Loading...
HomeMy WebLinkAbout03-22-1994 City Council MinutesMINQTES REGOLAR CITY COIINCIL MEETING CITY OF LARE ELSINORE 183 N. MAIN STREET LARE ELSINOREs CALIFORNIA TIIESDAY~ MARCH 22~ 1994 s*+t*+e+r**r**:*********,tit,t,t*,t,-+t*************rrrtt***s*t****r*r*,t*,r* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:05 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Washburn. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI~ CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENTe COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, City Planner Leslie, Acting Chief Building Official Russell, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, City Treasurer Pape and City Clerk Kasad. A. Proclamation - Adam McDonouah - (F:120.1) Mayor Washburn introduced Adam McDonough and his fathero He read and presented him with the Proclamation and City pins. Mayor Washburn congratulated Adam on his accomplishments and encouraged him to continue his efforts. B. Update on Outflow Channel Pro~ect. (F:92.3) James Lowe, 3 B's Construction, detailed the improvements which will occur over the next 15 days and advised that Graham Avenue should be open by April 1, 1994. He noted the impact of the recent rains on the project and detailed future road closures including Chaney Street, Sumner Avenue and Heald Avenue. Councilwoman Cherveny commented that she had received a number of phone calls from parents and expressed concern with the danger for children at Swick/Matich field. She noted that there is a berm in that area and access to the channel. She questioned the possibility of placing a fence at that location to prevent access. Mr. Lowe suggested that City representatives contact the Corps of Engineers to request such a measure. He noted that temporary fences have been placed in other areas of concern. He also noted that permanent fencing for the channel is under discussion. Councilwoman Cherveny stressed the importance of preservinq safety for the children. Councilman Winkler noted the location of Swick/Matich Field and explained the area of concern. He further noted that the PAGE TWO - CITY COIINCYL MYNiJTEB - MARCH 22~ Y994 area hacl been reviewed by the City Manager this afternoon. Mayor Pro Tem Dominyuez questioned the status of Limited Streete Mr, Lowe indicated that Limited Street will be in place next week, but clarified that is will not impact the detours. He further clarified that as soon as the bridge is done, "K-Rail1° will be placed on both sides to prevent access. klayor Pro Tem Dominguez further questioned the use of this bridge for traffic. Mr. Y.owe further clarified that he has no direction to complete this bridge for traffic. Mayor Flashburn acknowleclged a request to speak on this item. Mrs. Palraer, 308 N. Langstaff, e~ressed concern that she had never realized the danger this project presents to children in tfie area. She noted her understanding of the importance of this project, but detailed a situation in which her son fell in and became stuck in the mud, which resembles quicksand. Skae stressed that the schools are presently on Spring Break and the children are out of school. She stressed the attractive nuisance ~his project provides for children and suggested the placement of a fence in this area to deter access to the channelo I+Iayor Washburn requested that Sheriff;s Captain Xankee advise his officers to watcka the area during patrolsp ancl requested that City Manager Molendyk advise the schools of this concerno City Manager I+Iolendyk asked that Public Services Director Tecca and Engineering riIanager O°DOnnell bring this problem to tkae Corps of Engineers and requested consideration of fencing, Mrs. Palmer stressed her belief that a fence is not too much t~ ask for in ~nsuring safety for the children. She further stressed that Spring Break is underway. 1~Iayor Washburn thanked Mrs. Palmer for her information and concern, PUBLY~ COMMENT~ - AGENDYZEID ITE;MS ltequests were receivecl to adciress tfie followinc7 items when appropsiate to do so: Item Nos. 31, 33, 34, 35, 36, and 37. CONSEN'1' CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 5, 6, 7, 8 and 90 1~IOVED BY CHERVENY, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approvede (F:44.4) a. City Council Study Session - March 3, 1994. b. Regular City Council Meeting - March 8, 1994, PAGE THREE - CITY COIINCIL MINUTES - MARCH 22, 1994 c. Joint City Council/Redevelopment Agency Study session - March 10, 1994. 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for February, 1994. (F:18.2) 3. Received and ordered filed the Building Activity Report for February, 1994. (F:32.2) 4. Received and ordered filed the Code Enforcement Activity Report for February, 1994. (F:54.1) ITEMS PIILLED FROM CONSENT CALENDAR 5. Warrant List for March 16, 1994. (F:12.3) Councilwoman Cherveny questioned the disbursement to the Temecula Indians for $5,000 and asked if it was in addition to the amount previously discussed. City Attorney Harper clarified that this was the actual payment of the amount previously discussed and agreed upon. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY THE WARRANT LIST AS PRESENTED. 6. :52.2 Councilman Alongi questioned the reason this claim was filed on the City for an incident which occurred at the High School. City Attorney FIarper explained that in many cases, the attorney will file against every public agency which might have a liability in connection with the incident. He further explained that many people are not aware of the separate powers held by the City, the School District, the County or the State. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO REJECT THE CLAIM OF JOSEPH M. BERTINE AND REFER IT TO THE CLAIMS ADMINISTRATOR FOR HANDLING. 7. - Tract 20704 & 20705 - Friedman Homes. (F:132.1)(X:160.2) Councilman Alongi indicated that he needed clarification on the property to be accepted, and requested that the matter be postponed due to confusion on the type of land to-be accepted. He noted that he would want to know if it was hilly or flat, whether the City would be acceptinq it for maintenance, etc. MOVED BY ALONGI, SECONDED BY CHERVENY TO CONTINUE THIS ITEM TO THE NEXT CITY COUNCIL MEETING. Councilwoman Cherveny noted discussions with Engineering Manager O'Donnell and Manager of Special Projects Watenpaughy and requested that City Attorney Harper research the matter. She noted that this might be only slopes and questioned the reason for accepting it. City Attorney Harper clarified that the issue to be determined is the current status of the property. He indicated that if it has only been offered and not accepted as part of the tentative map it can be rejected. PAGE FOIIR - CITY COIINCIL MYN[TTES - ASARCH 22~ Y994 Mayor Washburn expressed curiosity at who had brought this i~em up, since slopes have been accepted in the past. Councilman Alongi indicated that he had a question as to what is being accepted, as does the City Attorney. City Attorney Harper clarified that if it is the ultimate intent to own the property, then the Council should go ahead and accept the dedication. He further clarified that the only real question is whether it has already been done. Engineering Manager O'Donnell indicated ichat he believed that something was received from Friedman Homes