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HomeMy WebLinkAboutItem No.1DMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 31315 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 22, 1993 : arr�arrraarrrrrrrrr• rrrrrrrrararaarraa�arra :aaaaaaraaraarrarrra CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. . PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Alongi. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUE2, WINKLER,. WASHBURN . ABSENT: COUNCILMEMBERS: NONE` Also present were: City Manager Molendyk, Assistant City'Manager Rogers, City Attorney Harper, Administrative .Services Director Boone, Community Development Manager Shear, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager "of Special Projects Watenpaugh,, City Treasurer Pape and City Clerk`Kasad. PRESENTATIONS /CEREMONIALS, B. Proclamation - Barton Del Rio - World Tae Kwon Do Champion. Mayor Washburn read the Proclamation and presented it to Mr. Del Rio and congratulated him on his accomplishments. Mr. Del Rio thanked the Council for this recognition, his wife for her support, his martial arts students for their support and his .boss at Coldwell Banker for his flexibility in allowing him.time to participate in.these events. C. "Proclamation. - Amateur Radio Field Day. Mayor - Washburn read this Proclamation and presented it -to Mr. Frederick Finke on the behalf of all local Amateur Radio .operators. Mr. Finke thanked the Council for this recognition and commented on the upcoming "Field Day" .which is part of a national exercise in preparation for emergency situations. A. Presentation - Downtown Video. -Mayor Washburn explained that this is a new video designed to . help promote the downtown area and highlight the .recent improvements: The video was presented. - AGENDA ITEM, NO , d' PAGE f OF_L PAGE TWO - CITY COUNCIL MINUTES - JUNE 22, 1993 None Requested. CONSENT CALENDAR The following items were pulled from' the Consent Calendar for further discussion and consideration: Item Nos. 2 and 3. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED' BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - June 8, 1993. 4. Approved a three year Cooperation Agreement with the County of Riverside for the 20th, 21st and 22nd Community Development Block Grant Program years and authorized the Mayor and City Clerk to execute the agreement. ITEMS PULLED FROM CONSENT CALENDAR 2. L.E.A.F. Animal Control Activity Report -'May. 1993. Councilman Alongi, noted that the statistics for animals turned in by owners and animals euthanized are beginning to`climb again. He also noted that surrounding communities are seeing increases as well. He stressed the cost of dealing with these animals and encouraged the Community to. reduce those statistics. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE L.E:A.F. ANIMAL CONTROL 'ACTIVITY REPORT FOR MAY, 1993. 3. Warrant List - June 15, 1993. Councilman Alongi commented on Warrant No. 31843 and inquired whether it pertained to the launch ramp at Lakepoint Park. He indicated that he would like to see a separate accounting of funds spent on the Lake. He also commented on Warrant No. 31877 and inquired whether it would be possible to more clearly identify the purpose of each item. He noted that his understanding was that the Structure Abatement program was funded by the Redevelopment Agency and indicated that it should appear on the Redevelopment Agency listing. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. PUBLIC HEARINGS 21. City.Manager Molendyk detailed this request for expansion of the existing plans. He indicated that he had received a question regarding adequate parking and upon checking, sufficient parking is proposed as part of the plan. AGEN A fF[i,: NO. ' .A - PAGE a OFy PAGE THREE - CITY COUNCIL MINUTES = JUNE 22,,-1993 Kenny Smith, representing McArthur Glen Group, showed photographs of'•the existing buildings and noted that the additional areas- will- be of the, same type and design. He presented a site plan and renderings of the requested additional 70,000 square feet-,of space.with approximately 18 additional stores. He noted an area being left natural on the site. City Manager Molendyk clarified that the portion of the site left natural is for mitigation of wetlands as required by the Department of Fish and -Game: He commended Mr. Smith on the existing project and the proposed expansion. The City Clerk reported no written comments or protests. - Mayor Washburn opened the public hearing at 7:25 p.m. asking - those °persons interested in the ;project to speak. Hearing no one, the public hearing