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HomeMy WebLinkAbout04-12-1994 City Council MinutesMINIITES REGIILAR CITY COUNCIL MEETING CITY OF LARE ELSINORE 183 NORTH MAIN STREET LARE ELSINOREa CALIFORNIA TIIESDAY~ APRIL 12~ 1994 ,ka*,t,t*a*t,t***********,k****rttt~*~~~****~~r~******tt**,t,k,k****,t,t**** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:01 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Cherveny. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN ABSENT: COUNCILMEMBERS: WINKLER Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Acting Chief Building Official Russell, City Planner Leslie, Community Services Director Sapp, Public Services Director Tecca, Manager of Special Projects Watenpaugh, Special Projects Coordinator Wood, City Treasurer Pape and City Clerk Kasad. PRESENTATIONS/CEREMONIALS A. Proclamation - Garv Weston. (F:122.1) Mayor Washburn read the proclamation and presented it to Gary Weston and commended him for his accomplishments. Mr. Weston commented on his experience growing up in Lake Elsinore and noted that his appointment to the State School Board was a good reflection on the City. Mayor Washburn concurred that this appointment spoke well for the City and the local school system. B. Proclamation - National Librarv Week. (F:122.1)(X:98.1) Mayor Washburn read the proclamation and presented it to Librarian Laura Mae Leach, and thanked her for the services provided by the library. Ms. Leach thanked the Mayor and Council for this recognition and expressed her appreciation for ongoing support received by the library from the City. She also commented on the impact these contributions have on the service provided by the library. C. Proclamation - Hospice National Volunteer Week. (F:122.1) Mayor Washburn read and presented the proclamation for Hospice National Volunteer Week to Mrs. Georgiana Kane, and thanked her for the services provided. Mrs. Kane detailed the work of hospice volunteers; thanked the City for the recognition and noted upcoming events to celebrate this event. D. Presentation - Make a Difference Day - Community Action Plane (F:122.1) Ginny Kishbauch commented on the activities in which they have PAGE TWO - CITY COUNCIL MINIITES - APRIL 12, 1994 previously participated and noted that this year°s event will occur on April 23, 1994. She explained that they will be adopting Senior Citizens to assist them and working on City beautification projects. She noted the need for additional adult volunteer and suggested interested parties call 674~ 6517, Alyssa, Troop Leader, Girl Scout Troop 1115, noted her troop°s concern with gang activities and graffiti and explained that they would be addressing graffitie Eight members of Troop 1115 explained their concerns with Graffiti and Gang ~ctivities. Mayor Washburn thanked the representatives for their presentation. E, Presentation - Rebort on Outflow Channel - James Lowe. (F:92.3) James Lowe, 3 B's Construction, commented on the work which has now been accomplished and noted the reopening of Graham Avenue and of Riverside Drive. He detailed upcoming road closures and advised that the excavation portion of the work should be complete in approximately two weekso He estimated that the project would be complete on or about August 1, 1994. Mayor Pro Tem Dominguez questioned Mr. Lowe~s xeference to a 11shoofly" detour. Mr. Lowe explained that this was a detour axound a box culvert which will have a three way stop at Collier/3rde Councilman Alongi inquired how long it would be before the channel water is free flowing. Mr. Lowe explained the efforts to block certain areas at present to keep the areas dry and facilitate the project. PIIBLYC COMMENT~ - AGENDIZED YTEM~ Requests were received to address the following items: Ytem Nos. 11, 12, 21, 33. CONSENT CALENDAlt The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos, 4, 8, 9, 10, 12e kIOVED BY ALONGY, SECONDED BY CHERVENY AND CARRYED BY IINANIMOUB VOTE OE THOSE PRESENT TO APPROVE THE BALANCE OF THE CON3EIdR° CALENDAR 2-~ PRESENTEDs Y. The following Minutes were approved: (F:44.4) a. Joint Study Session with E.V.M.W.D. Board - March 15, 1994. b. Regular City Council Meeting - March 22, 1994. The following Minutes were received and ordered filed: (F:60.3) c. Planning Commission Minutes - I~Iarch 2, 19940 d. Planning Commission Minutes - March 16, 1994. PAGE THREE - CITY COIINCIL MINIITES - APRIL 12, 1994 2. Received and ordered filed the Building Activity Report for March, 1994. (F:32.2) 3. Received and ordered filed the Investment Report for February, 1994. (F:12.5) 5. Rejected and referred to Claims Administrator for handling, the Claim Against the City submitted by Ruth T. Gardner (CL #94-5). (F:52.2) 6. Approved Letter of Support for Senate Bill 1477 providing City Authority to set Reasonable Occupancy Standards; and authorized the Mayor to siqn said Letter of Support. (F:96.1) 7. Adopted Resolution No. 94-20 regarding Support of Continued Use of Armories to Assist in Housing the Homeless. (F:96.1) RESOLUTION NO. 94-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, REQUESTING RECONSIDERATION OF A PREVIOUS DECISION TO CLOSE ARMORIES TO USE BY THE HOMELESS. il. Approved Public Hearinq date of April 26, 1994, for the following: b. Specific Plan 92-3, Amendment Number 1(Laguna Heights) - Good Land Investment (The Western Company). (F:150.2) ITEMS PIILLED FROM CONSENT CALENDAR 4. Warrant List - March 31. 1994. (F:12.3) Councilwoman Cherveny questioned warrants 40652 and 40653 and others to Kemmis Equipment. Administrative Services Director Boone indicated that these were reimbursements for Community Facilities District 90-3. Councilman Alongi requested the provision of an indication on the list for items relating to CFD's. Councilwoman Cherveny questioned expenditures from the Lake Enterprise Account, particularly to The Keith Company. Mr. Boone clarified that the list referred to relates to CFD 8s-3. Mrs. Cherveny questioned the current balance of the Lake Enterprise Account and related expenditures. Mr. Boone clarified that the items noted were for grounds clean up on the shoreline and consultation by Dr. Sutton. He indicated that he believed the balance in this account was approximately $600,000. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO RATIFY THE WARRANT LI3T AS PRESENTED. 8. Parlcing Prohibitions - Diamond Drive/ Road - Resolution No. 94-21. (F:112.1) Councilwoman Cherveny noted for the public the roads impacted by this parking prohibition and stressed the need for commuters who park at this location to find other areas. She further noted that arrangements had been made for these commuters on Casino Drive. MOVED BY CHERVENY~ SECONDED BY ALONGI AND CARRIED BY IINANIMOUS 90TE OF THOSE PRESENT TO ADOPT RESOLOTION NO. 94-2Y. PAGE ~OUR ~ CITY COUNCIZ MINUTES - APRIL 12a 1994 9. Subdivision Development Aareements - Tract Nos 22912-Y 22912-2 and 22912-3 - LNC Prooerties. (F:68.1) Councilwoman Cherveny requested an overview of these agreements from City Attorney Harper, Mr. Harper indicated that it was mostly a housekeeping item, but explained that this relates to an exis~ing map which is being purchased by another developer. Ae further explained that this developer does not foresee beginning construction, however he would like ~o sell it off to merchant builders. He advised that there is no down side for the City with this type of transaction. AiOVED BY CHERVENY' SECONDED BY ALONGI AND CARRIED BY A VOTE OF 3 TO 0 WSTH WASHBIIRN AB3TAINING AND WINRLER ABSENT TO APPROVE THE SIIBDI9ISION AEVELOPMENT AGREEMENT3 WITH LNC EROPERTZES. l0e (F:156.2) . Councilwoman Cherveny indicated that she had pulled this item in error. M09ED BY CHERVENY~ SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF T$OSE PRESENT TO ACCEPT THE NOTICE OF COMPY~ETYON ~OR THE DOWNTOWN WEST STREET AND STORM DRAIN IMPROVEMENTS - PHASE I PROJECT FOR J.E.G. CONSTRIICTION COMPANY, 11, Set Public Hearina date of Aoril 26. 