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HomeMy WebLinkAbout12-28-2001 Special City Council MinutesMINUTES SPECIAL CITY COUNCIL MEETING CITY OF LAKE ELSINORE 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA FRIDAY, DECEMBER 28, 2001 -10:00 A.M. :~~e:~~~e:~~~~~~r:~~r~r*:r:~*:~~***~~r~~~:~~r*n~x*x*~x~e*~~r:~~r*~r*:~*:~~x~~x~:~~~*:~:~~e:~**~r CALL TO ORDER Mayor Kelley called the Special City Council Meeting to order at 10:04 a.m. PLEDGE OF ALLEGIANCE Deputy City Clerk Paredes led the Pledge of Allegiance ROLL CALL PRESENT: COUNCILMEMBERS: BUCKLEY, HICKMAN, SCHIFFNER, KELLEY ABSENT: COUNCILMEMBER5: BRINLEY (Councilwoman Brinley Arrived at 10:06 a.m.) Also present were: City Manager Watenpaugh, Assistant City Attorney Van Blarcom, Administrative Services Director Boone, Community Development Director Brady, Information/Communications Manager Dennis, City Treasurer Ferro and Deputy City Clerk Paredes. BUSINESS ITEM Proposed Pilot Project for Recvcled Water. (F:164.1~ City Manager Watenpaugh explained that the City had taken an action at the request of EVMWD on December 6, 2001, sent a letter of support to the California Regional Water Quality Control Board for the "Lake Elsinore Water Emergency Replenishment Pilot Project". He indicated that the last PAGE TWO - SPECIAL MEETING - DECEMBER 28, 2001 paragraph of the letter had one line that the Regional Board and the Water District were concerned about as follows: "Moreover, it is the City's position that the District will be held responsible for mitigation of any and all negative impacts resulting from any discharge of treated wastewater into Lake Elsinore." He noted that the Mayor, Mayor Pro Tem and City Manager met with the President, Vice President and General Manager of EVMWD to discuss the issues and it was determined that the only mitigation that would be intended at this point, was that when the wells become available, additional well water would be pumped into the Lake. He further explained that the Regional Board, EVMWD and the City felt that the main issue was getting water into the Lake; and knowing that the recycled water has a higher nutrient level could be outweighed by the greater risk of having a fish kill and algae bloom anyway, since the Lake was getting so low. He suggested that the Council drop the mitigation requirement. He indicated that the only mitigation would be that the pumping of recycled water would stop should there be a problem. He stated that when the Memorandum of Understanding for the Wells was complete and the wells became functional, then well water could be pumped into the Lake to assist in diluting the recycled water. He further stated that 3,500-acre feet of water a year was a very small quantity of water in comparison to the volume. City Manager Watenpaugh indicated that staff would concur that the sentence regarding mitigation could be dropped to allow the pilot project to move forward jointly to accomplish the necessary steps. He noted a draft letter to the Regional Board for Council consideration, restating the City's position as follows: RE: December 6, 2001 Letter of Support/ Lake Elsinore Water Emergency Replenishment Pilot Project Dear Mr. Thibeault: This is to reiterate the City's support of a permit application for the Lake Elsinore Water Emergency Replenishment Pilot Project, per our letter of December 6, 2001. PAGE THREE - SPECIAL MEETING - DECEMBER 28, Z001 It is our understanding that the last paragraph of our December 6tn letter, which placed responsibility far mitigation on EVMWD, was of concern in allowing the pilot project to move forward. The Mayor and Mayar Pro Tem met with the President and Vice President of the EVMWD Board and offered to address their concems at a Special City Council Meeting. The City Council met December 28, 2001, and agreed to delete the condition that holds EVMWD responsible for mitigation of any and all negative impacts resulting from any discharge of treated wastewater into Lake Elsinore. We support the need for joint cooperation in allowing this pilot project and fixture water quality improvement projects to move forward. Again, the City of Lake Elsinore would request the Regional Board expedite approval of the District's permit application. Respectfully, City Manager Watenpaugh noted that this letter would be subject to the City Council taking action. He stated that it was his understanding that the City would recommend that there be no responsibility for mitigation. He noted that the Regional Board, EVMWD and the City would be partners in the project. He explained that if there was a problem, then the pumping would stop and the City would support LESJWA in funding equipment for the island wells. Mayor Kelley stated that it had been a positive meeting with the President and Vice President of EVMWD. She explained that after discussions with Assistant City Attorney Van Blarcom, it was decided that it would be acceptable to remove the sentence regarding mitigation. Assistant