HomeMy WebLinkAbout06-22-1993 City Council MinutesMINIITES
REGIILAR CITY COtJNCIL MEETING
CITY OF LARE ELSINORE
31315 CHANEY STREET
LARE ELSINOREe CALIFORNIA
`PIIESDAYs JIINE 22s 5993
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CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:02 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Alongi,
ROLL CALL
PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOPi7NGUEZ,
WINKLER, WASHBURN
ABSENT: COUNCYLMEMBERS: NONE
Also present were: City Manager Molendyk, Assistant City Manager
Rogers, City Attorney Harper, Administrative Services Director
Boone, Community Development Manager Shear, City Planner Leslie,
Community Services Director Sapp, Public Services Director Tecca,
Manager of Special Projects Watenpaugh, City Treasurer Pape and
City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
B. Proclamation - Barton Del Rio - World Tae Kwon Do Champion.
(F:122.1)
Mayor Washburn read the Proclamation and presented it to Mr.
Del Rio and congratulated him on his accomplishments.
Mr. Del Rio thanked the Council for this recognition, his wife
for her support, his martial arts students for their support
and his boss at Coldwell Banker for his flexibility in
allowinq him time to participate in these events.
C. Proclamation - P.mateur Radio Field D~. (F:122.1)
Mayor Washburn read this Proclamation and presented it to Mr.
Frederick Finke on the behalf of all local Amateur Radio
operators.
Mr. Finke thanked the Council Por this recognition and
commented on the upcoming ~'Field Day1° which is part of a
national exercise in preparation for emergency situations.
A. Presentation - Downtown Video.
Mayor Washburn explained that this is a new video designed to
help promote the downtown area and highlight the recent
improvements.
The video was presented.
PAGE TWO - CITY COIINCIL MINQTE~ - JIINE 22s 1993
PIIBLIC COMMENTS - AGENDI2ED YTEMS
None Requested.
CON3ENT CALENDAR
The following items were pulled from the Consent Calendar for
further discussion and consideratione
Ytem Nos. 2 and 3.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED,
1, The following Minutes were approvede
a. Regular City Council Meeting - June 8, 1993. (F:44.4)
4, Approved a three year Cooperation Agreement with the County of
Riverside for the 20th, 21st and 22nd Community Development
Block Grant Program years and authorized the Mayor and City
Clerk to execute the agreement. (F:84.2)
YTEMS PULY~ED FROM CONSENT CALENDAR
2. L.E.A.F. Animal Control Activitv Rebort - Mav, 1993. (F:18.2)
Councilman Alongi noted that the statistics for animals turned
in by owners and animals euthanized are beginning to climb
again. He also noted that surrounding communities are seeing
increases as well. He stressed the cost of dealing with these
animals and encouraged the Community to reduce those
statistics.
MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE
TO RECEIVE AND ORDER FILED THE L.E.A.F. ANIMAL CONTROL ACTIVITY
REPORT FOR MAY, 1993.
3, Warrant List - June 15. 1993, (F:12.3)
Councilman Alongi commented on Warrant No. 31843 and inquired
whether it pertained to the launch ramp at Lakepoint Park. He
indicated that he would like to see a separate accounting of
funds spent on the Lake. He also commented on Warrant No.
31877 and inquired whether it would be possible to more
clearly identify the purpose of each item. He noted that his
understanding was that the Structure Abatement program was
funded by fhe Redevelopment Agency and indicated that it
should appear on the Redevelopment Agency listing.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE
TO RATIFY THE WARRANT LIST AS PRESENTED.
PIIBLIC HEARING3
21.
xevlseu - i.,axe ~;isinore ~uLlec ~encer - urainance NO. y6V.
(F:150.2)
City Manager Molendyk detailed this request for expansion of
the existing plans. He indicated that he had received a
question regarding adequate parking and upon checking,
sufficient parking is proposed as part of the plan.
PAGE THI2EE - CITY COIINCIL MINOTES - JUNE 22~ 1993
Kenny Smith, representing
photographs of the existing
additional areas will be of
presented a site plan and
additional 70,000 square feet
additional stores. He noted a
site.
McArthur Glen Group, showed
buildings and noted that the
the same type and design. He
renderings of the requested
of space with approximately 18
n area being left natural on the
City Manager Molendyk clarified that the portion of the site
left natural is for mitigation of wetlands as required by the
Department of Fish and Game. He commended Mr. Smith on the
existing project and the proposed expansion.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:25 p.m. asking
those persons interested in the project to speak. Hearing no
one, the public hearing was closed at 7:26 p.m.
MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE TO ADOPT MITIGATED NEGATIVE DECLARATION 93-3; APPROVE SPECIFIC
PLAN 90-1 AMENDMENT NO. 1 AND APPROVE DESIGN REVIEW FOR COMMERCIAL
PROJECT 90-6 (REVISED); BASED ON THE FOLLOWING FINDINGS AND SUBJECT
TO THE FOLLOWING CONDITIONS OF APPROVAL.
FINDINGS - SPECIFIC PLAN 90-1 AMENDMENT NO. 1
1. The Specific Plan Amendment meets the Specific Plan
criteria for content and systematic implementation
of the General Plan established by Section 65450 of
the California Government Code and Section 17.99 of
the City of Lake Elsinore Municipal Code.
Development regulations provided in the City Zoning
Code shall apply, unless specified in the Specific
Plan Amendment. Approval of the amendment shall
not be interpreted as waiving compliance with other
provisions of the Lake Elsinore Municipal Code,
except in those areas where the amendment
specifically applies.
3. The Specific Plan Amendment complies with the
California Environmental Quality Act. All adverse
impacts have been adequately mitigated to levels of
insignificance.
4. The Specific Plan Amendment will not be detrimental
to the health, safety, comfort or general welfare
of the persons visiting or working within the
neighborhood of the project area, nor will it be
injurious to property or improvements in that area
or the City because of tne amendment, mitigation
measures contained in the Mitigated Negative
Declaration, and Conditions of Approval.
FINDINGS - MITIGATED NEGATIVE DECLARATION
1. The Mitigated Negative Declaration meets CEQA and
the City's requirements for environmental
evaluation of a project of this nature.
PAGE FOUR - CITY COIINCIL MINIITES - JIINE 22~ 1993
The Mitigated Negative Declaration was submitted
and reviewed in accordance with CEQA and procedures
established by the City of Lake Elsinore.
FINDINGS - COMMERCIAL PROJECT
1. The proposed design implements the plans and design
guidelines of Specific Plan 90-1
Amendment No. 1.
2. The project complies with the goals, objectives and
policies of the General Plan and the zoning
district in which the project is located.
3. The project complies with design directives
contained in Chapter 17.82.060 and all other
applicable provisions of the Lake Elsinore
Municipal Code.
4. Conditions and safeguards pursuant to Chapter
17.82.070, including guarantees and evidence of
compliance with conditions, have been incorporated
into the approval of the subject project to ensure
development of the property in accordance with the
objectives of Chapter 17.82 and the planning
district in which the site is located.
CONDITIONS OF APPROVAL FOR SPECIFIC PLAN 90-1 AMENDMENT NO 1
1. Design of the Outlet Center shall meet all
standards and guidelines contained in Specific Plan
90-1 Amendment No. 1.
2. Mitigation measures contained in the Mitigation
Monitorinq Program for the project shall be
implemented in accordance with the program.
3. The applicant shall undergo tri~ City°s design
review process again, if the project's site plan is
later revised to allow development of the on site
wetlands as parking area.
4. If the on site wetlands are developed, the
applicant shall provide replacement mitigation area
off site, in accordance with requirements of the
California Department of Fish and Game and the U.S.
Army Corps of Engineers.
CONDITIONS OF APPROVAL FOR COMMERCIAL PROJECT 90-6 (REVISED~
1. The applicant shall either continue to implement
and/or comply with those conditions that were
approved with the original Outlet Center Specific
Plan 90-1,
22. 1993-94 Fiscal Year Budget Public Hearinq. (F:30.1)
Mayor Washburn noted that one additional workshop is proposed
for this year's Budget. City Manager Molendyk noted that the
State Budget was adopted on Monday and more specifics will be
available gor the workshop which has been set for July 1,
1993, at 2:00 p.m.
PAGE FIVE - CITY COIINCIL MINQTES - JIINE 22, 1993
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO CONTINUE THIS PUBLIC HEARING TO THE NEXT REGULAR CITY
COUNCIL MEETING JULY 13, 1993~ TO ALLOW FOR THE FINAL WORKSHOP ON
JULY 1, 1993.
23. Public Hearinq_.on Fiscal Year 1993-94 Citvwide Liahtina and
- Resolution No. 93-35. (F:22.2)
City Attorney Harper explained this item and noted that it is
for the annual levy of assessments. He further noted that no
rate increase is contemplated for this year's program.