1994 for the followinq: a. Street. (F:172.2) Ace Vallejos, 15231 Cobre, questioned the reason for this public hearing, indicating that it has been considered previously, He noted the LAFCO reconsideration and expressed concern that the Council might not allow the residents to vote on this issue. RSOVED B% ALONGI, SECONDED BY CHERVENY AND CARRIED B% UNANIMOIIS VOTE OF TSOSE PRESENT TO APPROVE THE PIIBLIC HEARING DATE OF APRIL 26~ Y994. 12. Stadium Operations & Maintenance Agreement - The Soectrum Groub. (Ft68.1)(X:134.10) Councilwoman Cherveny noted that she had questions on a few points of this agreement. She indicated that she had hoped for a copy of the prior minutes on this item. Regarding Item 3.2 on page 3 of 35 - Termination, she would like to see a 30 day clause, noting particular concern for turf problems. In Section 4.0 she expressed concern witkt supplying office furniture and equipment, in addition to contract costs. On paqe 4 of 35, she requested deletion of item D to avoid 3imiting the rights of the City Manager, and noted that the xights should be reserved exclusively for the City and not delegated to the management firm. City Manager Molendyk elarified that the intent would be to coordinate and assure that the team agreement is being lived up to. Mrs. Cherveny indicated that she would still prefer that it be the City Manager. PAGE FIVE - CITY COIINCIL MINUTES - APRIL 12~ 1994 Councilwoman Cherveny then addressed Section 5.2 (a) and indicated that she would like the facility to be maintained in "excellent" condition, stressing that it is a brand new facility. Mrs. Cherveny indicated that it might be better to table this item to allow for further review by the Council, noting that an interim agreement is in place. Mr. Young requested that consideration proceed at this time to allow them to proceed with insurance requirements. Councilwoman Cherveny clarified that Section 5.3 (b) should read "carts" rather than "cars". In Section 5.3(e) she requested clarification that the City would be required to pay for repairs. Mr. Young indicated that this was correct. Mrs. Cherveny questioned the payment of $600,000 and payment for this type of repairs. Mayor Washburn clarified that this is not a standard lease arrangement; the building is not being leased for his use, but being managed on behalf of the City. City Manager Molendyk confirmed that this agreement is for maintenance and operation of the field, parking and security to address the 68 home games and requirements of the team agreement. He noted that many of the items are covered for the first year by warranties, so major repairs are not expected. Councilwoman Cherveny noted Section 7 and commented that after nine months of work and ongoing reports, she would hate to wait one year for a report on how it is going. She indicated that she would still like a report on what the Stadium will cost the City and what the potential for revenues will be. Mayor Washburn concurred that it would not be difficult to include real operating costs on a quarterly or monthly basis. Councilwoman Cherveny addressed Section 9.1 regarding insurance, and requested clarification that it would be $1 million dollars as are others in the City, with the City as additional insured. Councilwoman Cherveny suggested removal of Section 14.1 and a change in Section 14.2 to read "City m~ assign"; expressing concern for sale of the agreement to someone elsea Dan Young commented on the requested changes as followe 1) Section 32. the change to "30" days would be no problem. 2) regarding office space, it is not a large area and will not require much furniture or equipment. He noted that the City was sensitive to what the furniture might look like and had requested the opportunity to have control over its selection. Councilwoman Cherveny concurred that the City might want to reserve the right for approval of the furniture, stressing that it should be something nice, but noting her interest in cutting costs where possible. 3) Section 5.1 (d) he would gladly not be involved in team issues, but he is willing to consult in this area informally. He suggested the use of verbiage such as 11support and recommend"e PAGE SI% - CITY COiINCIL MINUTES - APRIL 120 1999 4) The intent is to maintain the facility in "excellent1° condition. 5) Section 5.3 (b) "Carts" is the correct terme 6) Insurance will be the standard $1 million dollar policy with the City as additional insured. 7) Section 7 regarding reporting, explained the difficulty in obtaining hard costs at this time. He concurred that a year is a long time to wait for a report and suggested quarterly reports to include revenue. He further commented that it might be even better to provide a monthly report on revenue and projections in addition to the annual budget. Councilwoman Cherveny requested that a safety check report be incorporated in this section. Mr. Young indicated that this could be provided under confidential cover in connection with security. 8) Assignment Clause Section 14.2o he stressed that this is a City building but he would want the opportunity to discuss such an assignment. He stressed that it would not be his intent to prevent the City from selling the property, but to ensure a comfort level with who he is working for anci reporting to. Councilwoman Cherveny stressed her interest in reserving that right for future Councils or the City Managere She requested the following verbiage be included, '~with City's prior written consent/° . Councilman Alongi expressed concern with this agreement as if. reTates to hiring. Iie indicated that he lxas a problem with tYae verbiage a'Lake Elsinore area", and would prefer Lake Elsinore City residents first and then the other areas. Mayor Washburn indicated that he would concur with an 80% factoro Mr. Alongi further stressed City residents first with the City residents having the priority over others. Mr. Washburn questioned the status of hiring, Mr. Young indicated that much of it is done, bu~ interviewing has been on going for the last coup7e of days. FIe noted a large volunteer interest as wello He stressed his understanding of the sensitivity for finding local residents for f.he positionso He noted good responses for janitorial services and security grom the local residents, and indicated that the spirit of the hiring is City first. Councilman Alongi commented on the repairs ancl stressed that the repairs will be done, but the City will pay for replacemente Councilwoman Cherveny requested clarification as to whether this repair clause would be for the inside of the buildinq. riIr. Young indicated that it would be inside tfie Stadium, the parking lot, the promenade and the plaza. Councilman Alongi inquired whether the contract could be reviewed in 90 days to address problemse City Manager Molendyk