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HomeMy WebLinkAbout08-08-1996 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING C1TY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 13,1996 ^x~*xa*xxx*xxxxxaxxxaxx~xx*xz*~txx*x*~cx*~z*zfe*zx*~x*~*~~xx~*xwxxxaxxx~txzs~x*xse* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Pape at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilwoman Brinley. INVOCATION The Invocation was provided by Reverend Pat Woods, Calvary Chapel. PRESENTATION The presentation by the International Marathon Race, National Speed Boat & Water Ski Association will be presented later in the meeting. (F:151.1) ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE,PAPE ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, Acting City Attorney Mike Montgomery, Administrative Services Director Boone, Community Development Director Leslie, Community Services Director Sapp, City Engineer O'Donnell, Recreation & Tourism Manager Edelbrock and Deputy City Clerk Bryning. PUBLIC COMMENTS - AGENDIZED ITEMS Requests were received to address the following items and deferred to those discussions: Item No. 4. CONSENT CALENDAR TTEMS The following item was pulled from the Consent Calendar for fixrther discussion and consideration: Item No. 5. MOVED BY BRINLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. The following Minutes were approved: a. Regular City Council Meeting - 7uly 23, 1996.(F:44.4) PAGE TWO - CITY COUNCIL MINiTTES - AUGUST 13, 1996 2. Received and ordered filed the Investment Report for 7une 30, 1996. (F:12.5) Ratified the Warrant List for 7uly 30, 1996. (F:12.3) 6. Accepted Notice of Completion for Scrivener Street Sidewalk and City-Wide Pedestrian Access Ramp. (F:146.1) Adopted Resolution No. 96-49 authorizing supplement No. 009 for Machado Street/Lincoln Street Signalization. (F:162.4)(X:68.1) RESOLUITON ON. 96-49 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORN~A, ADOPTING PROGRAM SUPPLEMENT NO. 009 TO LOCAL AGENCY/STATE AGREEMENT FOR FEDERAL-AIIi PROJECTS NO. 08-5074 MACHADO STR~ET AT LINCOLN STREET SIGNALIZATION. 8. Approved the Notice of Completion for Traffic Signals and Safety Lighting at Machado/ Lincoln Streets, and Lakeshore Drive/Chaney Street. (F:162.4) 9. Approved setting Public Hearing for August 27, 1996 as follows: a. Annexation No. 64. (F:20.2) 1. Proceedings for the referenced Proposal were initiated by William and Rosalyne Hall and submitted to the County of Riverside Local Agency Formation Commission. 2. The Boundaries of the subject territory are: The site is appro~cimately 87 acres generally located west ofHighway 74, east of l lth St., North of Interstate 15 and South of Conard Ave. In Warm Springs Area. 3. The proposed terms and conditions are set forth in LAFCO No. 94-20-1, and Resolution No. 18-96. 4. The short form designation of the proposal is LAFCO No. 94-20-1, Reorganization to include Annexation No. 64 to the City of Lake Elsinore. 5. The reason for the proposal are: This is a proposal initiated by the major landowner, William and Rosalyne Hall, to annex appro~cimately 87 acres of land to the City of Lake Elsinore consistent with all recent proposals for annexation to Lake Elsinore. The proposal is contiguous to the City and the affected territory is consistent with the City's Sphere of Influence. ITEMS PTJLLED FROM THE C NSENT ALENDAR 4. Appointment of Chilton & O'Conner as Bond Coun 1. (F:68.1)(X:126.1) Dick Knapp, City Treasurer, protested this action and explained that he felt that there were too many people involved. He noted that the last bonds cost the City 5.55% of the total issue and that there was no need to involve so many people. He stated that our staff should call other cities and see what the cost of bonds are and noted that their cost is about half of ours: He further stated that when so many people are involved in all of the bond issues they will want a bigger chunk and he felt that there was no reason to designate anyone right now, unless we have a problem and then designate them on that particular problem only. Chris Hyland, 15191 Wavecrest Drive, asked if the appointment of Chilton and O'Conner was being done to replace the man in San Francisco, and if this is the case then she asked that Council tell the citizens of the community why and have the reason placed in the minutes as to why they are replacing the man in San Francisco as Bond Counsel. PAGE THREE - CITY COUNCIL 1VIII~TUTE5 - AUGUST 13,1996 City Manager Molendyk introduced Mr. George McFazlin who is part of the Financial Team and ask him to explain this action. George McFarlin, Lawyer specializing in Municipal Finance, Lake Forest, explained that this team was initially put together for the purpose of working on several Districts in the City with delinquencies or other situations which will require some special attention. The Furn of Chilton and