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HomeMy WebLinkAbout08-22-1995 City Council Minutes MINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 183 N. MAIN STREET LAKE ELSINORE, CALIFORNIA TUESDAY, AUGUST 22, 1995 -- **************************************************************** 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 Councilman Pape. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, BENDER, PAPE, WASHBURN ABSENT: COUNCILMEMBERS: BRINLEY Also present were: City Manager Molendyk, Assistant City Manager Watenpaugh, City Attorney Harper, Administrative Services Director Boone, community Development Director LeSlie, commmunity services Director Sapp, Public Services Director Tecca and City Clerk Kasad. PRESENTATIONS/CEREMONIALS a. Presentation - Lake Elsinore West Marina Piratefest. (F:151.1) A representative of Lake Elsinore West Marina presented Mayor Washburn a certificate of Recognition and a Pirate Flag for his participation in the Piratefest Event. Joe Crognale, Manager, Lake Elsinore West Marina, commented that upon his arrival to this community he heard much negativism. He indicated that he has seen nothing but cooperation and assistance from all City staff he has dealt with. He expressed his appreciation to the City Council and staff for the support he has received. He noted the the Piratefest Event netted approximately 75-100 cans of food for H.O.P.E. Mayor Washburn commented on the event and suggested that future Mayors should participate in this event and lend support. b. Proclamation - project Care. (F:122.1) ~ Mayor Washburn read and presented the Proclamation to Postmistress Claudia Goldberg. Mrs. Goldberg commented on the Project Care Program which is a joint effort between the Post Office and Southern California Edison: and indicated PAGE TWO - CITY COUNCIL MINUTES - AUGUST 22, 1995 CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 3, 6, 7, 8 and 9. MOVED BY ALONGI, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. .... 1. The following Minutes were received and ordered filed: a. Planning commission Meeting - August 2, 1995. (F:60.3) b. Design Review Committee Meeting - August 2, 1995. (F:60.4) 2. Ratified Warrant List for August 15, 1995. (F:12.3) 4. Adopted Resolution No. 95-59 designating stop Sign Controlled Intersections - Various Locations. (F:162.2) RESOLUTION NO. 95-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DESIGNATING THE LOCATION OF CERTAIN STOP INTERSECTIONS. 5. Approved an Agreement between the city of Lake Elsinore and the County of Riverside for Administration of County Service Area (CSA) 152. (F:22.3) .... ITEMS PULLED FROM CONSENT CALENDAR 3. Reiection of Claims Aqainst the city - Pat Lovitt Maier (CL #95-7) and Lake Elsinore Recreation Area (CL #95-12). (F:52.2) Councilman Alongi questioned the Claim of Pat Lovitt Maier and indicated that he understood this matter had been resolved; and suggested that it be set aside from this consideration. Public Services Director Tecca indicated that the problem has been identified and will be corrected. City Attorney Harper clarified the claims process and explained that the rejection date is helpful in the event of future litigation. He recommended that the Council deny the claim. MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO REJECT THE ABOVE LISTED CLAIMS AND REFER THEM TO THE CITY'S CLAIMS ADMINISTRATOR FOR HANDLING. 6. city Manaqer Contract Extension. (F:68.1) (X:46.1) PAGE THREE - CITY COUNCIL MINUTES - AUGUST 22, 1995 deems that no annual review is necessary, the overall term of this aqreement shall be rolled over and remain a three year aqreement, commencinq on Auqust 1st of each year. Councilman Alongi stressed the importance of keeping this review period away from the political arena during election time. MOVED BY WASHBURN, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE CITY MANAGER'S CONTRACT EXTENSION, AMENDED AS RECOMMENDED BY THE CITY ATTORNEY. 7. Change Order No.2 for Illinois street Imnrovements and Yarborouqh Park Alley Imnrovements. 8. Notice of Comnletion for Illinois street Improvements and Yarborouqh Park Allev Imnrovements. (F:156.2) Councilman Alongi stated that the work in this change order has been done, and questioned if the Council does not approve it, where does the City go from there. He stated that change Order No. 2 should have been in line with Change Order No.1, since the project was opened up and was there; he questioned how it was missed. Public Services Director Tecca explained that this is a typical case of trying to bring a Change Order before the Council before the work is done. He noted that in this case the City got an estimate from the contractor on what it would cost to relocate 50 feet of the water line. He stated that the estimated amount was brought before Council, was approved and the contractor was authorized to proceed. He further explained that when the contractor got into the ground and started to replace the pipe, he found that it was too high and that the Water District wanted the pipe pushed lower to provide protection. Public Services Director Tecca stated that this is a case where the project was different than first thought and created an amendment to the original Change Order. Councilman Alongi inquired since the City knew the line was old and that the Water District wanted it replaced, would it not have been better to dig it up first, even if the City had to pay for the dig, to ascertain exactly what would need to be done rather than bringing it to the Council in the manner of a Change Order. He stated that he felt that the city might be able to get it done for less if it were done in that manner, instead of bringing it back over and over again and adding to the project. Public Services Director Tecca indicated that was what made the call so difficult. He explained that it is either a case of investigating it entirely and putting all the costs together, and then waiting a week or two to bring it to Council, and by then the work would be done or in progress. ,,_...