noted ~he spectrum of items included and suggested a clause for evaluation after the first season. Mr. Young clarified for the recorci that this agreement is aslcing people to make career changes. He detailed the employees in this PAGE SEVEN - CITY COIINCIL MINIITES - APRIL 12~ 1994 contract and their past experience relevant to the Stadium. He indicated that he would be delighted to sit down after the first season to review and evaluate the first year~s operations and make corrections where needed. Mayor Washburn indicated that he had received requests to speak on this item and recognized those people. Kevin Lanning, 652 Quail Drive, commented on the proposed agreement and sugqested that $600,000 is a qreat deal of money for a City that can not provide adequate public safety. He noted that this amount is nearly three times the amount paid for fire protection annually. He expressed concern that the management firm involved has no prior direct baseball experience and should be limited to a one year contract. He expressed further concern that there were no revenues or projections included. He stressed that the City is buyinq everything on top of the $600,000. He suggested review of this contract in a Study Session to evaluate possible concerns. Ace Vallejos, 15231 Cobre, expressed concern with the funding mechanisms for this project. He indicated that he would like assurances that his Lighting and Landscaping Maintenance District fees will not go up to pay for the Stadium. He indicated that there is barely enough money for the Lake at this time. He stressed his belief that the residents will end up paying for the Stadium. Mayor Washburn clarified that a Study Session has been held on this item. Councilwoman Cherveny clarified that this Study Session was actually on the Letter of Intent. Mayor Washburn indicated that it was presented at the same time and the proposals received ranged from $600,000 to over $1 million. He indicated that he would have no problem with the changes suggested. MOVED BY WASHBiJRN~ SECONDED BY DOMINGUEZ TO APPROVE THE AGREEMENT WITH SECTION 3.2 CHANGED TO 30 DAYS; SECTION 4 TO REMAIN WITH CITY SOPPLYING FURNITURE~ SECTION 5.1 TO INCLUDE "ADVISE AND CONSULT WITH THE CIT7C MANAGER; SECTION 5.3 CORRECTED TO READ "CARTS"j ~ECTION 5.2 AMENDED TO READ "E%CELLENT CONDITION"; SECTION 7 AMENDED TO INCLIIDE MONTHLY OPERATING COSTS AND BODGETS; INSIIRANCE TO BE $1 MILLION SPITH CITY AS ADDITIONAL INSIIRED AND SECTION 14 REGARDING ASSIGNMENT TO BE AMENDED TO INCLUDE "WITH PRIOR WRITTEN CONSENT1° . Councilwoman Cherveny expressed concern with Section 4. Mayor Washburn indicated that the office was small and would require minimal furniture. Councilwoman Cherveny requested clarification as to whether the City would be buyinq typewriters, computers, white-out, etc. for the office. Mr. Young indicated that there was really only room for two desks and chairs for two people. He indicated that he would be happy to supply that furniture if it is a concern. Councilwoman Cherveny requested amendment of Section 7 to include the provision of monthly safety reports to the City. WITH THE CONSENT OF THE MARER AND THE SECOND THE MOTION WAS AMENDED TO INCLUDE A REQIIIREMENT IN SECTIOBi 7 FOR PROVISION OF MONTHLY SAFETY REPORTS TO THE CITY. PAGE EIGHT ~ CYTY COUNCZL MIN[TTES - APRIL 12e 5994 Councilwoman Cherveny requested clarification that monthly income and expenditure reports would be supplied; assignment would require prior written approval and 5ection 14.2 would allow the City to assign the contract, Mayor Washburn concurred that this was the intent. Councilwoman Cherveny inquired whether the furniture would be only ~he two desks and two chairs. Mayor Washburn indicated tha~ the mo~ion was for the City to buy the furnituree Councilwoman Cherveny stressed two desks and two chairso Mayor Washburn indicated tha~ the motion was for "furniture". THE FOREGOING MOTION CARRIED BY UNANIMOIIS VOTE OF THOSE BRESENTa PUBLYC HEARINGS 21e . (F:166.1) City Manager Molendyk explained that this was the annual public hearing for weed abatement. He requested a copy of the notice for Council~s information, but one was not available. He noted the changes requested for last yearas program and indicated that the notice is identical this yeare The Ci~y Clerk reported no written comments or pro~ests. Mayor Washburn opened the public hearing at 8:16 p.m., asking ~hose persons interested in this item to speak. The following people spoke: ~ud Lees, 6031 Cecilia, Bell Gardens, commented on the weed abatement program and the 01moratorium1° in the Country Club Heights area. He questioned appropriate action in the event that a lot has been cleaned, and someone else dumps trash on the lot. He also questioned the status of the moratoriumo Mayor Washburn clarified that there is no moratarium as referred to by Mr. Lees and noted that if the lot is cleaned and a receipt obtained, this is adequate proof of proper actiona City Manager Molendyk stressed that the individua3 property owner is responsible for his property 12 months per year. With regard to the discussion of a mora~orium, Mr. Molendyk.clarified that some of the lots are merely too small to build on. Mayor Washburn noted that there is currently a large building under construction in that area. Edward Liu, 1055 First Avenue, San Diego, indicated that he was not present to argue clean-up, but to request leniency for his family's 1990, 1991 and 1992 weed abatement charges. He indicated that his 1992 bills total nearly $10,000 in administrative charges. Ae detailed the property aceumulated by his family totally nearly 70 parcels. He indicated that he abated the property in 1993 except for 4 trees this year and will be cleaning the property this year; he offered to pay actual clean-up costs from previous years, Mayor Washburn suggested ~hat Mr. Liu meet with staff ~o review his concerns. City Manager MoTendyk reminded the Council that the administrative fee is the only City leveraqe to encourage people to clean their lots. PAGE NINE - CITY COUNCIL MINOTES - APRIL 12~ 1994 City Attorney Harper requested clarification of Mr. Liu's request noting that the only applicable discussion for this public hearing is that relating to this year's assessments. He explained that the prior years have already gone to the tax rolls. Mayor Washburn suggested that Mr. Liu submit a written request for review of his charges. Mr. Liu stressed the large amount of property involved and noted his family's future intention to develop it. City Attorney Harper concurred that it would be appropriate to submit a written request to the City Manager. Councilman Alongi suggested that Mr. Liu file an appeal. Mr. Liu noted that it was suggested that he attend this hearing by a member of City Staff. Mayor Washburn closed the public hearing at 8:26 p.m. Councilwoman Cherveny requested confirmation that the notice was exactly the same as last year's. Acting Chief Building Official Russell indicated that it was exactly the same and has been mailed out. Councilwoman Cherveny requested that she be provided a copy of that notice. MOVED BY CHERVENY~ SECONDED BY WASHSURN AND CARRIED BY IINANIMOUS VOTE OF THOSE PRESENT TO DIRECT THE CITY MANAGER TO PAOCEED WITH ABATEMENT OF ALL LOTS NOT ABATED BY THE OWNERS BY MAY 2~ 1994. APPEAL 22. Appeal of Structure Abatement Action - 305 West Sumner Avenue. (F:32.4) City