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HomeMy WebLinkAbout03-14-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 NORTBHAIN STREET LAKE ELSINO~E, CALIFORNIA TUESDAY, KARCR 14, 1995 " *************************************************************** CALL TO ORDER The Regular city Council Meeting was called to order by Student Government Day Mayor Kimberly Fox at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Student Government Day Police Chief Danielle Robinson. PRESENTATIONS/CEREMONIALS A. Report on Student Government Dav. (F:142.3) Student Mayor Kimberly Fox detailed the Student Government Day activities and noted that the Students really look forward to this opportunity. Student Administrati ve Services Director Kelly De Martino commented on the financial operations of the city. - Student Community services Manager Bridget James detailed her tour of the city parks and facilities. Student Councilmember Daniel Vejar commented on his tour of city Hall and detailed the day's activities. Student Public Works Manager Erica Craig commented on her perceptions of the day. Student Mayor Fox indicated that she learned what it takes to be the Mayor and expressed understanding of the difficulty of the position. Student Councilmember Kirsten Kelley indicated that her day included review of this evening's agenda and a tour of City Hall. Student Mayor Elaine Rodarme indicated that she learned much about being the Mayor and noted that this was a great program. Student Police Chief Danielle Robinson indicated that she had a great day and a tour of the Police facility. Student Mayor Fox commented on the Mock Council Meeting held as part of the day's activities and indicated that their discussion centered on tourism and recreation. She further PAGE TWO - CITY COUNCIL MINUTES - MARCH 14, 1995 Council be invited to the schools to meet with the students and discuss the issues. He thanked Councilman Alongi for the information provided and the day. student Mayor Fox thanked the City representatives for their participation and for the education provided to the students. THE STUDENT COUNCIL RELINQUISHED THEIR SEATS TO THE HAYOR AND CITY __ COUNCIL AT 7:10 P.M. Mayor Washburn commented on student Government Day and noted the energy and excitement of the Students. He indicated that many of these students would be seen on City Councils in the future. ROLL CALL PRESENT: COUNCILHEHBERS: ALONGI, BENDER, BRINLEY, PAPE, WASHBURN ABSENT: COUNCILHEHBERS: NONE Also present were: city Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone , City Planner Leslie, Building & Safety Manager Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Kelley and City Clerk Kasad. B. Presentations - State Awards of Excellence - California Parks & Recreation. (F:56.1) Mayor Washburn noted that City Manager Molendyk spent many years in Parks and Recreation before becoming a City Manager; as well as serving as President of the California Parks and Recreation Society. He explained that the City received two awards from that organization at their annual conference in San Jose. He noted that nearly every City in California was represented at that Conference. City Manager Molendyk explained that nearly 400 cities were competing for these awards and the City was recognized for the Kids on Track Program Logo and the Design of McVicker Canyon Park. -- He commented on the efforts to win these awards and advised that City Employee Jill Delaney designed the Award winning logo and presented her with a Certificate of Merit for her contribution. He presented the CPRS award for the Logo to the City Council. He further commented on the award for McVicker Canyon Park, which recoani7.e!=!. it-!=!. llniNll". r'I".C:;Nn RoO .0"....1"'.;........,:, +-1-.",+- +-1-._ PAGE THREE - CITY COUNCIL MINUTES - MARCH 14, 1995 to that discussion: Item No. 31. - CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 9, 10 and 11. MOVED BY BRINLEY, SECONDED BY PAPE AND CARRIEP BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: (F:44.4) a. Regular City Council Meeting - February 28, 1995. The following Minutes were received and ordered filed: b. Planning Commission Minutes - February 15, 1995. (F:60.3) c. Design Review Committee Minutes - February 15, 1995. (F:60.4) 2. Received and ordered filed the Building Activity Report for February, 1995. (F:32.2) - 3. Received and ordered filed the Investment Report for January, 1995. (F:12.5) 4. Ratified Warrant List for February 28, 1995. (F:12.3) 5. Approved Cost Recoveries for Abatement as presented below and authorized placement of special liens against the annual tax bill through the Riverside county Tax Collectors Office: (F:32.4) a. 1305 Pottery - Secretary of Veterans Affairs. b. 30181 Riverside - Jerry/Michalene Seiberling. c. Lot on Robb Road - Komerica Development. 6. Adopted Resolution No. 95-12 regarding Declaration of Weeds, Rubbish, Refuse and Dirt as a Nuisance and Ordering Abatement Notices to be sent to Property Owners. (F:166.1) RESOLUTION NO. 95-12 A RESOLUTION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DECLARING THAT CERTAIN WEEDS, RUBBISH, REFUSE AND DIRT AS DEFINED IN SECTION 14875 OF THE HEALTH AND SAFETY CODE OF THE STATE OF CALIFORNIA AND CHAPTER 8.32 OF THE LAKE ELSINORE MUNICIPAL CODE CONSTITUTE A NUISANCE AND REQUIRE A NOTICE TO BE GIVEN TO THE PROPERTY OWNER IN ACCORDANCE WITH DIVISION 12, PAGE FOUR - CITY COUNCIL MINUTES - MARCH 14, 1995 RESOLUTION NO. 95-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, DECLARING ITS INTENTION TO VACATE PORTIONS OF SAGECREST DRIVE AND CANYON VIEW DRIVE AND SETTING A PUBLIC HEARING THEREON. 8. Adopted Disaster Preparedness Resolution Nos. 95-14 & 95-15. (F:74.1) RESOLUTION NO. 95-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKB ELSINORB, _ CALIFORNIA, APPROVING PARTICIPATION IN THE STANDARD EMERGENCY MANAGEMENT SYSTEM OF THE STATE OF CALIFORNIA. RESOLUTION NO. 95-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING THE AGREEMENT FOR PARTICIPATION IN THE OPERATIONAL AREA ORGANIZATION OF THE COUNTY OF RIVERSIDE. ITEMS PULLED FROM CONSENT CALENDAR 9. AcceDtance of Boatinq and Waterways Boat Launch Grant - Resolution No. 95-16. (F:84.8) (F:92.1) Councilman Alongi questioned the amount of this Grant. Manager of Special Projects Watenpaugh indicated that it includes $800,000 for the first phase and clarified that the second phase will be funded later for a total of $1.3 million. MOVED BY ALONGI, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BOATING AND WATERWAYS GRANT OF $800,000 TO DEVELOP A BOAT LAUNCH FACILITY AND ADOPT RESOLUTION NO. 95-16 AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT AND ACCEPTING THE TERMS OF THE GRANT. ~ RESOLQTION NO. 95-16 A RESOLUTION OF THE C'ITY OF LAKE ELSINORB ACCEPTING THE DEPARTMENT OF BOATING AND WATERWAYS GRANT OF $800,000 TO DEVELOP A BOAT LAUNCHING FACILITY. 10. AcceDtance of Quit Claim Deeds for Various City Proiects. 11. Acceptance of Grant Deeds from Various city Proiects. (Fi132.1) Councilman Alongi commented on item nos. 10 and 11, noting that he has opposed these dedications for many years. He stressed that they should not be given up to the city and questioned why they continue to be required. He expressed concern with the verbiage "valuable consideration" clause for their receipt of a permit. He indicated that he would yote no on both items. MOVED BY BRINLEY, SECONDED BY BENDER AND CARRIED BY A VOTE OF 4 TO 1 WITH ALONGI CASTING THE DrSSENTING VOTE TO ACCEPT THE FOLLOWING DEEDS AS PRESENTED AND AUTHORIZE RECORDATION: '" .. PAGE FIVE - CITY COUNCIL MINUTES - MARCH 14, 1995 - PUBLIC HEARING 21. General Plan Amendment 94-1 Amendina the Circulation and Housina Elements. and Technical Updates of the Land Use Element & Other Elements of the 1990 General Plan - Resolution Nos. 95-17 and 95-18. (F:83.2) city Manager Molendyk explained that the city is initiating the proposed amendments to the circulation and housing elements for the city's General Plan. He noted that the circulation plan updates the city's traffic model for future growth. He commented that the City council had a study Session which addressed both issues and the suggested changes have been incorporated into the document presented. Mayor Washburn opened the public hearing at 7:22 p.m. and asked that those persons wishing to speak on the matter to come forward. - Mariana Mohylyn, 305 West Sumner, expressed concern regarding the changes to the General Plan. She questioned the qualifications of the persons doing the analysis for the General Plan, and asked that the City give consideration to the homeless as the plan is updated. Mayor Washburn asked if any other persons wished to speak on the matter. Hearing no one the public hearing was closed at 7:28 p.m. Mayor Pro Tem Bender questioned Item 85 which reads: "Developments shall be subj ect to school impact fees as assessed by the school district." He indicated that this leads him to understand that the City is abrogating its responsibility and rights for fees to the School District. He noted that he understood the need for the School District fees, but his interpretation of this verbiage is that all developments will be subject to school impacted fees as assessed by the School District. He explained that he felt that the wording would be more appropriate if it were to state that i~ is required by law, or by State law. He pointed out the difficulties the City of Temecula is having regarding the assessment of school fees. Mayor Pro Tem Bender suggested that the wording be changed to avoid any future problems. city Attorney Harper stated that he had no problems with the chanae that Mavor Pro Tem Bender proposed, but he reminded the PAGE SIX - CITY COUNCIL MINUTES - MARCH 14, 1995 nothing about it, as they do not have jurisdiction. City Attorney Harper stated that the dispute is between the School District and the Developer. Mayor Pro Tem Bender stated that it seems that if the language is not ,changed, then theoretically the School District could prevent the issuance of occupancy, even if the City feels that the fee is fair or not. City Attorney Harper stated that unfortunately that is the case no matter what the City's opinion is. He explained that school districts will litigate over fee disputes and the law is very unclear, but it appears that a school can assess fees based upon the requirement to mitigate environmental _ concerns through CEQA. He noted that as an example it could result it over-crowded schools. He further explained that when the city processes the Environmental Impact Report the School District has the opportunity at that time to require the assessment of those fees anyway. City Attorney Harper stated that in the future the legislature may address the inconsistencies of the outstanding court cases and give directions as to the intent of the statute addressing school impact fees and set an amount which can be collected. Mayor Pro Tem Bender stated that he would be much more comfortable with wording that states: "Development would be subject to school impact fees as required by State Law." He explained that he felt that this would be better verbiage. Mayor Washburn stated that ei ther a policy statement or language in the General Plan shows support for the School District in letting them negotiate their arrangements with the developers. City Attorney Harper stated that the city has a Policy Statement based upon agreement with the School District at the time, which basically states that after the approval of the Tentative Map and prior to the approval of the Final Map the City will encourage negotiations between the parties and attempt to resolve any possible disputes. He explained that a school district cannot assess school impact fees other than _ pursuant to law, therefore there is no reason that the language Mayor Pro Tem Bender has suggested cannot be added in order to provide clarity. Mayor Washburn stated that he had no problem with the change. Mayor Pro Tem Bender questioned item 43 which addresses Transportation Demand Management and item 48 which addresses air quality for employers and asked if they were in conflict with each other. He asked which would take precedence over the other if there is any conflict. City Planner Leslie explained that this is an ongoing situation which the City has to deal with in regard to plans that SCAG and Air Quality Management are putting forth. He noted that the Transportation Demand Management comes from State Legislation and must be followed in order to qualify for a portion of the gas tax funding and Air Quality has rules regarding the Clean Air Act. He stated that in answer to Mayor Pro Tem Bender's question, the ci ty must take the most stringent of the requirements and that is what applies. Mayor Pro Tem Bender suggested that if the City did not adopt item 43 and just left item number 48. then there would b2 no conflic~_ riTV Pl~nnor PAGE SEVEN - CITY COUNCIL MINUTES - KARCH 14, 1995 would save the builder quite a bit of interest and he hopes that this procedure will be followed since the fund~ cannot be used by the District and the developer has to pay 1n~erest on the funds until his project is complete. He expla1ned that this would create a considerable savings. - city Attorney Harper stated that the statue tells the city when they must collect the fees. Councilwoman Brinley asked what the Planning commission was looking for regarding crime prevention related to item number 71. City Planner Leslie stated that the Commission suggested that one way to monitor the mitigation measures for crime was to develop a check list and as the project is reviewed the project manager can go down the check list and note the measures that would apply and then develop a more specific narrative on the measures that need addressing. He explained that members of the Planning Commission had recently attended seminars at some of the