HomeMy WebLinkAbout02-13-2001 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
183 NORTH MAIN STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, FEBRUARY 13, 2000
........................................................................,
CALL TO ORDER
Mayor Schiffner called the Regular City Council Meeting to order at 7:02
p.m.
PLEDGE OF ALLEGIANCE
Mayor Pro Tem Brinley led the Pledge of Allegiance.
INVOCATION
Pastor Dwain Porter of Horizon Church provided the Invocation.
ROLL CALL
PRESENT: COUNCILMEMBERS: BRINLEY, KELLEY,
METZE, PAPE,
, SCHIFFNER
ABSENT: COUNCILMEMBERS: NONE
Also Present were: Assistant City Manager Best, City Attorney Leibold,
Administrative Services Director Boone, Community Development Director
Brady, Community Services Director Sapp, Fire Chief Seabert, Police Chief
Walsh, Information/Communications Manager Dennis, City Treasurer Ferro
and Deputy City Clerk Bryning.
PRESENTATIONS:
a. Presentation - Fire Chief Brenda Seabert. (F:1273)
Mayor Schiffner presented a City of Lake Elsinore Tile Plaque to Fire
Chief Brenda Seabert and thanked her for all her service and
dedication to the City of Lake Elsinore. Chief Seabert thanked her
staff and volunteers for their support and cooperation. She thanked
the City staff for their assistance and support and the Mayor and City
Council for this recognition.
b. Proclamation - Chamber of Commerce Past President Donna
Niehouse. (F:108.4)
Mayor Schiffner read and presented a proclamation to Ms. Donna
Niehouse, Past President of the Lake Elsinore Valley Chamber of
PAGE TWO - CITY COUNCIL MINUTES - FEB.13, 2001
Commerce commending her for her hard work and dedication to the
Chamber of Commerce and her contributions to the business
community. Ms. Niehouse thanked the Mayor and City Council for
this recognition.
c. Presentations - Lake Elsinore Marine Search & Rescue. (F:56.1)
Commander Gil Lerma of the Lake Elsinore Marine Search & Rescue
presented an overview of the accomplishment and contributions of
Past Commander Bill Staples and his wife Donna. Mayor Schiffner,
Chief of Police Walsh, Sargent Brandt and Commander Lerma
presented plaques of appreciation to Donna and Bill Staples and
thanked them for their service and dedication to the community.
PUBLIC COMMENTS - AGENDIZED ITEMS
No comments.
CONSENT CALENDAR ITEMS
City Attorney Leibold asked that Claim No. 2001-06 under Item Number 4
be continued to the next Regular City Council Meeting.
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE
CONSENT CALENDAR, CONTINLIING CLAIM NUMBER 2001-06
TO THE CITY COUNCIL MEETING OF FEBRUARY 27, 2001.
The following Minutes were approved:
a. City Council/Redevelopment Agency Study Session - January
23, 2001. (F:44.4)
b. Regular City Council Meeting - January 23, 2001.
The following Minutes were received and ordered files:
c. Planning Commission Meeting - January 17, 2001. (F:60.3)
d. Design Review Committee Meeting - January 2001. (F:60.4)
2. Ratified the Warrant List for January 31, 2001. (F:12.3)
3. Received and ordered filed the Investment Report for December,
2000. (F:12.5)
4. Rejected and referred to Claims Administrator for handling the
Claims against the City submitted by:
(F:52.2)
Drexton St. James - CL # 2000-25
Jerrold A. Wohlfarth - CL # 2001-03
C'reorge Siesser - Ci, # 2001-04
PAGE THREE - CITY COUNCIL MINUTES - FEB.13, 2001
5. Approved the Agreement for the renewal of the Law Enforcement
Contract, with Riverside County Sheriff Department.
(F:68.1)(X:127.2)
6s Approved the Grant Application for the Collision Reduction Program
through the Riverside County Sheriff Department and Authorized the
staff to submit the paperwork. (F:84.8)
7. Adopted Resolution of Intention No. 2001-02, setting public hearing
for March 13, 2001, to Vacate a Portion of Hunco Way. (F:10.1)
RESOLUTION NO. 2001-02
A RESOLUTION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS
INTENTION TO VACATE A PORTION OF
HUNCO WAY AND SETTING A PUBLIC
HEARING THEREON.