Manager Molendyk gave an overview of the appeal and explained that this address has gone through the abatement procedure and to date has not been brought up to code. He stated that it is ready for abatement and presented a video and photos to show the condition of the house. He indicated that staff's recommendation would be to proceed with the structure abatement. Acting Chief Building Official Russell explained that at the time of the structure fire the Fire Department personnel noticed several safety hazards within the structure and staff has be unable to inspect the interior of the structure to determine the condition. The abatement proceedings have been based on the condition of the exterior only. Councilwoman Cherveny asked if the Health Department has the jurisdiction to enter the structure if it is unhealthy or unsafe. Acting Chief Building Official Russell explained that it does not fall under the type of codes that they enforce. Mayor Washburn then asked for the applicant of the appeal to speak. Mariana Mohylyn explained that someone had set fire to the house while she was in New York and that she returned to California as soon as possible. She e~lained what was found and stated that she hired George McCUrdy, a licensed engineer, to inspect the house and his findings were that the building is structurally sound and restorable for occupancy. Ms. Mohylyn explained the repairs she has done to date and stated that the house has been in probate and she has been unable to change the title of the home in order to effect repairs. She PAGE TEN - CIT% COIINCIL MINQTES - APRIL 12e 1994 _ asked that Council consider an extension until October, 1994 to allow her to obtain financing and complete the repairs. Georqe McCurdy, Structural Engineer, 117-A S. Main Street, stated that from a structural standpoint the damage was cosmetica He explained that there were a few sma11 boards in the roof that were damaged and the main damage was smoke, drywall and curtains. Iie explained ~hat i~ was things that could easily be replacecle Mayor Washburn asked Mr. T~IcCurdy if, in his professional opinion, the structure could be lived in if the damage is repaired from the fire. Mr. McCurdy stated that he believes it can. He explained that the building has problems, but they are things that can be fixed. Councilwoman Cfierveny aslced if Mr. McCUrdy hacY provided a written report. He stated that he had not done a report, but he had writtera a letter. Mrs. Ckzerveng as-ced if staff had received a copy of the letter. Mr. McCurdy stated that they had. Councilwoman Cherveny asked Ms. Mohylyn if the house was now in her name. Mrs. Mohylyn stated ~hat it was. Councilman Dominguez asked Mr. McCurdy about the foundations that were cited by the Buildinq Department. Mr. McCurcly stated that he had not crawled through the foundation space so he could not give a findinq, but he did crawl through the attic and found that it was competent. He indicated that the possible problems with the foundation can be fixed. City Attorney Harper asked if it was structurally sound now or could it be made to be structurally sound. Mr. McCurdy stated that it could be made structurally sounde City Attorney Harper asked if it was structurally sound now. Mr. McCurdy stated that at present Building Codes, it is not sound, but neither are 90~ of the residences in the Community, but it can be made structurally sound. City Attorney Harper expressed concern regarding the foundation which is settling and causing parts of the house to be lower than others. Mr. McCurdy explained that he had inspected the house for fire damage and had not inspected the foundation. City Attorney Harper asked about the electrical or plumbing conditions. Mr. McCUrdy stated that he was not qualified to make a judgement since they are out of his area of expertise. Councilman Alongi requested clarification that the inspection was for fire damage to the building only, and not the footings, plumbing or electrical. Mr. McCUrdy stated that was correct. Councilman Alongi asked if he had inspected the attic. Mr. McCurdy stated that part of the attic was exposed due to some of the drywall being taken down that was damaged. The attic structure was fairly intact with the exception of a few boards in the roof that were damaged, but they can be easily replaced. Councilman Alongi stated that he understood that it would not meet code standards. Mr. McCurdy clarified tlaat they woulcl not meet todayos Codes. PAGE ELEVEN - CITY COUNCIL MINUTES - APRIL 12~ 1994 Councilwoman Cherveny asked what percentage of the building was damaged by the fire. Mr. McCurdy stated that 20~ was involved in the fire. Councilwoman Cherveny asked Ms. Mohylyn if she was aware of the proqram the City has recently established for low interest loans. Ms. Mohylyn stated that she had just been made aware of it. City Attorney Harper asked Ms. Mohylyn if she was aware that the City had requested that they be allowed to enter the structure and perform an inspection; and if she was aware did she tell them no and is she willing to allow it now. Ms. Mohylyn stated that she did not have the money for the inspection. City Attorney Harper inquired if the City would waive the inspection fees would she be willing to allow an inspection of the house to ascertain the amount of damage and what must be done to bring the house up to code. MOVED BY CHERVENY TO CONTINUE THE ABATEMENT PROCEEDING FOR 90 DAYS FOR 305 WEST SUMNER AVENUE~ PROVIDED THE APPLICANT ALLOWS THE CITY TO ENTER THE STRUCTIIRE AND DO AN INSPECTION~ WITH THE FEES TO BE WAIVED. MOTION DIED FOR LACR OF A SECOND. Councilman Alonqi stated that in fairness to other property owners in the City, a 90 day continuance is too long and advised that he felt that 30 days was reasonable. He stated that he felt that the inspection fee should not be waived unless the City wishes to waive all the other inspection fees for other property owners. Ae explained that it is the responsibility of the property owner to maintain their buildings and it is not fair to the community to pick up the expense. He felt that Ms. Mohylyn should have the inspection to ascertain if the amount of repairs needed are less than the amount she can borrow. Ms. Mohylyn explained that she has not been staying in the house and has been staying with £riends and in hotels and that she needs more time to arrange the restoration of the house. MOVED BY C$ERVENY~ SECONDED BY WASHBIIRN TO CONTIN[JE THE ABATEMENT PROCEEDING FOR 60 DAYS WITH THE INSPECTION FEE TO BE PLACED AS A LIEN AGAINST THE PROPERTY FOR 305 WEST SUMNER AVENOE~ PROVIDING THE APPLICANT ALLOWS THE CITY TO ENTER THE STROCTIIRE AND DO AN INSPECTION. MOVED BY ALONGI A SIIB3IDIARY MOTION TO CONTINIIE THE ABATEMENT PROCEEDING FOR 45 DAYS WITH AN IN3PECTION WITHIN 10 DAYS OF THIS ACTION~ AN ESTIMATE FROM A LICENSED CONTRACTOR FOR THE REPAIRS AND THE FEES TO BE LIENED AGAINST THE PROPERTY. THE SUBSIDIARY MOTION DIED FOR LACR OF A SECOND. 