__.: ,___ "a.' ___.: _"-_~_...::I ""\.0.._. .a-l.o.._ rt_...",__':' __......,,:1 __" __ PAGE FOUR - CITY COUNCIL MINUTES - AUGUST 22, 1995 Mayor Washburn asked if staff felt The Contractor would charge the City for such investigation, or if it would be done by City staff on our time and still cost the City. Public Services Director Tecca explained that RBF, the Designer of the project and Elsinore Water District met on site and pot-holed the site. He indicated that by so doing the Water District determined that the pipe should be capped since they do not serve any other sites down the hill, and remove the portion that is conflicting and that is how the job was designed. He further explained that when the Contractor dug up the site, he found that the water came from Lakeshore Drive, rather than the top of the hill which is not what the Water bistrict told the Designer and resulted in the first Change Order and then after the entire site was dug it was found that there was a need for the additional two parts to lower the pipe. .... Councilman Pape asked what the consequences would be if the city were to not approve the Change Order. city Attorney Harper stated that the contractor has done the work and if the City does not pay for that, Council can imagine what the consequences would be. Councilman Pape stated that he also had a problem with the Change Order since it is a much greater amount than first anticipated. He explained that he feels that the contractors know that Change Orders are an easy way to make a profit on a project and he stated that there must be a better way to handle the procedure. city Attorney Harper stated that a Change Order is for __ additional work, other than what was in the contract and does not mean that he is making any larger profit than he would with the original contract. He explained Change Orders and causes of Change Orders. Councilman Alongi compared the first and second Change Order and stated that the need for the work done on the second Change Order should have been identified when the first Change Order was done. He stated that the perception is that the City is not doing it's job when we keep getting these Change Orders back. He stated that staff should make sure that the contractor is doing his job properly. City Attorney Harper stated that this is an engineering call and the Engineering Department has had enough denied Change Orders that they take this issue very seriously and they would not bring these before Council if they were not warranted. Mayor Washburn stated that it is too bad that we can not require Water Districts or other agencies to guarantee their information in order to avoid this type of situation. PAGE FIVE - CITY COUNCIL MINUTES - AUGUST 22, 1995 Public Services Director Tecca stated that the specification were written by the city's Landscape Architect and the bid was done on a lump sum principle rather than a unit price and the sum was paid on the lump sum without an identification of what was paid for each item, and when it became necessary to do a change order, which was cutting the street and putting in a pipe the contractor was able to save cost in one area and expend additional costs in another area. He explained that the lump sum bid which was the bottom line of the savings plus the extra expenses ended up with a plus of $5,000. councilman Pape questioned that the extra parts that the contractor had to purchase exceeded the cost of not having to dig up the street by $5,700. Public Services Director Tecca stated that is how he understands it. He explained that generally when the City has a unit cost a list is done on the Change Order of all the plus and minus items, but this project was not set up to be bid on unit cost. City Manager Molendyk explained that this project was designed with the understanding that the developer had put in a 2" water line and it was in reality a 1 1/2" water line, and in order to save the cost of ripping up the street it was decided to install the additional valves. He further explained that $5,000 was considered cheeper than ripping up the street for the extra 1/2" line. Councilman Pape stated that it is always better not to rip up the street since it can never be restored to exactly the way that it was. He asked if there was a problem with the developer who did not put in the proper size pipe. Public Services Director Tecca explained that he did not know why the developer installed the pipe in the first place since it is completely outside of the Centex Development and outside CFD 88-3. He noted that it might have been done in conjunction with the local sub-division in that area. MOVED BY PAPE, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPROVE THE NOTICE OF COMPLETION FOR LAKE STREET MEDIAN LANDSCAPE. APPEAL 21. Appeal of Commercial proiect 95-1 (Jack-in-the-Box). (F:21.1) Mayor Washburn noted the recommendation that this item be withdrawn. City Manager Molendyk concurred, noting that this Appeal has been carried on agendas for quite some time. MOVED BY ALONGI, SECONDED BY BENDER AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO WITHDRAW THIS ITEM FROM THE AGENDA. BUSINESS ITEMS PAGE SIX - CITY COUNCIL MINUTES - AUGUST 22, 1995 UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILHEHBERS: ALONGI, BENDER, PAPE, WASHBURN NOES: COUNCILHEHBERS: NONE ABSENT: COUNCILHEHBERS: BRINLEY -- ABSTAIN: COUNCILHEHBERS: NONE 32. Boat Launch Construction Manaqement. (F:92.5) city Manager Molendyk explained that the city was awarded an $800,000 grant, by the California Department of Boating and Waterways, to construct a new pUblic boat launch facility on the Lake. He further explained that by policy they allow only a percentage