about accepting this dedication. He further indicated that he believed that this property was accepted on the final map with one exception, He clarified that it would be accepted for maintenance by the Lighting and Landscaping Districta City Attorney Harper concurred that he believed after review of the map that it would be found that the property was already accepted and this would in effect, clear up a title issue. Mayor Washburn indicated that he would vote against the continuance. THE FOREGOING MOTION FAYLED TO CARRY BY A VOTE OF 2 TO 3 WITH DOMINGLJEZ, i4ASHBURN AND W%NKI~ER CASTING THE DISSENTING VOTESo MOVED BY WASHBURN, SECONDED BY DOMYNGUEZ AND CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND CHERVENY CASTYNG THE DISSENTYNG VOTES TO ACCEPT LOTS A, B, C, D& E OF TRACT 20705 AND LOTS A, B, C, D, E, F, G~ FY~ Y, ~& K OF TRACT 20704 FOR STREETS~ OPEN SPACE AND EASEMENT PURPOSES AND AUTAORIZED THE CITY CLERK TO RECORD THE GRANT IDEED. $ o LOW 171~2Y'2St - HOTI12 Tmt~rnvamant T.nan Drnnr»n _ - Resolution No. 94-18. (F:87.ij Councilman Alongi noted that many homes in the Community still have asbestos. He que'stioned the changes previously discussed and whether they have been incorporated into the program. He eatpressed concern that he has not seen written confirmation of those changes. City Manager Molendyk suggested continuance of this item for two weeks to provide the ma~erial requested. MOVED BY ALONGI, SECONDED BY CHERVENY TO CONTINUE THIS DISCUSSION TO THE REDEVELOPMENT AGENCY MEETING. AFTER DISCUSSION AT THE REDEVELOPMENT AGENCY MEETING, IT WAS MOVEI) BY DOMYNGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANYMOUS VOTE TO ADPT %2ESOLUTION NO. 94-18a RESOLUION NO. 94-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, SUPPORTING THE REDEVELOPMENT AGENCY GUARANTEE OF THE LOW INTEREST HOME IMPROVEMENT LOAN PROGRAM SPONSORED BY THE 1ST TRUST ~ANK. PAGE FZVE - CITY COIINCIL MIN[TTES - MARCH 22v 1994 9. MOVED BY ALONGI, SECONDED BY CHERVENY TO ADOPT RESOLUTION NO. 94- 19. Mayor Pro Tem Dominguez suggested that a Study Session be scheduled on this with Mr. Ballew and the Planning Commission to discuss the intent of this district. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. RESOLUTION NO. 94-19 A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS TO ALLOW THE PLANNING COMMISSION AND THE CITY COUNCIL TO CONSIDER THE AMENDMENT OF SECTION 17.11 OF THE LAKE ELSINORE MUNICIPAL CODE (ORDINANCE NO. 952) TO TRANSFER THE AUTHORITY TO IMPLEMENT THE "HISTORIC ELSINORE" DESIGN STANDARDS FROM THE DESIGN REVIEW COMMITTEE TO THE PLANNING COMMISSION. PIIBLYC HEARINGS 21. Collier Avenue Wetland Mitigation Site. (F:156.2) City Attorney Harper explained that this item is to address the mitigation site and take issues. He advised that after discussion with the property owner, he feels it would be in everyone~s best interest to continue this item for 30 days to determine a settlement of a future direction. MOVED BY WASHBURN, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS PUBLIC HEARING TO APRIL 26, 1994. BIISINE88 YTEMS 31. Reauest for Waiver of Fees - Sa Use of Cultural Center. (F:151.1 City Manager Molendyk explained this item. He noted that the original request was for use of the Community Center, but staff's feeling was that it would be more appropriate to use the Cultural Center. He explained that staff~s recommendation is based on the existing cost recovery policy. Ruth Willmes, 111 S. Kellogg, indicated that the request was for a complete waiver of fees for the proposed art show. She advised that the proceeds would be going to H.O.P.E. Mayor Washburn inquired whether this Church has undertaken such an art show before. Mrs. Willmes indicated that they have not, however, they have a person who has done them before. Mayor Washburn inquired how many people were anticipated. Mrs. Wilmes indicated that they anticipate 200 to 300 pieces of art. Councilman Alongi explained this item. PAGE ~I% - CITY COIINCIL MINOTES - MARCH 22a 1994 Councilwoman Cherveny questioned the source for funding waivers such as this. Mayor Washburn indicated that it would be General Fund. City Manager Molendyk clarified that it would be General Fund Reserves which would offset the costs. Councilwoman Cherveny expressed concern for the budget which is already strapped. She indicated that she was not sure it was appropriate to go in to the General Fund Reserves. She ~uestioned other possible areas from which to allocate surplus £undso Councilman Alongi indicated that he feels the funds are found when they are needed. He supported the willingness of someone to bring events to the Center. He indicated ~hat he felt the funds should be waived, and noted that it was only a$1,250 request. He noted that it would be an opportunity to benefit ~he Community. He suggested tha~ the fees be waived for this even~ and the event be evaluated for its success and what it gives to the communityo Mayor Washburn addressed items 31, 32 and 33, indicated that attempts are being made for the City to be run as a business. He no~ed that all of these events are proposed for tfie downtown area and suggested that instead of waiving the fees, ~he funds be set aside from the D.B.A. monies. Mayor Pro Tem Dominguez indicated that he would concur that the Ci~y wants the organizations to use the building, but stressed the need to run the City like a business, MOVED BY DOMINGUEZ~ SECONDED BY ALONGI TO WAIVE 50% OF THE FACILITY COSTSe Councilman Winkler noted that he provides pro-bono legal services to this church, but recently agreed to accept $10 in gayment. He questioned his potential for conflict on this ~ssueo City Attorney Harper indicated ~ha~ he did not see a probleme Mayor Washburn indicated that he would fiave no problem in assisting, but funds should be from an earmarked source of funds. COUNCILMEMBER DOMINGUEZ AMENDED HIS MOTION TO INCLUDE EARMARKING OF FUNDS FOR THIS LTSE WITH 50$ WAIVER OF FEES AND THE BALANCE TO COME FROM THE $16,000 FROM THE D.B.A. Councilwoman Cherveny commented that the $16,000 has not yet been collected. City Attorney Harper expressed concern with using these funds for purposes other than that which they were collected for. He indicated ~hat he would review the possibility and provide an opinion. MOVED BY CHERVENY, SECONDED BY ALONGI A SUBSIDYARY MOTION TO APPROVE THE WAIVER OF 50~ OF THE FEES WITH THE BALANCE TO COME FROM Z'HE GENERAL FUND. Councilman Winkler indicated ~hat he Paould support the subsidiary motion, noting that he wrould agree with the use of PAGE SEVEN - CITY COIINCIL MINIITES - MARCH 22, 1994 the D.B.A. funds, but litigation is ongoing. He indicated that he does not want the church or the community to suffer. THE SUBSIDIARY MOTION WAS APPROVED BY UNANIMOUS VOTE. 32. Mayor Washburn requested a review of the funding alternatives. Cultural Center. (F:98.1) MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO WAIVE 50~ OF THE FACILITY COSTS WITH THE BALANCE TO COME FROM THE GENERAL FUND. Mayor Washburn commented that he has no problem with this waiver, but suggested looking at a means of using in-kind services. Councilwoman Cherveny requested clarification that this request was for the Community Center. Gary Kelley concurred. Mayor Washburn questioned why meetings were not being held at the Library. Mr. Kelley indicated that due to County cutbacks, the Library is closed on the Wednesday meeting day. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. 33. Reauest for Waiver of Fi Frontier Davs. (F:108.4) City Manager Molendyk e~cplained that the Chamber of Commerce has requested that the City assist with $5,000., to off-set the fees for the cost of the paradeg or to donate the personnel and $1,500 to assist with the parade. Richard O'Neal, Special Events Chairman, Chamber of Commerce, gave the history and an overview of the request for Frontier Days Parade and Rodeo and asked that the City Council consider their request. Councilman Alongi asked that the Chamber consider reserving four days for the Sierra Rodeo Circuit in exchange for the support and assistance of the City in the amount of $5,000, for the Frontier Days Rodeo and Parade. Mr. O'Neal stated that he could not make a commitment without the Chamber Board's approval. Jeep Shelton, Executive Director, Chamber of Commerce, explained that she would like to meet with Councilman Alongi and discuss his request. Councilman Alongi asked what the deadline was for response to this loan request. Ms. Shelton explained that the Chamber is on a tight schedule due to the parade and there is a need to get an answer from City Council as soon as possible. Linda Lambergine, Grand Ave., asked that Council approve the request from the Chamber for the Parade. She explained that her daughter was only one of 200 entries for the Parade and PAGE EYGHT - CITY COUNCIL MINZ7TES - MARCH 22s 1994 that this was an event which gave the children pride in their community and the opportunity to participate. April Lambergine, student, eacplained that she and her cheerleading team marched in the Temecula parade and they wanted to participate in a parade in Lake Elsinore since this is their own town and they are proud of it. Mr. O'Neal stated that his committee did need an answer tonight in order to organize the bands and give final approval for participation. Mayor Washburn stated ~hat last year the City gave $3,000 and then charged the appropriate feese Councilman Dominguez asked that the consideration for the four days for the Sierra Circuit be made part of the motion. MOVED BY WASHBURN, SECONDED BY WINKLER TO APPROVE THE REQUEST FOR THE WAIVER OF FEES AND A DONATION OF $1,500. Councilman Alongi stated that he had no problem with the parade, however the parade is used as a promotional item to generate activity for the Rodeo which is a profit generating activity and the profits from the rodeo go directly to the Chamber. He explained that there was a problem, last year, providing grounds for the Sierra Circuit and he feels that all entities need to work together to make all the events take place. MOVED BY ALONGY, A SUBSIDIARY MOTION TO APPROVE THE REQUEST FOR THE WAYVER OF FEES AND A DONATION OF $1~500' IF THE CHAMBER OF COMMERCE WYLL RESERVE THE RODEO GROUNDS, AT NO COST TO TAE USER EXCEPT FOR THE UTILITIES, FOR FOUR DAYS FOR THE SIERRA CIRCUIT RODEO. Mr. O'Neal explained that he could not commit the Chamber to a decision regarding the Rodeo grounds and their use until suchtime as he has the opportunity to meet with board to get a decision. THE SUBSIDIARY MOTION DYED FOR LACK OF A SECOND. Councilwoman Cherveny stated that the motion was for $5,000, if the amount of fees and the donation of $1,500 is considered and she explained that she would like to see Council remain consistent with the other requests and allow 50~ of the $5,000 as were the Council ciecisions regarding the other organizations. MOVED BY CHERVENY, A SUBSIDIARY MOTION TO ALLOW 50% OF THE $5,000 TO BE GRANTED TO THE CHAMBER OF COMMERCE. THE SUBSIDIARY MOTION DIED FOR LACK OF THE SECOND. Mayor Washburn then asked for a vote on the main motion. THE MAIN MOTION WAS APPROVED BY A VOTE OF 4-1 WITH CHERVENY CASTING THE DISSENTING VOTE, Councilman Alongi explained fhat he had voted yes to the PAGE NINE - CITY COUNCIL MINOTES - MARCH 22s 1994 motion so that he might have an opportunity to bring the issue back to the CounciL 34. City Manager Molendyk gave an overview of the proposed project and explained that Mr. Mann's request is based on the fact that these lots are part of the downtown in-fill project. He explained that he felt that with the right architecture the Redevelopment Aqency and City Council might consider incentives such as giving relief like a waiver of fees which would amount to approximately $11,000. Mr. Molendyk explained that he felt that this was a concept that should be considered by City Council to encourage revitalization of the downtown area. He explained that staff is concerned that the design of these homes, though approved by the Design Review Committee, only minimally meets guidelines established within the "Historic Downtown Design Standards". Councilman Alongi expressed concern over Condition No. 21 which reads: "On-site drainage shall be conveyed to a public facility or accepted by the adjacent property owner by a letter of drainage acceptance or conveyed to a drainage easement." Ae explained that there was a development that was built on Campus Way and the City allowed the drainage to go from one piece of property to the other and then the property was sold and the new owners could not reroute the water to the street. xe indicated that because of that situation he would like to see each individual property drain into the street to avoid any future problems when the property is sold. Mr. Alongi noted that these are single-family residences being built on multi-unit lots and wanted to know if the zoning would be chanqed because of this. Ae stated that he would like to see something in writinq that would not prohibit someone else from building multi-family housing on their property. He stated that he had a concern in regard to the minimum drive-way widths which prohibits the building of a granny-flat or apartment behind the dwellings. Councilman Alongi stated that he felt that by allowing this design the City was taking the multi-unit properties off the market and reducing the possible supply of affordable housing, or entry level housing. He stated that design is always a problem and he felt that i~ was up to Council what they would want and expect. Councilman Dominguez questioned the R-2 zoning and the fact that there are single-family residences being built on these lots, and questioned whether it would change the current zoning. City Planner Leslie explained that the zoning will remain a multi-family zoning and could allow additional units to be put on the property. He clarified that the design is ultimately affected by the parking requirements. Councilwoman Cherveny stated that she had voted no because she did not think that it was fair to award more to the Chamber of Commerce than was given ~o the other organizations. PAGE TEN - CIT% COIINCIL MINtiTEB - MARCH.22a 1994 City Manager Molendyk stated that based upon former instructions to staff, the direction was to consider R-1 or a duplexes for that area. He further stated that staff was not instructed to allow for granny-flats or second dwelling units. He stated that he felt that the developer was attempting to provide what the City is requiring. Councilman Winkler stated that in the past he