8. Accepted and authorized dedication of Right-of-way for Mission Trail
Improvement Project. (F:156.1)
9. Approved setting a public hearing date of February 27, 2001 for the
following:
a. Tentative Tract Map No. 24213, Amendment No. 1- RBF
Consulting. (F:160.2)
b. Elsinore City Center Specific Plan Amendment No. 1, General
Plan Amendment 00-04, Design Review 00-02, and Addendum
to 1992 Final City Center Specific Plan EIR - Oak Grove
Equities. (F:150.2)
PUBLIC HEARINGS
21. Public Hearin o~ n the proposed Street Vacation of Old Collier Road
and Sanford Road - Resolution No. 2001-03. (F:10.11
Mayor Schiffner opened the public hearing at 7:15 p.m. and asked
staff to address the item.
Assistant City Manager Best introduced the item.
Community Development Director Brady explained that the item
addressed a Street Vacation for Old Collier Road and Sanford Road.
He noted that the area would be used for the Brine Line Regional
Inceptor. He indicated that the CEQA requirements had been met and
staff recommended approval of the Street Vacation.
Councilman Metze had no problem with the item.
PAGE FOUR - CITY COUNCIL MINUTES - FEB.13, 2001
Mayor Pro Tem Brinley stated that this was a housekeeping item and
was in favor of the Vacation.
Councilman Pape stated that the action was a necessary step toward
completion of the Brine Line and felt that Council should move
forward.
Councilwoman Kelley concurred with Councilman Pape.
Mayor Schiffner noted that if the City should widen the street at a
later time, then the necessary footage would be dedicated back to the
City.
Hearing no further requests to speak, Mayor Schiffner closed the
public hearing at 7:18 p.m.
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED
BY UNANIMOUS VOTE TO ADOPT RESOLUTION NUMBER 2001-
03 AND DIRECTED THE CITY CLERK TO RECORD THE
RESOLUTION.
RESOLUTION NO. 2001-03
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE, CALIFORNIA, FOR
THE VACATION OF A PORTION OF "OLD"
COLLIER AVENUE AND SANFORD AVENUE. ~
22. First Amendment to the Development A~reement between the Cit,~of
Lake Elsinore and Marinita Development Compan~(Forecast Grou~
LPl - Ordinance No. 1072. (F:68.1)
Mayor Schiffner opened the public hearing at 7:19 p.m. and asked
staff to address the item.
Assistant City Manager Best introduced the item.
Community Development Director Brady stated that City had
previously entered into a Development Agreement with Marinita
Development Company to develop 120 single-family homes located
next to Withrow Elementary SchooL He noted that the property had
experienced financial trouble for the last several years and had been
delanquent on their special t~es. He explained that in an effort to
counteract the financial constraints, the City Council approved a
contract with the Forecast Group, which called for Forecast to
purchase the property and move forward with development in
exchange for certain financial incentives. He further explained that
part of the Acquisition Agreement requires the City to consider an
PAGE FIVE - CITY COiTNCIL MINUTES - FEB.13; 2001
Extension to the Development Agreement until February 28th, at
which time Forecast was required to file a Fina1 Tract Map. He added
that Forecast had completed the purchase of the property and the Final
Tract Map was being brought forward. He explained that the
Development Agreement extension would be for approximately three
(3) years and the request included a reduction of the DAG Fees from
$2,000 to $1,000 per unit. He noted that all the other development
standards and requirements would have to be met. Community
Development Director Brady stated that Forecast Homes was
proposing to develop 143 lots with the possibility of two additional
lots. He further stated that staff felt the extension was appropriate to
move the project forward. He commented on the Development and
stated that the fees would not have an impact, since the fees were to
have gone to the development of McVicker Park, which had already
been completed. He noted other improvements in the area that had
been completed due to time, which had elapsed. He stated that the
Planning Commission recommended approval of the project.
Mayor Schiffner noted there were no requests to speak on the item.
Councilman Pape stated that he felt that the current item was a
sensible action for the property. He suggested that at the March 1,
2001, Study Session far the Budget that some of the DAG Fees be
used to take care of the property at the corner of Lincoln Street and
Terra Cotta Street. He noted there had been a plan to place a park on
that property, but it had not been done to date. He commented that
this would give the City the opporiunity to do just that.
Councilwoman Kelley stated that she felt that this was a housekeeping
issue and felt that it was a good solution to move the property
forward.
Councilman Metze concurred with Councilman Pape and
Councilwoman Kelley. He noted that this would assist in
development of the property and bring the taxes current.
Mayor Pro Tem Brinley stated that she felt that this was a good action
and concurred with Councilman Pape regarding using the DAG Fees
for development of a neighborhood park.
