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HomeMy WebLinkAbout11-10-1998 City Council Minutesfi MINUTES r REGULAR CITY COUNCILNEETING CITY OF LAKE ELSINORE ' i83 NORTH MAINSTREET LAKE ELSINORE, CALIFORNIA TUESDAY, NOVEMBER 10, 1998 ....... TO ORDER ............. CALL ...................... ............................... The Regular City Council Meeting was called to order by Mayor Pape at 7:04 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Metze. ROLL CALL PRESENT: COUNCILMEMBERS ABSENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NONE Also present were: Executive Director Watenpaugh, Legal Counsel Leibold, Administrative Services Director Boone, Community Development Director Brady, City Engineer O'Donnell, Assistant to the City Manager Best, Public Services Director Sapp, Fire Chief Seabert, Police Chief Walsh, and Deputy City Clerk Bryning. PUBLIC COMMENTS — AGENDIZED ITEMS Requests were received to address item No.'s 4 and 32 of this agenda and deferred to that discussion. CONSENT CALENDAR MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REMAINDER OF THE CONSENT CALENDAR WITH METZE ABSTAINING ON TIME "1a". 1. The following Minutes were approved: a. Regular City Council Meeting — September 22, 1998. b. Regular City Council Meeting — October 13, 1998. (F:44.4) 2. Ratified Warrant List for October 29, 1998. (F:12.3) 3. Received and filed monthly report on State C.O.P.S. Grant. (F:84.8) PAGE TWO — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Approved Amendment to the City's Conflict of Interest Code to Revise the List of Designated Employees by Resolution No. 98 -39 as follows: RESOLUTION NO. 98-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY O F LAKE ELSINORE, CALIFORNIA, AMENDING THE CITY'S CONFLICT OF INTEREST CODE IN ORDER TO REVISE THE LIST OF DESIGNATED EMPLOYEES. (F:116.5) 31'. Second Reading — Ordinance No. 1040 — Zone Change No. 98 -4. (F:172.2) City Manager Watenpaugh gave an overview of the Zone Change and it's location. MOVED BY BRINLEY, SECONDED BY KELELY TO ADOPT ORDINANCE NO. 1040 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1040 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CHANGING THE ZONING OF 6.26 GROSS ACRES ALONG FRANKLIN STREET (BANKROFT) AND CASINO DRIVE FROM R -1 (SINGLE — FAMILY RESIDENTIAL ZONING) TO C -2 (GENERAL COMMERCIAL) — ZONE CHANGE 98 -4 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, METZE, PAPE NOS: COUNCILMEMBERS: ALONGI 32. Second Reading — Ordinance No. 1041 — La Laguna Specific Plan. (17:150.2) Mayor Pape called upon the person who requested to speak. Mr. Gene Frick, 17205 Monterey Road, stated that he was unable to address this issue at the first reading and wished to state his opposition to the development because it represents "sprawl development" which have high impact on wild areas. He noted that the City would not be able to supply services, which is a continuing trend in the City of Lake PAGE THREE - CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Elsinore area. He noted that he responded to the EIR in writing and stated that he should receive a written response within 10 days of the certification of the EIR. He commented that in his letter he recommended that the City should redo the EIR, since it was done in 1991 and a lot has changed since then. He further noted the inability of the City to build and staff a fire station and supply emergency response in a timely manner. He explained that an EIR must state the current circumstances, and this EIR does not. Mr. Frick stated that the development is in a high -risk fire area and according to CEQA rules this problem must be mitigated. He recommended that Council take another good hard look at this project and examine the ability of the City to provide services, especially safety and the ability to address emergency situations. Mayor Pape noted that at the last meeting, Council spent well over an hour addressing the issues stated by Mr. Frick. City Attorney Leibold noted that the final EIR does include response to comments that were received during the comment period. She explained that the EIR was certified at the last meeting by resolution and tonight the only action before the City Council is the ordinance adopting the Specific Plan. MOVED BY BRINLEY, SECONDED BY KELLEY TO ADOPT ORDINANCE NO. 1041 UPON SECOND READING BY TITLE ONLY. ORDINANCE NO. 1041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ADOPTING THE LA LAGUNA ESTATES SPECIFIC PLAN. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOS: COUNCILMEMBERS: NONE ITEM PULLED FROM THE CONSENT CALENDAR 4. Capital Project Revision. (F:30.3)(X:156.2) City Manager Watenpaugh noted that this item is being presented as a housekeeping item. He indicated that this was an approved budget item and were not included in the resolution. He explained that it was PAGE FOUR — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 an oversight and that the items listed needed to be addressed to create a proper paper trail for the Auditors. He explained that on the Capital Projects list, includes all the items listed and were approved with the budget. He gave an overview of each of the projects and their funding. Chris Hyland, 15191 Wavecrest Drive, noted that when she read the paper she was shocked