has made his position very clear in regard to the fact tha~ he would not favor incentives given to anything other than single-family dwelling units. He does not favor multi-family dwelling units and feels tha~ they should not receive incentives. There was general discussion regarding fhe renderings of the project. City Manager Molendyk explained that what Mr. Mann has requested is consideration of the feeso but he would like Council to be comfortable with the product as well. Mayor Washburn explained that the request before the Council is not the design, but rather the question of whether or not to subsidize Capital Ymprovement Fees for an enhancement of the area. He explained that staff is looking for policy direction. Councilman Winkler explained that he had no problem with supporting higher quality R-1 to upgrade the downtown area and encourage private ownership. Councilman Alongf asked why this Council objects to duplex units. He stated tha~ the public is misinformed regarding a duplex units causing crime. He explained that the property presented affords itself to traditional affordable housing, He sta~ed that he did r-ot have a problem with waiving the Capital Improvement Fees, or assisting with the street, curb and gutter, but he stated that he felt in taking those actions that Council had an obligation to serve all of the public and not just part of it; and all of the public includes those that are not able ~CO afford to buy a house. He stated ~.hat the City is responsible to supply that type of housing. He stated that the City does not have the right to deny, to anyone who buys the--property, the right to extend the property to its fullest value. Air. Alongi stated that there is no parking issue in regard to duplex units and explained that it is very easy to place a unit over a two or three car garage and witla duplex units the cars are allowed to back into the street therefore the parking is not an issue. He stated that if the houses were moved over approximately one and a half feet then the ability to have access to the back of the property would existo Mr. Alongi explained that he would have to vote agains~ any proposai tfia~ would not allow the full expansion of the property providing the zoning is intact. City Planner Leslie stated that if there were units built behind the main dwel3ing unit, then it could cause a parking problem. Mro Alongi stated that if a two story unit were built then the parking would be addressed by the garage. Councilman Alongi stated that if this item is ~urned down it would not be because of ~he parking issue, but rather that PAGE ELEVEN - CITY COIINCIL MINIITES - MARCH 22, 1994 this Council does not have an interest in providing low income, entry level or affordable housing. He stated that this type of housing has been neglected and needs to be addressed. Councilman Dominquez stated that what is being addressed is not low income housing, but in this particular instance it is the design set up for the Historic Downtown area. Councilman Alongi stated that the design has nothing to do with either a single-family or a duplex. He eacplained that in the 1920's and 1930's there were many duplexes and multi- family dwelling units in existence and the design can be carried from the front or the rear of the property. Councilman Alonqi expressed his views regarding Council's views on low income housing. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO APPROVE THE REQUEST FOR WAIVER OF FEES AS SUGGESTED BY STAFF AND SUBJECT TO THE CONDITIONS OF APPROVAL WITH CONDITION NO. 21 AMENDED TO REQUIRE ALL ON-SITE DRAINAGE FOR EACH LOT, TO BE CONVEYED TO A PUBLIC FACILITY. Pamela Powell, representing Steven Mann, e~cplained that the lots involved in this project are abated lots which previously had structures on them. She stated that Mr. Mann is attempting to replace them with quality product. She further explained that the request for the waiver of fees was offered as an incentive to build on abated lots versus lots that had never been built on before. Mayor Washburn then called for the question. Councilman Alongi asked for a roll call vote. Plannina Division Conditions 1. Design Review approval will lapse and be void unless building permits are issued within one (1) year of the Design Review Committee approval date. 2. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 3. Dwellings on lots 213 and 225 shall have a 22' foot front setback. Dwellings on lots 219 and 229 shall have a 25 foot front setback. This will eliminate the long row- house effect. 4. Building elevations shall be revised to incorporate the recommended colors and architectural design features illustrated on Exhibit 30 of the Historic Elsinore Architectural Design Standardse 5. Applicant shall use roofing materials with a minimum of class "B" fire rating. If asphalt roofing material is used on sloped roofs it shall be the quality of Presidential Shake three dimensional shingles. Roofing material to be used shall be subject to the approval of PAGE TWELVE - CITY COIINCIL MINUTEB - AtARCH 22B 1994 the Community Development Manager or designee, prior to issuance of building permits. 6a The project shall connect to sewer if a sewer line is within 200 feet of the project boundary unless it is demonstrated to the satisfaction of the Chief Building Official that this is infeasible. If the project does not connect to sewer, applicant shall submit a Soils Report which includes a sewage disposal plan referenced to the grading plan and approved by the Riverside County Health Department. 7. Applicant shall plant street ~rees, selected from the City Street Tree List, a maximwn of thirty feet (30') apart and twenty four inch (24") box in size as ~o meet the approval of the Communify developmen~ Manager or designee. 8. All exterior air conditioning units, shall be ground mounted and screened so that they are not visible from neighboring property or public streets. A six-foot (6~) high fence shall be constructed along the side and rear property lines and shall conform to Section 17.14.080 (Fences and Walls), subject to the approval of the Community Development Manager or designee prior to issuance of Certificate of Occupancy. The use of chain- link fencing detracts from the overall 1920's concept, therefore is prohibited. Walls and fences over three (3) feet in height in front year areas are strongly discouraged. It is the overall intent to maintain a smooth transition between public and private spaces, and to maintain a"friendly" community identity. 10. Prior to issuance of building permits, applicant shali provide assurance that all required fees to the Lake Elsinore School District have been paid. 1Y. Prior to issuance of building permits, applicant shall pay park-in-lieu fee in effect at time of building permit issuance. 12. The address (in numerals at least four inches (4") high) shall be displayed near the entrance and be visible from f~he front of the unit. 13. Each of the four units shall be designed to incorporate a distinct type og architec~ural enhancement such as brick, stone and siding in order to grovide some distinction between the units. These treatments shall be carried around the side of the building for a minimum of 12 feet. ~naineering Department Conditions 14. All Public Works requirements shall be complieci witfi as a condition of development as specified in the Lake Elsinore Municipal Code at the time a building permit is issued. 