City Attorney Van Blarcom stated that the City Attorney's Office had reviewed the letter and found it to be acceptable. Mayor Kelley noted that during the meeting it was verbally agreed that EVMWD and the City would stand shoulder to shoulder with the pilot project, and should something go awry, PAGE FOUR - SPECIAL MEETING - DECEMBER 28, 2001 the Water District would stand with the City. She asked if there had been an response to the letter that was sent to the Water District to be heard at their meeting. EVMWD Boardmember Alongi stated that the letter had been reviewed at their meeting and it was found that as long as the City removed the sentence regarding mitigation, there would be no objection to the letter. Councilwoman Brinley stated that she had no problem supporting the new letter, but questioned if the City did have a fish kill or algae bloom, would the cost be shared by both EVMWD and the City. She asked who would be responsible far the cleanup. Assistant City Attorney Van Blarcom stated that was the issue in question, since in the first letter placed mitigation solely on EVMWD, and removing the sentence left the subject open; however in theory, it was felt that more would go right than would go wrong. He noted that should things go wrong, then the introduction of reclaimed water would be stopped, and EVMWD and the City would stand together. Mayor Pro Tem Schiffner stated that in the past there had been cooperation between EVMWD and the City and it was felt that there would be the same spirit of cooperation should there be a problem. Mayor Kelley explained that she was more comfortable suggesting that Council take the proposed action after it was discussed that when the Regional Water Quality Control Board acts on the permit, they would assign responsibility. Councilwoman Brinley asked if Assistant City Attomey Van Blarcom was comfortable with that. Assistant City Attorney Van Blarcom agreed. Mayor Kelley noted that EVMWD had helped in the past and would probably continue to do so. Mayor Pro Tem Schiffner stated that the cause of fish kills was discussed and there was no definate answer as to what triggers them. He noted that at the meeting it was discussed that if a fish kill should occur, then it will be discussed at that time. Councilwoman Brinley asked how long it would take to process the permit. Assistant City Attorney Van Blarcom stated that he was told that the Regional Board would be taking the permit under consideration at their meeting of January 23, 2002. Councilwoman Brinley asked how long after approval it would take to start pumping. Boardmember Alongi stated that it would take approximately six months. PAGE FIVE - SPECIAL MEETING - DECEMBER 28, 2001 Councilman Hickman asked why they could not send it down the inflow channel. EVMWD Boardmember Alongi stated that too much water would be lost to evaporation and percolation. Mayor Pro Tem Schiffner stated that there had been discussion that the wells would not be ready at the time that the reclaimed water would become available. He further stated that it was determined that a small amount would be introduced each day over a one-year period. Councilman Hickman questioned the need to refer to the previous letter. He suggested eliminating the second paragraph altogether. He asked for Councilman Buckley's opinion. Councilman Buckley stated that the second paragraph was being used to clarify the City decision. Mayor Kelley stated that the second paragraph was used to clarify the change in the City position from the first letter. MOVED BY SCHIFFNER, SECONDED BY BRINLEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE DRAFT LETTER AND DIRECT THE CITY MANAGER TO FINALIZE THE LETTER IN SUPPORT OF THE LAKE ELSINORE WATER EMERGENCY REPLENISHMENT PILOT PROJECT AND SEND IT TO THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD. City Manager Watenpaugh stated that he felt that there was no reason to hold a Closed Session since the approval of the letter eliminated further discussion. ADJOiIRNMENT CITY COUNCIL ADJOURNED THE SPECIAL CITY COUNCIL MEETING AT 10:24 P.M. PAGE SIX - SPECIAL MEETING - DECEMBER 28, 2001 DUE TO CONCERNS EXPRESSED BY COUNCILMAN BUCKLEY, THE CITY COUNCIL MEETING WAS RECONVENED TO HEAR CLOSED SESSION AT 10:25 P.M. CITY COUNCIL CLOSED SESSION Assistant City Attorney Van Blarcom announced the following Closed Session item: A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code §54956.9) City of Lake Elsinore v. Elsinore Valley Municipal Water District (Riverside Superior Count Case # 35961) CITY COUNCIL RECESSED AT 10:25 A.M. CITY COUNCIL RECONVENED AT 11:47 A.M. WITH NO REPORTABLE ACTION. ADJOURNMENT MOVED BY BRINLEY, SECONDED BY SCHIFFNER AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE SPECIAL CITY COUNCIL MEETING AT 11:48 A.M. Respectfully submitte CA ri~aredes ~ ~ Deputy City Clerk --j. /. . GE KELLEY, M OR C OF LAKE ELSINORE AT EST: ~ VICHI KASAD, CIT CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE