HomeMy WebLinkAbout02-08-2000 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 8, 2000
CALL TO ORDER
Mayor Brinley called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE
Councilwoman Kelley led the Pledge of Allegiance.
INVOCATION
Pastor Jack Watford representing the First Southern Baptist Church provided the
Invocation.
ROLL CALL
PRESENT: COUNCILMEMBERS: KELLEY, PAPE
SCHIFFNER, BRINLEY
ABSENT: COUNCILMEMBERS: METZE
Also present were: City Manager Watenpaugh, City Attorney Leibold, Assistant City
Manager Best, Administrative Services Director Boone, Community Development
-- Director Brady, Community Services Director Sapp, Police Chief Walsh, Fire Chief
Seabert, City Treasurer Ferro and Deputy City Clerk Bryning.
PRESENTATIONS
a. Proclamation - Riverside County Fire Chief Jim Wright. (F: 127.3)(X: 122.1)
Mayor Brinley called Chief Jim Wright forward and highlighted his service to the
City. She read and presented a Proclamation and Key to the City and
congratulated him on his promotion to the State level. Chief Wright thanked the
Mayor and Council and commented that he represents three levels of government;
the State, the County and the City. He stated that the Fire Department has always
felt welcome in the City of Lake Elsinore and introduced Chief Larry Benson who
will be taking his place. Chief Benson gave an overview of his qualifications and
presented The Fire Protection Master Plan for the City.
b. Presentation - Businesses of the Year - 1999. (F:56.1)(X: 70.1)
Mayor Brinley introduced Jeff Kurtz, General Manager of the Prime Outlet
Center and recognized his company for their many contributions to the City and
noted the value of their business in the City. She then presented him with a
plaque to honor Prime Outlet as one of the Businesses of the Year, 1999, in the
City of Lake Elsinore. Mr. Kurtz thanked the Mayor and City Council for their
recognition of the Prime Outlet Center and thanked the community for their
continuing support. He gave an overview of their future goals and pledged
continued involvement in the community.
PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
Mayor Brinley introduced Dave Fahrion, President of C R & R, Inc., and noted
the many contributions C R & R has made to the City. She gave an overview of
some of the contributions and thanked him for C R & R's continuing support of
the City. She presented Mr. Fahrion with a plaque to honor C R & R, Inc., as one
of the Businesses of the Year, 1999, in the City of Lake Elsinore. Mr. Fahrion
thanked the Mayor and City Council for the honor and commended the City for
their efforts to promote businesses in the City of Lake Elsinore.
Mayor Brinley again recognized both businesses and thanked them for their
support on behalf of the citizens of the City of Lake Elsinore and the Lake
Elsinore Valley Chamber Connections Economic Development Committee.
C. Presentation - INT League. (F:56. 1)(X:64. 1)
Mayor Brinley recognized Ms. Cheryl Dettmers, representing the International
Novice Tour, and thanked them for their support of the community and the Lake.
Ms. Dettmers gave an overview of the activities her organization has held on the
Lake and noted the increase in participants over the last two years. She then
presented Recreation and Tourism Manager Edelbrock and Community Services
Director Sapp with a plaque in appreciation for their encouragement and
assistance.
d. Proclamation - Boy Scouts of America - 90th Anniversary. (17:122.1)
Mayor Brinley presented a proclamation recognizing the 90th Anniversary of the
Boy Scouts of America to Sean Roy, District Executive Director of the Boy
Scouts of America. Mr. Roy thanked Council for their recognition and noted that
currently Lake Elsinore has 12 active Boy Scout Troops and is in process of
forming the 13th troop. He gave an overview of the contributions the Boy Scouts
of America make for the youth in America and stated that he is very proud to be a
part of the organization.
PUBLIC COMMENTS - AGENDIZED ITEMS
A request was received to address the following item and deferred to that discussion:
Item No. 7
CONSENT CALENDAR ITEMS
MOVED BY KELLEY, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF
THE CONSENT CALENDAR AS PRESENTED.
MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADD ITEM # 33 TO THE
BUSINESS CALENDAR TITLED "RECOMMENDATION FOR ACTION
RELATED TO THE MOST CRITICAL PALM TREES".