Mayor Schiffner stated that he concurred with Council and noted that
the money would be available to the City and would give the staff the
opportunity to clean up and develop the park.
Mayor Schiffner closed the public hearing at 7:24 p.m.
PAGE SIX - CITY COiTNCIL MINUTES - FEB.13, 2001
MOVED BY BRINLEY, SECONDED BY PAPE TO ADOPT
ORDINANCE NO. 1072 UPON FIRST READING BY TITLE ONLY,
APPRQVING FIItST AMENDMENT TO THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND
MARINITA DEVELOPMENT COMPANY (FORECAST GROUP LP).
ORDINANCE N0.1072
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LAKE ELSINORE APPROVING THE FIRST
AMENDMENT TO DEVELOPMENT AGREEMENT BY
AND BETWEEN THE CITY OF LAKE ELSINORE AND
MARINITA DEVELOPMENT COMPANY (FORECAST
GROUP LP).
AYES: COUNCILMEMBERS: BRINLEY, KELLEY
METZE, PAPE,
SCHIFFNER
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
THE CITY COUNCIL MEETING WAS RECESSED AT 7:25 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 7:27 P.M.
PUBLIC COMMENTS - NON AGENDIZED ITEMS
Chris Hyland, 15191 Wa~ecrest Drive, indicated there was an Election
coming up in November and announced that she would be a candidate. She
commented on her objection to Mayor Schiffner's appointment to the City
Council since she felt that she was the person who should have been
appointed. She commented on the Eastlake and Watkins lawsuits and made
note of the drowning lawsuits. She stated that under her administration she
would do her best to prevent that type of thing. She encouraged people to
vote for her proposed agenda and requested the voters' respect.
Janice Snow, an Employee of the Lake Elsinore School District, stated that
she was in favor of a homeless shelter in the City of Lake Elsinore. She
made note of the amount of needy and homeless people that she had dealt
with through the School District. She stated that the homeless would not go
away and should be helped. Ms. Snow asked the City Council to examine
the efforts of those people trying to help and lend assistance in providing a
safe shelter in Lake Elsinore for those people in need.
PAGE SEVEN - CITY COUNCIL MINUTES - FEB.13, 2001 '
Gayle Walther, 35708 Woshka Ln., Wildomar, indicated that there were
approximately 60 homeless in the area and spoke in support of the City of
Lake Elsinore supporting a shelter for the homeless.
Linda Keeney, 4000 Crestview, indicated that the City has had a varied
history. She commented that several years ago the City was not compared to
the "City of brotherly love". She noted the need for a shelter and felt that
the City should offer a helping hand to promote dignity.
Max Aragon, 8 Corte Cervati, spoke in support of a shelter for the homeless.
He commented that the City of Lake Elsinore was a City of caring people
and it was up to the City Council to represent the people. He noted that the
community was filled with hope for the future, faith in God, and charity of
love for each other. He stated that the Council was finding ways to take care
of the Gnat Catcher Bird and Kangaroo Rat, and stressed the importance of
human life. He asked the City Council to find the compassion to help the
homeless.
Pastor pon Butenshon, H.O.P.E. Inc., stated that it had been 35 days since
he had addressed Council regarding a proposal to build a homeless shelter,
which would include other social service offices. He indicated that he had
no further communication from Council regarding this matter. He indicated
that the Lake Elsinare Valley was faced with a crisis regarding the homeless,
as well as people that need public assistance. He stated that he had hoped to
meet with the City Council regarding the progress of the project and
encouraged Council to not be afraid to take positive action to.place a shelter
in the proper location that would not become a nuisance to anyone. He
noted the accomplishments of H.O.P.E. Pastor Butenshon indicated that he
would be meeting with Supervisor Buster for an initial planning meeting
regarding a shelter. He noted that Supervisor Buster would take the
information to the County Board of Supervisars far review. He asked far
Council support and approval of his input and opinions that he would be
taking to the Supervisar. He noted that the County was taking steps to move
on this issue with the funds that would be provided by Washington D.C. He
asked what he should tell Supervisor Buster regarding the City Council's
interest and cooperation. He asked if the City of Lake Elsinore intended to
work with the County of Riverside on the homeless project. He strongly
requested a simple, clear and decisive answer from all of the Council before
he left the Council Chambers tonight. He asked that Council not hedge,
make compromises, or vague promises. He asked them to go on record as
being in support of this project. He stated that it would enhance the City's
reputation and save him from further embarrassment.
