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HomeMy WebLinkAbout05-26-1992 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, MAY 26, 1992 ********************************~******************************~*******~******* CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE 7he Pledge of Allegiance was led by City Clerk Kasad. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, Assistant City Manager Rogers, Acting City Attorney Burns, 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. Presentation = Railroad Canvon Road Pro'ect Award. (F:156.2) Keith Keeter, Project Design Consultants, read a letter of presentation to Council explaining this award. He presented Mayor Washburn with the plaque. Mayor Washburn commented on this award and the joint effort to complete the project. He thanked the Community for its patience with the inconveniences during this project and commended the past Council for its willingness to "bite the bullet" and proceed with the project. Mayor Washburn advised that he had received a request to move the Non-Agendized Public Comments forward to precede the rest of the agenda and requested Council concurrence. Hearing no objections it was so moved. PUBLIC COMMENTS _ NON-AGENDIZED ITEMS Dick Knapp, 29690 Dwan, expressed concern with the pending completion of Collier Avenue improvements. He also questioned the completion of the Grand/ Lakeshore Intersection. He expressed concern that the City Manager was not assuring completion of these projects in a timely manner. Chris Hyland, 15191 Wavecrest, commented on the newly opened Grand Avenue and her concern with the commercial big rig truck traffic utilizing it, since it has been designated an expressway. She explained that the residents adjacent to Grand Avenue are being awakened between 4:30 and 5:00 a.m. daily due to this traffic. She also explained that she is concerned with the impact of this traffic on children waiting for the bus, children on bicycles, joggers, etc. As a solution, she suggested that trucks over 12,000 pounds be prohibited on Grand Avenue. She also recommended that no traffic signal be placed at Machado and Grand, as this would make the situation worse. Mayor Washburn requested that Mrs. Hyland meet with staff and review the situation. Bob Houts, 32946 Rose Avenue, spoke on behalf of the Southshore Homeowners Association and commented on the proposed assurance agreement for launching rights which was presented at the last City Council meeting. He also presented a petition with about 370 residents signatures supporting the proposed agreement and requested City Council support. PAGE TWO - CITY COUNCIL MEETING - MAY 26, 1992 Joy Porthunder, 115 S. Spring Street, expressed concern with the Frontier Days Parade and the associated road closures. She advised that a number of businesses were upset that Graham Avenue was closed impacting their businesses and not used as part of the parade route. She also expressed concern with the length of the parade being substantially less than an hour. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Item Nos. 2, 4, 6, 7, 8 and 9. MOVED BY WINKLER, SECONDED BY CHERVENY 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 - May 12, 1992. (F:44.4) The following Minutes were received and ordered filed: b. Planning Commission Meeting - April 1, 1992. (F:60.3) c. Planning Commission Meeting - April 15, 1992. (f:60.3) d. Planning Commission Meeting - May 6, 1992. (F:60.3) 3. Received and ordered filed the Investment report for April 30, 1992. (F:12.5) 5. Claim submitted by Wilbur J. Buss (CL #92-16). (F:52.2) ITEMS PULLED FROM THE CONSENT CALENDAR 2. L.E.A.F. Animal Control Activitv Reaort = Aaril• 1992. (F:18.2) Councilman Alongi reminded the Community that he intends to report monthly on the statistics presented by L.E.A.f. to encourage the public to become involved and educated. He detailed the April statistics for euthanized animals, animals turned in by owners, etc. MOVED BY ALONGI, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO RECEIVE AND ORDER FILED THE ANIMAL CONTROL ACTIVITY REPORT FOR APRIL, 1992. 4. Warrant List for ~ 15, 1992. (F:12.3) Councilwoman Cherveny advised that again she would like to highlight specific items on the warrant list for clarification. She advised that the total cost for the April election was $23,570.85; she also explained that checks written to Invader Cruises, Silver Arrow Tours and Palm Springs Follies, were actually Senior Citizen excursions for which they paid individually and the City coordinated the event and issued one check. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO RATIFY, THE WARRANT LIST AS PRESENTED. 6. Ma.ior Outdoor Activitv Permit 92-2 _ Elsinore West Marina = Elsinore Fiesta Davs _ ~ 30-31. 1992. (F:107.2) Councilman Alongi commented on this event and advised that he would like to see Condition #3 indicate the number of police officers required; Condition #7 to specify the number of parking spaces required; Condition #10 to clarify whether Sheriff's deputies will be posted to prevent traffic problems. He also requested that the requirements for trash receptacle, restrooms, etc. be detailed and inspected before the permit is released. Mayor Washburn requested input from staff as to the status of the planning. PAGE THREE - CITY COUNCIL MINUTES - MAY 26, 1992 City Planner Christen advised that as late as this date, issues were being resolved and offered to obtain the numbers requested. Councilman Alongi requested specific information on the agreement reached with the Sheriff's Department for this event. Captain Daniels advised that issues are still being addressed and he does not have a copy of the final arrangements. Councilman Alongi questioned Condition #7 regarding parking and how it would be handled. City Planner Christen advised that sufficient parking has been established for the number of participants anticipated. Jim Rhodes, 973 Lori Way, advised that he met with the Sheriff's Department representatives this date to finalize plans. He further advised that the Jet Ski portion of the event has been canceled due to the existing condition of the Lake reducing