2dOVED BY CHERVENY~ SECONDED BY WA3HBURN AND CARRIED BY IINANIMOUS VOTE OF THOSE PRESENT TO AMEND THE ORIGINAL MOTION TO CONTINIIE THE ABATEMENT PROCEEDINGS FOR 45 DAYS~ WITH A BOILDING INSPECTION TO BE PERFORMED WITHIN 20 DAYS FROM THE DATE OF THIS ACTION~ WITH THE INSPECTION FEE TO BE PLACED AS A LIEN AGAINST THE PROPERTY FOR 305 WEST SUMNER AVEN[TE~ PROVIDED THE APPLICANT ALLOWS THE CITY TO ENTER THE STRUCTIIRE TO IN3PECT. BUSINE88 ITEM3 31. Second Reading - Ordinance No. 977 - Definition of Card Room Revenues. (F:34.3) ` PAGE TWEL9E - CITY COIINCIL MYNUTES -~PRYL 128-1994 AS09ED BY S~ASHBOR1Se SECONDED B7L DOMINGOEZ °d0 ADOP'1' ORDINANCE NO. 977 TJPON SECOND READ%NG B% TITLE ONLYo NO. 977 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Y,ARE ELSINOREo CALIFORNIA, AMENDING CHAPTER 5.28 OF THE lYIIINICgPAL COAE REGARDING CARD ROOMS l1ND PR09ID%NG FOIB RULE~ ~ND REGIILATIONS COE~TCEItN%NG ESISTING LICEN3E8. IIPOld THE FOLLOWING ROLL CALL 90TEe AHESs COIINCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WASHBURN NOESo COIINCILMEMBERS: NONE ABSE1dTo COIINCILMEMBER3e WINRLER ~BSTAINo COIINCILMEMBERS: NONE 32e New Card Room Fees - Lake Elsinore Resort (Casino). (F:34.3) City Manage~ Molendyk explained this item and noted an additional memo presented by Councilman Winkler. MOVED ~Y CHER9EN]C, SECONDED BY WASHBDRN TO APPROVE TAE E2ECOMMENDAT%ON3 SIIPPORTED 8% COUNCILMAN WINRLER TO YNCLODE 1) A Y,E88ER ESCALATED FEE SCHEDIILEs 2j NO FYNANCIAY. ~ggZgTANCE TO THE lERIB'SING CASINO, ~ND 3) MA%IMIIM FEE SCHEDOLE FOR ANY ~IEW LICENSE3 %SSOEDe MOVED BY ALONGI A SIIB3IDIARY MOTION FOR 1) A LESSER ESCALATING FEE ~CHEDIILE~ a) 50~ FINANCIAL ASSISTANCE TOTQARD THE SEWER CONNECTION EEE~o &iND 3) ANY NETQ CASINO Y,ICENSE HOLDER WOULD PA% THE ESCALATED FEE IN FORCE WHEN AND IF A LICEN3E WOULD BE GRANTED. MOTION DIED k'OR L~CR OF A SECOND. THE E°OREGOSNG MAIN MOTION CARRIED BY A 90TE OF 3 TO 1 T4ITH ALONGS CASTYNG THE DISSENTING VOTE AND WINRLER ABSENT. 33. City Manager Molendyk gave an overview of tfie project and explained that the applicant has concerns reqarding the drainage and is asking that the Council reconsideration of Condition No. 21. Steven Mann, 40650 CalYe De Suenos, Murrieta, explained that after the last City Council Meeting he had taken an engineer to the site to inspect the change in drainage and his estimate would require 4,500 to 5,000 cubic yards of fill material to make the properties drain to the street; and would create a siicuation where it would not be compatible with the surrounding area in appearance. He further explained that the type of drainage in Condition No. 21 would cost more than $35,000 to accomplish. Mr. Mann questioned tfie additions of conditions by the Planning Department after the Design Review, - v~cvc,i riaiin. ~r:1.325.1) PAGE THIRTEEN - CITY COIINCIL MINOTES - APRIL 12, 1994 He explained the problems that would occur if the conditions presented were followed. He specifically noted the detached garage condition. City Manager Molendyk explained that the detached garage was proposed to be in the side yard to more reflect the look that Council desired. Mr. Mann explained the confusion which has occurred on this project. Mayor Washburn stated that he will abstain in regard to this issue, but he wished to state that at times the City feels that there is a clear policy and it not interpreted as intended by the Council; both staff and the applicant can misunderstand the direction. Councilman Alongi stated that he felt that the garage should not be detached, but he did feel that the drainage issue should be upheld since the properties will be sold on an individual basis and each property should drain to the street. He stated that the property could be graded and raised to drain to the back into a catch drain and carried to Chestnut Street. He stated that he could acquire a drainage easement through the vacant lots to allow drainage to Chestnut. He stated that there should be a grading plan. Councilwoman Cherveny explained that she does not have a problem waiving Item Nos. 2 and 3, but she did feel that the drainage should be addressed to prevent sheeting over other properties. Mr. Mann explained the drainage possible and stated that in the original condition it would be the rear of the lots that would be used for landscaping and would sheet drain onto adjacent property. Councilman Alongi stated that sheet drainage would prevent future development at the back of the prperty because of drainage. Mr. Mann expressed his frustration with the development of these lots. Councilman Alongi stated that he felt a responsibility to the future owners of those properties. He explained that when they purchase the property it is zoned multi-family and they might wish to place a second unit, but they would be told that they could not because of the drainage. MOVED BY CHERVENY TO AMEND THE SEVEN ADDITIONAL CONDITIONS BY DELETING ITEM NOS. 2 AND 3 AND RETAIN CONDITION NO. 21 AS PREVIOQSLY APPROVED. THE MOTION DIED FOR LACR OF A SECOND. MOVED BY DOMINGUEZ~ SECONDED BY CHERVENY TO ACCEPT STAFF°8 RECOMMENDATION TO REAFFIRM THE SEVEN (7) CONDITIONS OF APPROVAL WHICH WERE ADDED AS CONDITIONS FOR THE APPROVAL OF THE WAIVER OF CAPITAL IMPROVEMENT FEES AND INCORPORATE THESE INTO THE FINAL AMENDED CONDITIONS OF APPROVAL AND REAFFIRM CONDITION NO. 21. Councilman Dominguez explained that he felt that the project EAGE FOURTEEN -.CITY COUNCIL MINIITES - APRIL 12' 1994 should conform to the Design Standards of the Historical District. Mr. Mann stated that the property was not in the Historical District when he bought the property and he felt that it was not fair to expect him to conform when he had not anticipated the costs to comply with the conditions of the Design Standards. COUNCILWOMA~ CHER9ENY WITHDREW $ER SECOND. THE FOREGOING MOTION FAYLED E'OR Y,ACR OF A SECOND. M09EID SY ALONGI~ SECONDED B~ DOMINGUEB AND CARRYEID WYTH A 3-0 VOTE BPITH WASHBURN ABSTAINYNG TO CONTINUE THIS ITEM TO THE NEXT REGUI,AR CIT]C COIINCIL MEETING OId APRIL 260 1994o WIT~$ &IA%OR PRO TEM DOMINGUEZ AND COUNCILMAN ALONGI TO MEET AITH THE APPLICANT~B ENGIAIEER e 34. Lake ~Iiolations/Enforcement - Resolution No 94-22. (F:92.1) &I09ED BY CHERVENYo SECONDED SY DOMINGETEZ AND CARRYED BY A VOTE OF 3 TO Y T4IT$ ~PA3HBIIRN CASTING 'PHE DISSENTING VOTE AND FTYNRLER ABSEN'd° TO TA~LE T$IS YTEM ONT%L THE NEXT PSEETING TO ALY,OW ADEQUATE REVIETB OF THE BNFORMATION PRESENTED. 35. Lake Closure/Waiver of Soeed Limit - National S• Water Ski Association Marathon. (F:92.1)(X:151.1) City Manager Molendyk explained this item and noted that it is an effort to promote the Lake. Tnlayne Borchard, President, National Speedboat and Water Ski Association, detailed the proposed event and stressed the high level of interest in the Lake. He requested tfie opportunity to provide a family event at the lake and draw business for local hotels, restaurants and other services. MOVED BY AASHBURNo SECONDED BY CHERVENY '1'O 1) APPROVE CLOSIIRE OE° %ARE ELSINORE TO PUBLIC USE FOR SATURDAY AND SONDA7fs MAY 21ST AND ~2NDo ~ROM 8:00 A.%I. TO 5:00 P.I+I. EACH DAY, AND 1s.LLOW EXCLUSIVE IISE OF THE LARE °SO THE NATIONAL SPEEDBOAT AND WATER SRI ASSOCIATION; 2~ WAIVE THE ~OAT SPEED LYMIT~ AS DEFINED IN THE Y,ARE ELSINORE MTJNICSPAL CODE SECTION 9.96e120 FOR THIS EVENT; 3B WAIVE T$E SRI TOW ROPE LENGTH OF 25-FEET AS DEFINED IN MUNICYPAL CODE SECTION 9.96.090 FOR THI3 EVENT. Councilman A3ongi asked Community Services Director Sapp wfiether staff had checked with the Fire Department for requirements relating to the storage and use of gasoline, etc. Mr. sapp indicated that he has received recommendations from the Fire Department as part of the application review process and will discuss them with the applicant. Councilman Alongi further questioned whether there has been discussion as to where the boats would be refueling. Mr. Sapp indicated that there has been cliscussion and it taill be addressed. 