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HomeMy WebLinkAbout02-25-1992 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEV STREET LAKE ELSINORE, CALIFORNIA TUESDAY, FEBRUARY 25, 1992 *********************************************~******+************************** 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 City Clerk Kasad. 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. PRESENTATIONS/CEREMONIALS A. Proclamation = Cub Scout of the Year 1991 _ Garth Olson. (F:56.1) Mayor Washburn read the Proclamation commending 6arth Olson for his recognition and efforts and presented it to him with a City pin. B. Presentation = California Transit Insurance Pool 1990-91 Safetv Awards. (F:56.1) Councilman Dominguez presented the City Council with awards received from Cal-Tip Insurance for the L.E.T.S. Bus System. L.E.T.S. was recognized in the Small Operator Category for "Most Improved Property Damage Claims Record over 1989-90", "Lowest Number of Property Damage Claims Per 100,000 Miles", "Lowest Number of Bodily Injury Claims Per 100,000 Miles" and "Most Improved Bodily Injury Claims Record over 1989-90". C. Presentation - Rain & Prevention Measures Public Services Director Tecca detailed the City's efforts to anticipate the recent storms and provide sandbagging to prevent private property damage. He detailed the areas of flooding and the manpower and equipment utilized to divert the water. He thanked the fire Department, Sheriff's Departmen~ and Public Works Staff for their work on this effort, as well as Centex Homes who assisted the effort. City Manager Molendyk further commented on the damage caused by the storm and on a School Bus which had its windows blown out on the Ortega Highway and had to be assisted by the Sheriff's Department to proceed down the mountain. Mr. Tecca also detailed extensive efforts to prevent major problems on LeGaye Street and in the recently annexed "hammerhead area". PUBIIC COMMENTS - AGENDIZED ITEMS Mayor Washburn advised that he had requests to address Item H6 of this agenda. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 6, 7 and 8. PAGE TWO - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. l. The following Minutes were approved: a. Regular City Council Meeting - February I1, 1992. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - January 15, 1992. (F:60.3) c. Planning Commission Meeting - February 5, 1992. (F:60.3) 2. Received and ordered filed the L.E.A.F. Animal Control Activity Report for January, 1992. (F:18.2) 3. Adopted Resolution No. 92-13 establishing an Employee Assistance Program in connection with the Omnibus Drug Initiative Act. (F:116.1) RESOLUTION N0. 92-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY Of LAKE ELSINORE ADOPTING THE EMPLOYEE ASSISTANCE PROGRAM. 4. Adopted Resolution No. 92-14 regarding the 1992 Series C Tax Allocation Revenue Bond Issuance. (F:126.5J RESOLUTION N0. 92-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING THE BORROWING OF FUNDS BY THE AGENCY FROM THE AUTHORITY AND AUTNORIZING AND APPROVING OTHER MATTERS PROPERLY RELATING THERETO. 5. Adopted Resolution No. 92-15 regarding Segregation of Assessments in Assessment District 86-1. (F:22.3) RESOLUTION N0. 92-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ESTABIISHING A FEE fOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATION PURSUANT TO THE PROVISIONS OF THE "IMPROVEMENT BOND ACT OF 1915", BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE Of TNE STATE OF CALIFORNIA. 9. Approved Change Order No. 4 for Storm Drain "Line C and C-1", (Pre-Cast Pipe) on Joy Street and Grand Avenue in Community Facilities District 88-3 in the amount of $77,572.00. (F:22.3) 10. Approved Change Order No. 4 for Storm Drain "Line C and C-1", (Cast-in- Place Pipe), on Joy Street and Grand Avenue, in Community Facilities District 88-3 in the amount of $66,950.00. (F:22.3) 11. Accepted Notice of Completion for 2.5 MG Lucerne Reservoir. (F:22.3) 12. Approved Grant of Easement to Southern California Edison Company in the vicinity of the park site at Summerhill Drive and Canyon Estates Drive in Tract 20704. (F:170.3) 13. Approved Public Hearing date of March 24, 1992, for the following: a. Recovery of Costs - Nuisance Abateinent - 201 East Peck Street. (F:32.4) ITEMS PULLED FROM CONSENT CALENDAR 6. Lake Elsinore Outlet Channel Assurance Aqreement. (F:68.1)(X:134.7)(X:92.2) City Manager Molendyk explained the proposed agreement which was requested by Riverside County Flood Control District to guarantee conformance by all PAGE THREE - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 parties to the project design and the 1240' limitation. He further explained that the funding for the Outlet Channel Project is anticipated to be approved in the next month. Penny Baker, 32840 Ortega Highway, stressed the importance of the 1240' limitation. She commented on the need for the Water District to arrange for private storage of reclaimed water rather than the use of the Lake. She also commented on the eight available wells and her belief that they could be used to fill the lake to appropriate levels right now. She suggested that the existing agreement between tfie City and the Water District be revised to altow E.V.M.W.D. to be water suppliers for the Lake only. Dick Knapp, 29690 Dwan Drive, detailed the Inflow Channel vs. the Outflow Channel and specifications. He expressed concern that sufficient to mitigate flooding like that suggested that the City request changes to agreement. design specifications of the recent changes to those the Outflow Channel is not vhich occurred in 1980. He the plan prior to signing this Mayor Washburn clarified the agreement being considered and the requirement for all participating agencies to approve it. He stated that he has no problem with the agreement as presented. 7. Chan4e Order for the 16" Rice Canvon Water Transmission Main, Communitv Facilities District 88-3. (F:22.3) City Manager Molendyk detailed the changes proposed by this change order. Mayor Pro Tem Starkey questioned the need for field changes to save the Oak Trees, and how the project got this far along. Public Services Director Tecca advised that the original plan had been to remove the Oak Trees, however, it was decided at the last minute to save them. Mayor Pro Tem Starkey expressed concern that this was not realized before this point and suggested more thought be given to these situations in the future. MOVED BY STARKEY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER N0. 1 FOR THE 16" RICE CANYON WATER TRANSMISSION MAIN IN COMMUNITY FACILITIES DISTRICT 88-3 IN THE AMOUNT OF $14,671.22. 8. Chanqe Order for the Robb Road Booster Puma Station Improvements, Communitv Facilities District 88-3. (F:22.3) Mayor Washburn questioned this Change Order and the involvement of E.V.M.W.D. in the review process. He advised that he has directed a letter to their Board to establish better review and understanding of their standards to prevent some of these changes in the future. City Manager Molendyk commented on the review process which exists, but advised that these changes are occurring with the inspectors in the field. Public Services Director Tecca detailed the review process with utilities, water districts, etc., all signing off prior to bidding of the project; and the types of changes being required in the field. City Attorney Harper further clarified the sign-off procedure and explained that the anticipated design doesn't always work in the field and the changes are necessary. He further explained that the sign-off on the plans is not a legally binding agreement, but only a review of the plan. Mayor Washburn requested clarification as to whether these were necessary changes or upgrades. City Attorney Harper commented that the changes are mostly legitimate and clarified that doing the changes requested are generally easier and less expensive that fighting them or pursuing litigation. Councilman Dominguez inquired whether the City could place a ceiling on the amount of change orders allowed. City Attorney Harper clarified that it would not generally be a factor of dollars as much as the time and dollars spent to fight the changes in court. Ne also explained that if the Water District feels a change is necessary it is very difficult to fight. PAGE FOUR - CITY COUNCIL MINUTES - FEBRUARY 25, 1992 Mayor Pro Tem Starkey questioned the timing of the requested changes. City Attorney Harper advised that it would generally be in connection with the start of construction. He stressed the need to comply with the changes requested or they can prevent the water from flowing. Councilman Buck stressed the need for the City to have a detailed fitting list from E.V.M.W.D. prior to the design process. City Attorney Harper clarified that the plans are reviewed down to the fittings used already. MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO APPROVE CHANGE ORDER N0. 1 FOR THE ROBB ROAD BOOSTER PUMP STATION IMPROVEMENTS IN COMMUNITY FACILITIES DISTRICT 88-3 IN THE AMOUNT OF $16,069.00. PUBLIC HEARINGS 31. Recoverv of Exoenditures = Weed Abatements on Machado Street and on Riverside Drive. (f:166.1) City Manager Molendyk detailed the removal of weeds and the associated costs. The City Clerk reported no written comments or protests. Mayor Washburn opened the public hearing at 7:44 p.m. asking those persons interested in this item to speak. Hearing no one, the public hearing was closed at 7:45 p.m. MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERUICES DIRECTOR TO PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED COSTS AND INTEREST ACCRUED THEREON. APPEALS 32. Deleo Clay Tile Apaeal = Fldq. (F:21.1) MOVED BY WASHBURN, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE ThIS ITEM INDEFINITELY. 33. A eal of Condemnation Action for 516 North Main Street. (F:21.1) City Attorney Harper requested a Closed Session on this item following the rest of the meeting. PUBLIC COMMENTS - NON-AGENDIZED ITEMS Chris Nyland, 15191 Wavecrest, commented on the City and E.V.M.W.D. She detailed the actions planned by E.V.M.W.D. for future handling of reclaimed water. She advised Council that there is no other lake in California with reclaimed water. She detailed an incident where it was tried in a small lake, but did not work out. She urged Council to understand "Title 22 Water" and carefully review its use and the potential impact on the Community. CITY MANAGER COMMENTS None. CITY COUNCIL COMMENTS Councilman Dominguez commented that he expected the Revised Central Business District Ordinance to be on this agenda. City Attorney Harper clarified that this Ordinance must first go thru the Planning Commission for review. Mayor Pro Tem Starkey commented on the work underway on Graham Avenue and requested the Community's cooperation and patience while the project is being done. Councilman Buck addressed the comments of Mrs. Baker and advised that the City PAGE FIVE - CITY COUNCIL MINUTES - fEBRUARY 25, 1992 has from day one insisted on "body contact water" and is working to obtain that verbiage. He questioned the ability to use the wells to fill the Lake and advised that he would be checking into it. Mayor Washburn further addressed the concerns of Mrs. Baker and explained that under the current agreement it would take the approval of three agencies for decision regarding water quality. He stated that he could not foresee anything short of recreation quality water being approved. Mayor Washburn advised that he is pleased with the removal of the buildings on Franklin Street and feels that a number of crime problems have also been removed with that demolition. THE CITY COUNCIL MEETING WAS RECESSED AT 7:59 P.M. THE CITY COUNCIL MEETING RECONVENED AT 8:07 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 8:07 P.M. TO DISCUSS ONGOING NEGOTIATIONS REGARDING ITEM #33 OF THIS AGENDA. THE CITY COUNCIL RETURNED FROM CLOSED SESSION AT 8:20 P.M. 33. Appeal of Condemnation Action for 516 North Main Street. MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO CONTINUE THIS ITEM FOR TWO WEEKS TO ALLOW FOR FURTHER NEGOTIATIONS. MOVED BY DOMINGUEZ, SECONDED BY BUCKrAND CARRIED BY UNANIMOUS UOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT : 1 P.M. Ji ~ ' GARY M. ~SHBURN ~MAYOGR~ CITY 0~ AKE ELSINORE - ~- - ~C.~~h~~ ` VICKI KASAD, CITY CLE CITY OF LAKE ELSINORE