Mayor Washburn opened the public hearing at 7:27 p.m. asking
those persons interested in this item to speak. Hearing no
one, the public hearing was closed at 7:27 p.m.
Councilwoman Cherveny questioned the original establishment of
this District and the stipulation that senior citizens would
qualify for a 50~ rebate. She noted that it was originally
limited to people who were senior citizens on that date and
not available to those becoming seniors after that date. She
inquired whether it would be possible to exempt all senior
citizens, noting that she has been contacted by a number of
seniors. City Attorney Harper confirmed that it could be
applied across the board, however it might be appropriate to
investigate why the Council did not take that action
previously. He indicated that this approach is generally used
to phase in an assessment.
Councilman Winkler noted that when originally established the
requirements for eligibility were set to assist those long
term residents already living in the Community, as new
residents are advised of the assessment before they purchase.
He further noted that in checking with the Finance Department,
there are currently 35 residents taking advantage of this
rebate.
Councilman Alongi read the existing Council Policy for Senior
Citizen Rebates and indicated that he would like to see this
apply to any senior citizen, noting that he does not want to
discriminate against new residents. He noted that in general
senior citizen discounts are applied to all seniors.
City Attorney Harper clarified the legal difficulties and
justification for not having exemptions apply across the
board.
Mayor Washburn noted that to date the rebates have seemed to
work fine.
Councilman Alongi expressed concern that most people don't
understand the existing policy. He noted that he would have
no concern with limiting the rebate to property owners only.
MOVED BY DOMINGUEZ, SECONDED BY WINKLER TO ADOPT RESOLUTION NO. 93-
35 CONFIRMING THE 1993-94 ASSESSMENTS WITH NO INCREASE.
Councilwoman Cherveny questioned the ability to include a
provision regarding the senior rebates in the resolution.
Councilman Winkler indicated that he would not mind reviewing
PAGE SI% - CITY COONCIL MINUTES - JONE 22~ 1993
that matter further, but he would still limit the exemptions
to ~hose who owned property at the time the District was
formed.
City Attorney Harper clarified that ~his Resolution was
adopting the Engineer's Report; however if the resolution is
approved, it could be brought back later for amendment, since
no one would be paying this assessment before December 10th.
Councilman Winkler called for the question.
THE FOREGOING MOTION CARRIED BY A VOTE OF 3 TO 2 WITH ALONGI AND
CHERVENY CASTING THE DISSENTING VOTES.
Mayor Washburn requested that the City Manager review the
senior rebate program and determine the potential impact of
expanding the program.
Councilman Alongi expressed concern in light of improvements
on the Lake and questioned whether newcomers should be
required to pay more.
24. Determination of Vicious Doa - 17116 Gunnersono (F:18.1)
City Manager Molendyk explained this item regarding a brown
male pitbull, at 17116 Gunnerson Avenue, owned by Rick
Callirgos and Yolanda Triana.
Flilla Bagwell, representing L.E.A.F., explained they were
called out on June 16, 1993, because this pit bull was chasing
a girl and her mother down the street; and the indication was
that this has occurred previously. She further explained that
the dog attempted to attack L.E.A.F. representatives as well.
She showed the Council the chain the dog was dragging behind
it, which she estimated to weigh 30 pounds. She expressed
concern that the owners have no fence around their yard and
children and other animals can approach the dog. She noted
that the owners do have a sign posted that there is a vicious
dog. She further noted that since the dog has been at the
shelter it has continued to act viciously. She indicated that
she feels the dog should be in a Kennel.
The girl who was chased by the dog detailed the incident in
which the dog chased her mothers car. She expressed concern
in that children walk through that area.
Rick Callirgos and Yolanda Triana, owners of the doq indicated
that they had been out of town and the dog broke loose because
it was alone. Ms. Triana indicated that if similar incidents
had occurred she had not been informed of them. She detailed
the configuration of her property and indicated that the dog
protects the property. She advised that the dog is usually
double chained to where it can not get within 6 to 8 feet of
walkways. Mr. Callirgos indicated that the dog is not
vicious, noting that he has children and others visit. He
suggested that the dog has acted poorly at the shelter because
it is alone. He indicated that he was not aware of how the
dog broke the chain, noting that there was not evidence of the
chain being broken. He indicated that he raould be willing to
follow set guidelines for another chance to keep the dog.
PAGE SEVEN - CITY COIINCIL MINIITES - JIINE 22~ 1993
Councilman Winkler inquired whether other reports had been
received by L.E.A.F. Ms. Bagwell indicated that the dog had
bitten and animal control officer in another city. Mr.