conferences and it was suggested that it go beyond a check list for mitigating monitoring measures and suggested that the City provide a check list for the applicants which would give them things that they could do, security wise, to build a better secure project. City Planner Leslie stated that this would address single-family homes, mUlti-family projects and commercial projects. He explained that staff will be working on both items to address safety. - Councilwoman Brinley asked that city Planner Leslie address trail systems and car-pooling. City Planner Leslie explained that the basic bike plan includes a special lane on the ultimate roadway that is for bicycles only and is not part of a car lane and is totally separate. He noted that Planning commission pointed out that some of the equestrian trails are actually multi-purpose trails, which bicycles can travel on as well as pedestrians who wish to walk or jog. He noted that most of the trails are not wide enough for both an unpaved equestrian trail as well as a paved pedestrian and bicycle lane. city Planner Leslie explained that the other issue Planning Commission addressed was adding more into the bike plan, rather than providing bike lanes on certain roadways which would encourage bike travel. He indicated that they suggested the addition of bike racks with different uses in development projects, requiring bike racks to be used with park and ride facilities and possibly requiring employers to provide facilities that would encourage bike travel to and from work. He noted that if it were a large enough employer they could provide shower facilities in the office or plant to allow the person to freshen up after their ride to work. Councilwoman Brinley thanked the Planning Commission for their input. Mayor Pro Tem Bender stated that to his understanding this still allows the Planning Department to determine the specifics and that there would be no immediate demand to mandate all the items regarding bikes now, but rather what the city would like to see done. city Planner Leslie stated that PAGE EIQHT - CITY COUNCIL MINUTES - MARCH 14, 1995 that the City had flexibility both in bike trails and security devices since there are so many possible changes. city Manager Molendyk confirmed the fact that the policy agreement that the City has had with the School Board is that the City collects the school fees at the issuance of permit in order to receive the fees at the appropriate time. City Planner Leslie clarified the process and explained that at the time of building permit issuance the City requires the developer or builder to get clearance from the School District. He stated that at the time the developer or builder goes to the School District to acquire clearance, they are required to pay the school fee in order to provide the City with the authorization to proceed. -- City Attorney Harper stated that any dispute that might arise in regard to when the fee should be paid is between the developer and the School District. He explained that it is not an issue that the City has jurisdiction over. He stated that all that the City is obligated to do under the statute is to facilitate and not issue certificates of occupancy prior to clearance of the School District which is the paYment of their fee, but at what time the School District requires the paYment of fees is between the School District and the developer. Councilman Alongi stated that even through the utilities the City is not consistent. He stated that n the General Plan it states that "prior to an issuance of the certificate of occupancy the fee must be paid". He made note of the fact that Elsinore Valley Municipal Water District does not require the developer to pay for the water meter until the water meter is installed, nor do they expect him to pay the sewer connecting fee until the connection is made. He explained that the School District fees are almost the same amount of __ money and they are asking for paYment prior to the building even being started. He noted that during the building period, prior to the ability to sell, the money the School District collects is costing the developer a substantial sum of money in interest that he has several months before he can even make an attempt to recover. Councilman Alongi stated that the certificate of Occupancy is the same guarantee as not issuing a building permit. He noted that if the developer had a problem with the School District, the City would not allow the buildings to be occupied. He explained that if the City is not going to abide by the General Plan the way it is written, then it needs to be changed. Mayor