The City Attorney noted that the,Committee for the Palm Trees did not meet until after
the City Council Agenda had been printed and there was a need for Council to review the
recommendations from the Committee and to make immediate decision regarding the
most critical trees.
PAGE THREE — CITY COUNCIL MINUTES — FEBRUARY 8, 2000
The following Minutes were approved:
a. Special City Council Meeting - January 13, 2000. (17:44.4)
b. City Council Study Session - January 20, 2000.
C. Regular City Council Meeting - January 25, 2000.
2. Ratified Warrant List of January 31, 2000. (F:12.3)
Received and ordered filed the Investment Report of December, 1999. (F:12.5)
4. Adopted Resolution No. 2000 -4 relating to the Juvenile Accountability Incentive
Block Grant. (F:84.8)
RESOLUTION NO. 2000-4
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA APPROVING
APPLICATION FOR GRANT FINDS ADMINISTERED BY
THE OFFICE OF CRIMINAL JUSTICE PLANNING.
Adopted Resolution No. 2000 -5 relating to parking restrictions on Pete Lehr
Drive. (F:112.1)
RESOLUTION NO. 2000-5
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE ESTABLISHING
PARKING RESTRICTIONS OF CERTAIN STREETS.
6. Approved the budget adjustments and transfers from dedicated funds as follows:
(F:30.1)
#4
Main/Sulphur decontamination
increase $ 13,000
#11
Entry signs
increase $ 30,000
#12
Entry way - Grand and Lakeshore
increase $ 30,000
#14
Sheriff Station improvements
increase $ 45,000
#15
Mission Trail improvements
increase $150,000
#16
Outflow Channel improvements
increase $ 60,000
#17
Swick and Matich parking lot
increase $183,000
920
Railroad Canyon pavement improvements
new $305,000
#24
Sunnyslope grading and paving
new $226,252
#25
Stevens Street
new $ 52,027
#26
McPherson Avenue
new $ 21,399
#27
Palm Trees/Police Station
new $ 33,000
#28
Langstaff 1/2 street paving (Police Station)
new $ 18,400
#29
LSA Study Traffic Mitigatin Fees
new $150,000 (Fund 115)
#30
Franklin/Canyon Estates Drive (Engineering) new $ 65,000 (Fund 115)
From the City's Reserve account:
A) Replacement of engine and drive for Crystal Liner $14,000
B)
Stocking of bass or catfish
$ 5,000
C)
Sandblasting boat ramps
$ 5,000
D)
Concrete /labor to level boat ramp
$ 6,000
E)
Renovate McVicker, Swick/Matich,
Tuscany and Lakepoint infields
$32,000
F)
Additional funds for watering parks
$15,000
G)
Economic Development
$15,000
PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
8. Approved Public Hearing date of February 22, 2000, for the following:
a. Tentative Tract Map No. 28751 - Lusk Elsinore, Inc. (F:160.2)
PUBLIC HEARING
21. Annexation No. 69 and Sphere of Influence Amendment, General Plan
Amendment No. 98 -3, Zone Change No 98 -3 and Environmental Impact Report
No. 98 -1 - Resolution No. 2000 -6 thru 2000 -8 and Ordinance No. 1062.
(F:20.2)(X:83.2)(X:172.2)
City Manager Watenpaugh introduced this item and asked Community
Development Director Brady to address it.
Community Development Director Brady gave an overview of the project and its
location. He explained that at the regular meeting of January 19, 2000, the
Planning Commission recommended approval Annexation 69, Sphere of
Influence Amendment, General Plan Amendment 98 -3, Zone Change No. 98 -3
and Certification of EIR No. 98 -1 to the City Council. He noted that the project
appeared before the Planning Commission at their Meeting of February 2, 2000,
for the Tentative Tract Map, however Planning Commission continued Tentative
Tract Map 28751, pending resolution of issues dealing with storm water drainage
onto the City of Canyon Lake and preservation of views from Tuscany Hills
adjacent residents. Community Development Director Brady noted that the
Planning Commission's items of concern revolved around the design of the
proposed subdivision which are not part of these requests and will be brought
before the City Council at a later time.
Mayor Brinley opened the public hearing at 7:27 p.m. and called upon those
persons who had requested to speak.