was closed at -7:26 p.m.' MOVED BY "WINKLER, SECONDED BY'CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 93 -3; APPROVE SPECIFIC PLAN 90 -1 AMENDMENT NO. 1 AND APPROVE DESIGN REVIEW FOR COMMERCIAL PROJECT 90 -6 (REVISED) ; BASED ON THE.FOLLOWING FINDINGS AND SUBJECT TO THE FOLLOWING CONDITIONS OF APPROVAL. - FINDINGS - SPECIFIC PLAN 90- 1'AMENDMENT NO. 1 1. The Specific Plan Amendment 'meet a the Specific Plan criteria for content and systematic implementation of the General Planl`established by Section 65450 of the California Government Code and Section 17.99 of the City of Lake Elsinore Municipal Code. 2. Development regulations provided in the City Zoning Code.shall apply, unless specified in the Specific Plan Amendment. Approval of the amendment shall not be interpreted as waiving compliance with other provisions of the•Lake Elsinore Municipal Code, except in those areas where the amendment specifically applies.` 3. The Specific Plan Amendment complies with the California Environmental Quality Act. All adverse impacts have been adequately mitigated to levels of insignificance. 4. The Specific Plan Amendment will not be detrimental to the health, safety, comfort or general welfare of - the persons . visiting or working within' the neighborhood of the project area, nor will it be injurious to property;or improvements "in that area or the City because of the amendment, mitigation measures contained in the Mitigated Negative Declaration, and Conditions of Approval. FINDINGS - MITIGATED NEGATIVE DECLARATION - 1. The'Mitigated Negative Declaration meets CEQA and the Cityls -requirements for environmental evaluation of a project of•this nature. AGENDA ITEM N:). I�, � PAGE: 3 OF-L3- PAGE FOUR - CITY COUNCIL MINUTES -,JUNE 22, 1993 2. The Mitigated Negative Declaration was. submitted and reviewed in accordance with CEQA and procedures established by the City of Lake Elsinore. FINDINGS - COMMERCIAL PROJECT 1. The proposed design implements the plans and design - - guidelines of Specific Plan 90 -1 Amendment No. L 2. The project complies with the goals, objectives and policies of the General Plan and the zoning district in which the project is located. 3. The project complies with design directives contained in Chapter 17.82.060 and all other applicable. provisions of -the _.Lake Elsinore Municipal Code. 4. Conditions, and safeguards pursuant to Chapter 17.82.070, including guarantees and evidence of compliance with conditions;. -have been incorporated, into the approval of the subject project to. ensure, development of the property in accordance with the objectives of Chapter 17.82 and the planning district,in which the site is located. ONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90- 1. Design of the Outlet Center shall meet all standards and guidelines contained in Specific Plan 90 -1 Amendment No. 1. 2. Mitigation measures contained in the, Mitigation Monitoring Program for the project shall be implemented in accordance with the program. 3. The, applicant shall undergo. the City's design review process again, if the project's site plan is later revised to allow development of the on site wetlands as parking area. 4. If the on site wetlands are developed, the ,applicant shall provide. replacement mitigation area off site, in accordance with requirements of the California Department of Fish and Game and the U.S. Army Corps of Engineers. CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90 -6 (REVISED) 1. The applicant shall either,continue , to implement and /or comply with .those conditions that were approved with the original Outlet Center Specific Plan 90 -1. 22. 1993 -94 Fiscal Year Budget Public Hearing. Mayor Washburn noted that one additional workshop is proposed for this year's Budget. City Manager Molendyk noted that the State'Budget was adopted on Monday and more specifics will be available for the workshop which has been set for July 1, 1993, at 2:00 p.m. AGCNE:A IiEm No. ''� PAGC- 'I OF —I —� PAGE FIVE -.CITY COUNCIL MINUTES- JUNE 22, 1993 MOVED BY WINKLER, SECONDED -BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS PUBLIC HEARING TO THE NEXT 'REGULAR CITY COUNCIL MEETING JULY 13, 1993, TO ALLOW FOR THE FINAL WORKSHOP ON JULY 11 1993... 