct based on the prior approvals. 3) Encouraged community participation and enjoyment of the ZZ Top Concert on July 27th. Mayor Kelley commented on the following: 1) Noted that she received the proposal from Ms. Newman and assured her that staff would look into the feasibility. 2) Noted the ZZ Top Concert scheduled at the Diamond. 3) Advised that the Elsinore Valley Arts Network would be bringing the Riverside Philharmonic to Lake Elsinore on September 18th at 7 p.m. and encouraged residents to bring a blanket and picnic to enjoy the concert. She noted that they would not allow people to bring chairs or alcohol to the event. 4) Announced the Elsinore Valley Arts Network, forties style Swing Dance scheduled for Friday, July 30th at Temescal Canyon High School. 5) Announced the Historical Society, Fireman's Picnic in City Park on August 7th. 6) Reiterated Mayor Pro Tern Metze's comments regarding the Liberty development and clarified that they had requested a continuance, but their project was already approved in 1993. She reiterated that they could develop their original proposal if the amendments are declined by the Council. She further clarified that if people want their comments included as part of the public hearing record they should return to attend the meeting on August 10th or submit their comments in writing. PAGE TEN - CITY COUNCIL MINUTES - JULY 26, 1999 CLOSED SESSION a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) - Timothy Fleming vs. City of Lake Elsinore, et al. - Riverside Superior Court Case #328469. - b. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) - City of Lake Elsinore vs. Lytle Creek Partners - Riverside Superior Court Case #213965 and Harvey et al vs. EVMWD - Riverside Superior Court Case #215768 consolidated with Koliber vs. EVMWD - Riverside Superior Court Case #217976. c. CONFERENCE WITH REAL PROPERTY NEGOTIATOR Property: Approximately 1/2 acre adjacent to Wasson Canyon Outlet- Parcel #377-180-038. Negotiating Parties: City of Lake Elsinore & Eastern Municipal Water District. Under Negotiation: Both price and terms of payment. d. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Lake Elsinore Recreation Area vs. City of Lake Elsinore, et. al. - Case No. 302435. - City Attorney Leibold announced that there would be Closed Session discussion of only items c and d as listed above; and the discussion of items a and b would not be necessary. THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:14 P.M. FOR DISCUSSION OF ITEMS C AND D AS LISTED ABOVE. THE CITY COUNCIL MEETING RECONVENED AT 8:55 P.M. WITH THE FOLLOWING REPORTABLE ACTION: REGARDING ITEM "C", THE CITY COUNCIL GAVE DIRECTION WITH RESPECT TO PRICE AND TERMS. PURSUANT TO G.C. SECTION 54957.1 (a)(I)(B); WITH THE FINAL AGREEMENT AVAILABLE UPON COMPLETION. REGARDING ITEM "D", STAFF PROVIDED A STATUS REPORT ON THE LAKE ELSINORE RECREATION AREA LITIGATION. ADJOURNMENT . MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY PAGE ELEVEN - CITY COUNCIL MINUTES - JULY 26, 1999 UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 9:56 P.M. Ifrl~ST:.. . iJt 11 : ~ VlCKJ J(.~ITY CLERK CITY-OF LAKE ELSINORE NIE KELLEY, MAY CITY OF LAKE ELSINORE