the number of participants expected. He detailed the additional security being contracted for the event as well as the volunteers who will be assisting and advised that very adequate parking will be available. Mayor Washburn questioned the turnout for the prior event which was similar to this one. City Manager Molendyk advised that he had spoken with the applicant Ervin Palmer prior to this meeting and was advised that this is a co-sponsored event between Elsinore West Marina and the Chamber of Commerce. He also advised that four uniformed Sheriff's deputies will be covering the event as well. Fran Whitney, representative of Elsinore West Marina, advised that sufficient parking is available for 500 vehicles and with use of other areas including the Road Runner portion of the park there are potentially 750 to 1,000 available. Councilman Alongi expressed concern with getting the traffic off of Riverside Drive and into the park. Fran Whitney advised that they will be utilizing all four lanes and ticket sales will be handled beyond the parking area. She estimated that each lane would probably accommodate 25-30 vehicles at a time. She also stressed that people will be coming and going at a variety of times. Councilman Alongi questioned parking lot security and the willingness of the applicant to place a sheriff deputy at the entrance if traffic problems occur on Riverside Drive. Ms. Whitney indicated that the parking lot security would probably be one of the uniformed guards they are contracting and they would be willing to move officers around to prevent problems. Councilman Alongi inquired how many public restrooms would be available and indicated his calculation would be approximately 19 restrooms. Ms. Whitney advised that they have requested 10 and have made arrangements for additional ones if necessary. She further indicated with the existing restrooms the total would be approximately 25. Mayor Washburn clarified that the intent of the code is for the number of people expected and any given time and the figure presented is the total number of people expected. MOVED BY ALONGI, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE OUTDOOR ACTIVITY PERMIT N0. 92-2 BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: Findinqs 1. The proposed Outdoor Activity Permit is a temporary use and is a Class 4(e) exemption under the California Environmental Quality Act (CEQA). 2. Adequate conditions and safeguards pursuant to Section 17.98.060 of the PAGE FOUR - CITY COUNCIL MINUTES - MAY 26, 1992 Lake Elsinore Municipal Code have been incorporated into this approval of the Minor Temporary Outdoor Activity Permit to insure that the use is carried out in a manner envisioned by these findings for the term of the temporary use. 3. The proposed temporary use will not be detrimental to the general health, safety, or welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or City. Conditions 1. This Outdoor Activity Permit is approved as follows: May 30, 1992 8:00 a.m. to 11:00 p.m. May 31, 1992 8:00 a.m. to 6:00 p.m. 2. The applicant shall present proof to the Planning Division that all the following Conditions of Approval have been met, no later than 3:00 p.m., May 28, 1992. 3. Enter into an agreement with the Sheriff's Department to provide for security personnel to maintain the peace during scheduled events and provide information to the City that this agreement has been reached. 4. Designate and secure a"Beer Gardens" area. Post "No Alcohol" signs in all other areas and parking lots. 5. Adhere to FAA regulations in regards to all air events. Provide list to Lake Elsinore Police Department and Planning Division of safety precautions taken for hang gliders landing zone and any other air events. 6. Adhere to State regulations in regards to all water events. Provide list to Lake Elsinore Police and Planning Division with precautions taken for jet-ski race and any other water events. 7. Provide sufficient number of parking spaces to accommodate all vehicles associated with the festivities. 8. Provide parking attendants familiar with parking layout and traffic control plans. Parking attendants need to be identified by uniform or vest. 9. Drive aisles and parking areas shall remain free of any congregation activity. If necessary, for the protection of participants, a small portion of the parking lot may be blocked off from congregation activity. Said area shall be blocked with the use of free-standing "sawhorse" type traffic barriers. No drive aisles serving more than two rows of parking shall be blocked. If parking stalls are necessary for commercial retail use, all areas shall be cleared of pedestrian activities and participants shall be required to remain out of drive aisle and parking areas. 10. The entrance to the parking lot shall be clearly marked so that all motorists will know where to enter and exit the parking lot. 11. All signs and/or barricades are to be provided, installed and removed by the applicant. Removal shall occur no later than the following day after the event. 12. All signs and/or temporary banners shall have a City permit approved by the Planning Division. 13. The applicant shall remove all items imported to the site, no later than June 2, 1992. PAGE FIVE - CITY COUNCIL MINUTES - MAY 26, 1992 14. Secure all applicable permits from the Building Division and arrange for a full inspection. 15. The applicant shall remove all trash and debris that results from the event, no later than June 2, 1992. 16. Submit all binders of liability Insurance naming the City as additional insured as required by the City's Risk Manager. 17. Meet all County Fire Department requirements including, but not limited to, provision of fire extinguishers, provisions for the ingress and egress of emergency vehicles to and from said grounds, and Fire Safety inspection of premises prior to opening. 1S. A First Aid Station shall be present in case of injuries. 19. Portable phones should be available for emergency use. 20. Meet all County Health Department requirements including: a. Obtain required Health Department permits for food service. b. Provide grease holding and disposal method to the County Health Department. c. Clean and screen food booth(s). d. Provide adequate drinking water facilities for the public. e. Provide adequate public restroom facilities. 