Mr. Gary Dubois, representing the Pechanga Indian Research Center and
California Indian Legal Services, stated that while his organization is not opposed
to the project, they do believe that the project may have an adverse impact on
Native American cultural resource. He explained that the identification of
recorded archaeological sites and a surface survey are inadequate predictors of the
project's effect of cultural resources hidden by surface growth or covered by the
earth. He asked that the EIR be amended to include the following mitigation
measure:
"The applicant shall enter into a pre- excavation agreement with the
Pechanga Band of Luiseno Mission Indians to ensure that Native
American monitor(s) shall be present onsite during grading, site
preparation and groundbreaking activities and to provide for the treatment
and disposition of Native American human remains and cultural resources.
The applicant shall comply with the provisions of California Public Code
Section 5097.98 should any Native American human remains be
uncovered."
Community Development Director Brady stated that the Planning Department
found the mitigation measure to be reasonable and it was added as a condition to
Tentative Tract Map No. 28751, with the exception of the last sentence, but he
would be glad to include that as part of the condition.
Mayor Brinley asked if there was any other person who wished to speak on the
item.
PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
Deputy City Clerk Bryning reported that there were three pieces of
correspondence regarding the project from:
Bernard Paraliu, #43 Villa Valtelena
Joanne Willis Newton, California Indian Legal Services
Ken & Carol Fontanini, 54 Villa Milano
Hearing no further requests to speak, Mayor Brinley closed the public hearing at
7:32 p.m.
Mayor Pro Tern Pape questioned the condition regarding Indian relics and
remains. Community Development Director Brady indicated that it would be part
of the Tentative Tract Map's Conditions and will be brought before Council at the
February 22, 2000, City Council Meeting. Mayor Pro Tern Pape asked if the
drainage issue had been resolved. Community Development Director Brady
stated that the developer had mitigated the problem and the Canyon Lake Property
Owners Association were in support of the project.
Councilwoman Kelley stated that she was in support of the project
Councilman Schiffner stated that he concurred and stated that he was in favor of
the process.
Mayor Brinley stated her support of the annexation.
MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO ADOPT RESOLUTION
NUMBER 2000 -6, APPROVING CERTIFICATION OF EIR NO. 98-1.
PAGE FIVE — CITY COUNCIL MINUTES — FEBRUARY 8, 2000
RESOLUTION NO. 2000-6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA CERTIFYING
ENVIRONMENTAL IMPACT REPORT NO. 98-1
MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2000-7,
CONSENTING TO THE COMMENCEMENT OF PROCEEDINGS TO ANNEX
AND EXPAND THE SPHERE OF INFLUENCE FOR THE 64.52 AREA
COVERED UNDER ANNEXATION NO. 69.
RESOLUTION NO. 2000-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, CONSENTING TO THE
COMMENCEMENT OF PROCEEDINGS TO AMEND THE
CITY'S SPHERE OF INFLUENCE AND ANNEX CERTAIN
TERRITORY DESIGNATED AS ANNEXATION NO. 69 (APN 363-
030 -002, -003, -004, -005, -006, -007, -008, -009, -010, -011, -012, -013,
AND -014) INTO THE CORPORATE BOUNDARIES OF THE
CITY OF LAKE ELSINORE.
PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ADOPT RESOLUTION NO. 2000-8
APPROVING THE GENERAL PLAN AMENDMENT NO. 98-3.
RESOLUTION NO. 2000-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, MAKING AN AMENDMENT
TO THE LAKE ELSINORE GENERAL PLAN FOR THE FIRST
CYCLE OF THE CALENDAR YEAR OF 2000 TO INCLUDE
CERTAIN PROPERTY DESCRIBED AS ASSESSOR'S PARCEL
NUMBER(S) 363- 030 -002, -003, -004, -005, -006, -007, -008, -009, -010,
-0119 -012,-013, AND -014, AND ASSIGNING A LOW MEDIUM
DENSITY (LMD) LAND USE DESIGNATION.
MOVED BY SCHIFFNER, SECONDED BY PAPE TO ADOPT ORDINANCE NO.
1062 UPON FIRST READING BY TITLE ONLY AND THE FOLLOWING
FINDINGS:
ORDINANCE NO. 1062
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING ZONE CHANGE
NO. 98-3 (PRE -ZONE) TO CHANGE THE ZONING'
DESIGNATION OF APN 363 - 030 -002, -003, -004, -005, -006, -007, -
008,-009,-010,-011,-012,-013, AND -014 FROM R -R D(RURAL
RESIDENTIAL COUNTY) TO R-1 (SINGLE FAMILY
RESIDENTIAL).
