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HomeMy WebLinkAbout02-11-1992 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA FEBRUARY 11, 1992 ******************~************************************************************ CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:00 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Attorney Harper. ROLL CALL PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, City Attorney Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and City Clerk Kasad. PRESENTATIONSJCEREMONIALS A. Proclamation = Donald L. Banfield. (F:56.1)(X:168.5) ~ Mayor Washburn read the Proclamation and presented it to former Postmaster ' Don Banfield. He thanked him for his service to the Community. Mr. Banfield commented on his service with the Post Office and on his future involvement in the Community. Mayor Washburn also introduced the rrew Postmistress, Claudia Goldberg. Mrs. Goldberg commented on the work of Mr. Banfield and thanked the Mayor and Council for this welcome to the City. B. Presentation = Certificates of Appreciation = Pro.iect Bri4ht Star. (f:56.1) Mayor Washburn recognized the Volunteers from Project Bright Star and called them forward for presentation. He detailed the work of this organization and advised that this year's effort provided food for 60 families and provided 350 children with 5 toys each. Mayor Pro Tem Starkey presented each volunteer with a Certificate of Appreciation and a City Pin. PUBLIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had a request to address item #8 on this agenda. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 4, 8 and 12 MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. Regular City Council Meeting - January 28, 1992. (F:44.4) PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 2. Received and ordered filed the Building Acti~ity Report for January, 1992. (F:32.2) 3. Received and ordered filed the Code Enforcement Activity Report - January, 1992. (F:54.1) 5. Ratified the following Warrant Lists: a. January 15, 1992 (F:12.3) b. January 31, 1992 (F:12.3) 6. Rejected and referred to Claims Administrator the C}aim submitted by Southern California Edison Company (CL #92-1). (F:52.2) 7. Approved 17th Year Community Development Block Grant Agreements and authorized the Mayor to sign. (f:84.2) 9. Adopted Resolution No. 92-8 Establishing Stop Sign Locations in the Vicinity of Gunnerson Street and Ulmer Street and in the area along Lash Street between Gunnerson Street and Dryden Street. {F:162.2) RESOLUTION N0. 92-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATIONS OF CERTAIN STOP INTERSECTIONS. 10. Adopted Resolution No. 92-9 Establishing Stop Sign Locations along and including Ryan Avenue between Bushman Avenue and Manning Avenue in the vicinity of Lakeshore Drive. (F:162.2) RESOLUTION N0. 92-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DESIGNATING THE LOCATIONS OF CERTAIN STOP INTERSECTIONS. % 11. Approved City Portion of Lake Elsinore Management Project Change Order in ~ the amount of $19,000.00. (F:92.2) 13. Approved Second Amendment to Joint Powers Agreement with Elsinore Water District. (F:68.1)(X:134.7) 14. Approved Change Order No. 1 for Trunk Sewer and Lincoln Waterline, Phase I, in Community Facilities District 88-3 for A. W. Davies in the amount of $39,136.74. (F:22.3) 15. Approved Change Order No. 3 for the Lincoln Avenue Trunk Sewer and Grand Avenue Water Main, in Community Facilities District 88-3 for Thomas Pipeline in the amount of $6,500.00. (F:22.3) 16. Approved Change Order No. 2 for the Storm Drain Line "C" and "C-1" (Cast-in -Place Pipe), in Community Facilities District 88-3 for Floyd Johnston Construction Co., Inc. in the amount of $55,522.00. (F:22.3) 17. Approved Change Order No. 1 for the Graham Avenue Widening Project for DBL Construction Corp. in the amount of $82,047.28. (F:156.2) 18. Approved Change Order Nos. 2 and 3 for the Storm Drain "Line C and C-1" (pre-cast pipe) in Community Facilities District 88-3 for Utah Pacific Construction Company in the amounts of $9,277.10 and $14,621.50 respectively. (F:22.3) 19. Approved Change Order Nos. 1,2,3 and 4 for the A-2 Sewer Lift Station on Wisconsin Street in Community Facilities District 88-3 for P.R. Burke Corp. in the amounts of $4,146.07, $4,684.96, $225,000. and $4,593.00 respectively. (F:22.3) PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 20. Approved Change Order No. 4 for the Country Club Heights Paving Project, Phase I, for California Asphalt and Grading ~n the amount of $140,790.00. (F:156.2) 21. Approved Change Order No. 2 for Grand Avenue and Lincoln Street Improvements in Community Facilities District 88-3 for Summit Grading and Paving, Inc. in the amount of $8,381.78. (F:22.3) 22. Accepted Right-of-Way Easements for the Summerhill Bridge across the San Jacinto River from Carolyn I. Vosburgh, Stanley N. & Janice E. Mullins, and James D. and Gale N. Creighton. (F:132.1) 23. Approved