21. All Noise Ordinance restrictions for sound emission must be met for all activities associated with this permit. 22. Trash receptacles, one for every 100 people in attendance, shall be provided within 100 feet of concessionaire activity. 7. Parkina Restrictions on Main Street _ Resolution No. 92-24. (F:112.1) City Manager Molendyk explained that several years ago it was decided to create a 2 hour parking limit due to inadequate parking in the downtown area. He detailed the parking lots available to the public developed by the City. MOVED BY CHERVENY, SECONDED BY ALONGI TO REAFFIRM RESOLUTION N0. 87-38. City Clerk Kasad reported that she had received a petition with approximately 89 customers' signatures requesting that Council to remove the 2 hour parking limit on Main Street. Councilwoman Cherveny expressed concern that there is still not enough parking on Main Street to eliminate the 2 hour parking. She stressed the need to enforce the resolution if it is retained. Councilman Dominguez clarified that even with the islands on Main Street there is more parking then there was before. He further stated that the intent was to designate parking until Main Street and the Employee's - parking lot were completed. Councilman Alongi pointed out that there are only two signatures on the petition that are by business owners. He suggested that the business owners pay the license fees and they should all be asked for input. Councilman Dominguez explained that the signatures on the petition are customer signatures and those are the people that pay the taxes and use the businesses. PAGE SIX - CITY COUNCIL MINUTES - MAY 26, 1992 Councilman Alongi commented that by keeping the 2 hour parking on Main Street it keeps people moving and if they need more than 2 hours of parking there are parking lots provided for them to have additional time. He further stated that the survey is only a few persons, and if public input is really desired, then it should be a complete survey of the business people. Councilman Winkler asked when the Graham Avenue Parking lot would be completed. Mayor Washburn advised that it would be ready July 4, 1992 or sooner. Mr. Winkler suggested that this action might be premature and more appropriately addressed a month or two after completion of the Graham Parking Lot. Councilman Alongi stated that if the 2 hour parking is not enforced, then the signs should come down. Mayor Washburn clarified that during the construction, enforcement had been temporarily stopped administratively to be fair. He concurred with Mr. Winkler's suggestion that this should be considered at a later date. Councilman Alongi expressed concern that street sweeping was not being done well because the parked cars do not allow them to do a good job. Councilwoman Cherveny stated that the parking restriction keeps people moving and allows everyone the opportunity to park in front of businesses. She clarified that this is a resolution which is already in effect, and not a new one. Councilman Dominguez advised that Resolution No. 87-38 was intended to be temporary. Mayor Washburn stated that he felt that it was better to allow the parking limit to continue until the construction phase is complete and reconsider the resolution at that time. Councilman Winkler suggested that this item be brought back to Council approximately one month after the completion of the Graham Avenue parking lot; and also obtain a survey of the business owners on Main Street regarding this issue. He further suggested that employees of the businesses be encouraged not to park in front of the shops. Councilman Alongi expressed concern that the busy time of year is coming and he would hate to see this postponed. Mayor Washburn clarified the motion, explaining that it is for reaffirmation of the existing Resolution and does not address the enforcement. Councilman Winkler inquired whether the administrative action to stop enforcement during construction would remain. Mayor Washburn advised that in his mind that would still be in place. Councilman Alongi restated his concern with leaving the Resolution in place if it won't be enforced. Mayor Washburn suggested that it might be better to continue this matter completely until after construction is complete. Mayor Washburn again c.larified that this motion does not address enforcement. THE FOREGOING MOTION TO REAFFIRM RESOLUTION N0. 87-38 CARRIED BY UNANIMOUS VOTE. RESOLUTION N0. 87-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ESTABLISHING PARKING RESTRICTIONS ON CERTAIN STREETS AND PUBLIC PARKING LOTS. Mayor Washburn expressed concern with the discension on Council Committees which causes items of no substance to appear. Mayor Pro Tem Dominguez commented that he requested that this item be PAGE SEVEN - CITY COUNCIL MINUTES - MAY 26, 1992 placed because it could not be resolved between the Committee members. He requested that staff agendize the matter. Councilman Alongi further commented that the Public Works Committee worked very hard to reach a solution. 8. Chanae Orders for Graham Avenue Widenin4 Pro.iect - DBL Construction. (F:156.2) - Councilman Alongi commented that he is still concerned with change orders for items which should have been included in the original project. He stressed the need to bring fo'rward complete projects and eliminate change orders. He advised that these comments apply to both Items 8 and 9 of this agenda. MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH CHERVENY ABSTAINING TO APPROVE THE CHANGE ORDERS AS PRESENTED. 