Callirgos advised that the dog did bite the officer, however
the officer had moved to pet the dog to quickly and was at
fault.
Councilman Winkler inquired whether other reports had come to
L.E.A.F. Ms. Bagwell indicated that there had only been
reports of a dog matching this description running loose in
this area.
Councilman Winkler questioned the documentation presented and
whether the dog was to be deemed vicious or potentially
dangerous. Ms. Bagwell clarified that the petition is for a
finding of potentially dangerous only because the dog has not
bitten yet.
Mayor Washburn inquired what L.E.A.F.'s recommendation would
be. Ms. Bagwell indicated that she would recommend that the
dog be housed in a kennel behind a fence.
Mayor Pro Tem Dominguez noted the photographs and information
provided and indicated that the yard is not fenced, the dog is
running loose and is not licensed. He inquired whether the
dog has had its shots. The owner indicated that the dog is
not yet licensed because they just recently moved in. Ms.
Bagwell indicated that she has previously contacted the owner
and requested that they provide water and shade for the dog
and license it.
Councilwoman Cherveny inquired how long the owners had lived
in the City. They indicated they had moved in two months ago.
Councilman Alongi expressed concern that this dog is
improperly fenced and confined. He stressed the need for the
dog to be confined, because keeping it on a chain does not
provide safety for the public. He recommended that the dog be
properly confined or destroyed.
Councilman Winkler indicated that he would concur with
declaring the dog vicious.
Ms. Bagwell questioned the period of time the Council would
want L.E.A.F. to hold the dog.
Ms. Triana inquired whether the requirement would be to
provide fencing and a kennel.
Councilman Alongi noted that the kennel should have a cement
slab to prevent the dog from digging out. He noted the
difficulty for L.E.A.F. to board and feed dogs for a long
period of time.
Mayor Washburn clarified the recommendations of L.E.A.F.
Councilman Winkler questioned a reasonable time limit for the
owners to provide adequate facilities. Ms. Bagwell indicated
that L.E.A.F. has already had the dog for 7 days, but they
could probably house it for an additional week.
PAGE EEGHT - CITY COIINCIL MINOTES - JUNE 22~ 5993
Councilman Alongi stressed the space limitations at the animal
shelter.
Ms. Bagwell indicated that these requirements were expressed
to the owners 5 days ago and to date nothing has been done.
Councilwoman Cherveny questioned the willingness of the owners
to build a kennel. The owners advised that they would build
one, but more time would be needed. They further advised that
they had offered to neuter the doq to calm it down, as
discussed with a veterinarian, however they had been given
only 3 or 4 days notice of this hearing. Councilwoman
Cherveny inquired whether the owners had approached a
veterinarian because of previous aggressiveness. The owners
indicated they had only mentioned it when in for a regular
veterinarian visit.
Councilman Alongi indicated that he would not be in favor of
releasing the dog back to the owner, however, a muzzle might
be aclequate until a kennel can be builto
Councilwoman Cherveny noted that the dog must appear to be
very aggressive and vicious or L.E.A.F. would not feel so
strongly. She stressed the animal control officers compassion
for animals. She inquired whether two weeks to build the
kennel would be adequate and whether they would be willing to
pay room and board to L.E.A.F. The owners indicated that they
could not afford to pay this.
Councilman Alongi expressed concern tksat this dog could
endanger the other animals. The owner indicated they would
muzzle the dog and keep it insideo
Councilwoman Cherveny stressed that she does not want to see
further problems and does not want to regret a decision to
allow the owners another chance. She also stressed the need
to follow the recommendations of L.E.A.F. as the City's animal
experts.
Y+IOVED ~Y WINKLER, SECONDED ~Y DOMINGUEZ TO DECLARE THE DOG
POTENT%ALLY DANGEROUS AND GIVE THE OWNERS TWO WEEKS TO BUILD A
SUITABLE FACILITY; AND FURTHER THAT THE DOG NOT BE TURNED OVER TO
THE OWNERS UNLESS IT IS LICENSED AND NEUTERED AND ALL FEES ARE
PAID.
Councilman Alongi expressed concern that the animal might
still escape.
Councilman Winkler stressed that the dog should not be
released until the owner has provided facilities with which
L.E.A.F. representatives feel comfortable.