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
FINDINGS
ANNEXATION
KELLEY, PAPE,
SCHIFFNER, BRINLEY
ki Cox, 10
METZE
NONE
1. The proposed annexation area is contiguous to the City of Lake Elsinore
and will not create pockets or islands.
2. The proposed annexation will not result in any adverse significant impacts
on the environment.
3. The proposed annexation will eliminate an existing undesired pocket of
County area.
GENERAL PLAN AMENDMENT
PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
The approval of the requested designation permits development to the
highest and best nature within mitigable means to insure maintenance of
the general public health, safety, and welfare.
2. Granting of the request designation will permit reasonable development of
the property consistent with its constraints and more compatible with
adjacent properties and proposed development.
The proposed General Plan Amendment would establish a land use density
and usage more in character with the subject property's location, access,
and constraints.
ZONE CHANGE
The proposed Zoning is consistent with the Goals, Policies, and Objectives
in the General Plan.
2. The proposed Zoning is consistent with the General Plan and the various
land use authorized by the Ordinance are compatible with the objectives,
policies, general land uses, and programs specified in the plan.
(Government Code Section 65860).
3. The proposed Zoning will establish the necessary pre - zoning for the site.
4. Reasons why the City has considered the effect of Zoning Ordinances on
the regional housing needs in which the City is located and how the City
has balanced these needs against the public service needs of its residents
and available fiscal and environmental resources. (Government Code
Section 65863.6).
31. Second Reading Ordinance No. 1060 - Fishing Limits. (F:92.)(X:1,04.1)
MOVED BY PAPE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO.
1060 UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1060
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, AMENDING MUNICIPAL CODE SECTION
8.44.020 RELATING TO SIZE AND FISH QUANTITY LIMITS,
PARAGRAPH C, "MINIMUM SIZE AND BAG LIMIT LIST ".
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
KELLEY, PAPE,
SCHIFFNER, BRINLEY
NONE
METZE
ABSTAIN: COUNCILMEMBERS: NONE
32. Second Reading - Ordinance no. 1061 - Concerning Supplemental Improvements.
(F:156.1)
PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
MOVED BY PAPE, SECONDED BY KELLEY TO ADOPT ORDINANCE NO.
1061 UPON SECOND READING BY TITLE ONLY:
ORDINANCE NO. 1061
AN ORDINANCE OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, ADDING SECTION 16.34.080 TO CHAPTER 16.34
OF TITLE 16 OF THE LAKE ELSINORE MUNICIPAL CODE,
CONCERNING SUPPLEMENTAL IMPROVEMENTS.
UPON THE FOLLOWING ROLL CALL VOTE:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
KELLEY, PAPE,
SCHIFFNER, BRINLEY
NONE
METZE
NONE
33. Recommendations for Action Related to Most Critical Trees. (F: 157.1)
City Manager Watenpaugh asked that Ron LaPere, Chairman of the Advisory
Committee for Palm Tree Preservation address the item.
Ron LaPere, Chairman of the Advisory Committee for Palm Tree Preservation,
thanked Mr. Lopez and his staff from Southem-California Edison Company, City
Manager Watenpaugh and staff, West Coast Arborists and the City Council. He
noted the qualities of the people that sit on the Committee and thanked Council
for their appointments. He explained that the Committee examined every possible
avenue to save the trees and noted that it was the Committee's goal to approach
Council with specific recommendations in the shortest amount of time possible to
allow the City Council the time to consider and implement the Committee's
recommendations. Mr. LaPere noted that in the last two meetings of the
Committee, the 18 trees that were in the most critical situations were addressed.
He noted that 15 of the trees need to be moved, which was planned for in the City
Budget and 3 must be destroyed because of their location under high- tension
electrical wires. He stated that if the City Council chooses to accept the
Committee's recommendations, no additional funds would be required, since the
proposed action is already funded in the City Budget. The Committee asked that
the City Council consider the following recommendations:
• That a letter be sent from the City to the County of Riverside and Caltrans
requesting that these entities cooperate in the City's efforts to preserve the
environmental and attractive benefits that these historic palms lend to the
Lake Elsinore Valley.