Washburn stated that developers are a lot more savvy than they used to be, and now pull 15 to 20 permits instead of the whole project. He explained that since the City worked with the School District five years ago to enact the policy, he did not see a need to change it. He noted that even if the developer pulled 15 permits and paid the school fees, those permits are only active for six months and that is a short window of time to nroduce_ PAGE NINE - CITY COUNCIL MINUTES - KARCH 14, 1995 ,..... city needs clearance from the School District whether it occurs the first day the developer walks through the door or on the last day prior to requesting a certificate of Occupancy to verify that the fees have been paid. city Attorney Harper stated that the General Plan Policy just precludes us from issuing a certificate of Occupancy without the School District first receiving their fees and the issue of the timing of the fees isn't in the control of the city anyway. He noted that it is a combination of statute and the School District. councilman Alongi noted that the fact that the city will hold up the permits for the sake of the fees involves the city in it. He stated that his concern is that the General Plan does not reflect that issue. He stated that if the city is going to require that the fees be paid at the time Building Permits are issued, then it should appear in the General Plan. He explained that when a developer or builder comes to the City and they pick up the General Plan and read it, it should state the procedures because otherwise it is misleading to the developer. Councilman Alongi stated that the way it is written tells him that he can build his home, but before he can move in the school fees should be paid. city Attorney Harper stated that he felt that adding language which states at the end of the sentence "at the time required by the School District", would be helpful. Mayor Washburn asked if the language is consistent with the General Plan on this topic and what the city has been doing. City Planner Leslie stated that it was consistent with current practice. ..-.. Councilman Alongi stated that if the city wants the policy to say that the school fees be paid at the time of the issuance of Building Permits, then it should state so. He explained that otherwise it is misleading. City Attorney Harper asked if his suggestion was acceptable. Councilman Alongi stated that it was since it would make the School District responsible. City Attorney Harper clarified the language as follows: "Prior to the issuance of certificates of Occupancy, at the time required by the School District. Councilman Alongi concurred. Mayor Washburn asked if staff would have a problem with that verbiage. City Planner Leslie stated that they would not. MOVED BY ALONGI, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE TO APPROVE RESOLUTION 95-17 AND 95-18, SUBJECT TO THE FINDINGS LISTED BELOW, WITH REVISIONS TO NUMBER 84 ADDING LANGUAGE READING "AT THAT TIME REQUIRED BY THE SCHOOL DISTRICT" AND NUMBER 85 TO INCLUDE "DEVELOPMENT BE SUBJECT TO SCHOOL IMPACT FEES AS REQUIRED BY THE SCHOOL DISTRICT AND THE STATE LAW". RESOLUTION NO. 95-17 PAGE TEN - CITY COUNCIL MINUTES - MARCH 14, 1995 RESOLUTION 95-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, CERTIFYING THE SUPPLEMENT TO THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE LAKE ELSINORE GENERAL PLAN AND GENERAL PLAN AMENDMENT 94-1, AND ADOPTING THE FINDINGS, AND THE STATEMENT OF OVERRIDING CONSIDERATIONS. Findings 1. General Plan Amendment 94-1 and the technical Clean-up revisions are consistent with the goals of creating a comprehensive, well-integrated General Plan for the City of Lake Elsinore. - 2. The Circulation and Housing Element amendments are necessary for the sound future of community development, the preservation of city-wide values and promotion of the general health, safety, welfare and convenience of the citizens of the City of Lake Elsinore. 