Ms. Bagwell indicated that she would have no problem with the
dog being in the house, but stressed the need for the dog to
be in a kennel within a fence otherwiseo
THE FOF2EGOING MOTION CARRYED BY UNANIMOUS VOTE,
BUSINESS ITEMS
31. Notice of Completion for Asphalt Rubber Chio Seal and
PAGE NINE - CITY COIINCIL MINIITES - JONE 22s 1993
Miscellaneous Street Ymprovements. (F:156.1)
City Manager Molendyk commented on this project.
Councilman Alongi inquired whether the contractor was present.
He indicated for the record that this work had been done very
well.
MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE
TO ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE RECORDATION.
32.
DiStYiCt 88-3. (F:22.3
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO APPROVE CHANGE ORDER NO. 3 FOR THE PHASE II TRUNK SEWER AS
DETAILED ABOVE.
Councilwoman Cherveny noted that she was please to see a
change order which included two decreases.
33.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO ACCEPT THE NOTICE OF COMPLETION AND AUTHORIZE RECORDATION.
34. Sheriff Contract - Facility Charaes. (F:127.2)(X:68.1)
City Manager Molendyk commented on the loss of revenues at the
County as well as the City level, caused by the State budget
adjustments. He e~lained that two years ago the booking fees
were passed on to the City at a rate of about $100,000 per
year. Ae further explained that this year the facility
maintenance costs are being passed on. He noted that this is
a total increase of $134,000 without additional officers.
MOVED BY CHERVENY, SECONDED BY ALONGI TO APPROVE THIS CONTRACT
AMENDMENT.
Mayor Washburn questioned the ownership of the building in
which the Sheriff's Department is housed.
Mayor Pro Tem Dominguez indicated that it is owned by the
City.
Mayor Washburn indicated that he would not mind approving this
item subject to verification of ownership.
Administrative Services Director Boone indicated that it was
his understanding that the City does not own it. He further
indicated he would check for a land lease.
City Manager Molendyk suggested that this item be tabled for
further investigation.
THE FOREGOYNG MOTION WAS WITHDRAWN.
District 88-3. (F:22.3)
PAGE TEN - CITY COONCIL MINIITES - JITNE 22~ 1993
MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO TABLE THIS ITEM FOR TWO WEEKS.
35. Fire Protection Aareement - Fiscal Year 1993-94.
(F:127.3)(X:68.1)
City Manager Molendyk indicated that this was part of the
existing agreement for fire services.
MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE
TO TABLE THIS ITEM UNTIL AFTER THE BUDGET WORKSHOP.
36. State Budae~ Impact - Riverside County Fire Services -
47ithdrawal from Structural Fire Tax Fund. (F:127.3)
City Manager Molendyk explained that a series of ineetings
have been held between local contract cities and the County
Fire Department to consider potential benefits of withdrawing
from the Structural Fire Tax Fund. He noted previous Council
action on February 23, 1993, on this matter which supported
this withdrawal. He advised that based on the provisions of
the State budget adopted this week, the recommendation would
now be to remain in the Districte
MOVED BY DOMINGUEZ, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS
VOTE TO RESCIND PREVIOUS ACTION TO WITHDRAW FROM THE STRUCTURAL
FIRE TAX FUND AND REMAIN A PART OF THIS DISTRICT.
37. Second Reading - Ordinance No. 958 - Specific Plan No 90-2 -
North Peak. (F:150.2)
MOVED BY CHERVENY, SECONDED BY DOMINGUEZ TO ADOPT ORDINANCE NO.
958:
ORDINANCE NO. 958
AN ORDINANCE OF THE CYTY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIFORNIA, APPROVING AMENDMENT #1 TO THE NORTH PEAK SPECIFIC
PLAN (SP 90-2) (TMC COMMUNITIES).
UPON THE FOLLOWING ROLL CALL VOTE:
A1'ES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: WINKLER
38. Second Reading - Ordinance No. 959 - Special Events Permit
Process. (F:151.1)
IKOVED BY CHERVENY, SECONDED BY ALONGI TO ADOPT ORDINANCE NO. 959:
ORDYNANCE NO. 959
AN ORDINANCE OF THE CITY COUNCIL OF THE CYTY OF LAKE ELSINORE,
CALIFORNIA, REGARDING SPECIAL E~/ENT PERMITS.
UPON THE FOLLOWING ROLL CALL VOTE:
PAGE ELEVEN - CZTY COUNCIL MINUTES - JUNE 220 1993
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WINKLER, WASHBURN
NOES:
NONE
ABSENT: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
39. Lake Maintenance & Operations. (F:92.1)
Mayor Washburn noted the Council action on June 18, 1993,
authorizing staff to proceed with a contract to clean up the
algae.