15. Dedicate underground water rights to the City (MUnicipal PAGE THIRTEEN - CITY COIINCIL MINIITES - MARCS 22~ 1994 Code, Title 16, Chapter 16.52.030). Document can be obtained from the Engineering Department. 16. Pay all Capital Improvements and Plan Check fees (Municipal Code, Title 16, Chapter 16.34; Resolution No. 85-26). 17. Submit a"Will-Serve10 letter to the City Engineering Department, from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to applying for building permit. 18. If existing street improvements are to be modified, existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. An encroachment permit will be required to do the work. 19. Pay all fees and meet requirements of encroachment permit issued by the Engineering Department for construction of off-site public works improvements (Municipal Code, Title 12, Chapter 12.08 and Resolution 83-78). 20. Provide street lighting and show lighting improvements on street improvement plans as required by the City Engineer. 21. On-site drainage shall be conveyed to a public facility. 22. All natural drainage traversing the site shall be conveyed through site or provided for by a method approved by the City Engineer. 23. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to the issuance of building permit. Prior to any grading, applicant shall obtain a grading permit and post appropriate security. These building sites will require a grading plan. 24. All existing damaged sidewalks, curb and gutter shall be replaced as required by the City Engineer. THE FOREGOING MOTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYESe COUNCILMEMBERS: CHERVENY, DOMINGUEZ, WINKLER NOES: COUNCILMEMBERS: ALONGI ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: WASHBURN 350 Proiectl. (F:67.1 City Manager Molendyk noted that this property had been used PAGE FOIIRTEEN - CZTY COIINCIL MYNIITE~ ~ MARCH 220 1994 for a number of years as a health club and a group home for the elderlye He explained that the current request is for utiliza~ion of the facility as a group home for young girls. He stated that tfie applicant feels that the proposed use is ~lose to the psevious uses and asks that the Council waive the fee for processing a Conditional Use Permit. City P%anmmer ~eslae gave an overview og ~he requiremen~s for a Conditional Use Pex°mit and the fees whicfi are part of the cost recovery program. He stated that he did not feel that there would be a need for much construction to adapt to the requested use. Councilman Alongi stated that he would like to s2e the Council waive the Conditional BJse Permi~ because it is a service which will be provided to young girls who are abusede die eatplained ~flaat kne would like to see an eaechanqe of ~he cost of the fees for a Condi~ional Use Permit for the City to be given first consicleration for any girls in LaBce Elsirnoxe tkaat aaeed a home there. die stated that the owners have assured him that they will be setting ten beds aside for girls from the City of Lake Elsinore. Y~Iayor Washburn then asked the applicant ~o step foxwardo Bill Wixson, represen~ative of the Alpfia Project, explained the program of the Alpha Project ancl that they are a raoaa- profit organization, which does not have the funding for a Conditional Use Permit Fee. Yie stated that the funding for the project comes after the project becomes a reality such as when Conditional Use Permits are acquired and the license is received from the State af California. Iie commented that he would be available for any questions that Council migfit have. Mayor Washburn aslced if there would be a possibility, if the Conditional Use Permit were processed and approved, through the orqanizationas fundinqo be seimbussed to ~alce caxe of staff time. Nir. Wixson explained that the up-front funds are difficult gor ghe aaoa~-profit organizationa however it would s3epend upon tlae grants and donations £or this gype of projecto Mayor Washburn asked if it would then be possible. Mr. Wixson stated that it might be possible. Councilman Alongi as7cecl I~[r. Wixsora to explain tlae City fiaving first choice ~ox the girlse Mr, Wixson ~xplained ~hat the operational staff con£erxeci with the State of California and they stated that the facility can set ten becis asicle for girls from the Lake Elsinore Community. Counciiman Alongi indicated £hat was why he felt that Council shouTd waive tfie processing fee for the Conditional Use Permit. Mayor Washburn askecY how Tong the girls are -cept at the £acility and why they are thereo He asked if it involved rehabilitation for drugs or alcohoY. Nlr. B+Iixson explained tha~ the girls are counsele~ ancl referred to tYxe program and it is not for draxgs or alcohol abusea but ~or girls fro~ abused or dysfunctional families and homeless ckaildren. Y~3r. Wixson explainecl that the length of the stay would depend oan each case and the nature of the contract wdaera they erater the gacilityo Ian some anstances it ~ara go from ~he time they enter the home until tfie~ are eighteen. PAGE FIFTEEN - CITY COONCIL MINLITES - MARCH 22, 1994 Councilman Dominguez asked the age of the girls who would be placed in the facility. Mr. Wixson explained that the aqes generally range from ten to eighteen. Councilman Winkler asked if the Conditional Use Permit would still be processed. Mayor Washburn stated that it would. Councilman Winkler stated that the Council could learn more about the program at that time. MOVED BY CAERVENY, SECONDED BY WINKLER AND CARRIED BY A UNANIMOUS VOTE TO APPROVE THE REQUEST FOR WAIVER OF REQUIRED FEES FOR PROCESSING OF A CONDITIONAL USE PERMIT FOR 32281 RIVERSIDE DRIVE - ALPHA PROJECT. 36. An Ordinance Amendina Chapter 5.28 Regardina Card Rooms - Ordinance No. 977. (F:34.3) City Manager Molendyk explained that this was an Ordinance requested by the Finance Department for a clearer definition of "revenue" as it relates to Card Rooms. Administrative Services Director Boone explained that this is a housekeeping item to define the gross revenue for card rooms which is not addressed in the current Ordinance. Councilman Alongi asked what the City was sugqesting not be included in the gross figure. Mr. Boone explained that the only items listed are the jackpots or tournament bonuses which are collected from the players and returned to the players. City Attorney Harper stated that this has been the practice in the past and is now being defined. Administrative Services Director Boone explained ~hat this languaqe is found in most card room ordinances in the State of Californiao City Attorney Harper noted that the intention is that monies that go back to the player aren't counted as gross receipts. Councilman Alongi asked if the owner is agreeable to that definition. Administrative Services Director Boone stated that the owner had asked for one more item which he did not include because he felt that it was not appropriate as it was a cost of doing business. To define that it would be when the casino stakes a player into a game to get it going. Mayor Washburn inquired if the jackpot builds up, and the player wins it, does he keep all the proceeds from that jackpot or does the casino receive a portion. Administrative Services Director Boone explained that it is his understanding that the player keeps the entire amount. Larry Regis, Lake Elsinore Resort, detailed the several hundreds of thousands of dollars which have been spent improving the facility and e~lained that because of the costs involved they feel that the fee structure needs consideration. He expressed their appreciation for the consideration being contemplated regarding gross receipts. EAGE SI%TEEN - CITY COIINCIL MINIITES - MARCH 22~ 1999 MOVED BY DOMYNGUEZ, SECONDED BY CHERVENY TO ADOPT ORDINANCE NO. 977 UPON FIRST READING: ORDINANCE NO. 977 AN ORDINANCE OF THE CITY COUATCLL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, AMENDING CHAPTER 5.28 OF THE MUNYCIPAL CODE i2EGARDYNG CARD ROOMS AND PROVIDING FOR 12ULES AND REGULATIONS CONCERNING EXISTING LICENSES. UPON THE FOLLOWING ROLL CALL VOTE; AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, j+7ASHBURN NOESe COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAYNe COUNCILMEMBERSe NONE 37. New Card Room Fees/Lake Elsinore Resort (Casinol. (F:34.3) City Manager Molendyk stated that in December, 1993, new card room fees were adopted. fIe explained that at the time of purchase of the Casino the new owner had allowed $25,000 to build a leach system and the required fee for sewer connection gs nowr $1s0,000. Mr. Molendyk explained that if the City Council desires to assist the Casino, a defined quarterly fee credit can be implemented< Administrative Services Director Boone explained the fee schedule proposed to assist the Casino with the sewer fees. Councilman Alongi asked if the entire sewer fee would be ~overed. Administrative Services Director Boon explained that this would subsidize the Casino to give assistance. Councilman Alongi questioned the amount of assistance and how this would be handled. %ie asked if the City assists in the payment of the sewer connection would this set a precedent for future requests. 3~Ir. Boone explained that this is a 11one of a kind" situationo Councilman Alongi asked if this could be handled in a different way, possibly by contract or some other mechanism. City Attorney Harper explained ~hat the City cannot prevent someone from asking for the same consideration, but this issue could be approved by a credit against the ~usiness license fee. Councilman Alongi asked how this might become a Redevelopment Agency project to set up the financing. He stated that he did not have a problem with assisting with ~he sewer which will promote growth in that area, but it is a problem when it is not handled through the RDA, City Attorney Harper stated that if i~ were in an Redevelopment Agency Project Area, which it is; the Council could make a finding ~hat it is blighted and needs Redevelopment Agency funds to solve the blight; and if the funds are available from the Redevelopment Agency to assist possibly in ~he form of a grant. Councilman Alongi then asked if this project could be connected with the ~heater sewer fees and make ii~ one project. Administrative Services Director Boone explained that it is the same line that the Casino would be connecting to. Mr. PAGE SEVENTEEN - CITY COIINCIL MINIITES - MARCH 22~ 1994 Alongi stated that he understood that it was the same line, but inquired whether the theater and the casino could work as one unit with the Water District and the City. City Attorney Harper explained that the City and the theater owner have a Developraent Agreement and this is a separate issue. Mayor Washburn asked if it would not be better to wait until the Elsinore Valley Municipal Water District sets the fee before action is taken by Council. Administrative Services Director Boone explained that this item was to give staff direction to address the future fees. Councilwoman Cherveny asked City Attorney Harper if the City could use public funds to off-set the sewer expenses. City Attorney Harper explained that if it were Redevelopment Agency funds there would be no dispute and it also applies to the City funds as well. The finding would have to be that the City is assisting in solving a blighted problem. The item presented is to modifying the fee schedule to assist the owner in meeting the payment of the sewer fees and is not cash from the general fund. Councilwoman Cherveny asked if it would not be easier to reset the fee schedule for the Casino, rather than modifying the existing schedule in this manner. Councilman Dominguez asked if there was some way that the Water District could take care of this problem totally through a payment plan. Administrative Services Director Boone explained that the Water District is setting a payment plan over a five year period, but this item is to give assistance to the Casino, not to pay the sewer connection fee. Councilman Alongi commented that Councilman Winkler had previously stated that the fees don't necessarily need to be increased, but that he would like to wait until April 1, to see if there was any other interest and how the Council was going to vote regarding other Casinos licenses and then make a decision. He stated that he was under the impression that this issue would be discussed in April with regard to increasing the fees, to give the City the opportunity to study all the problems with the existing Casino and then decide if there would be a graduated fee schedule implemented at that time. Mayor Washburn stated that the Ordinance was approved regarding the fees, and he knows what the comments were, but the Ordinance was passed and the City must operate under that Ordinance. Councilman Winkler stated that he did comment that he wanted to work with the applicant and come back to Council and possibly revise the fee structure before it became effective. He stated that he would not have a problem with looking at an overall plan to phase in a graduated fee schedule if that is what Council would like to do. Councilman Dominguez stated that he felt that should be addressed before this issue is addressed. Councilman Alongi stated that he did not have a problem with PAGE EYGHTEEN - CITY DOIINCYL MINIITE~ - MARC$ 22e Y994 the fee schedule, but what he was most concerned with was finding a way to assist this business in hooking into the sewer, and doing it properly without getting in trouble witta another business in the future. He stated that he felt that this should be addressed by the Redevelopment Agency. Mayor Washburn stated that he felt that it would be in the City's interest to go with the graduated fee schedule rather than a credit because the credit could be interpreted as continuing forevero Administrative Services Director Boone stated fhat was not the intent of this item and asked the City Attorney for direction. City Attorney Harper stated that it would clepend on how the Council would like to structure it. if it is handled in the manner that Councilman Alongi suggested then the Ordinance should be amendede if at is a forgiveness of fees then ~he Ordinance will have to be amended; if the City entered into an agreement wi~h the Casino owner that the City will return to the owner 01x" amount of fees then tha~ can be set by resolution, Councilman Alongi asked if there was a Special Council Meeting coming up that this item could be placed on an Agenda. Mayor Washburn stated that he did not think that there was a meeting priox to Aprils Mayor Washburn stated that he felt that the question before Council was if they wanted the City to assist in some fashion and if so, what is appropriate. Larry Regis, Lake Elsinore Resort, gave an overview of the costs and explained that the Resort is one of the largest private employers within City Limits and detailed the different facilities that will be offered to the public. He explained that several hundred thousands of dollars have been spent and several hundred thousands of dollars more will be spent before the project is finished. He gave a list of the fees that other cities charqe per table and explained that in comparison the City of Lake Elsinore has one of the highest in the State and explained the incoane and market available. Mr. Regis stated that a graduated fee structure would allow the Casino to grow, improve and expand to become the type of business which will be an asset to the City. He asked for consideratioa from the Council. dKayor Washburn suqgested appointment of Councilman Alongi and Councilman Winkler to meet with the applicant and go over the alternatives and fee schedule, Administrative Services Director Boone asked if Council wished to give direction in regard to tfie existing Ordinance and relax the collection of fees until this issue is solved. Zt was a consensus of Council to relax the fees until this issue can be addressed. IT WAS AGREED BY UNANIMOUS CONSENT OF COUNCIL TO TABLE THE NEW CARD ROOM FEES/LAKE ELSINORE RESORT AND APPOINT COUNCILMAN ALONGI AND PAGE NINETEEN - CITY CODNCIL MINIITES - MARCH 22~ 1994 COUNCILMAN WINKLER TO WORK WITH THE APPLICANT AND STAFF TO REVIEW THE GRADUATED FEE STRUCTURE AND BRING THIS ITEM BACK TO THE NEXT REGULAR CITY COUNCIL MEETING ON APRIL 12~ 1994. 38. Law Enforcement - Use of Special Revenue.(F:127.2) City Manager Molendyk explained that because of a meeting with Captain Yankee it was brought to his attention that the City of Lake Elsinore had revenue generated through narcotics enforcement asset seizures. He stated that there is currently $28,000 available and he suggested that the money be spent on a Cushman styled 3-wheel vehicle in the amount of $13,500. and a remote control surveillance device for intelligence and court operations at a cost of $10,500. MOVED BY WASHBURN, SECONDED BY CHERVENY TO APPROVE THE PURCHASE OF ONE CUSHMAN STYLED 3-WHEEL VEHICLE IN THE AMOUNT OF $13,500 AND ONE REMOTE CONTROL SURVEILLANCE DEVICE IN THE AMOUNT OF $10,500. Councilwoman Cherveny noted that this is the first time a request for an item has been brought before Council and the funds provided as well. Captain Yankee, Sheriff~s Department, explained how and where the money was generated and explained that some tests had been run and it was found the cushman styled 3-wheel vehicle would be most effective in parking enforcement and nuisance abatement within the Downtown and Mission Trail area. He explained that this vehicle will help clean up the problem with handicap parking in the downtown area, movement of panhandling and related issues and generate additional revenue which will benefit the program in the future. Councilman Alongi asked if the Cushman would go down Nashland or Joy Street. Captain Yankee explained that this type of vehicle is best suited to the areas previously mentioned, but stated that there was nothing that would prevent the vehicle from beinq used in the Nashland or Joy Street area if it were determined that it would best serve that area on some type of special project. Councilman Alongi asked why it would not be listed for use in narcotic enforcement in other areas. City Manager Molendyk explained that the vehicle is for traffic enforcement and would generally not be operated by a sworn officer. Councilman Alongi indicated that the report stated that the vehicle would be used for parking enforcement, narcotic and nuisance abatement; and all of those issues are not located just in the Downtown area or on Mission Trail. Captain Yankee explained that the reason that the Downtown area and the Mission Trail area were selected is because they are primary target areas. This does not mean that one area is excluded, but rather the vehicle would be placed where it is most effective. He explained that it is a different type of tool and does not mean that it is exclusive to only one use. THE FOREGOING MOTION WAS APPROVED BY UNANIMOUS VOTE. 39. Lake Elsinore/Water 4ualitv Treatment. (F:92.1) City Manager Molendyk noted that there are three issues which PAGE TWENTY - CITY COIINCIY, MINIITES - MARCH 22e 1994 should be looked at, the first being as of July 1, 1994, the City will assume responsibility for the maintenance of some of the recreation area around the Lake. This includes the requiremen~ to water the area off of Lakeshore Drive, ~o pick- up papers and clean the restrooms; the second is water quality, and who has responsibility for the existing water and responsibility of fhe watersfied; and short term ocior control, City Manager Molendyk explained that water quality is a long term effort and will not happen over night, but it is necessary to address the issue of maintenance starting July 1, and there is the need to hire staff. He explained that in the last week all of the Councilmember have asked what is to be done with the inlet channel as far as odor control. City Manager Molendyk stated that to address the maintenance issues there is the need to hire one full-time individual to do the maintenance and water testing and supplement that position with four part-time or seasonal employees, as well as equipment and supplies. Also included in the recommendation is $120,000 for products/chemicals and Micro-organismso which could be tabled until after the study session with E.V.M.W.D. MOVED BY WASHBURN, SECONDED BY WINKLER TO APPROVE OPTION NO. 1 AS FOLLOWS: 1) Staff (Full & Part-time) $108,440 Equipment and supplies 48,000 Products/Chemicals, Micro organisms 120,000 Total Cost: $276,440 Councilman Alongi asked if the products and chemicals will be placed in the Lake or jus~ alonq the edge. Manager of Special Projects Watenpauqh stated that the basic ~reatment was to address odor control in the inlet channel and not the entire Lake. He further explained the purpose of the ~reatment and how it will address the blue-green algae. Councilman Alongi clarified the fact that the treatment would not be for the main body o£ the Lake and asked if the City has the legal right to enter the inflow channel or the wetlands to treat the water. Mro Watenpaugh stated that it is legal for the City to do so, Councilman Alongi stated that there are funds available through a State agency to assist wi~h the raater cguality within tPae Lake and indicated that he had no problem with addressing the inlet channel or the Lake edge, but the water within the Lake should not be addressed until there is a complete understanding with the Water District. Councilwoman Cherveny stated that she did not have a problem with the full-time and part-time staff or the equipment and supplfes. She stated that she did have a problem with the expenditure of the $120,000 for treatment because it would circumvent the purpose of ineeting with EVMWD if the City continually talces the lead agency position. She stated that she did not believe that ~he City of Lake Elsinore should be PAGE TWENTY-ONE - CITY COIINCIL MIN[TTES - MARCH 22, 1994 the lead agency when it comes to the quality of the water in the Lake. Mrs. Cherveny stated that she did feel that the City and EVMWD do have a joint ownership in the Lake because the State was very specific in giving the water rights to the Water District because they were the most qualified where water quality is concerned. She expressed concern that the City spent $700,000 on the Lake and there has been no change. She stated that it is not the City's responsibility to deal with the water quality. She explained that it is better not to put something*p868DLah they might not want added, and allow them to treat the water with whatever they choose to use. She stated that she was sure that all of Council had received as many calls as she has received, and she wondered how many people called the Water District in regard to the odor. She stated that the District is the expert on water quality and she felt that instead of going out looking for answers, the City should be looking to them for guidance and direction. She stated that with the upcoming rain storms and the water from the Dam in Canyon Lake flushing the channel it will help to control the odor. Councilman Winkler stated that he would welcome any communications from the Water District and would encourage them to contribute money over and above what was suggested in the motion. He explained the agreement the City has with the Water District, which was the basis of the transfer from the State to the City, and also certain transfers of rights from the State to the Water District regarding the uses of the water. Iie stated that there will come a time when the District will have an obligation to put water into the Lake and at that point and time they will have an obligation to make sure that the water that they put into the Lake is body contact recreational water. It is their obligation to make sure that it is the highest quality of water to put into the Lake. Mr. Winkler explained that right now they don't have any legal obligation to fix what is there and he felt that the City should not shirk whatever opportunity is available to address the situation. He felt that the City has the obligation to address the Lake. He explained that just because they have the word 01water" in the name of their agency does not mean that they are all knowing about everything there is to know about water. Under State Law, cities have the right to run water districts, so if you look at State Law the City would have just as much right to run a water district as they do. He explained that he does welcome their input and concern, however he stated that they are in the business of treating sewage and providing drinking water and the treatment of a large body of water like the Lake is just as new to them as it is to the Council. He emphasized the fact that he did not think that they had the legal obligation, under the agreement with them, at this time to address the current water quality. Councilman Dominguez stated that he has no objection to the equipment and supplies, but he does feel that the products, chemicals and micro-organisms should wait. Mayor Washburn stated that he felt that it is not the time to wait, but rather the time to act. He explained that the PAGE TWENTY-TWO - C%TY COiJNCIL MINIITES - MARCA 22B 199•! responsibility is shared by the City, the Water Disfrict and the entire community. &Ie noted tha~ both agencies have participated and will continue to participate. Mayor F7ashburn stated that on July 1, the City must provide the manpower to care for ~he lake. He felt that the approval of Option No. 1 e,~ould no~ cause any lack of participatiomm by the Water District. tie explained that there has been constructive slialogue and both agencies are looking at long term solutions for water quality. He stated that by pulling out of the treatment, he felt that it was sending the wrong signals and the money is available from the transfer of the Lake and will mot be expended from the General Fund. 1Kayor Washburn stated that he felt that there should be staff available who work on the Lake on a daily basis and would grow to understand its cycles. He explained ~hat ~he problems cannot be ignored, because they will not go away, He pointed out that if there was an illegal dump of sewage in the Lake, the City would have ~he staff available to respond immediately. MOVED BY CHERVENY, SECONDED BY DOMINGUEZ A SUBSIDIARY MOTION TO APPROVE THE EXPENDITURE OF $108,440 F'OR STAFFa $48,000 F'OR EQUIPMENT AND SUPPLIES AND CONTINUE THE DECISION FOR THE EXPENDITURE OF $120,000 F018 PRODUCTS/CHEMICALS, MICRO-ORGANYSMS UNTIL AFTER TIiE NEXT MEETING WITH THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT BOARD. Idayor Washburn questioned the logic of waiting two weeks and stated that it will only delay what has to be done. Councilman Alongi stated that he felt that two wee]cs would not hurt the situation and because the odor is not a problem and will not increase much in the next two weeks. NIayor Washburn suggested that the motion be amended to allour Council decision directly after the meeting with Elsinore Valley Municipal Water District. Councilman Winkler questioned the time sequence and the odor problem that might occur before the next Council Meeting which is April 12, with the stadium opening on April 15. He asked how long it would take to treat the inflow channel. City Manager Molendyk explained that it is three to four days Eor the ocYor and approximately 24 hours after treatment before it affects the odor problem. He stated that if the treatment was ordered on Monday, it could start application by the following weekend. THE FOREGOING SUBSIDIARY MOTION WAS APPROVED WITH A 3 TO 2 VOTE W%TH N7INKLER AND WASHBURN CASTING THE DISSENTING VOTES. Niayor Washburn indicated that the Council did not have the "'guts" to address the problem. 40e Treatment of Prooosition 172 Revenue as an Enternrise Fundo (F.127.1) City Manager Molendyk indicated that this item raas inadvertently placed on the agenda and requested that it be pulled. He noted that pursuant to direction on this revenue for overtime, the bicycle patrols would be in use beginning on April Ye PAGE TWENTY-THREE - CITY COtTNC2L MINOTES - MARCH 22s 1994 MOVED BY DOMINGUEZ, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO REMOVE THIS ITEM FROM THE AGENDA. POBLIC COMMENTS - NON-AGENDIZED ITEMS Deferred to Redevelopment Agency Meeting. CITY MANAGER COMMENTB Deferred to Redevelopment Agency Meeting. CITY COIINCIL COMMENTS Deferred to Redevelopment Agency Meeting. THE CITY COUNCIL MEETING WAS RECESSED AT 9:39 P.M. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:25 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY BOARD AT 10:25 P.M. TO DISCUSS PROPERTY ACQUISITION IN~IOLVING ELSINORE WEST MARINA, LYTLE CREEK PARTNERS AND POTENTIAL LITIGATION. THE CITY COUNCIL MEETING WAS RECONVENED AT 10:45 P.M. NO ACTIOId TAKEN. ADJOIIRNMENT MOVED BY ALONGI~ SECONDED BY CHERVENY AND CARRIED BY UNANIMOIIS VOTE TO ADJOURN THE REGULAR CITY COUNCIIy~MEETING AT 10:45 P.M. TEST: ~ VICKI KASAD, C~TY CL RK CITY OF LAK~:' ~LSINORE ~ ~~ ~~~ GARY~ WASHBURN, MAYOR CITY LAKE ELSINORE