of the grant to be used for contract management and consultant fees to be changed against a project. He noted that this resulted in an overage on this part of the budget and staff recommends that $76,000 be appropriated from the Park Development Funds, since this is a Park and Recreation area. Ron Noble, Noble Consultants, gave an overview of the project and explained the change in the parking and how the ramp will function in high and low water situations. city Manager Molendyk stated that the city has received all necessary permits from other agencies and that it is still scheduled to be open next spring. Councilman Alongi asked if the $76,000 being taken from the Park Development Fund is the same fund used for construction -- of parks. Assistant City Manager Watenpaugh confirmed. Councilman Alongi asked if the Lake Fund would have funds for this. Assistant city Manager Watenpaugh stated that the Lake Operations Fund is for operations and there is enough to fund the rest of the season. Councilman Alongi asked if the Park Fund will be repaid. Assistant City Manager Watenpaugh stated that the intent is that the Beaches and Parks are part of the park system and the funds are deemed appropriate for this use. Councilman Alongi stated that he does not feel that the Launch Ramp benefits the whole community and the parks do. He explained that he does not mind taking money from the Fund if there are plans to put it back; however to take it out and use it for this purpose and not put it back he finds unacceptable and not fair to the whole community. Councilman Bender asked if the 15 week construction period is reasonable. Mr. Noble stated that in the contract documents there will be a time limit given to construct the project. He stated that the Management fees would not necessarily increase. Councilman Bender stated that he does feel that this will benefit all the citizens of the C!ommnn ; ~v !::.; nC!I:> ~hl:> t""; TV Tod" C!.lU....n' u "" n..../'"\no.... 1 """.....,...h ...."""".,..,. PAGE SEVEN - CITY COUNCIL MINUTES - AUGUST 22, 1995 TO APPROVE THE PROPOSAL WITH NOBLE CONSULTANTS FOR CONSTRUCTION MANAGEMENT OF THE BOAT LAUNCH FACILITY AND APPROPRIATE THE $76,900 FROM THE PARK DEVELOPMENT FUND TO FINANCE THE SERVICES. 33. Appointment of Planninq Commissioner. (F:60.2) Mayor Washburn noted that there are still several applications on file from previous recruitments from which he has chosen a new Planning Commissioner. He recommended the appointment of Daniel Allenbach to fill the unexpired term of Richard Bullard. MOVED BY WASHBURN, SECONDED BY PAPE AND CARRIED BY UNANIMOUS VOTE OF THOSE PRESENT TO APPOINT DANIEL ALLENBACH FOR AN UNEXPIRED TERM CONTINUING UNTIL JUNE 30, 1996. THE CITY COUNCIL MEETING WAS RECESSED AT 7:38 P.M. THE CITY COUNCIL MEETING RECONVENED AT 7:45 P.M. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Mariana Mohylyn, 305 W. Sumner, announced her write-in candidacy for the November Election and suggested that the City consider a full-time Mayor with increased compensation. CITY MANAGER COMMENTS City Manager Molendyk commented on the following: 1) Noted the nationally televised Silver Bullets Game at the Diamond Stadium on Saturday, August 19th. He advised that there were approximately 5,300 in attendance. 2) Advised that the City has been contacted by the newly formed United Baseball League regarding a proposal for use of the Diamond and McVicker Park as spring Training camps for the Los Angeles team. CITY COUNCIL COMMENTS Mayor Pro Tem Bender commented on the following: 1) Thanked the Golden Spectrum representatives for the photographs they gave him of the Chili Cook-off activities. 2) Applauded the use of the Diamond by the Silver Bullets and supported the possible use by the United Baseball League. Councilman Pape commented on the following: 1) Congratulated Councilwoman Brinley on her new ,..~~""",,:a,:a~'I""''''~''''''''''' U"'!ll,:a'; ,........."'" PAGE EIGHT - CITY COUNCIL MINUTES - AUGUST 22, 1995 4) Requested that staff bring the Council information on current standards for apartment complexes, particularly the larger complexes. He specifically requested information of security, lighting, off-street parking, etc. 5) He suggested that Council consider scheduling discussion of curfew laws. He stressed that they need to be tough enough for them to be enforceable. He felt this would be particularly helpful in the reduction of grafitti. He also suggested use of the Community Center as a central place to take curfew violators until their parents retrieve them. - Councilman Alongi commented on the following: 1) Commented that many of the people doing grafitti are adults. 2) Indicated that he will address the sales tax issue on his next program. 3) Indicated that the boat launch/Lake is not non-profit. He further indicated that it should not be subsidized by park fees. He stressed that only select individuals can use the boat launch. He further stressed that the Lake needs to be self-sufficient. 4) Expressed surprise with the Council action on low- income housing. He indicated that Mr. Bender's comments were contrary to his previous comments. 5) Announced that he would be meeting with a District Attorney's investigator stockwell to discuss the Redevelopment Agency statutes. - Mayor Washburn commented on the following: 1) Expressed pride in the program aired on Prime Ticket, and indicated that it was a nice representation of the community. He stressed that this type of event is good for the recreation focus. 2) stressed that the Lake is a source of tourism and serves as a profit center. He further stressed that it can generate a profit and generate services for the community. He indicated that he has supported anything having to do with Lake water quality or services. CLOSED SESSION a. Lake Elsinore Associates vs. city - Case #200767. b. Palmer vs. City - Case #267394.