O'Conner aze underwriters and specialists in this type of situation. Jones, Hall, and 7ohn Harper are the original Bond Counsels for the transaction and would have a minor role, primarily as historical link to the bond issues that will be dealt with and his firm would be Work-Out Counsel and Ron Gunn will evaluate fi om a financial basis. He noted that this team is composed of people that the City already has a working relationship with, with the exception of a couple of new names who are specialists in Work-Out situations like this. He explained that the specific purpose of this team is to cure the problem. MOVED BY BRINLEY, SECONDED BY KELLEY AND CARRIED BY UNANIMOU5 VOTE TO APPROVE THE ADOPTION OF RESOLUTION NO. 96-48 DESIGNATING CONSULTANTS TO ASSIST WITH THE ANALYSIS AND RESTRUCTURING OF IMPROVEMENT DISTRICTS AND THE REFUNDING OF OBLIGATIONS RELATED THERETO. RESOLUTION NO. 96-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING CONSULTANTS TO ASSIST WTTH THE ANALYSIS AND RESTRUCTURING OF IMPROVEMENT DISTRICT AND THE REFUNDING OF OBLIGATIONS RELATED THERETO. 5. Change Order No 1- Scrivener Street Sidewalk and Citv-Wide Pedestrian Access Ramp. (F:146.1) Councilman Alongi stated that his concem is based on the fact that there are a lot of other areas in our community with curbs and sidewalks he would rather see the money spent on them. He asked why the changes listed on the Change Order were not seen at the beginning when the job was reviewed prior to the bid. He pointed out that the various items listed on the Change Order constitute approximately 25% of the contract itself and asked why these items were not seen ahead of time. City Engineer Ray O'Donnell stated that some additional sidewalk and an additional pedestrian ramp were added because they were necessary to meet existing improvements and funding was available. He explained that a survey was not done on the job, therefore they had no grade differences and that is why the driveways and brick walkways had to be addressed. He further explained that to try and save money the City had schematic plans done and there was no way to know the elevation differences in advance, therefore some driveways had to be e~ctended after commencement of construction. City Manager Molendyk explained that these are special funds allocated through the County, and the Council should ensure that the City utilizes their full allocation. He further e~cplained that by adding the Change Order, the City will be able to complete additional needed 'unprovements and will be able to use the full funding allocation. He noted that if the Change Order is not approved, the money would not be reimbursed to the City by the County. Councilman Alongi stated xhat his point is that there are sidewalks in the community that are in great need of repair and he felt that those should take precedence over putting in new sidewalks. He noted that a few years ago there was a corrunittee and inspections were made in the community, the corrunittee picked out the azeas that they felt should be PAGE FOUR - CITY COUNCIL MIl~TUTES - AUGUST 13,1996 repaired, Engineering put the package together and they came up with a plan to get them done. He commented that he would like to see that done again. Councilman Alongi stated that he feels the work being done is great, but the work is skipping and jumping all over our community. He explained that the way he sees it there is no set plan and he felt that the money could be used for that also. City Engineer O'Donnell noted that these funds are Senate Bi11821 Funds and have special requirements. He explained that the funds must be used where there is existing curb and gutter and a hearing must be held before the Riverside County Transportation Commission to compete for the funds. The reason that we received the funds is because the work was going in neart to a school and the children would be using the improvements. He again explained that the improvements can only be done if there is curb and gutter and cannot be used for repair of sidewalks but rather to make new sidewalks. Councilman Alongi requested clarification of the fact that funds cannot be used to replace deteriorated sidewalks that have curb and gutter. City Engineer O'Donnell confirmed. Councilman Alongi thanked City Engineer O'Donnell. MOVED BY BRIlVLEY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE AMENDMENT TO CONTRACT FOR CHANGES TO OffiGINAL SCOPE OF WORK AND APPROVED CHANGE ORDER NO. 1. PUBLIC HEARIlVGS 21. Tentative Tract Map 28198 ormerly Tentative Tract 27908L- Golden Castle Pla?a Z,td./CTnitech Building Systems. (F:1602) City Manager Molendyk stated that this developer had not paid their fees to date and asked to have this item continued. MOVED BY METZE, SECONDED BY BRINLEY AND CARRIED BY UNANIlVIOUS VOTE TO INDEFINITELY TABLE TENTATIVE TRACT MAP 28198 - GOLDEN CASTLE PLAZA LTD/UNITECH BUILDING SYSTEMS. BUSINESS ITEMS 31. Certified Farmers Market. (F:62.1) City Manager Molendyk explained that several questions have been raised regarding this issue and asked that this item be continued to a Study Session to gain further information. MOVED BY BRINLEY, SECONDED BY METZE AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THE CERTIF'IED FARMERS MARKET TO A STUDY SESSION WITH THE DATE TO BE SET AT A LATER TINIE. 