City Manager Molendyk noted that the Council had also hired
Dr. Sutton to assist in reviewing the biological
recommendations. He advised that the estimated cost at this
time is $343,000 and the contract should be signed this week
with application to start on approximately June 28th and be
completed by July 2nd.
Councilman Alongi inquired whether the County had been asked
to contribute to the clean up. Mayor Washburn indicated that
he had prepared a letter on behalf of the Council to the
Supervisor's OfPice.
40. Eastlake M.O.U. - Discussion requested bv Councilman Winkler.
(F:134.10)(X:134.7)
Councilman Winkler noted the Water District Meetinq held this
date and the agreement which they approved.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ TO APPROVE THE AGREEMENT.
Councilman Winkler noted that the most significant issue was
the guarantee of no litigation on the E.I.R.
Councilwoman Cherveny questioned why the City was a party to
this agreement rather than just the developer and the Water
District. Mayor Washburn advised that the City is a party
because it certifies the E.I.R.
Mayor Washburn questioned the need £or City or Redevelopment
Agency verbiage. City Attorney Harper clarified that most
issues are areas of City legal authority.
Councilwoman Cherveny questioned page 2 of the agreement with
regard to the 31,000 acre feet of water, while the Development
Agreement indicates 27,000. Mayor Washburn clarified that it
will ultimately depend on the flood control district criteria,
as their approval is needed to proceed. City Attorney Harper
advised that as a practical matter this would make no
difference.
Councilwoman Cherveny questioned page 4 of the agreement
regarding the Hex 4 Study at a cost of $20,000. City Manager
Molendyk clarified that this cost would also include the
inundation maps.
Mayor Washburn questioned page 7 of the agreement regarding
water rights, and whether it would only be tied to the
PAGE 'd'WELVE ~ CI'1,'S COUNCIL~ MINIITE~ ~ JIIN~ 22.0. A993
tentative maps for this project. City Attorney Harper
confirmed that it would pertain only to this projecto
Councilwoman Cherveny inquired whether the Stadium would be
subject to the water right issuee City Attorney Harper
clarified that while it was part of this project, it is not
part of a f.entative map. He noted ~hat there are still
matters to be clarified, because the stadium is a City project
on City property as opposed ~o the developer. Councilwoman
Cherveny clarified that the stadium is a Redevelopment Agency
project.
Councilman Alongi questioned who would pay for the Hex 4
Study. City Attorney Harper indicated that the developer
willo
Councilman Alongi commented that he felt this agreement was
unnecessary and expressed concern with third party involvement
in the project. He noted the City's responsibility to ensure
that the 33,780 qallon storage capacity will be preserved at
a11 times. City Attorney Harper clarified the Cityos
obligationa
Councilman Alongi indicated that issue should be part of the
E.I.R., not part of the report. City Attorney Harper
indicated that this was not an accurate statement.
Councilman Alongi expressed concern that this document is one
of distrust on the part of the Water District.
Councilman Alongi noted the comments of the Mayor on page 7
regarding water rights and questioned why the City would give
them up. Mayor Washburn advised that it was part of the
Agreement to Eill and Operate.
Councilman Alongi suggested that this item be postponed to
allow for further investigation. He addressed comments in the
Californian and expressed opposition to this M.O.U. He
suggested that the section regarding arbitration should make
the party responsible for and wrongs, responsible for costs.
Councilman Winkler called for the question.
THE FOREGOING MOTION CARRIED BY A VOTE OF 4 TO 1 WITH ALONGS
CASTING THE DISSENTING VOTE.
PIIBLIC COMMENTS - NON-AGENDIZED ITEM3
Deferred to Redevelopment Agency Meetincy.
CITY PiANAGER COMMENTS
Deferred to Redevelopment Agency Meeting.
CITY COUNCIL COMMENTS
Deferred to Redevelopment Agency Meeting.
CLOSED SESSION
None.
PAGE THIRTEEN - CITY CO,IINCIL MINIITES - JIINE 22s 1993
The City
1993, at
Stadium.
Council Meeting was adjourned at 8:24 p.m. to June 29,
2:00 p.m. for a Special Meeting regarding the Municipal
AT EST;
~(\~~v~YCr" \
VICiZI KASAD, C~`I'Y CLERK
CITY OE LAKE ELSINORE
~ Vvl~(/~"!iL(~---
GAR M. WASHBURN~ MAYOR
CI OF LAKE ELSINORE