Purchase of Drainage Channel Right of Way for the Gill Property; Authorized execution of Grant Deed; Authorized expenditure of $8,855 to cover the cost of the land, escrow closing costs and policy of title insurance and authorized execution of the escrow instructions. (F:132.1) 24. Approved Public Hearing date of March 24, 1992 for consideration of the Source Reduction and Recycling Element and Household Hazardous Waste Element. (F:163.2) ITEMS PULLED FROM CONSENT CALENDAR 4. Structure Abatement Activitv Reoort = Januarv, 1992. (F:32.4) Mayor Washburn commented on abatement at Franklin and Ellis and other blighted properties in that area. He stressed the efforts the City is making to clean up the Community and get rid of existing nuisances. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE STRUCTURE ABATEMENT ACTIVITY REPORT FOR JANUARY, 1992. 8. Formation of Communitv Facilities District 91-5 (Alberhill-Bri~chtonl. Resolution Nos. 92-6 & 92-7. (F:22.3) City Attorney Harper gave a brief overview of the purpose of this Community Facilities District and stated that it is for bonds to pay for public improvement in the Alberhill Ranch area. Mr. Dick Knapp, 29690 Dwan, Lake Elsinore outlined the financial status of of this project and the applicant and his opinion of the impact this project will have on the City. He recommended that the City Council reconsider the possiblity of forming this Community Facilities District. City Attorney Harper clarified that this item does not authorize the issuance of bonds, but rather the development a Community Facilities District. He further clarified the advantages of this action over developer financed improvements. He stressed the fact that this action does not represent a financial risk to the City or citizens of Lake Elsinore. Mayor Washburn explained that this is a tool that Council has used in the past and that Council is very cautious in regard to its use. MOVED BY BUCK SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE FORMATION OF COMMUNITY FACILITIES DISTRICT 91-5 AND APPROVE RESOLUTION N0. 92-6 AND 92-7 AS FOLLOWS: RESOLUTION N0. 92-6 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACIL'3TIES ACT OF 1982. RESOLUTION N0. 92-7 A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS OF THE PROPOSED CITY OF LAKE ELSINORE COMMUNITY FACILITIES DISTRICT N0. 91-4 (ALBERHILL RANCH PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 PUBLIC IMPRO~EMENTS) PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982. 12. Award of Contract = Curb, Gutter. Sidewalk and Pedestrian Rama Replacement Proaram and Miscellaneous Street Improvements _ California Asphalt & Gradina. (F:146.1) City Manager Molendyk stated that California Asphalt & Grading submitted a bid of $235,078.00 followed by the second bidder Grand Terrace Construction at $237,700.00. As a result of a request from the second bidder and review by the City Attorney it was recommended that since~California Asphalt does not have an "A" license that the bid be awarded to the next low bidder, Grand Terrace Construction in the amount of $237,700.00. City Attorney Harper advised that this matter has been discussed with California Asphalt & Grading and they concur with the City's decision. City Manager Molendyk asked Public Services Director to explain this project. Public Services Director Tecca gave an overview of the project and detailed the specific locations to be addressed and the improvements at each location. Public Services Director Tecca detailed the difference between slurry seal and asphalt overlay. Councilman Starkey asked if the downtown renovation area would be an overlay. Councilman Buck stated that the downtown area is not part of this project. Mr. Tecca stated that the downtown area is a Redevelopment Agency Contract and is not part of this project at all. Councilman Buck inquired whether Mr. Tecca had looked into developing a bicycle lane or a pedestrian lane in the Country Club Heights area as was discussed in the Public Works meeting. Mr. Tecca advised that there is not enough money to widen the roadway, but it is being considered to narrow the roadway down to some degree. MOVED BY BUCK, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO ACCEPT THE BID OF $237,700.00 AND AWARD A CONTRACT TO GRAND TERRACE CONSTRUCTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT ON BEHALF OF THE THE CITY. PUBLIC HEARINGS 31. Bridqe & Ma.ior Thorouqhfare Fee Program. (F:156.1) City Manager Molendyk recommended that this item be continued for 120 days to allow for further investigation and review. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR 120 DAYS. 32. Recoverv of Expenditures = Nuisance Abatement at 110 N. Lowell Street. (F:32.4) City Manager Molendyk detailed this item and explained the process for recovery of costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the pubtic hearing at 7:30 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:31 p.m. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONFIRM PAGE FIVE - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 33. Recoverv of Expenditures = Nuisance Abatement on Lot in the 500 Block of North Ellis Street. (f:32.4) City Manager Molendyk explained this item and the detailed the nuisance abated. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:33 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:34 p.m. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 34. Recoverv of Expenditures = Weed Abatement on Lot on Collier Avenue. (F:166.1) City Manager Molendyk detailed this item and the costs accrued. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:34 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:35 p.m. MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE C05T OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO PLACE A SPECIAL ASSESSMfNT AND/OR LIEN ON THE PROPERTY TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. 35: Abandonment No. 92-1 - Prooosed Abandonment of a Portion of Avenue Eleven. North of Mi11 Street. Resolution No. 92-10. (F:10.2) Engineering Manager 0'Donnell detailed the location of this abandonment and explained its relationship to the Ayres Development Project. He further explained that it will facilitate better traffic circulation in the area. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:36 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:37 p.m. MOUED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADOPT RESOLUTION N0. 92-10 AND AUTHORIZE TNE CITY CLERK TO RECORD THIS ABANDONMENT. RESOLUTION N0. 92-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DETERMINING THAT A PORTION OF AVENUE ELEVEN FROM MILL STREET TO 140 FEET NORTH OF MILL STREET IS UNNECESSARY FOR PRESENT OR PROSPECTIUE PUBLIC USE AND VACATING SAID EASEMENT. 36. Annexation No. 61,_ General Plan Amendment 91-3, Zone Chanae 91-5. Tentative Tract Map 24609 (Tomlinson and Sons = Zimmerman. Resolution Nos. 92-11 & 92-12. Ordinance No. 931. (F:20.2)(X:83.2)(X:172.2)(X:160.2) City Manager Molendyk highlighted this project and detailed the concerns discussed at the Planning Commission meeting. The City Clerk advised that three written comments were received and provided to the Council this evening. PAGE SIX - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 Mayor Washburn questioned the ability to meet with the residents if the public hearing is opened. City Attorney Harp?r advised that once the public hearing has been opened, the Council could not meet with the residents to receive input. Councilman Dominguez suggested that Council provide input at assign a committee to meet with the residents. Mayor Washburn commented that he felt sufficient concerns had been raised to warrant meeting with the residents, and recommended a continuance. Gigi Collins, a resident of Laguna Avenue, confirmed that they would like this matter continued and to allow an opportunity for further discussion. She also expressed concern with the notification process and whether all impacted residents had received notices. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS HEARING FOR 30 DAYS. It was further decided that Mayor Washburn and Mayor Pro Tem Starkey would serve on the Committee to meet with the residents. BUSINESS ITEMS 51. Reauest for Deferral of Conditions = Elsinore West Marina. (F:58.2) City Manager Molendyk gave an overview of the request and explained that Council needs to first vote by majority to reconsider this item and if approved proceed with the consideration. MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO RECONSIDER REQUEST AND PLACE ON AGENDA. Mr. Ervin Palmer gave an overview of his request to delete Condition No. 5 and allow an exception of an 8' by 8' section from the easement. Mayor Washburn stated that he remembered the original project and one of the considerations was the well for irrigation of landscaping. He further clarified that the water from the well is not potable. City Attorney Harper clarified that Condition Nos. 5 and 22 are separate issues. Condition 22 addresses the requirement placed on all developers to dedicate all underground water rights to the City of Lake Elsinore, giving the City the right to control underground water. The right for Mr. Palmer to retain the well would allow him to use the water for landscaping and not dedicate water rights to the City. This was originally approved until such time as Mr. Palmer sold the property then the City would have the water rights. Action on Condition No. 22 would require the Council to change the Municipal Code. Councilman Buck asked the City Attorney if this could be changed at Council's discretion. City Attorney Harper stated that it could, but it would give no authority to the City in regard to the water. He further clarified that the issue is whether the use of the water well will pass on to the next owner should Mr. Palmer decide to sell the property; and Council can direct staff to amend the conditions to read that the right to use the water to irrigate is transferable as long as the water facility is used according to the current site. MOVED BY STARKEY,SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO AMEND CONDITION N0. 