'd'HE FOREGOING MOTZON CARRIED BY UNANIMOIIS VOTE OF THOSE PRESENT. 36. Odor Control/Lake Shoreline Treatment. (F:92.1) PAGE FIFTEEN - CITY COIINCIL MINIITES - APRZL 12~ 1994 City Manager Molendyk explained that Council had previously approved the staffing costs and capital equipment to perform operations and maintenance functions on the Lake. He further explained that the minimum funding for dealing with the shoreline odor problem is estimated at $120,000. Manager of Special Projects Watenpaugh noted that this issue addresses shoreline/channel odor control and treatment, and does not address treatment of the entire Lake. He explained the type of treatments proposed and their costs. MOVED BY WASHBURN~ SECONDED BY DOMINGOEZ TO APPROVE THE ESPENDITIIRE OF $120~000 FOR THE PIIRCHASE OF PRODIICTS AND ALGAECIDES FOR THE SHORELINE AND CHANNEL. Councilman Dominguez asked how soon the treatment would be implemented. Manaqer of Special Projects Watenpaugh explained that it could be started within the next week to two weeks. Councilman Dominguez suggested that most of the treatment wait until after Ski Marathon on May 21st and 22nd. He explained that the increased activity in the Lake will help to eliminate a lot of the alqae. Councilwoman Cherveny stated that the City just had a meeting with L.E.M.A. and will be meeting again on May 5. She explained that there will be a fund report and findings regarding the Lake. Councilwoman Cherveny stated that she felt that the expenditure of $120,000 on the Lake was a waste in regard to long term treatment and would only address odor on a temporary basis. She noted that there is a company which is testing in the Lake and if their treatment is effective they would guarantee their product. She explained that she would then consider an expenditure if there could be a guarantee. She stated that the City has to start working at addressing the real problem and she would like to wait for the meeting between the City, E.V.M.W.D. and L.E.M.A. to address the issues. MOVED BY CHERVENY~ 3ECONDED BY ALONGI A 3IIB3IDIARY MOTION TO DENX THE EXPENDITtTRE OF $120~000 ON THE LARE. Mayor Washburn stated that the City has the army but not the ammunition. He agreed with Councilwoman Cherveny that the Lake is a very complex problem, but the request is for the maintenance of the shoreline and odor where needed and is not suggested to be the solution to the whole problem. He noted that L.E.M.A, has been workinq on the problem for a long time and he stated that it is a community effort along with the City and E.V.M.W.D. Mayor Washburn stated that if this is put off it will be a greater problem to deal with. He explained that this is a minor maintenance issue and not a solution to the problem. The solution to the problem will consist of funding from several agencies. This is just an interim solution to the immediate problems. Councilwoman Cherveny asked what the Q-Train is for. Manager of Special Projects Watenpaugh explained that it is for the shoreline and will address the algae on the shore and the copper sulfate is for the blue-green algae and will control odor. PAGE SI%TEEN - CITY COUNCIL MINIITE3 - APRIL Y2a 199~ The micro-organisms will address the algae close to shore for odor control. Councilwoman Cherveny stated that if E.V.M.W.D. wishes to put up fialf of the money she might consider spending $60,000. She explained that she felt this summer was lost anyway. Mayor Washburn stated that if Councilwoman Cherveny wanted to amend her motion to allocate $60,000 with equal participatiora from the Water District, he would be happy to second the motion. He stated that time is crucial. Councilwoman Cherveny stated triat she did not 2aave a problem doing something about the odor control and if the Water District will meet the City part way she would amend her motion for the $60,OO0e ~IOVED BY CHERVENYa SECONDED BY WASHBIIRN TO AMEND THE SUBSIDIAR~d d~IOT%Old TO AY.LOCATE $60~000 WYTH ELSINORE VALLEY MONICIPAL DISTRIC'S SEING REQIIESTED TO MATCH FIINDS FOR ODOR CONTROLe Mayor Washburn asked if that would prohibit staff from using the $60,000 ~o acquire the products to address the odor problem right away. Councilman Alongi stated that he had no problem with expenditure af funds for odor control, but he does want to point out the time and attention paid to the ball field, while he ffelt the Lake was ignored. fiYe objected to waiting until the last minute. He stated that he understands that copper sulfate is bad for the Lake and a company is tes~ing to ascertain what is wrong with the Lake and wha~ they can do to address ~he problem to offer a guarantee. He stated that the $120,000 will not make any effect on the Lake and he feels that IKay 5, is too late to have an effect on the Y,ake. N%ayor Washburn stated that the $9,000 Council authorized was for the inflow channel and elbow not for the Lake, and ~he tes~s the firm °1EnGen1° has been running have shown some effect, fl~tayor Glashburn explained what effects he has observed, but he stated that there needs to be something done between now and when the entire Lake is addressedo Councilman Alongi commented that the City has a limited amount of money to spend on the Lake and he wants to see most of the money spent on the long term solution. Yie explained that fhe City is going to take the full blame for the condition of the Lake and he feels that the City should conserve every penny toward the long term solution and go at it full blast. Councilwoman Cherveny asked if the product proposed is the same as is being tested. Manager of Special Projects Watenpaugh stated that the product being tested is Bac-Terra and that is the dollar figure he used for the proposed producE. Ms. Cherveny stated that she wanted this issue to be carried to the Water District as soon as possibleo THE FOREGOINiG 1~MENDED SUBSIDIARY MOTTON WAS APPROVED BY ~OTE ~Y T$OSE PRESEN'P. Councilman Alongi asked Mr. FTatenpaugh fioca much money he would PAGE SEVENTEEN - CITY COUNCIL MINIITES - APRIL 12s 1994 be spending between now and May 5th. Manager of Special Projects Watenpaugh stated that it would depend on what Dr. Sutton suggests is necessary and the weather conditions. 