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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