to see that the City had found extra money tc fund these unnecessary projects. She stated her objections to the expenditure of the funds and noted the many needs of the City. She asked where the money was found to do the listed project. She questioned the source of money to increase staff's pay. Dick Knapp, City Treasurer, questioned the use of palm trees in the median on Railroad Canyon Road. He noted the size of the median and the size of the trees. He stated that there would not be proper planting room for the palms and could present a danger because of loss of visibility. He stated that the palms will block the light from the lampposts and asked how much this project will cost. He suggested the use of low profile shrubbery. MOVED BY BRINLEY, SECONDED BY METZE TO APPROVE CAPITAL PROJECT REVISION. City Manager Watenpaugh stated that there are no secret funds and that the money for the listed Capital Improvement Projects was a budgeted item and the money cannot be used for services. He addressed the palm trees and noted that if any of the palms are too large and create a hazard, they will not be used. He noted that none of the trees that are being located will be coming from private property and a list of what trees are to be used will be provided for City Treasurer Knapp. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. THE CITY COUNCIL MEETING RECESSED AT 7:22 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:23 P.M. PUBLIC COMMENTS — NON AGENDIZED ITEMS Beverly Mumphrey, HOPE, 16430 Monterey Street, presented a quilt to the Lake Elsinore Historical Society who won the quilt in a raffle. She noted the amount of work and effort that was invested in this quilt and thanked everyone that worked on it. The quilt was displayed which showed several historical scenes in the community. PAGE FIVE — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Donna Morran, Lake Elsinore Historical Society, thanked H.O.P.E. for their efforts and stated that the quilt will be displayed at the Annual Lake Elsinore Historical Society Fashion Show. She thanked the City Council and staff. She expressed a special thanks to Teri Edelbrock for all her help and consideration. Chris Hyland, 15191 Wavecrest Drive, noted an article in the newspaper regarding a lawsuit against Cleveland Ridge Community of Interest and Meadowbrook. She stated that they are not opposed to growth, but rather they are opposed to being a part of the City. She stated that the $40,000 expended on the lawsuit is a waste of the taxpayer's money. She suggested that the Mayor revise his opinions and comments regarding this issue. Don Foster, 29256 Northpointe, stated that he and his wife watch every City Council Meeting to keep up with the business of the City. He stated that week after week he has watched Ms. Hyland berate the City and Council about everything. He noted the recent comments about the Lake Elsinore Lighting and Landscaping and stated that he felt that he should respond to the rest of the citizens of the City. He noted that the City is not responsible for landscaping on residential streets, however the City is responsible for the major corridors through neighborhoods which are landscaped by developers. He indicated that he and his wife feel that the City is doing a fine job and it is worth the money to keep the community beautiful. He noted the landscaping on Grand Avenue and other sites around the City. He mentioned a problem with landscaping that he called into Public Works and noted their honest response and attention to the problem. He stated his appreciation of staff and their efforts. Dick Knapp, City Treasurer, commented on the landscaping and stated that Public Works has been repairing sprinklers on Grand Avenue. He questioned the median on Collier in front of the Outlet Center. He stated that he felt that Council should address this area. He noted a low spot on Collier and the problem with collection of rain in that area. He asked that something be done with the landscaping on Collier Avenue. He stated that the property owner listed on the Closed Session is incorrect. CITY MANAGER COMMENTS 1. Commented that there will be some theme decorating on the light poles in the downtown area for the holiday season. 2. Winterfest will be held on Friday, December 4, 1998, at 5:15 p.m. which will include the tree lighting. PAGE SIX — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 3. The Christmas Boat Parade will be held on Saturday, December 5, 1998, at 5:30 p.m. Information for this event can be obtained from Community Services or Mr. Pete Dawson. CITY ATTORNEY COMMENTS She clarified that the Cleveland Ridge lawsuit is not a litigation that addresses forced annexation. She indicated that it is litigation addressing the City's Sphere of Influence. She noted that the purpose of the suit is to challenge LAFCO's decision to allow the Cleveland Ridge to be removed from the City's Sphere of Influence. She addressed the costs to date and stated that the amount of money expended to date is half of what Ms. Hyland has stated. She explained that there has been no direction from Council for long term action in connection to these cases. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: Thanked GFI for the good j ob they did with the races. She stated that it was very exciting even though it rained on Sunday. She stated that she thought that the riders had a lot of fun. 2. Thanked Beverly Mumphrey for the dinner at HOPE and commended all the ladies of the organization for their hard work on such a beautiful quilt which they donated to the Historical Society. She encouraged everyone in the City to go to the Museum and view the quilt. 3. Indicated that during the Winterfest, the Elsinore Valley Arts Network will be sponsoring entertainment, in the Cultural Center, from 5:00 p.m. to 9:30 p.m. She noted that it will be local talent and encouraged everyone to attend. 4. Reminded the public that the City of Lake Elsinore will be getting a new 28,000 square foot Police Department which is in cooperation between the County and the City. She noted that it would be right across the street from the existing Station. Councilwoman Brinley commented on the following: Thanked Ms. Mumphrey for donating the quilt to the Historical Society and concurred with Mayor Pro Tern Kelley regarding the beauty of the quilt. PAGE SEVEN — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 2. Announced that the Historical Society will be presenting their Third Annual Fashion Show on November 13th and 14th She noted that the event would be held on Friday at 7:30 p.m. and on Saturday at 2:00 p.m. She indicated that they will be featuring fashions from the past and encouraged the community to attend. 3. Congratulated Gary Kelley and Steve Miller on their election to the Elsinore Valley Water Municipal District. She stated that City Council is looking forward to an open communication and cooperative working condition. She noted her pleasure at the outcome of the election. 4. Congratulated Ken Calvert, Bruce Thompson and Ray Haynes on their reelection. 5. Congratulated Goat Breker, GFI, who had a very successful event. She noted the amount of people who attended the races and further noted that everyone seemed to have a great time. Councilman Alongi commented on the following: 1. Noted that he was asked to make a presentation, and stated that he feels about HOPE, like Mayor Pro Tern Kelley feels about the library. He stated that one feeds the mind and the other the body. He stated that without a good nourished body a mind couldn't function properly. He stated that the people that serve HOPE show maximum dedication to the community. He further noted that all of the volunteers are retired and semi- retired and asked what they can do for their brothers and sisters. Councilman Alongi commended Ms. Mumphrey for her donation of the quilt to the Historical Museum. He stated that he would like to see one more thing added to the quilt and that is the names of the people who worked the different squares and the names of the volunteers that are working at HOPE now. He stated that it was an honor to be asked to present the wonderful quilt to the City of Lake Elsinore Historical Museum. He stated that everyone could enjoy the quilt when it is placed on display in the museum. He stated when there are people in the community who give so much, they need to be recognized. He noted that all that is seen in the newspaper is bad news, and it is important to recognize the heroes in the community as well. He thanked HOPE for inviting him to do the presentation of the quilt. He stated that he would make his comments about the Mayor later. 2. Commented on the dinner that HOPE gave at the Presbyterian Church and stated that he had a good time. PAGE EIGHT — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 3. Commended GFI for a great event. He noted that there was no trail of beer trucks around the event and he did not see people drinking. He stated that it is good to see a great organization like GFI put on an event and not see all the beer stalls. He stated that it proves that the community can have a good time without having drinking around our town. He further thanked the community for their patience they expressed throughout the events. He noted the impact on the local residents. 4. Compared the length of time for the traffic signal to be installed at Highway 74 for the school versus the signal at the new Albertson's signs. He stated that the light should be installed and the light can be moved when the Fast Food restaurant is built just as the owner of the new Arco Station at Four Corners moved the light at that location. He noted that the fact would be that the light would be up and operating rather than waiting on someone to make a decision on building. He stated that it seems that the Mayor places more important on food than the safety of the children. He noted how quickly the light went up on Casino Drive for the new Auto Dealership and still can't get a light up at Highway 74. Gave an up -date on his court trial and stated that a jury has been picked. He noted that the 60 potential jurors were asked how many voted and only 16 people raised their hand. He stated that in his opinion, other than the 16 people who raised their hand the others have no right to serve on a jury. He noted that if they don't have the interest to vote for their Country, State, County or City then they should not sit in judgment of anyone. He further stated that those that tools the time to vote and be active in the system are the people that should judge. He noted that another interesting thing about the court is that the items are allegations and in the State of California he is presumed innocent until proven otherwise. Councilman Alongi stated that it is a great honor to be in a country where we have so many rights to protect ourselves. He noted that one of the jurors that was interviewed and was dismissed, was from a country where you are guilty until proven innocent and stay in jail until you produce evidence that you are innocent; however in this country you still have your freedom until the jury renders a decision one way or the other. 