3 . The amendments to the Circulation Element and Housing Element meet the goals, objectives and policies for those elements and theses amendments are internally consistent with all other elements of the General Plan. 4. The Housing Element substantially complies with state Housing Law, Article 10.6 of the California Government Code, section 65580, et seq, in spite of potential remaining concerns by Hcn with respect to unmet housing need, emergency shelters, transitional housing and the Redevelopment Agency Low and Moderate Income HQusing Fundi and this finding also includes that certain statement of Findings attached as Exhibit "A" for the Housing Element amendment GPA 94-1 in accordance with Government Code section 65585 (f) (2). - BUSINESS ITEMS 31. Second Readina - Ordinance No. 994 - relatina to Nuisance Abatement Procedures. (F:32.4) Mariana Mohylyn, 305 W. Sumner, commented on the Nuisance Abatement Hearing process and expressed concern with this type of action against property owners. She suggested that this item be deferred to a study session. Councilman Alongi indicated that he would be voting no, because he is still opposed to the $100 fee. MOVED BY PAPE, SECONDED BY BRINLEY TO ADOPT ORDINANCE NO. 994 UPON SECOND READING BY TITLE ONLY: ORDINANCE NO. 994 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE. PAGE ELEVEN - CITY COUNCIL MINUTES - KARCH 14, 1995 ABSENT: COUNCILKEKBERS: NONE ABSTAIN: COUNCILKEKBERS: NONE "..... Mayor Washburn stated that it has come to his attention through the news paper of a potential discharge of Title 22 water upstream. He asked that Council place this on the Agenda with a 4/5ths motion to enable Council to discuss this issue titled "Water Quality, Drainage Issues". MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY A 4-1 VOTE WITH BENDER CASTING THE DISSENTING VOTE TO PLACE THE SUBJECT OF "WATER QUALITY, DRAINAGE ISSUE" ON THE AGENDA AS ITEM NUKBER 32. 32. Water Oualitv. Drainaqe Issue. (F:92.1) (X:164.1) (X:81.1) Mayor Washburn noted the concerns that the community faces with the Lake. He explained that water quality issues have been discussed with L.E.M.A. and E.V.M.W.D. and stressed that water quality will be an issue in this community for years to come. He stated that the phosphorous intake that the Lake recei ves from storm run-off or from ei ther purposeful or accidental discharge from up-stream users of phosphates generates a large problem to the algae growth within the Lake. Mayor Washburn stated that all entities in the watershed are responsible for all the water and the Lake within this community. He noted that this was the purpose for adding this issue to the Agenda and would assist in giving staff clear direction for them to work with the services districts and special districts within this watershed to prevent confusion. - Councilman Alongi stated that everyone knows what a problem we have with the algae in the lake and that he has the article from the news paper which is a very short article. He read the article to the audience as follows: Officials from Elsinore Valley Municipal Water District and Eastern Water District agree that the discharge of treated sewage water starting at the eastern Sun City plant off Murrieta road, that could end up in Canyon Lake and Lake Elsinore does not appear to present a health problem, but nutrients like prosperous could aggravate the algae bloom problem in Lake Elsinore in the summer. The reclaimed water is safe enough to swim, but the State does not allow it to be used for drinking water because storage ponds or treated sewer water could fill up or threaten by erosion in the anticipated storms. The decision was made to release the reclaimed water into Salt Creek in Sun city which flows into Lake Elsinore Valley. While Canyon Lake is drinking water, sources of Elsinore Valley Municipal Water District will turn off its water filtration plant at the Lake if monitoring shows any affect on the water before it reaches the Lake. The District would then rely on wells to import water. - ~. PAGE TWELVE - CITY COUNCIL MINUTES - KARCH 14, 1995 further stated that the Council needs to direct staff to aggressively petition against these actions. Councilman Pape asked if staff could research how many different agencies and facilities are involved upstream that have the ability to dump reclaimed water into the system that will eventually end up in our Lake. He stated that he is not sure if we even know how many facilities are involved, but the watershed is huge and consists of hundreds of square miles and it is some of the impuri ties that are coming from that watershed that aggravate the algae problem in the Lake. Councilman Pape explained that the main type of food for blue- green algae is phosphorous and if reclaimed water is sent downstream it contains a very high prosperous content which increases the phosphorous level in the Lake and promotes blooms. He stated that any water introduced into the Lake should have a reduced phosphorous level to help to dilute what is already in the Lake; which would help to reduce the algae problem. Councilman Pape stated that the purpose of this item is to address the problem with the different agencies and see if we can solve these problems. Mayor Washburn stated that the discharge that was reported in the article