37. Public Boat Launchina. (F:92.1) City Manager Molendyk explained that because there was a low rainfall this winter there is limited use for the boat launch facility and the City is still trying to locate the lead person for the Elsinore West Marina regarding launching. Manager of Special Projects Watenpaugh explained that he has been in contact with the owners of the Elsinore West Marina today and he will be coming back to Council with further information. He explained that due to the lack of rain this winter the launching facilities will not be able to be used, but suggested that the dock facilities can be relocated and rented to recover some of the cost of purchase. He stated that the ski school would like to locate them in the inflow channel to provide additional space for the ski school clients. He explained that he would like to negotiate with the new owners of Elsinore West Marina to open launching to the public and provide parking. He explained that this would be the least expensive and most effective launch program for the City to pursue, while the City proceeds to secure permits and funding for a permanent public launch facility. He further explained the process of obtaining a permanent launching facility. Councilman Dominguez asked how the people who are doing the ski race will be launching. Manager of Special Projects Watenpaugh explained that the boats would be unhitched from the cars and walked out into the water. Councilman Alongi stated that he would like costs for moving the launch facilities and how much money would be charged. Manager of Special Projects Watenpaugh explained that there would be no cost for the facility to be moved, that would be done by the ski school along with the cost of the monthly rental. The gang-ways and docks would be moved, but the cement slabs would stay in place. Councilman Dominguez stated that the City should find a permanent location and not continue to use temporary locations. Manager of Special Projects Watenpaugh explained that in the Lake Master Plan there are several permanent locations proposed. Councilwoman Cherveny stated that she felt that due to the water quality problem the fee for the use of the lake should be waived for public relations until such time as the quality can be addressed. Councilman Alongi stated that the fee issue can not be addressed at this meeting since it was not on the agenda. City Manager Molendyk stated that he can come back to Council with a recommendation regarding day use fees. He stated that a refund would have to be made on approximately 50 day use passes. PAGE EIGHTEEN - CITY COIINCIL MINUTES - APRIL 12e 1994 Mayor Washburn asked about the water being pumped from the back basin into the main body and asked fiow much this would raise the level of the lakea Manager of Special Projects Watenpaugh stated that at will raise the level of the lake 1 1/2 to 2 feet. Mayor Washburn asked if the level of the water came up that much would the launch facilities be able to be used. Mr. Watenpaugh stated it could be possible depending on evapora~ian. There was general discussion in regard to Elsinore West Marina and their launch facilities. MOVED ~% CHER9ENYo SECONDED BY ALONGI AND APPROVED BY ONANIMOU~ ~OTE OF THOSE PRESENT TO DIRECT STAFF TO WORR WITH THE NEW OWNERS OF ELSINORE WEST 23ARINA FOR PIIBLIC LAUNCHING AND DIRECT ~TAFF TO PROCEED ~ITH THE APPLICATZON TO BOATING F~ND WATERWAHS EOR A PERMANENT Y,AIINCH FACILITY. ~Iayor Washburn requested that staff research the cost of moving the boat docks and the amount to cfiarge for rental of ~he boat docks and gang-ways to the water ski schoole 38. System Closure, Lake Manaaement Project °'Weir'°, (F:92.3) Ci~y Manager Molendyk explained this item and noted that based on the existing agreement for Lake Management, the City share would be half of $308,000 or $154,000. AIOVED BY DOMINGIIEZ, SECONDED BY WASHBURN TO APPR09E 7PHE COS'd' EBTZMATE OF $308,000 FOR THE WEIR PROJECT AS SIIBMYTTED BY EVMWD; F~ND DYRECTED STAFF TO WORR iPITH THE EVMWD STAFF TO YtECONCILE TSE '1'OTAIa SHARED COSTS TO BE SPLIT IIPOld COMPLETIOI~Y OF THE LARE MANAGEMENT PROJECT. Councilwoman Cherveny suggested that this amount be deducted from the $1.2 million EVMWD owes the City. City Manager Molendyk questioned whether the $1.2 million had been spent yet. Public Services Director Tecca indicated that it has been spent, as this was the cost of building the inlet channel. He indicated that there is still some question on the part of the Water Board as to whether this is part of the Lake Management Plan. He further indicated that this was sti11 up to interpretation. '1'HE EOREGOING MOTION CARRIED BY ONANIMOUS VOTE OF THOSE PRESENT. 39. Outflow Channel Fencing Options. (F:92.3) City Manager Molendyk gave an overview of the item and stated that the project specifications called gor fencinq of the channelo FIe asked that Council give direction in regard to the entire channel being fenced or having the fencing removed and assuming ~he liability with no fencing up in the older part of town. The Army Corp of Engineers stated that they would be willing to remove the fence if the City would assume the liabili~y; and there is $22,000 allocated for landscaping with an annual maintenance cost of $36,000 which could be allocated from the Lighting and Landscaping Maintenance District. A decorative fence is the option, but no costs were available at this timee PAGE NINETEEN - CITY COONCIL MIN[JTES - APRIL 12, 1994 MOVED BY DOMINGIIEZ, SECONDED BY WASHBURN TO APPROVE THE REMOVAL OF THE FENCE FROM THE OUTFLOW CHANNEL~ FROM THE LARE TO SUMNER AVENOE AND IISE THE $36,000 TOWARD LANDSCAPINGs Councilman Alonqi stated that he had a problem with removing the fence without knowing what the liabilities will be. He stated that he would like to have more information. He stated ~hat $36,000 is not enough for landscaping, but the Army Corp of Engineers might be able to move the fence in and leave enouqh room for a bike path and landscaping. He stated that he is concerned with the liability, and He cited incident where the child recently fell into the channel. Councilwoman Cherveny stated that the channel goes right past the Little League field and there are lots of children in that area and noted that a child has already fallen into the channel. She indicated that it would not preclude the City from going in and landscaping after the money is available. She stated that it was part of the bid and should be put in, due to the liability. Mrs. Cherveny stressed that safety should come first. Mayor Washburn commented on Alamo Creek in Texas which was an abandoned outflow channel and was turned into a tourist attraction and a thing of beauty. Using funds from the Lightinq and Landscaping District will allow the City to develop walk-ways and bike paths and minimum facilities which could outweigh the liability problems. He stated that it seemed a waste to allow the fencing to be placed and then have to go back in and tear it down, when the funds for the fence could be used for landscaping to enhance the beauty of the area. Mayor Washburn stated that fences build barriers and he felt that it was a detriment to what the City is trying to accomplish. He stated that he would amend the motion to allow staff to work with the Corps. and the Flood Control District to see how the money could be best spent. He stated that the project would not be completed until September. Councilwoman Cherveny stated that she was more concerned with the liability, and asked that the item be tabled until all the facts are gathered and brought back to Council. Mayor Washburn asked if Mr. Watenpaugh had talked with the Riverside County Flood Control Agency. Manager of Special Projects Watenpaugh e~cplained that he had met with the Flood Control District and the Army Corps of Engineers and $36,000 would represent the total amount of money that would come back to the City should the fence be removed. He explained that the money could go toward the City's share of the Grant Application that was submitted to the resource agency in January for $155,000, of which the City has an in kind share of $54,000, for a grant to landscape that area. Mr. Watenpaugh explained that the money would be used to asphalt the roadways along the top of the channel for walk-ways, shade trees, grass the slopes, etc. Councilwoman Cherveny asked if it allows for no fencing at all. Manager of Special Projects Watenpauqh explained that it