Bill Tucker, 740 Acacia, indicated that the street cleaner cleans the
downtown area between 6:00 a.m. and 7:00 a.m. He explained that there
were businesses in the downtown area that open at 6:00 a.m. and it causes a
conflict with customer parking since the Community Services Officer cites
PAGE EIGHT - CITY COi1NCIL MINUTES - FEB.13, 2001
the customers that park in the street. He asked that staff address this issue.
He commented on the amount of trash that was in the Outflow Channel and
volunteered to help clean it up so the trash would not end up in the Lake.
Peter Dawson, 18010 Grand Avenue, addressed the level of the Lake and the
amount of recent rain the area had experienced. He commented on the
information that EVMWD had given him regarding the amount of rainfall
and inches that Canyon Lake had received. He stated he felt the information
provided was "hocus-pocus". He encouraged Council and staff to keep a
close watch on the amount of water that was flowing from up stream and
weigh the information they received very carefully.
CITY MANAGER COMMENTS
Assistant City Manager Best commented on the following:
Thanked the audience for attending the Council Meeting.
2. Announced that there had been a management change at the Outlet
Center and Craig Realty Group now managed it. She explained that
the Outlet Center would now be known as Lake Elsinore Outlets, and
noted the amount of experience the firm had and suggested that it
would benefit the Outlet. She indicated that there had been two new
stores added to the Outlet Center: Old Navy and The Gap.
3. Thanked the Lake Elsinore Boat and Ski Club. She explained that
they had disbanded and donated their money to the Lake Elsinore
Senior Center in the amount of $1,400.
4. Noted that Nick Romero, built an Osprey breeding platform in the
back basin wetlands area for his Eagle Scout project and commended
him for his efforts.
5. Stated that the Fire Station on the West End was moving forward and
was in the design stage. She indicated that it was hoped that the
proj ect would be out to bid by the end of March.
6. Announced that the Railraad Canyon Road Pavement Rehabilitation
Project had been completed. She indicated that as soon as the rain
stopped, the landscape contractar would return to finish the
landscaping on that project.
Noted that the City was making a concerted effort to conserve power
and explained that was why the hallways were dark and machines
"not in use" were shut down. She indicated that conservation efforts
were being implemented at all of the City facilities and explained that
even the Youth Sports Group were trying to reschedule events to
conserve power.
PAGE NINE - CITY COUNCIL MINUTES - FEB. 13, 2001
8. Thanked Chief Seabert for her years of service with the City.
9. Thanked Ms. Donna Niehouse for her years of service with the
Chamber of Commerce.
10. Expressed the City's appreciation for the LEMSAR Volunteers.
11. Indicated that the Lake was a priority of staff and Council. She stated
that they were hard at work to keep water in the Lake and there would
be a complete update in the near future.
12. Addressed the trash in the Outflow Channel. She explained that the
City was moving farward with a landscaping plan for the Outflow
Channel, which would allow the City the ability to do maintenance in
the Channel. She further explained that the City did not have the
authority to enter the Channel and do any work since the Outflow
Channel was owned and maintained by Riverside County Flood
Control, however the City was working on getting authority.
13. Announced a City Council Budget Session on March 1, 2001. She
indicated that Council would be considering new Capital
Improvement Projects. She noted the challenge Council was faced
with in their decisions. She encouraged the public to attend.
14. Commented on the Homeless Shelter that was addressed by the
audience. She indicated that the County had not contacted the City
Manager's Office, however she would welcome the opportunity to
speak with them on this issue.
15. Wished everyone a Happy Valentines Day.
CITY ATTORNEY COMMENTS
Legal Counsel Leibold stated that three issues were identified for Closed
Session and would be discussed as listed on the Agenda.
CITY COUNCIL COMMENTS
Councilman Metze commented on the following:
1. Indicated that he was in favor of helping the homeless. He asked
Pastor Butenshon to ask Supervisor Buster why the City Council or
City Manager's Office had not been contacted. He indicated that the
Council could not vote on an issue that had no firm proposal. He
noted that the only information that he had regarding a Shelter was
from the newspaper. He indicated that Supervisor Buster had been in
contact about other issues, but no information was provided regarding
a proposed Homeless Shelter. He indicated that this issue was similar
to the Raceway issue , since he could not vote on something or make
PAGE TEN - CITY COUNCIL MINUTES - FEB. 13, 2001
any kind of decision without all the available information. He noted
that no one from the City had been contacted regarding a meeting for
a Shelter. He stated that he felt giving money to the locallevel to
operate shelters was the best way to provide. He commented that the
Churches were the ones that could best address the problems and meet
the needs with the least amount of waste.