Councilman Alongi read, did not occur. He explained that the Sun City/Menifee treatment plant did not release any water because the storm did not hit the area with the impact that was thought would occur. He noted that there must be long term solution to the Lake and one of the major problems has been the evaporation rate, therefore the City in conjunction with Elsinore Valley Municipal Water District has entered into an agreement to use treated water, but meeting standards that are greater than some of the discharges that would be occurring up-stream, if further filtration did not occur. Mayor Washburn explained that there is a need for treated water for a high evaporation rate under extreme conditions for the Lake, if additional treatment occurs which the City has in their agreement with the Water District. He noted that if Beaumont, Banning, or San Jacinto who are up- stream, were to release water with a high phosphate content our problem would have been highly aggravated. He stated that it is the intent of Council to make a possible decision to instruct staff to work with the jurisdictions and see how all the organizations, whether its WRCOG, LEMA, Supervisorial District, other cities, and water quality boards start working on the issue of water quality throughout the watershed. Mayor Pro Tem Bender stated that he wanted to let the public know why he voted no to place this on the Agenda. He explained that his feeling regarding placing things on the Agenda it that it should be an emergency item which cannot wai t for the next regular meeting to be held. He commented on the fact that he thinks its great to inform the public of the potential watershed problems and he has been attempting to do so for the last two years. He noted that this issue is not an e~ergency, and he does not view this as a problem at this - - PAGE THIRTEEN - CITY COUNCIL. KINUTES - KARCH 14, 1995 - sees this as reactionary and noted that the city must stay in a proactive mode to deal with the other agencies. councilwoman Brinley stated that the reason she voted to place the item on the Agenda was because of several calls she had recei ved over the weekend because of the article. She explained that she felt to keep people from forming incorrect opinions or panicking, it was better to address the issue and explained the city's concern and the fact that we will be monitoring the issue and work with the different agencies. She noted that the public has been concerned about the Lake for a long time and they need to know that the City council is staying on top of the situation. councilman Alongi stated that he disagrees with Mayor Pro Tem Bender regarding one small article in the paper. He explained that when it is going to take approximately $1.9 million to clean the Lake and there is still a potential of discharge of water from up-stream, it is a concern of the community and the Council. Councilman Alongi stated that he is glad that they did not discharge water, but they did not notify the City that they were considering it and now is the time to be aggressive and find out how the city can monitor the inflow and protect the Lake. He noted that the city does not want to spend $5,000,000 to clean the Lake from further problems. - KOVED BY WASHBURN, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO DIRECT STAI'P TO WORK WITH ALL JURISDICTIONS IN OUR WATERSHED TO GATHER INPORMATION ON THE WATERSHED, TREATMENT PLANTS, POSSIBLE DISCHARGE AND POLLUTION POINTS THROUGHOUT THE WATERSHED AND THE IMPACT IT WILL HAVE ON THE LAKE AND OTHER DOWN STREAM USERS AND CONTACT WATER QUALITY CONTROL TO STATE OUR CONCERNS. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Barbara Anderson, representing the Black Art & Cultural Club, commented on activities of her organization and*p2076Xthe scholarships they provide for area students. Antonio Archiega, 315 N. Poe Street, requested Council support in retaining the bank at the First Trust Bank site, noting recent discussion of closing that facility. Peter Dawson, 18010 Grand Avenue, expressed concern with recent discussions relating to the Lake and stressed the importance of all involved agencies to work together for a useable Lake. Mariana Mohylyn, 305 W. Sumner, expressed concern with nuisance abatement procedures and suggested that Redevelopment Agency funds be used to assist property owners in this process. She also expressed continuing concern for the homeless. - Chris Hyland, 15191 Wavecrest, expressed concern with comments at the previous city Council Meeting made by Chris McColley. She indicated that she will continue to express her opinion as a taxpayer in this city. She further thanked Councilman Alongi for - . - I . PAGE FOURTEEN - CITY COUNCIL MINUTES - KARCH 14, 1995 CITY COUNCIL COMMENTS Mayor Pro Tem Bender commented on the following: 1. stressed the importance of the Lakesho~e Drive Bridge Project and the need to resolve concerns and conflict to get the project underway. He further stressed that it is the responsibility of the City Council to develop solutions. Councilwoman Brinley commented on the following: - 1. Thanked staff and the Planning Commission for their efforts on the General Plan update. 