6. Announced that he would not be sitting in Closed Sessions until his case is over. He noted that because of the confidentially of the cases heard by Council and not knowing what the outcome of the trial will be, he felt that he should not be in a position to have any further knowledge of the City's legal positions on any item. He stated that his decision would become effective tonight. f i PAGE NINE -CITY COUNCIL MINUTES ''NOVEMBER 10, 1998 7. He- stated,that he will ryontinue to fight in court and noted that Thursday the attorr ys will gfve their opening statements. He stated that,the judge stated that it, might take up to December 7, 1998, to conclude the case. He noted that this issue would not go away in a couple of days. He stated that he and his family has taken a lot of abuse over his court trial and because of what has occurred he is going to fight every single acquisition. He stated that the Mayor is an ignorant man to make the statements that he has made publicly, not to mention taping a conversation between himself, the Mayor and City Manager, which is a felony. He again stated that he would attend the City Council Meetings, however he would not take part in the Closed Sessions. 8. Noted that he has a tape on the Medfly and invited the public to contact him to inform themselves in regard to this serious pest. 9. Thanked Gary Macquinn, an employee of the Department of Transportation, for his letter of support. 10. Stated that the purpose of creating a Redevelopment Agency is to remove blight and encourage low to moderate income. However, the City of Indian Wells created a Redevelopment Agency and they openly discriminate against low to moderate income housing. He stated that they take the tax dollars that are derived from that area and give the money to big business to build things in the desert. He noted that is the reason why 290 occurred and why the State Senate and Assembly are attacking Redevelopment Agencies. He stated that the RDA is a good tool to accomplish goals, however its Indian Wells and other cities that are causing the actions against Redevelopment Agencies, and give them a bad name. He indicated that RDA's divert taxes and can be a very good thing, however they must be used properly. Councilman Metze commented on the following: 1. Concurred with Council regarding the donation of the quilt and thanked the Historical Society for their acceptance and willingness to share with the community. 2. Thanked Mr. Foster for his positive comments. He stated that it is refreshing to hear someone comment on things that the City has done right. He stated that other speakers complain about "A" and "B" and when they are fixed, they complain that the City did not fix "X" and "Y ". He indicated that it is a "no win" situation, however Council does their best. PAGE TEN — CITY COUNCIL MINUTES — NOVEMBER 10, 1998 Mayor Pape commented on the following: 1. Noted that at the Historical Society Museum has buttons available which state "I Love Lake Elsinore ". He indicated that they are a one - dollar donation and encouraged everyone to purchase one. 2. Announced that this Saturday is the CAP Parade, which will be on Graham and Main Street. 3. Apologized that he missed the HOPE dinner. He stated that he did not want to pass on his flu. CLOSED SESSIONS j City Attorney Leibold announced that there would only be three Closed Session Items this evening. Which will be items A, B, and C, which are listed on the Agenda as follows: A. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION (Subdivision (a) of Section 54956.9) City of Lake Elsinore vs. All Persons (Cleveland Ridge) — Case No. RIC 311942. B. CONFERENCE WITH LEGAL CONSEL — ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to subdivision (a) of Section 54956.9) City of Lake Elsinore vs. All Persons (Meadowbrook) — Case No. RIC 317305 C. CONFERENCE WITH REAL PROPERTY NEGOTIATIOR — Property: APN # 389 - 220 -004 — Negotiating parties: City of Lake Elsinore (Buyer) and Dillingeers' (Seller) Under negotiation: Price and terms of payment. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 7:58 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:30 P.M. WITH THE )FOLLOWING ACTION TAKEN: A. CITY ATTORNEY LEIBOLD PROVIDED STATUS REPORT. PAGE ELEVEN - CITY COUNCIL MINUTES - NOVEMBER 10, 1998 B. CITY ATTORNEY LEIBOLD PROVIDED STATUS REPORT. C. THE CITY COUNCIL GAVE DIRECTION TO THE CITY ATTORNEY WITH RESPECT TO PRICE AND TERMS. ADJOURNMENT THE REGULAR CITY COUNCIL MEETING WAS ADJOURNED AT 8:30 P.M. Z�4 6Y� Gr% KEVIN W. PAPE, MAYOR CITY OF LAKE ELSINORE ATTEST: ADRIA L. BRYNING, DEFUT ?Y Cl CLERK CITY OF LAKE ELSINORE