23. Publi -c earinc[ -on -Fisca Year 1993 -94 Citvwide Lichtina and City Attorney Harper explained this item and noted that it is for the annual levy of assessments. He further noted that no rate increase is contemplated for this year's program. Mayor Washburn opened the public hearing'at 7:21 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:27 p.m. Councilwoman Cherveny questioned the original establishment of this District and the stipulation that senior citizens would qualify for a 50% rebate. She noted that it.was` originally limited to people who were senior citizens on that . date and not available to those becoming seniors after that date. "She inquired whether it would be possible to exempt all senior citizens, noting that she has.been contacted by a number-of seniors. City Attorney Harper confirmed that it could be applied - .across the board, however it might be appropriate to investigate- why the Council 'did not take that action previously. He indicated that this approach is generally used to phase in an assessment. Councilman Winkler noted that when originally established the requirements for eligibility were set to assist those long term residents already living in the Community, as new residents are advised of the assessment before they purchase. He further noted that in checking with the Finance Department, there are currently 35 resident's taking advantage of this rebate. Councilman Alongi read the existing- Council Policy for Senior Citizen Rebates and indicated that he would like to see this apply to any senior citizen, noting that he does not want to discriminate against new residents. He noted that in general senior citizen discounts are applied,to all seniors. City Attorney Harper clarified' the legal difficulties and justification for not having 'exemptions apply across the board. Mayor Washburn noted that to date the rebates have seemed to work fine. Councilman Alongi- expressed - concern that most people donft understand the existing policy. He noted that he would have no concern with limiting the rebate to property owners only. MOVED BY DOMINGUEZ, SECONDED-BY WINKLER TO ADOPT RESOLUTION NO. 93- 35 CONFIRMING THE 1993 -94 ASSESSMENTS WITH NO INCREASE. Councilwoman Cherveny questioned the ability to include a provision regarding the senior rebates in the resolution. Councilman Winkler indicated that he would not mind reviewing AGENDA ITEM NO. A' PAGE �� OF PAGE SIX - CITY COUNCIL MINUTES - JUNE 22v °1993 that matter further, but he would still limit the exemptions to those who owned property at the time the .District was formed. City Attorney .Harper clarified that this Resolution was adopting the Engineerfs Report; however if the resolution is approved, it could be brought back later for amendment, since no one would be paying this assessment before December 10th. Councilman Winkler called for the question. THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTING THE DISSENTING VOTES. Mayor Washburn requested that the City Manager review the senior rebate program and determine the potential impact of expanding the program. Councilman Alongi expressed concern in light of improvements on the Lake and questioned whether newcomers should be required to pay more. 24. Determination of .Vicious Dog - 17116 Gunnerson. City Manager Molendyk explained this item,regarding a brown male pitbull, at 17116 Gunnerson Avenue,, owned by Rick Callirgos and Yolanda Triana. Willa Bagwell, representing L.E.A.F., explained they were called out on. June 16, 1993, because this pit bull was chasing a girl and her :mother down the street; and the indication was that_this` has occurred previously. She further. explained that the dog attempted to attack L.E.A.F. representatives as well. She showed the Council the chain the dog was dragging behind it, which she estimated to ,weigh 30 pounds. She expressed concern that the owners have no fence around their yard and children and other animals can approach the dog. She noted that the owners do have a sign posted that there-is a vicious dog. She further noted that since the dog has been at the shelter it has continued to act viciously. She indicated that she feels the dog should be in„a Kennel. The girl who was chased by the dog detailed the incident in which the dog chased her mothers car. .She expressed concern in that children walk through that area, . „ Rick Callirgos and Yolanda Triana, owners of the dog indicated that they had been out of town and the dog.broke loose because it was alone. Ms. Triana indicated that if similar incidents had occurred she had not been informed of them. She detailed the configuration of her property and indicated that the dog protects the property. She advised that the dog is usually double chained to where it can not get within „6.to 8 feet.of walkways. Mr. Callirgos indicated that the dog is not vicious, noting that he has.children and others visit. He suggested that the dog has acted poorly at the shelter