did not delete the fencing. Councilman Alongi asked if the ultimate responsibility of the outflow channel is the responsibility of Riverside County Flood Control. Manager of Special Projects Watenpaugh stated PAGE 'd'WENTY ~ CITY COUNCIL MINUTES - APRIL 120 1994 that it waso Mro Alongi asked if they had the ultimate decision to say it will be fenced or it won°t. City Manager Molendyk explained that if the City does not assume responsibility for the channel if it is owned by the Fiood Control District and will be fenced. He stated that in the past the Council had indicated that they wanted it to be a greenbelt through town and if that were the case then the City would have to assume the responsibility and liability. Councilman Alongi asked if there was any way fhat the fence could be put on the slope lower down so that the tops of the slopes could be utilized for bike trails and walk-ways. Manager of Special Projects Watenpaugh explained that the fencing would then be in the flow of the outflow channel and it would become a problem for the release of water. City Manager Molendyk stated that staff needs direction from Council as to what they want staff to do. He explained that the JPIA would have to be contacted to determine what they will allowo MOVED BY CHERVENY A SUBSIDIARY MOTION TO CONTIN[TE THIS ITEM FOR TWO WEER~ ~O THE MEETING OF APRIL 26, 1994 IINTIL MORE %NFORMATION SS alVAILASLE. THE SUBSIDIARY MOTION DIED FOR LACR OF A SECONYD. Councilman Alongi sta~ed tlxat he had a problem with causing a delay or creatinq a cfiange order with the project, but this could cost the City moneye 'PHE MAYAi MOTIOIJ WA~ APPROVED BY A VOTE OF 2°PO 1 WYTH CHERVENY CASTING THE DISSENTING VOTE AND ALONGI AB3TAININGs PUBY,IC COMMENT~ - NON-AGENDIZED ITEMS Noa1e o CIT7C MANAGER COMMENT~ City k~Ianager Molendyk noted recent contacts to the Council regarding the kiission Trail/Malaga Intersection Improvements and requested an update from Public Services Director Tecca. Mr. Tecca detailed the project underway and noted a problem which arose witla the lawnmower shop propertye He noted that the County Road Department had been out arad discussions with them are ongoing to mitigate the problems at this location. Mr. Molendyk added that ~his discussion will allow the County representatives to determine the standard of improvements to be put in. City Manager Molendyk also requested that Mr, Tecca provide an update mn the investigation of a potentially toxic bacteria in the Storm Drain near Lakeshore Drive, noting that the results were positive for the City. Mr. Tecca detailed the concerns which arose and the results of the tests on the subject contents of the storm draina conducted on behalf of the Environmental Iiealth Departmento He advised that while the bacteria levels were found to be elevated this was considerecl a normal conclition due to plant an animal debris. He further advised that all other items, including metals, etc., were found to be within acceptable ranges. CITY COIINCIL COMMENTS Councilwoman Cherveny commented on the following; PAGE TWENTY-ONE - CITY COIINCIL MINOTES - APRIL 12~ 1994 1) Her disappointment with the Council decision on the Outflow Channel Fencing Issue. She noted the previous comments by Mrs. Palmer and expressed concern for children in the area. She stressed the danger to children who might enter the channel. She commented that it is clear that public safety is not a priority of this Council. She requested that Administrative Services Director Boone contact the J.P.I.A. for their position on ~his fencing issue. 2) She questioned the results of the Tuscany Hills sale. Administrative Services Director Boone indicated that he understood that the bid of J.M. Peters for $2.8 million had been accepted. City Attorney Harper noted that the total cost would actually be the $2.8 million plus existing liens for a total of approximately $19 million. Mrs. Cherveny questioned the outstanding amounts on the bonds. Mr. Harper indicated that this was.the difference between the $2.8 million and the $19 million. 3) Advised that the first Kids on Track program at Terra Cotta Junior High School will begin on April 25, 1994, at 1:45 p.m. 4) She congratulated City Attorney Harper on his tenth year with the City of Lake Elsinore. 5) Reminded the Community of Tax Day on April 15th. 6) Expressed further concern with the lack of conscience shown in the vote on the fencing. Councilman Alongi commented on the following: 1) Indicated to Councilwoman Cherveny that there will be a new Council in June, and noted that he abstained on the fencing issue because he needs more information. 2) Noted that he has worked with the Kiwanis Club and King Video to allow for recognition of Student~s of the Month from the local schools. 3) Addressed the Sun Tribune regardinq a letter to the editor from Mr. Foster. He noted that if he was supporting Nancy Collins in the June election, he would have her sign in the window of his truck to assist her. He indicated that he will not get involved in this election because it is an excellent time for the candidates to truly address the*p1476XissHes. ~hat this letter was completely incorrect. He further commented on discussion of Candidates Pape and Bender and indicated that Mr. Pape, as City Treasurer had taken no action to pursue and outstanding debt of a local developer. 4) Again addressed the Sun Tribune noting that the Amber Ridge Sewer Project is the first matter he has brought back in two years, while Mr. Winkler has brought back multiple issuese 5) Congratulatecl Dan Young and the contractors involved for PAGE °A'WENTl°~TWO - CITY COUNCIL MINIITES - APRII, 12e 5994 their work on the Stadium. He expressed his understanding of the pressure these people were under in completing the projecto 6) Noted that Lake Elsinore Village is experiencing an increase in car thefts. He referred this information to the City Manager. 7) Noted a national program on television which highlighted Lake Elsinore for its large number of car thefts. He indicated that he hoped that the nex~ Council would be serious about public safetyo Mayor Pro Tem Dominguez commented on the gollowinge 1) Praised the Senior Baking Contest and thanked them for the opportunity to serve as a judge this year. He thanked the Family Basket LFOr their participation in providing coffee for the event. Iflayor Flashburn commented on the following: 1) Senior Baking Contest, noting that participants included Lake Elsinore, Temecula and Murrieta residents. He further noted that this was the third annual event. 2) Advised that the Stadium will be ready for the baseball game on Friday night. He noted the similarity between the finished product and the original renderingso 3) Channel Fencing, noting that safety ancl enhancement of the channel are not mutually exclusive concerns. He noted that there is the potential for liability, but there are ways to accomplish both. He indicated that staff will work to ensure both. 4) Addressed Public Safety noting that the cities of Palo Alto and East Palo Alto have worked together to address local crime effectively, He noted that Lake Elsinore and the County would most likely have to work in cooperation similarly to see results. CLOSEI9 SES~ION None. THE REGULAR CITY COIINCIL MEETING WAS ADJOURNED A'1' 80855 P.M. 1~ ~~1~ GAR o WA3HBURNo MAYOR CIT OF LARE ELSINORE CLERR CITY OF' LARE ELSINORE