9. Chanae Order No. 3 for Rice Canvon Water Reservoir Storaqe Tank. Communitv Facilities District 88-3. (F:22.3) MOVED BY ALONGI, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE CHANGE ORDERS AS PRESENTED. APPEALS 31. F1aa = Joe Deleo. (F:21.1) Appeal of Planning Commission Decision to Deny a Minor Design Review for a Flag located in front of Deleo Clay Tile Building on the southwest corner of Collier Avenue and Chaney Street. Mayor Washburn highlighted this item. City Manager Molendyk detailed the prior discussions and explained that two councilmembers were designated to work with the applicant to make the proposed flag a complete project to include appropriate landscaping. Joe Deleo, 1233 Garretson, Corona, applicant, presented a rendering of the proposed project and requested Council approval. Mayor Washburn inquired when this project might be completed. Mr. Deleo advised that he would hope to complete it by Christmas, depending on economic matters. Councilman Dominguez encouraged him to complete it as soon as possible. MOVED BY DOMINGUEZ, SECONDED BY CHERVENY TO OVERTURN THE PLANNING COMMISSION DECISION TO DENY THE MINOR DESIGN REVIEW FOR A FLAG AND APPROVE THE CONSTRUCTION Of THE FLAG SUBJECT TO THE PROPOSED CONDITIONS: Councilman Alongi commented that the Conditions pertaining to signs would need to be eliminated. Mayor Washburn clarified the recommendation, indicating this is being considered a structure vs. a flag(sign) and the sign code would be waived. Councilwoman Cherveny inquired whether removal of Condition #2 would be appropriate. Mayor Washburn requested clarification from staff. Community Development Manager Shear clarified that Condition #2 addresses prior projects which Mr. Deleo has agreed to complete in conjunction with the flag. He also clarified that this is being considered a structure rather than a sign. Councilman Alongi stressed that all evidence of sign regulations need to be removed. THE FOREGOING MOTION CARRIED BY UNANIMOUS VOTE. PAGE EIGHT - CITY COUNCIL MINUTES - MAY 26, 1992 Conditions 1. Landscape and site design to be per Exhibit "A". Preliminary Landscape Plan 2. All Conditions of Approval from prior approved projects (Industrial Projects 87-1, Industrial Project 87-3, and Industrial Project 89-1) shall be completed prior to final of the structure by the City. BUSINESS ITEMS 51. Trash Manaqement Contract = CR & R Inc. (F:68.1)(X:163.1) City Manager Molendyk advised that this item involves the Rodriguez Disposal Contract which has been in effect since 1982 and currently has about 12 years left. He further advised that Mr. Rodriguez is now planning on retiring and has negotiated with CR & R Inc. of Stanton, who is one of the larger recycling/trash disposal companies in the area. He also advised that the Public Works Committee has spent a great deal of time reviewing the present contract and working with representatives of CR & R to address the City's future trash hauling needs and requirements of AB 939. A video tape of the CR & R operation was presented. David Fahrion, Vice President, CR & R, 11292 Western Ave., Stanton, advised that CR & R is a privately held company and that they were approached by the Rodriguez's to receive transfer of the existing franchise. He further advised that negotiations have been ongoing for approximately 4 or 5 months. He also advised that they are currently providing services in this area to the cities of Perris, Canyon Lake and Temecula. He commented that they are currently building a material recovery facility in the City of Perris as an effort to comply with A6 939 recycling legislation. City Manager Molendyk explained that depending on Council action the transition would take place for the remainder of the year with all of the new equipment and receptacles going into place by January 1, 1992. Councilwoman Cherveny advised that she would like to take some time on the agreement in that it will impact the community for the next 20 years; and Council detailed specific points in the agreement with which they had questions or concerns as follow: Page 5- Item 1- Councilwoman Cherveny commented with regard to the ten 40 cubic yard roll off bins at locations designated for the City as a part of any clean-up at the expense of the contractor, since that is approximately 1 bin per 2,000 in population; she would prefer to see that number tied to the population. Preferably 1 per 2,000 in population rather than the restriction to l0 or 15 barrels. Mr. Fahrion advised that he did not see a problem with that method. Page 5- Item 4- Councilwoman Cherveny emphasized the necessity to educate the public on the new program and encouraged the use of a video on King Videocable. Page 9- Item 7- Councilwoman Cherveny requested that in addition to the services to be provided at no charge to City Hall, City Fire Stations, City Police Department, City Parks, that it include any City owned or operated area or building, to allow for future facilities. Mayor Washburn referred back to Page 7 in connection with Councilwoman Cherveny's comments; stating that weekly street sweeping should include not only all industrial, commercial and residential streets, but also any City Parking Lots. Mr. Fahrion advised that this'is the intention, however it is difficult to list everything. ` PAGE NINE - CITY COUNCIL MINUTES - MAY 26, 1992 Page 10 - Item 10 - Councilwoman Cherveny commented that the Franchise Fee amount was originally 4% and now the plan is for a fee of 10.1%, however she expressed concern that the verbiage is based on gross revenues less land fill fees. She explained that her concern is the unknown future level of land fill fees. She explained that she would rather have an amount stated such as 8% of the gross fees, so the amount coming back to the City would be known from the start. She questioned what percentage would work for CR & R. Mr. Fahrion explained that he would need to calculate that number before he could respond. Councilwoman Cherveny advised that she would also need to calculate because she is not aware of the current land fill fees. Mr. Fahrion clarified that the fees would be fully disclosed at the time the franchise fees are paid. He further clarified that this is a component of the disposal fees and would be a direct pass through from the County. Councilwoman Cherveny further clarified that in that case she would see the company absorbing the cost and returning a flat percentage, particularly if it is being paid by the residents anyway. Page 10 - Item A- Councilwoman Cherveny advised that she would prefer a $100,000 performance surety bond. She explained