• That no trees are to be sold by the City simply as a method of revenue
creation.
• Due to the immediate need related to certain trees, three of these must be cut
down and fifteen of these trees must be relocated to the new downtown police
station landscaping.
• Should there be additional trees above and beyond those needed at the police
station, that the remaining trees be relocated to the outflow channel
landscaping from Phase I.
• No trees shall be transplanted more than once.
• A flyer be distributed in the immediate area where the trees are being
relocated from, to inform residents about the actions taking place.
PAGE NINE - CITY COUNCIL MEETING - FEBRUARY 8, 2000
Mr. LaPere stated that on behalf of the Committee, he would like to add one more
condition as follows:
• That the City Council add the City Parks and Beaches for the further removal
of trees, if the funding is available.
Mr. LaPere stated that he would be available for questions.
Councilwoman Kelley questioned the consideration of Lake Street and Lakeshore
Drive. Mr. LaPere stated that those trees will be considered in future Phases. He
noted that the trees on Lakeshore Drive and Lake Street are not in a critical
position at this time and can be addressed with future planning and funding.
Councilwoman Kelley asked where the trees that will be removed, will be located.
City Manager Watenpaugh stated that the Sheriff's Department Landscaping will
use 9 to 11 trees and the remainder will be located along the Outflow Channel.
Councilwoman Kelley thanked the Committee and staff for their hard work.
Mayor Pro Tern Pape stated that he was very impressed with the amount of work
the Committee had done in such a short amount of time. He stated his sincere
appreciation.
Councilman Schiffner expressed his appreciation to the Committee and stated that
he was very pleased with the presentation.
Mayor Brinley asked if anyone wished to speak on the item. Hearing no requests
she continued with her comments.
Mayor Brinley expressed her appreciation and gave a special thank you to Mr.
LaPere as Chairman.
Mr. LaPere thanked the Council for their recognition of the Committee and
announced that their next meeting would be held at the Cultural Center on
Saturday, February 12, 2000 at 10:00 a.m. to consider Phase II. He invited the
public to attend and contribute. He stressed that the program was Citywide.
City Manager Watenpaugh indicated that there would be no additional fiscal
impact since this item was considered in the current Budget.
MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE RECOMMENDATIONS OF THE ADVISORY
COMMITTEE ON PALM TREE PRESERVATION AS FOLLOWS:
• That a letter be sent from the City to the County of Riverside and
Caltrans requesting that these entities cooperate in the City's efforts to
preserve the environmental and attractive benefits that these historic
palms lend to the Lake Elsinore Valley.
• That no trees are to be sold by the City simply as a method of revenue
creation.
• Due to the immediate need related to certain trees, three of these must be
cut down and fifteen of these trees must be relocated to the new
downtown police station landscaping.
• Should there be additional trees above and beyond those needed at the
police station, that the remaining trees be relocated to the outflow
channel landscaping from Phase I.
• No trees shall be transplanted more than once.
• A flyer be distributed in the immediate area where the trees are being
relocated from, to inform residents about the actions taking place.
PAGE TEN - CITY COUNCIL MEETING - FEBRUARY 8, 2000
• That the City Council add the City Parks and Beaches as a location for
placement of further removed trees, if the funding is available.
ITEM PULLED FROM THE CONSENT CALENDAR
7. Confirmed permission for the absence of Councilman Metze from City Council
Meetings. (F: 44.1)
City Manager Watenpaugh noted that this item was placed on the Agenda as a
confirmation of the letter sent to Councilman Metze. He further noted that
Councilman Metze is home and recuperating from his surgery. He noted that the
reason this issue was not discussed in open meeting was to honor Councilman
Metze's wish for privacy and his intent to protect his family. City Manager
Watenpaugh reminded the audience that in past meetings Councilman Metze
announced that he would no longer respond to the Press Enterprise. He indicated
that Councilman Metze is hoping to attend the February 22, 2000, City Council
Meeting.
Mayor Brinley called upon Chris Hyland, who requested to speak.