5 AND CONDITION N0. 22 TO READ AS FOLLOWS: 5. The Developer shall deed the underground water rights to the City, subject to the condition that the developer may draw waters from the existing well on the site in suffcient quantities for landscape irrigation purposes so long as the PAGE SEVEN - CITY COUNCIL MINUTES - FEBRUARY 11, 1992 property remains used pursuant to the approvals of the existing site development. 22. Dedicate underground water rights to the City of Lake Elsinore or its assignee (Municipal Code 16.52) prior to issuance of building permits. Mr. Palroer questioned the right-of-way dedication and asked that the eight (8) foot by eight (8) foot square that the well site is on be made exempt from the dedication. Public Services Director Tecca explained that the problem with this request is that when we get to the point where the road does have to be widened the City will have to purchase the square in in order to do the improvements. He further explained that a restriction that the square would have to be dedicated at the time of improvements. Councilman Dominguez stated that the roadway discussed is a future highway and this should be done by Cal-Trans. Councilman Buck confirmed that this would be done by Cal-Trans and usually the curb and gutter is adjacent to the sidewalk and there is no open space on the roadway side. Councilman Buck questioned the amount of land required for the landscaped strip along that right-of-way. Mr. Tecca advised that including the sidewalk it is ten (10) feet. Councilman Dominguez asked if Council could impose a condition that when the street improvements are to be put in that the eight (8) by eight (8) foot square be dedicated and deeded to the City. Mr. Tecca explained that if Mr. Palmer decicates the land at this time nothing really changes until such time as we improve and widen the roadway. City Attorney Harper clarified that this dedication would be for roadway purposes only and the City would not have the right to use the land for any other use. Councilman Buck questioned the liability. City Attorney Harper explained that all we would receive from Mr. Palmer would be an offer of dedication and the liability would still rest with the owner. Mr. Palmer asked if this was for the entire 20 foot dedication or just the eight (8) foot square. City Attorney Harper advised that this would be for the entire piece. The well could still be used for irrigation until such time as the street would be widened and then the well would need to be shut down and removed. 52. Second Readina = Ordinance No. 930 = Reqardinq the Stephens' Kanaaroo Rat oolicies. (F:76.2) MO~ED BY WINKLER, SECONDED BY BUCK TO ADOPT ORDINANCE N0. 930: ORDINANCE N0. 930 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY Of LAKE ELSINORE, CA~IrORNIA, AMENDING SECTION 19.04.020 AND SECTION 19.04.030 Of THE LAKE ELSINORE MUNICIPAL CODE. UPON THE FOLLOWING ROLL CALL VOTE: AYES: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: NONE PAGE EIGHT - CITY COUNCIL MINUTES - FEBRUARY I1, 1992 PUBLIC COMMENTS = NON-AGENDIZED ITEMS None. CITY MANAGER COMMENTS City Manager Molendyk provided an update on ongoing capital projects including the Machado/Lakeshore Traffic Signal, Grand Avenue Extension, Graham Avenue Improvements and the Railroad Canyon Signals. He also advised that the funding for the Lakeshore Bridge had been reallocated back to the project. CITY COUNCIL COMMENTS Mayor Pro Tem Starkey commented on the previous City Council meeting and his emphasis on the Community getting involved to solve problems. He stressed the ongoing improvements in the City and suggested that interested residents review the agenda packet from any meeting and see the actions taking place. Mayor Washburn advised that the Railroad Canyon Road Project had been submitted for consideration in an award program. City Manager Molendyk advised that the City had passed the first level for this award and was definitely in the running for it. Mayor Washburn commented for the record that the rumor that he was receiving 1% of bond sale proceeds was not true. City Attorney Harper further clarified that no individual staff inember or Councilmember receives any money from the sale of bonds. THE CITY COUNCIL MEETING WAS RECESSED AT 8:12 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:15 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 8:15 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECON~ENED AT 9:10 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY BUCK, SECONDED BY DOMINGUEZ AND THE REGULAR CITY COUNCIL MEETING AT 9:10 CA IED BY UNANIMOUS VOTE TO ADJOURN P. ~~~ v~~~~~ GARY WASHBURN, MAYOR CIT 0 LAKE ELSINORE AT ST: VICKI ` AD(~'~ERK CITY OF LAKE ELSINORE