Councilman Pape commented on the following:
Stated that he wished to inform the public that the City had gone to
bid for Lake Street, however the bid had been postponed for 90 days
because of the construction of the Brine Line. He indicated that the
Lake Street Area would be used for the Brine Line and the City did
not want to have new paving disturbed if possible.
2. Concurred with Councilman Metze and noted that if the homeless
shelter project were to be placed in the County then there would be no
need for City involvement.
Councilwoman Kelley commented on the following:
Wished Chief Seabert the best and stated that she would be missed.
She expressed her appreciation for all the things that she had done for
the community.
2. Stated that she felt there had been some miscommunication regarding
the Homeless Shelter. She indicated that Pastor Butenshon had
approached City Council at the last Meeting and it had been her
understanding that Mayor Schiffner had been in touch with Pastor
Butenshon. She stated that there was nothing specific before Council,
therefore no decision could be made.
Wished everyone a Happy Valentines Day.
Mayor Pro Tem Brinley commented on the following:
Commended Pastor Butenshon for his service to the community. She
stated that since Supervisor Buster had not been in contact with
Council or staff, it would not be possible to make any decision
regarding a Shelter. She noted that she met with Supervisor Buster
last week and there had been no mention of a Shelter. She stated that
if the Shelter were to be located in the County there would be no
reason to contact the City. She indicated that since the County had the
funding for the Shelter they might locate the Shelter in the County.
She further stated that Council does support H.O.P.E.'s efforts and
would be open for discussion regarding a Homeless Shelter, however
more information would have to be available, prior to any decision
being made by Council. She noted Council's responsibility to the rest
of the Community.
PAGE ELEVEN - CITY COUNCIL MINUTES - FEBRUARY 13, 2001
2. Thanked Chief Seabert for her service to the City of Lake Elsinore,
and commended her for her dedication.
3. Thanked Donna Niehouse for her for her good work. She commended
her for her leadership in the business community.
4. Recognized Tammy Walsh for her efforts with the EDC. She noted
that the Meetings would be moved to the Diamond Club the 2nd
Thursday of each month at 11:30 a.m. and would cost $12.00 per
person. She encouraged the interested people in the community to
attend: ~.
5. Wished everyone in the community a Happy Valentines Day.
Mayor Schiffner commented on the following:
1. Thanked Chief Seabert for her efforts and commended her for her
good job as a role model for all women in her profession.
,
2. Stated that he accepted responsibility for the miscommunication
regarding a Shelter and stated that he would make an effort to contact
Supervisor Buster. He noted that Council did agree that something
needed to be done somewhere. He indicated whether it would be in
the City of not, he did not know. He apologized for not responding
sooner.
3. Wished everyone a Happy Valentines day
C~.OSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Subdivision (a) of Government Code 54956.9) City of
Lake Elsinore v. All Persons Interested et al, Riverside Local Agency
Formation Commission - Cleveland Ridge (Case #RIC 311942).
b. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Subdivision (a) of Government Code 54956.9) City of
Lake Elsinore v. All Persons Interested et al, Riverside Local Agency
Formation Commission - Meadowbrook (Case #RIC 317305).
c. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Subdivision (a) of Government Code 54956.9)
California Bank & Trust v. City of Lake Elsinore et al (Riverside
County Superior Court Case #344190).
MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY
UNAPTIMOUS VOTE TO RECESSED THE CITY COUNCIL
1VIEETdNG TO CLOSED SESSION AT 5:15 P.M.
PAGE TWELVE - CITY COUNCIL MINUTES - FEB.13, 2001
THE CITY COUNCIL RECONVENED AT 9:38 P.M. WITH NO
REPORTABLE ACTION.
ADJOURNMENT
MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED
BY UNA1vIMOUS VOTE TO ADJOURN THE REGULAR CITY
COUNCIL MEETING AT 9:39 P.M.
~/ ~~~ ~~
J ~
ROBERT L. SCHIFFNE , MAYOR
CITY OF LAKE ELSINORE
Respectfully submitted,
`~1~~ .
Adria L. Bryning, De uty Ci Clerk
A EST:
~~~~~' \_
VICKI KASAD, CMC, CITY CLERK/
HUMAN RESOURCES DIRECTOR
CITY OF LAKE ELSINORE