that Mr. Rodriguez currently provides a$100,000 surety bond in addition to the $20,000 cash or letter of credit. Mr. Fahrion clarified the rates and explained that their direction is to provide the most services at the best possible rates, and any increases will be reflected in the fees to the residents. Councilwoman Cherveny clarified that was her understanding. She also noted another reference to the land fill fees and reminded CR & R that she would like a number. Page 14 - Item 14 - Councilwoman Cherveny reminded the company of discussion at the study session and again expressed concern with trash mitigation in the event of a strike. Mr. Fahrion explained that this is addressed by the liquidated damages clause and he thought was resolved by increasing the cash bond to $1,500 per day to cover services rendered by the City. Councilwoman Cherveny expressed further concern that they will allow the City temporary possession and use of the equipment at no charge, however, she is not sure the City staff is licensed or qualified to utilize the equipment. Mr. Fahrion advised that he was not sure how this issue could be resolved. Councilwoman Cherveny advised that she was not sure of the resolution either, but it remains an issue which will need to be solved. Page 16 - Annual Review of Performance - Councilwoman Cherveny requested clarification of the annual review of performance and the flexibility the Council would have to make minor changes. Mr. Fahrion explained that if the franchise is not performing then the Council could cut off the evergreen clause and the franchise would wind down from there. Councilwoman Cherveny asked if this was in effect a 10 year cancellation clause. Mr. Fahrion confirmed that this would start the clock running. Councilman Alongi inquired whether the review has only to do with the revolving part of the contract, or if each years review starts the ten years again. Deputy City Attorney Burns confirmed that it is a ten year renewal unless Councit decides not to renew. Mr. Alongi questioned the advantage to reviewing the contract yearly if it cannot be canceled. Michael Silva, Vice-President of CR & R, clarified that this is a 10 year rolling contract, however termination for performance is immediate and it goes into the liquidated damages clause requiring performance. Mr. Silva further clarified the types of things subject to annual review. Mr. Alongi advised that this clarified what he was looking for. Councilwoman Cherveny again address the strike potential and questioned the daily payroll costs for manning the trucks and how it would be reimbursed. Mr. Silva explained that they would look to the liquidated damages clause and the would be $1,500 per day for labor and the machinery would be free. He confirmed that this would be more than adequate to cover the cost to the City. Councilwoman Cherveny inquired whether that would still be adequate with increased population. Mr. Silva advised that they would not object to PAGE TEN - CITY COUNCIL MINUTES - MAY 26, 1992 tying those clauses to population. Councilwoman Cherveny advised that this would make her more comfortable in that our population has not stabilized. Deputy City Attorney Burns suggested that it might be appropriate to tie it to both population growth and the C.P.I. Index for increases. Page 19 - Item 7- Councilwoman Cherveny stated that her understanding of the proposal for street sweeping is for every other week in residential areas and twice a week in commercial areas. Councilman Alongi further addressed street sweeping and suggested a one year probationary period before locking in to that portion of the contract. He explained that if the sweeping is effective for the Community a long term agreement could be signed. He expressed dissatisfaction with the current level of service and suggested that the probationary term would allow for adjustments. Mayor Washburn clarified that this sweeping portion of the agreement is on a five year basis rather than the ten years. Mr. Alongi confirmed that it was five years, however he is more concerned with the job being done right than the number of years. Mayor Pro Tem Dominguez questioned the ability to review the contract in a year anyway. Councilman Alongi advise that he could not find that in the agreement. Mayor Washburn advised that it is in the performance bond section. Page 28 - Rates - Councilwoman Cherveny commented that the current rates are $11.05 per month and they would continue through December 31, 1992, with an increase on January 1, 1993 to $12.82 per month. She also clarified the bins to be provided and the $.50 per month for an employee to track compliance with AB 939. She questioned the remittance process for the $.50 back to the City, rather than building it in to the 10% figure. Mr. Fahrion clarified that the 10% is after the $.50 remittance and explained that the current agreement for remittance on a monthly basis. Mayor Washburn inquired whether these fees would be paid on the quarterly basis with franchise fees. Mr. Fahrion clarified that the $.50 would be remitted monthly and the franchise fee would be paid quarterly. Councilwoman Cherveny questioned the placement of this explanation in the agreement. Mr. Fahrion clarified that this is pursuant to existing ordinance and has nothing to do with the franchise agreement. Councilman Alongi addressed the $.50 charge and whether it would be adequate to pay wages for a position. Public Services Director Tecca explained the $.50 charge and clarified that the program to be implemented will use approximately 1/3 of a position. He further explained that CR & R already provides most of the public information program and the fliers required to publicize it. Councilman Alongi inquired whether once the public education is complete the position wo~,ld be gone. Mr. Tecca clarified that this would be a yearly process. Councilman Alongi further questioned the money i.o fund the position. City Manager Molendyk clarified that this would be a portion of a new or existing position in the Engineering Department, not a full time portion. Councilman Alongi questioned the availability of a staff