Chris Hyland, 15191 Wavecrest Drive, wished Councilman Metze well, however
she noted that he has been absent from City Council Meetings for the last 2 '/2
months and wanted to know why the public was not informed and what would
happen if there was a tie vote. She stated that the Council has accountability to
the public and cited Government Code 36513, which allows an absence for a
maximum of 60 days. She questioned the date on the letter that was generated to
Councilman Metze in regard to his absence. She stated that in her opinion the
letter was generated as a fagade, since Council is afraid they would have to
appoint Robert Polk, since he was the candidate that had the next most votes.
Mayor Brinley asked the City Attorney to address Mrs. Hyland's comments.
City Attorney Leibold noted that there are a variety of statutes that address
Council vacancies. She noted that the statute that has been cited was read in
isolation, and in the total scope reads differently. She indicated that the final
authority to determine if a vacancy exists, rests with the City Council itself, which
was given power to fill a vacancy and to judge the qualifications of its members.
She explained that the statute that was cited and suggested those who have
questioned whether the vacancy is automatic, should review the balance of the
case law. She noted that it would show anyone interested, that in absence of a
declaration by the Council of a vacancy, no vacancy exists. She further noted that
an absence due to illness is an excused absence by the statute. She cited
Government Code Section 1770 which provides that a vacancy is caused by a list
of specified events such as death; removal from office; or a Councilmember
ceasing to discharge his duties for three consecutive months with the exception of
illness. She explained that any person who inquired about Councilman Metze was
informed of his status, he received his Council mail and has had regular
conversations with the City Manager with respect to City matters. She stated that
he has been physically incapacitated and unable to attend meetings; absent his
absence from City Council: Meetings, he has fully discharged his duties as a
Councilmember. City Attorney Leibold stated that Councilman Metze has served
the community for the last seven years as a Planning Commissioner and elected
official. She wished him well and a speedy recovery. She stated that she looked
forward to his return. She stressed that the courts do give great deference to the
people and the removal of an elected official from office, as this community has
experienced, is a difficult, laborious and often long lasting procedure. She stated
that it is not one that occurs due to a serious illness that prevents a
Councilmember from attending a meeting.
PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
Councilwoman Kelley addressed Mrs. Hyland's comments and stated that there
was one important piece of information missing and that is "without permission".
She stated that no one had seen the letter because no one had asked for the letter
and as soon as the letter was requested, it was produced. She explained that
Councilman Metze has been informed, received his mail and is in process of
recovery from surgery. She wished him well and hoped that she sees him at the
Council Meeting in two weeks.
Mayor Pro Tem Pape chastised Mrs. Hyland for her comments and her attack
regarding Councilman Metze. He reminded her that during the time that another
Councilmember was tried and found guilty of 14 counts of corruption in office,
she did not comment once on that situation.
Councilman Schiffner wished Councilman Metze a speedy recovery and look
forward to seeing him at the next Council Meeting.
Mayor Brinley wished Councilman Metze a speedy recovery and noted that she
has been speaking to Councilman Metze at least 3 to 4 times a week during the
time he was in the hospital and now that he is home he has kept abreast of the
activities of the City on a daily basis. She expressed her disappointment with
Planning Commissioner Polk and cited a comment in the paper regarding "closed
government". She reminded him that he has access to the City Manager and staff
on a daily basis and she admonished him for not doing his homework and getting
the facts straight. She noted that Councilman Metze is dedicated to the City and
thanked Council for their support during Councilman Metze illness.
MOVED BY PAPE, SECONDED BY SCHIFFNER AND CARRIED BY
UNANIMOUS VOTE OF THOSE PRESENT TO CONFIRM THAT THE
ILLNESS RELATED ABSENCE FROM COUNCIL MEETINGS BY
COUNCILMAN METZE WAS WITH PERMISSION OF THE CITY
COUNCIL.
THE REGULAR CITY COUNCIL MEETING WAS RECESSED AT 8:00 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 8:02 P.M.
PUBLIC COMMENTS - NON - AGENDIZED ITEMS
Minnie Brown, 312 N. Langstaff St., representing Friends of the Library thanked the
members of the community and members of Friends of the Library for a successful
winter book sale. She encouraged membership at the Library and noted that they now
have a website, www.lelibraryfriends.org and membership dues are $2.00 for
students and $10.00 for adults. She announced that the next general meeting for Friends
of the Library will be the 2nd Thursday of March, at 7:00 p.m. in the Library community
room. She stated that the next book sale will be April 29, 2000, and encouraged donation
of books. She reminded the audience that donations are tax deductible.