32. Law Enforcement - Ordinance Clarification re ardin~ Ordinance No 957 - Lake Elsinore Municinal Code 9.96.100 and 9.96200. (F:127.2) City Manager Molendyk explained that there was some question as to what type of inflatable items could be used on the Lake and asked that this item be continued to a Study Session. MOVED BY BRINLEY, SECONDED BY METZE AND CARRICD BY UNANIMOUS VOTE TO'CONTINUE ORDINANCE FOR CLARIFICATION REGARDING ORDINANCE 947 - LAKE ELSINORE MUNICIPAL CODE 9.96100 AND 9.96.200 TO A STUDY SESSION WITH THE DATE TO BE SET AT A LATER TIME. PAGE FIVE - CTTY COUNCIL NIINUTE5 - AUGUST 13, 1996 THE CITY COUNCIL MEETING WAS ADJOURNED TO THE REDEVELOPMENT AGENCY MEETING AT 7:19 P.M. THE CITY COUNCIL RECONVENED AT 7:21 P.M. Mayor Pape then called on Gary Heinbach to give his presentation. Gary Heinbach, Organizer ofthe National Speed Boat and Water Ski Association, thanked the City of Lake Elsinore for allowing them to hold the first International Two Up Marathon Race on Sunday, August 18, 1996. He explained that this race has never been done in the United States and his organization is very happy to have it in the City of Lake Elsinore. He presented an eachibit of the Tee Shirt that will be sold at the event as well as presenting Council with a copy of the Trophy that will be presented to all winners. He gaue an overview of all the planned activities. Mayor Pape asked what time the event will take place. Mr. Heinbach stated that it will start at 1:00 p.m. and end at appro~mately 2:15 p.m. and explained how the race is run. He noted that the Lake will be open to the public between 2:15 p.m. and 2:30 p.m. Mayor Pape asked how many participants they planned to have. Mr. Heinbach stated that they anticipate between 70 and 80 skiers from all over the world. PUBLIC COMM~NTS - NON-AGENDIZED ITEMS None. CITY MANAGER COMNIENTS Thanked the National Speed Boat and Water Ski Association for their efforts and stated that in an effort to bring Tourism and Recreation to the City this type of International Event on the Lake allows some of Council's goals to come true. CITY COUNCIL COMMENTS Mayor Pro Tem Kelley commented on the following: 1) Thanked Chief Walsh for letting the Mayor and herself ride along on a sweep. She commented that it was interesting and that they appreciate their efforts. Councilwoman Brinley commented on the following: 1) Encouraged everyone to attend the Ski Race. 2) Thanked Mr. Frick for his letter. Councilman Alongi commented on the following: 1) Addressed the Bond Counsel and stated that if you want to hold a person responsible you give them the responsibility. He noted that City Manager Molendyk has put his trust in Mr. Gunn and if you wish to hold the Administrative Services Director and the City Attomey responsible then you must give them the responsibility to take action. He commented that he wished them luck with ~ har~ job and that he will support them 100%. 2) Gave a report on the RCHCA Meeting that he attended in Hemet ~-xd made note of the dignitaries that were present. He pointed out the problems faced by our area and the State; and noted that 88% of Riverside County is owned by the Federal or State Govemment and of the 130 additional species added ~c~ the : endangered list PAGE SIX - CITY COUNCIL MINUTES - AUGUST 13, 1996 117 ofthose species aze located in Califomia. He encouraged the public to write to their Senators and Congressman and urge them to support our State, and explained that if we do not take measures to prevent the take-over of our private land for endangered species, we will lose a major amount of money in economic development. 3) 5tated that he would be looking forward to the Ski Race. Councilman Metze commented on the following: 1) Welcomed the Do-It Center to Lake Elsinore. CLO5ED SESSION 1) Property Acquisition - Litigation. 2. Potential Litigation. THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED 5ESSION AT 7:29 P.M. TO DISCUSS THE ABOVE MENTIONED MATTERS. THE CTTY COUNCIL MEETING WAS RECONVENED AT 8:35 P.M. WITH THE FOLLOWING ACTION TAKEN: i) DIl2ECTED THE CITY ATTORNEY'S OFFICE TO INVESTIGATE AND ENFORCE THE EXISTING CONTRACT. 2) DIRECTED CITY ATTORNEY'S OFFICE TO INVESTIGATE T'HE TERMS OF THE CONTRACT AND TAKE APPROPRIATE ACTION. ADJOURNMENT THE REGULAR CTTY COUNCIL MEETING WAS AD~O,YTRN~D AT 8:37 P.M. ~~ ~~ V W. AP]~~~YOR OF L`~AKE ELSINORE AT'°' ST: r _, r °~I~:' ` .~3~, ~:I CLERK !'7TY OF L.riLCr T~LSINORE Respectfully Submitted,