because it is alone. He indicated that he was not aware of how the dog broke the chain, noting that there was not evidence of the chain being broken.. He indicated that he would be willing to follow set guidelines for another chance to keep the dog. a�!Z)A ITEW./ ) PASS __ G .. OF PAGE SEVEN - CITY COUNCIL MINUTES - JUNE 22, 1993 Councilman Winkler inquired whether other reports had been `,received by L.E.A.F. Ms. Bagwell indicated that the dog had bitten Viand animal control officer in another city. Mr. Callirgo advised that the dog did bite the officer, however the officer had moved to pet the d'og to quickly and was at fault. Councilman Winkler inquired whether other reports had come to L.E.A.F. Ms. Bagwell indicated that there had only been reports of a dog matching this description running loose in this area. Councilman Winkler questioned the documentation presented and whether the dog was to be •deemed vicious or potentially dangerous. Ms. Bagwell clarified that the petition is for a finding of potentially dangerous only because the dog has not bitten yet. Mayor Washburn inquired what L.E.A.F. ,'s recommendation would be. Ms. Bagwell indicated-that -she would recommend that the dog be housed in a kennel behind a fence. Mayor Pro Tem Dominguez noted the photographs and information provided and indicated that the yard is not fenced, the dog is running loose and is not licensed.- He- inquired whether the dog has had its shots. The owner indicated that the dog is not yet licensed because they just recently moved in. Ms. Bagwell indicated that she has previously contacted the owner and requested that they provide water and shade for the dog and license it. Councilwoman Cherveny inquired tow long the owners had lived in the City. They indicated they had moved in two months ago. Councilman Alongi expressed concern- that- this dog is improperly fenced and confined.,rHe stressed "the need for the .dog to be confined, because keeping it on a chain does not provide safety for the public. He recommended that the dog be properly confined or destroyed. Councilman Winkler indicated that he would concur with declaring the dog vicious. Ms. Bagwell questioned the period of time the Council would want L.E.A.F. to hold the dog. Ms. Triana inquired whether the requirement would be to provide fencing and a kennel. Councilman Alongi noted that "the kennel should have a cement slab to prevent the dog from digging out. He noted the difficulty for L.E.A.F. to board and feed dogs for a long period of time. Mayor Washburn clarified the recommendations of L.E.A.F. Councilman Winkler questioned'a reasonable time limit for the owners to provide adequate facilities. Ms. Bagwell indicated that L.E.A.F. has already had the dog for 7 days, but they could probably house.it for an additional week. ITL-f:, NO. FP.GL OF -L3 PAGE EIGHT - CITY COUNCIL MINUTES -.JUNE 220, 1993 Councilman Alongi stressed.the space limitations at the animal shelter. Ms. Bagwell indicated that these requirements were expressed to the owners 5 days ago and to date nothing has been done. Councilwoman Cherveny questioned the willingness of the owners to build a kennel. The owners advised that they would build one, but more time would be needed.. They further advised that they had offered to neuter the dog to calm, it down, as discussed with a veterinarian, however they had been given only 3 or 4 days notice of this hearing. Councilwoman Cherveny inquired whether the owners had approached a veterinarian because of previous aggressiveness. The owners indicated they. had only mentioned it when in for a regular veterinarian- visit. Councilman Alongi indicated that he would not be in favor of releasing the dog back to the owner, however,.a muzzle might be adequate until a kennel can be built. Councilwoman Cherveny noted that the - -dog must appear to be very aggressive and vicious qr L.E.A.F. would not feel so strongly. She stressed the animal control officers compassion for . animals. She inquired whether two weeks to build the kennel would be adequate and whether they would be willing to pay room and board to L. E.A.F. The owners indicated that they could not afford to pay this. Councilman Alongi expressed concern that this dog could endanger the other animals. The owner indicated they would muzzle the.dog and keep it inside. Councilwoman Cherveny stressed that she does not want to see further problems and does not want to regret a decision to allow the owners,another chance. She also stressed.the need ..to follow the recommendations of L.E.A.F..as the Cityfs animal experts. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO DECLARE THE DOG POTENTIALLY DANGEROUS AND GIVE THE OWNERS TWO WEEKS TO. BUILD A SUITABLE FACILITY; AND FURTHER THAT THE DOG NOT BE TURNED OVER TO THE OWNERS UNLESS IT IS LICENSED AND NEUTERED AND ALL FEES ARE PAID. Councilman Alongi expressed concern that the animal might still escape. Councilman Winkler stressed that the dog should not be released until the owner has provided. facilities with which L.E.A.F. representatives feel comfortable. Ms. Bagwell indicated that she would have no problem with the dog being in the house, but stressed the need for the dog to be in a kennel within a fence otherwise. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. BUSINESS ITEMS 31. Notice of Completion for Asphalt Rubber Chip Seal and AGENDA 11, EM NQ, PAGE OF PAGE NINE - CITY COUNCIL MINUTES.. - JUNE 22# 1993 Miscellaneous Street Improvements: City Manager Molendyk commented on this project. Councilman Alongi inquired whether the contractor was present. He indicated for the record that this work had been done very well. MOVED BY ALONGI, SECONDED BY CHERVENY,iAND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE RECORDATION. 32. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER NO. 3 FOR THE PHASE II TRUNK SEWER AS DETAILED ABOVE. 33. Councilwoman Cherveny noted that she was. please. to see a change order which included two - decreases. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE RECORDATION. 34. Sheriff Contract - Facility Charges. City Manager Molendyk commented .on.the loss of revenues at the County as well as the City level, caused by the State budget adjustments. He explained that: two. years ago the booking fees were passed on to the City at a rate of about $100,000 per year. He further explained_ that this year the facility maintenance costs are being passed on. He noted that this is a total increase of $134,000 without-additional officers. MOVED BY"CHERVENY, SECONDED BY ALONGI TO APPROVE THIS CONTRACT AMENDMENT. Mayor Washburn questioned the ownership of the, building in which the Sheriff's Department is housed. Mayor Pro Tem Dominguez indicated that it is owned by the City. Mayor Washburn indicated that he would not mind approving this item subject to verification of` ownership. Administrative Services Director Boone indicated that.it was his understanding that the City does not own it. He further indicated he would check for a land lease. City Manager.Molendyk suggested..that.this item be tabled for further investigation. THE FOREGOING MOTION WAS WITHDRAWN,.: AGENDA ITEM NO. I PAGE TEN - CITY COUNCIL MINUTES - JUNE 22j 1993 MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM FOR TWO WEEKS. 35. Eire Protection Agreement - Fiscal Year 1993 -94. City Manager Molendyk indicated that this was part of the existing agreement for fire services. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO TABLE THIS ITEM UNTIL AFTER THE BUDGET. WORKSHOP. 36. State Budget Impact - Riverside County Fire Services Withdrawal from Structural Fire Tax Fund.. City Manager Molendyk explained that a series of meetings have been held between local contract cities and the County Fire Department to consider potential benefits of "withdrawing from the Structural Fire Tax Fund. He noted previous Council action on February 23, 1993, on this matter which supported this withdrawal. He advised that based on the provisions of the State budget adopted this week, the recommendation would now be to remain in the District.. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RESCIND PREVIOUS ACTION TO WITHDRAW. FROM THE STRUCTURAL FIRE TAX FUND AND REMAIN A PART OF THIS DISTRICT. 37. Second Reading - Ordinance No. 958 - Specific Plan No. 90 -2 North Peak. MOVED BY CHERVENY, 'SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO. 958: ORDINANCE NO. 958 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING AMENDMENT 11 TO THE NORTH PEAK SPECIFIC PLAN (SP 90 -2) (TMC COMMUNITIES). UPON THE FOLLOWING ROLL CALL VOTE: AYES:. NOES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WINKLER 38. Second Reading - Ordinance No. 959 - -Special Events Permit Process. MOVED BY CHERVENY., SECONDED BY ALONGI TO ADOPT ORDINANCE NO. -.959: ORDINANCE NO. 959 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGARDING SPECIAL EVENT PERMITS. UPON THE FOLLOWING ROLL CALL VOTE: AGENDA ITEM NO. PAGE OF_�3_ PAGE ELEVEN - CITY COUNCIL MINUTES — JUNE 22, 1993 AYES: COUN_CILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, . WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE .- ABSENT: COUNCILMEMBERS: NONE 39. Lake Maintenance & Operations. Mayor Washburn noted the Council action on June 18, 1993, authorizing staff to proceed with a contract to clean up.the algae. City Manager Molendyk noted that the Council had also hired Dr. Sutton to assist in reviewing the biological recommendations.; He advised that the estimated cost at this time is $343,000 and the contract should be signed this week with application to start.on approximately June 28th and be completed by July.2nd. Councilman Alongi inquired whether the County had been asked to contribute to the clean up. Mayor Washburn indicated that he had prepared a .letter on behalf of the .Council to the Supervisor's Office. . 40. Eastlake M.O.U. - Discussion requested by Councilman Winkler. Councilman Winkler noted the Water District Meeting held this date and the agreement which they approved. MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE AGREEMENT. Councilman Winkler noted that the most significant issue was the guarantee_of,no litigation on the E.I.R. Councilwoman Cherveny questioned why the City. was a party to this agreement rather than.just -the developer and the Water District. Mayor Washburn advised that the City is a party because'it certifies the E.I.R. Mayor Washburn questioned the need for City or Redevelopment Agency verbiage. City Attorney Harper clarified that most issues are areas of City legal authority. Councilwoman Cherveny questioned page 2 of the agreement with regard to the 31,000 acre feet of water, while the Development Agreement indicates 27,000. Mayor Washburn clarified that it will ultimately depend on the flood control district criteria, as their approval is needed to proceed. City Attorney Harper: advised that as a practical matter this would make no difference. Councilwoman Cherveny questioned page 4 of the agreement regarding the Hex 4.Study at a cost of $20,000. City Manager Molendyk clarified that this cost would also include the inundation maps. Mayor "Washburn questioned page 7 of the agreement regarding water rights, and whether it would only be tied to the A3ENL7A ITE 0 NO. 1, A^1�, 1 PACE H OF- � .1. PAGE TWELVE - CITY COUNCIL SINUTES - JUNE 220- 1993 tentative maps for this project. City Attorney Harper confirmed that it would pertain only to this project. Councilwoman Cherveny inquired whether the Stadium would be subject to the water right issue. City Attorney Harper clarified that while it was part of 'this, project, it is not part of a tentative map. He noted that there are still matters to be clarified, because the stadium is a City project on City property as opposed to the developer. Councilwoman Cherveny clarified that the stadium is a Redevelopment Agency project. Councilman Alongi questioned who would pay for the Hex 4 Study. City Attorney Harper indicated that the developer will. Councilman Alongi commented that he felt this agreement was unnecessary and expressed concern with third party involvement in the project. He noted the City's responsibility. to ensure 'that the 33,780 gallon storage capacity will be preserved at all times. City Attorney Harper clarified the City's obligation. Councilman Alongi indicated that issue should be part of the E.I.R., not part of the report. City. Attorney Harper indicated that this was not an accurate statement. Councilman Alongi expressed concern that this document is one of distrust on the part of the Water District. Councilman Alongi noted the comments of the Mayor on page 7 regarding water rights and questioned why the City would give them up. Mayor Washburn advised that it was part of the Agreement to Fill and Operate. Councilman Alongi suggested that this item be postponed to allow for further investigation. He addressed comments in the Californian and expressed opposition to this M:O.U.,' He suggested that the section regarding arbitration should make the party responsible for and wrongs, responsible for costs. Councilman Winkler called for the question. THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DISSENTING VOTE. PUBLIC COMMENTS - NON- AGENDISED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTS Deferred to Redevelopment Agency Meeting. CITY COUNCIL COMMENTS Deferred to Redevelopment Agency Meeting. CLOSED SESSION None. AGENDA ITEM. NO. PAC=- I ')-.OF 2 I PAGE THIRTEEN - CITY COUNCIL MINUTES - JUNE 22, 1993 ADJOURNMENT The City Council Meeting was adjourned at 8:24 p.m. to June 29, 1993, at 2:00 p.m. for a Special Meeting regarding the Municipal Stadium. ATTEST: VICKI KASAD, CITY CLERK CITY OF LAKE ELSINORE GARY M. WASHBURN, MAYOR CITY OF LAKE ELSINORE AOENDA ITEM NO. PAGE 1 3 OF—LZ�..