person qualified to perform this function. Mr. Tecca clarified that the process is detailed in the Source Reduction and Recycling Element which will be coming back for final acceptance. He further clarified that the intent would be do to it in-house. Mr. Fahrion referred back to Page 2- Section 2 under definitions to clarify the references to the existing Municipal Code. Page 28 - Item 4- Councilwoman Cherveny questioned the January 1, 1993, monthly container rate of $5.00 per month. Mr. Fahrion clarified that this is the additional barrel rate, over and above the three cans supplied. Page 28 - Item 5- Councilwoman Cherveny addressed the May, 1992, additional bulky item pick up charge of $5.Q0 per item, two items per pick up, asking if in fact two of those would be free. Mr. Fahrion confirmed that this would be for any additional pick-ups after the two free ones. Councilwoman Cherveny requested verbiage to specify that this charge is PAGE ELEVEN - CITY COUNCIL MINUTES - MAY 26, 1992 after the two free ones. Mr. Fahrion advised that the residents call in and the company will collect the bulky items. Councilwoman Cherveny commented on previous discussions and the possibility of placing these fees on the tax bills in lieu of having to collect monthly and the potential for a reduction in the rate. Mr. Fahrion confirmed that this cost would be $.19 because of the quarterly billing. Councilwoman Cherveny questioned the impact of noncollections on the $.19 cost. Mr. Fahrion advised that based on other cities they feel this is a reasonable estimate. Councilwoman Cherveny inquired what the preference for billing would be. Mr. Fahrion advised that they would prefer the inclusion on the tax bills because it is much easier for us to administer and it insures collection of the fees. Councilwoman Cherveny commented on her concerns previously mentioned with the potential of a fish kill in the lake and the problems with that disposal. She inquired whether new information had been obtained on the ability to assist with the disposal. Mr. Fahrion advised that they have contacted a composter, however the gentleman needed to check with the State for the limitations of his permit. He offered to pursue it further first thing in the morning. Councilwoman Cherveny commented on the clause addressing disposal of special waste like dead animals and waste water and supposed that fish would be similar. Mr. Fahrion clarified that those are exempt waste they cannot handle. Councilman Alongi clarified that the figure has been increased from 10 to 15 of the 40 cubic yard bins already. Councilwoman Cherveny expressed concern that this will still not be enough and reemphasized that she would still like to see it tied to a population ratio. Councilman Dominguez advised that most everything had been addressed and he is satisfied with the proposal. Mr. Fahrion clarified that the current Franchise Fee methodology is that used for the past ten years on the Rodriguez contract. Councilwoman Cherveny commented that this does not mean it is the best method. Councilwoman Cherveny advised that she would like to see the adjustments as discussed in the agreement. She clarified that the surety bonds don't cost too much and she doesn't feel it is unreasonable to require it. Mayor Washburn referred back to a comment from CR & R representatives that the costs would be passed on to the consumers and commented that he didn't feel it would be that much on the total cost. Mayor Pro Tem Oominguez suggested that the savings of adding the bills to the tax roll might offset the increased cost. Councilman Alongi commented on his discussions with Mr. Fahrion on the sweeper that if he didn't get it on that contract he couldn't go to the bank and buy a new one. He advised that they said they had a new piece of equipment in their yard that was two years old and in good shape and he didn't see a problem in them using that on a trial basis. Councilwoman Cherveny commented on the street sweeping and emphasized that the public needs to know the City is considering a reduction in the residential area of sweeping to every other week instead of a weekly sweeping. She stressed that the funds saved in this area could potentially be used toward public safety issues. Councilman Alongi questioned the timing of street sweeping advising he thought it would be every collection day. Councilwoman Cherveny advised that this contract is calling for every other week for residential areas. She further explained that there was a substantial savings to the City that could possibly be earmarked for Public Safety. PAGE TWELVE - CITY COUNCIL MINUTES - MAY 26, 1992 City Manager Molendyk pointed out that a recent study of street sweeping shows the trend toward bi-weekly sweeping due to cost and effectiveness in most communities. Mayor Washburn questioned Council's preference for handling this item and whether they would prefer a motion making the changes requested or return of the item with the revisions in place for the final approval. Councilwoman Cherveny advised that she would like to see the revisions done and then brought back to Council because this is a big, long term commitment. Councilman Alongi concurred. Councilwoman Cherveny stressed the need to see the final draft in advance sc there is time to review it. Mayor Pro Tem Domingu~z questioned the ability make those changes now, and prevent duplication of the same discussions. Councilman Winkler concurred that the changes should be made and the Council given a chance to review it one more time. Councilwoman Cherveny suggested that it would give time to check on the fish disposal and the bonding. Mr. Fahrion advised that his hands are tied on the fish, he can only report back; however, they can provide the bond as requested. He advised that they would prefer to stay with the street sweeping per the agreement not the one year, but if that is Council's preference that is fine too. Councilwoman Cherveny expressed concern that the City Attorney hasn't really had an opportunity to read through the agreement. Deputy City Attorney Burns advised that Mr. Harper has read through it, but some excellent points have been raised that may need to be addressed also. He suggested that Mr. Harper bring it back with those points addressed. Councilman Alongi clarified his suggestion regarding street sweeping was not to have them go out and buy a piece of heavy equipment and in a year down the road be told that Council is not satisfied with the service having them committed to the new equipment. Mr. Fahrion further clarified that they are willing to commit to buy the sweepers and do the job on the long term basis, however, performance is their responsibility and can be cause for immediate termination. Councilman Alongi further questioned the immediate termination versus changes in the service. Mr. Fahrion clarified the two explaining that a financial up or down depending on frequency might be done, but the calculations have been done and they have no problem changing scope. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO BRING THE CONTRACT BACK TO THE NEXT MEETING WITH THE CHANGES FOR ONE MORE LOOK BEFORE MAKING A TEN YEAR COMMITMENT. THE CITY COUNCIL MEETING WAS RECESSED AT 8:55 P.M. THE CITY COUNCIL MEETING RECONVENED AT 9:02 P.M. 52. Downtown East Assessment District. (F:22.3) City Manager Molendyk explainetl that the City Council had previously approved the study of the proposed Assessment District for infrastructure improvements behind the City Hall area between Lakeshore and I-15. He further explained that Council felt that these areas were highly deteriorated due to the age of the structures and the area is targeted for infill to encourage up-grading, This area is considered blighted and this item is to assist in resolving that problem:: Jeff Cooper, B.S.I., gave a brief overview of the engineer's report and detailed the priority areas which need the most attention, particularly the area just east of Main Street, between Prospect and Pottery Street. The PAGE THIRTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 estimated cost for this portion would be 6.6 million dollars. Councilman Alongi questioned the reason for doing an assessment district instead of using Redevelopment funds since this area is considered blighted. He questioned the ability of the residents of this area to pay an assessment. Mayor Washburn clarified that housing isn't enough to do the job in regard to redevelopment. City Manager Molendyk explained that the Council recognizes that there would be a fairly high cost involved, however, the majority of the people that would be affected by this assessment would be absentee landlords. He commented that this would encourage improvements by the landlords. Mr. Cooper advised that what the preliminary report does not include is funding from other sources outside of the district. If other funding is available it would lower the assessments and this will be pursued. Councilman Alongi inquired whether there were other areas to acquire money to reduce the assessment and further stated his concern in regard to the cost of studies. Councilwoman Cherveny asked, based on the appraisals, what percentage in that area are absentee landlords. Mayor Washburn suggested that a good guess would be approximately seventy to eighty percent of the area is absentee landlords. Mr. Cooper stated that the area is very high in absentee landlords. Councilwoman Cherveny questioned the cost of the further study. Mr. Cooper stated that the next phase for study would be approximately $30,000. Councilwoman Cherveny requested an informational meeting or study session to further inform her regarding this item. City Manager Molendyk stated that Mr. Cooper or one of the staff from B.S.I. can be available for a meeting or study session to answer any questions. He further stated the money has been budgeted from the Redevelopment Agency to pay for the study and if the assessment is in place it will be repaid to the Redevelopment Agency budget. Councilman Winkler questioned the elimination of certain areas from the proposed district. Mr. Cooper explained that some of the areas eliminated had already been improved and others are a long way from being developed and it was felt that they were not appropriate to include in the district. Special Project Coordinator Wood explained the sources of funding and that the project would have to be done in phases. Councilman Winkler agreed that he would like to have a study session in regard to this matter. Councilman Alongi inquired how many parcels are involved and how much it will cost overall. He stated that he does not want to see the City loose all of its affordable housing. Special Project Coordinator Wood advised that there are 673 parcels involved. Mayor Washburn commented that the blighted area we are discussing is costing the City more money by ignoring the problem of up-grading. He further commented that by improving the area it will encourage in-fill for affordable housing. Councilman Winkler stated that he feels that in every housing area affordable housing is being provided. PAGE FOURTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 MOVED BY CHERVENY, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO TABLE THE DOWNTOWN EAST ASSESSMENT DISTRICT AND ESTABLISH A STUDY SESSION DATE TO PROVIDE FURTHER INFORMATION. 53. The California lnn = 164 S. Main Street. (F:32.4) City Manager Molendyk explained that this item is being presented in response to questions raised at the last City Council Meeting. He detailed the problems for which the building was closed including insufficient electrical improvements, water damage, inoperable elevator, unsafe stairways and unsecured pool area. He further explained that Mr. Mitchell has submitted plans and is proceeding to address the concerns with no major renovations planned at this time. He also noted that this property is still in the first notice phase. A videotape showing the conditions at the time of inspection was presented for Council information. City Manager Molendyk advised that staff has met with Mr. Mitchell and the proposed purchaser of this property and they are currently pursuing grant funding to rehabilitate the building for senior citizen housing. Harry Mitchell, owner, spoke in defense