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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