2. Thanked staff for their efforts on Student Government Day. She indicated that it was fun to watch the students experience government. 3. Announced that the Temescal Canyon High School "Cow Plop" tickets are still available for $5 each and noted that this is a fundraiser for Grad Night. Mayor Washburn added that the prizes are $1,000, $500 and $250. Councilman Pape commented on the following: 1. Expressed his enjoyment of Student Government Day, noting that it has be ongoing for eight years based on the initial efforts by Assistant City Manager Rogers. He noted the positive outlook and comments by the students and suggested it might be wise to expand on this spirit. 2. Noted the Award received for McVicker Canyon Park and stressed the continuing commitment of the city of expand park facilities. He further stressed that this is one community that does not have a shortage of lighted ball fields. - 3. Advised that another Crime Sweep was done on the 905H area which was very successful wi th 43 arrests, 17 children removed from unsafe environments, Medi-cal fraud findings which alone will save the State $67,000 for the year, etc. He noted that there will continue to be sweeps such as this. 4. Expressed disappointment with recent discussions regarding the future of the Lake. He stressed the importance of the agencies working together to address it, 'because it is the primary issue in the Valley. He further stressed the importance of quality water and algae removal and noted that some preliminary discussions have occurred with State legislators to gain support. Councilman Alongi commented on the following: 1. Addressed letter received from Robert De Watt regarding PAGE FIFTEEN - CITY COUNCIL MINUTES - MARCH 14, 1995 3. Read a memo from the City Attorney regarding Conflict of Interest and stressed that if the value of his building is not increased by a benefit of $10,000 or more, there is no conflict. 4. Addressed discussions with other agencies concerning the Lake and stressed that they will continue to be here. He commented that LEMA was originally formed for land condemnation, and noted that the City wanted out of LEMA previously. He stressed that the problems need to be resolved fairly. - 5. Commented on the Lakeshore Drive Bridge and related detours, and noted that he was not looking for a decision on this agenda. He indicated that the bridge should have been done a long time ago and stressed the responsibility of the Council to protect the citizens of the Community. He suggested that the Mayor set a study Session to look at where the money for the detour can come from. 6. Indicated that he was delighted to participate with the Students. He concurred that the City Councilmembers should go to the schools and respond to questions from the students. He suggested that the Mayor write to Schools to establish such a program. Mayor Washburn commented on the fOllowing: 1. Addressed Mr. Archiega regarding First Trust Bank and advised that he has written a letter and will be meeting wi th representati ves of F. D. I. C. and First Interstate Bank to encourage them to remain in Lake Elsinore. He noted that letters from the public to both organizations would be helpful. - 2. Questioned the number of days it was anticipated that the Lakeshore Drive bridge would be closed for construction. Public Services Director Tecca indicated that he was not certain at this time, but that information should be available after the pre-construction meeting on March 15th. Mayor Washburn indicated that while he would not support a Study Session on this topic, he would support two Councilmembers meeting with staff and business owners to evaluate alternatives. Councilman Alongi stressed the impact of this closure on the Community. Mayor Washburn stressed that to find those dollars would require a budget adjustment. He suggested that he and Councilman Alongi serve on the committee. CLOSED SESSION None. ADJOURNMENT - MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE fIIn 'A..n_TnTTDV mUD DD~nT..n nTrnv ""'~YIJl1r... ...88,......."',. .... A _.... .... ...