of his building and himself indicating he has had numerous problems in removing problem tenants and has received inadequate assistance from the Sheriff's Department. He also explained that factors in the current situation included the excessive rains and pending sale. He offered to show a videotape of the hotel operations. Council requested that he leave this tape so they could review it at City Hall. CITY MANAGER COMMENTS City Manager Molendyk invited Public Services Director Tecca to provide an update on Collier Road. Mr. Tecca advised that there had been substantial delays on this project for a number of reasons. Many of which centered around the 12" and 24" water lines and changes required by the Water District. He also advised that there were 30 rain days which further impacted the timing, however work is proceeding now. City Manager Molendyk advised that staff has met with EVMWD staff and affected homeowners to mitigate the concerns in the Amber Ridge Tract relating to septic problems, and Council would be receiving a memo of explanation. CITY COUNCIL COMMENTS Mayor Pro Tem Dominguez commented on recent coverage on Channel 2 news regarding the algae problems in the Lake. He clarified that the City is not currently responsible for the Lake and can do nothing to solve the problems at this time. Mayor Washburn commented that the City is trying to address alternatives like aeration and other methods through cooperation with the Water District. Councilman Alongi commented on the Main Street Dogs hot dog cart, expressing concern that he has still not seen the new cart they promised. Mayor Pro Tem Dominguez advised that the owner has met some problems at the Health Department level in that they have changed the regulations. Councilman Alongi expressed concern that the license should not have been issued if these concerns were still pending. He also erpressed concern that the cart was still being allowed in a red zone. Councilman Alongi also expressed concern with the current push cart situation and whether a few of these operations should be allowed rather than just saying no. Councilman Alongi reminded Council that he would still like a Study Session regarding the D.B.A. Mayor Washburn advised that the budget is currently the PAGE FIFTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 priority and when it is complete the other areas will be addressed. Councilman Alongi commented on the newly finished Graham Avenue improvements and expressed that certain items already need to be replaced. Councilman Alongi also commented that he would like to have a study session on the potential for pay back of abatement costs. City Manager Molendyk advised that the Redevelopment Agency board is currently looking at options. Mayor Washburn confirmed that the matter is being discussed. Councilwoman Cherveny appealed to the public to get involved and write to legislators who could assist in dealing with the algae and fish kill problems in the Lake this summer. She advised that addresses for the legislators are available through the City Clerk's Office. Councilwoman Cherveny commented on a letter sent to the Department of Fish and Game to allow for removal of the fish before they die. Councilwoman Cherveny also commented on confusion in procedures with regard to placement of items on the City Council Agenda and requested direction with regard to agendized items. Councilwoman Cherveny complimented the Chamber of Commerce on its successful Rodeo. Councilwoman Cherveny thanked the City Clerk's Office and City Manager's Office staffs for their support and guidance in assisting her to settle in to her position on the City Council. Councilwoman Cherveny reminded the Community of the upcoming vacancies on the Planning Commission and encouraged interested parties to apply. Councilwoman Cherveny wished all of the candidates luck in the upcoming Primary Election on June 2nd. Councilwoman Cherveny addressed the residents of Lakeland Village regarding their request on launching rights and requested their patience as the City does care and will be willing to work with them. Councilwoman Cherveny also commented that she had received complaints on the previously mentioned parade route closures. Councilman Winkler concurred with Councilwoman Cherveny's comments to the Robert Houts and the Lakeland Village residents. He also concurred that they should be involved in the planning process for the Lake as it is acquired. Councilman Winkler thanked staff for addressing the concerns of the Amber Ridge Tract and advised the Community that work is underway to locate a method of funding to complete the necessary repairs and improvements. He also commented that this tract is adjacent to a Redevelopment Project Area and possibly a finding of necessity would allow for assistance from that source. He requested that this be addressed with the budget process. Councilman Winkler commented on the current cases involving pygmy goats and pot-bellied pigs and suggested that these animals should be considered pets. He requested that this part of the code be reviewed to allow for specific exceptions. City Manager Molendyk advised that this matter is currently being reviewed by staff and L.E.A.F. representatives. Mayor Washburn encouraged the public to apply for the openings on the Planning Commission. Mayor Washburn advised that he had also spoken with the owners of the pot-bellied pig and agreed that a new approach needs to be considered. He also advised that the owners have invited the Council to visit; and that the 4-H has classified "Oscar" as a pet rather than livestock. PAGE SIXTEEN - CITY COUNCIL MINUTES - MAY 26, 1992 THE CITY COUNCIL MEETING WAS RECESSED AT 9:59 P.M. THE CITY COUNCIL MEETING RECONVENED AT 10:35 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT AGENCY AT 10:35 P.M. TO DISCUSS MATTERS OF POTENTIAL LITIGATION. THE CITY COUNCIL MEETING RECONVENED AT 11:15 P.M. NO ACTION TAKEN. ADJOURNMENT MOVED BY WINKLER, SECONDED BY WASHBURN AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11 6 P.M. i ~. I~l~ ~ ARY . WASHBURN, MAYOR CIT F LAKE ELSINORE A TES : , ` C , CITY CLE K CITY OF LAKE ELSINORE