Leroy Tucker, 3532 Cherry Blossom Lane, thanked the Community Services Depart for
their quick response regarding signage at Lakepoint Park. He noted that 3 laps around
the park are approximately one mile and now there is a sign to give a starting point and
distance information. He again thanked staff.
Chris Hyland, 15191 Wavecrest Drive, commented that when Councilman Metze is at
home ill, he cannot make decisions for the City. She announced that she was involved in
forming a Citizens Is' Group and suggested contacting her at her home number which is
in the phone book. She stated that the Group's main goal was to have a better way to put
leaders in office.
PAGE TWELVE - CITY COUNCIL MEETING - FEBRUARY 8, 2000
CITY MANAGER COMMENTS
City Manager Watenpaugh commented on the following:
1. Commented on a letter that he received from Phyllis Condary in appreciation of
the Fire Department and Police. He explained that Mrs. Condary had a fire in her
stove and due to the fast response of emergency services, her home sustained no
damage.
2. Announced that on February 14, 2000, the City will be stocking approximately
5,000 pounds of rainbow trout in three different locations around the lake.
Announced the dedication of the City of Lake Elsinore/Riverside County Sheriffs
Station on February 28, 2000 at 11:00 a.m., on the corner of Langstaff and
Lindsey. He noted that on March 25, 2000, 2:00 p.m., the Sheriff s Department
would be holding an open house.
4. Thanked the Palm Tree Preservation Committee for their hard work and gave a
special thanks to Ron LaPere for the way he chaired the Committee. He noted
that the Committee was making staff jump through some hoops, however all the
suggestions are positive and beneficial to the City.
CITY COUNCIL COMMENTS
Councilwoman Kelley commented on the following:
Noted her work with the City of Canyon Lake regarding the development of a
skate -park. She requested help from the kids that skateboard. She noted flyers
that she would be placing at the Library, City Hall, Community Center and
possibly the schools, as well as Canyon Lake City Hall. She asked that each
person fill out the questionnaire with a drawing on the back, if desired, of what
kind of a skate -park would be best. She asked that the flyers be returned to Lake
Elsinore City Hall or Canyon Lake City Hall by March 14, 2000.
2. Thanked the Palm Tree Committee for their hard work.
Mayor Pro Tern Pape commented on the following:
1. Announced that the Sales Tax results from the third quarter of last year are up
again. He noted that Sales Tax is the single most important revenue for the City
and the revenue can be used to provide services for the residents. .
Councilman Schiffner had no comments.
Mayor Brinley commented on the following:
Wished Chief Wright all the best and welcomed the Chief Benson to the City.
2. Announced that the Woman's Club was having their Heritage Dinner, Saturday,
February 12, 2000 at 4:30 p.m. at the Women's Club. The pubic is invited to
attend and should contract Barbara Cady at 245 -4478.
3. Announced that the Woman's Club will be having a Historical Dedication on-
February 10, 2000 at 10:00 a.m. with a tableau read by Audry O'Hare that was
written by Mrs. Tom Hudson.
4. Wished everyone a Happy Valentines Day.
PAGE THIRTEEN - CITY COUNCIL MINUTES - FEBRUARY 8, 2000
CITY ATTORNEY COMMENTS
City Attorney Leibold commented on the following:
Wished Councilman Metze a speedy recovery and looks forward to having him sit
next to her at the next Council Meeting.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9) Timothy Fleming vs. City
of Lake Elsinore (CASE #328469).
THE REGULAR CITY COUNCIL MEETING WAS RECESSED TO CLOSED
SESSION AT 8:18 P.M. FOR DISCUSSION OF THE ABOVE LISTED ITEM.
THE CITY COUNCIL MEETING RECONVENED AT 8:35 P.M. WITH NO
REPORTABLE ACTION.
ADJOURNMENT
MOVED BY PAPE, SECONDED BY KELLEY AND CARRIED BY UNANIMOUS
VOTE OF THOSE PRESENT TO ADJOURN THE REGULAR CITY COUNCIL
MEETING AT 8:36 P.M.
CITY OF LAKE ELSINORE
Respectfully submitted,
Adria L. Bryning, Deputy City lerk�
ATTEST:
I TSVD.TY CLERK
CITY OF LAKE ELSINORE