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HomeMy WebLinkAbout06-09-1992 City Council MinutesMINUTES REGULAR CITY COUNCIL MEETING CITY OF LAKE ELSINORE 545 CHANEY STREET LAKE ELSINORE, CALIFORNIA TUESDAY, JUNE 9, 1992 ***********************~************************************** CALL TO ORDER The Regular City Council Meeting was called to order by Mayor Washburn at 7:02 p.m. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Manager Molendyk. ROLL CALL PRESENT: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN. ABSENT: COUNCILMEMBERS: NONE Also present were: City Manager Molendyk, City Attorney John Harper, Administrative Services Director Boone, Community Services Director Watenpaugh, Public Services Director Tecca, Community Development Manager Shear, City Planner Christen and Deputy City Clerk Bryning. PRESENTATIONS/CEREMONIALS None. CONSENT CALENDAR The following items were pulled from the Consent Calendar for further discussion and consideration: Items Nos. lb., 6, 10. MOVED BY DOMINGUEZ, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED. 1. The following Minutes were approved: a. City Council Study Session - May 18, 1992. (F:44.2) c. Planning Commission Minutes - May 20, 1992.(F:60.3) 2. Received and ordered filed the Building Activity Report for May, 1992. (F: 32.2) 3. Received and ordered filed the Code Enforcement Activity Report for May, 1992. (F:54.1) 4. Received and ordered filed the Structure Abatement Activity Report for May, 1992. (F:32.4) 5. Ratified the Warrant List for May 29, 1992. (F:12.3) 7. Accepted Notice of Completion for Curb, Gutter,:Sidewalk and Pedestrian Ramp Replacement Program and miscellaneous street improvements for Grand Terrace Construction. (F:146.1) 8. Approved Change Order Nos. 1,2 & 4 for Storm Drain Channel Line "B-1~~ (Stage 1) at Machado Street, in Community Facilities District 88-3. {F:22.3) PAGE TWO - CITY COUNCIL MINUTES - June 9, 1992 11. Approved the Public Hearing Date of June 23, 1992 for the following: a. Neaative Declaration No. 91-15 = Citv of Lake Elsinore. (F:154.1) A request to adopt Negative Declaration 91-15 for the expansion of the City of Lake Elsinore's Sphere of Influence to include 3,840 acres along its northern boundaries. Presently the area is within an unincorporated portion of Riverside County and is not in any other City's Sphere of Influence. b. Tentative Parcel Mab 27483 _ Samir Alashoar. (F:110.2) A request to divide the air space of one parcel into dual ownership to create two condominium units. Approval of Conditional Use Permit and Design Review for the construction of one duplex. It has been determined that the request is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15315, Class 15 (Minor Land Division). c. 1992/93 Fiscal Year Budaet. (F:30.1) d. Recoverv of Expenditures - Structure Abatement at 17501 Collier Avenue. (F:32.4) - e. Recoverv of Exaenditure - Structure Abatement at 272 East Peck Street. (F:32.4) f. Recoverv of Exbenditures - Nuisance Abatement of vacant lot on East Graham Avenue - A.P. ~ 373-024-003 373-024-004. 373-024-005 and 373-024-006. (F:32.4) ITEMS PULLED FROM THE CONSENT CALENDAR lb. Regular Citv Council Meetina Minutes = Mav 26~ 1992. (F:44.2) Councilwoman Cherveny explained that Item No. 8 of the minutes was Change Orders for Graham Avenue Widening Project for DBL Construction and due to the fact that her business is on Graham it was her intention to abstain on this motion. She further addressed Item No. 7, Parking Restrictions on Main Street and stated that she wished to clarify her motion was to reaffirm Resolution No. 87-38 which means it should be enforced as written. Mayor Washburn clarified that the motion was to keep what we have had in the past. Councilman Winkler stated that the minutes are correct as written. He further stated that the motion was clear and leaves Resolution No. 87-38 in place. Mayor Washburn asked City Attorney Harper for clarification. City Attorney Harper stated that the motion stands. xe further stated that the intention or a motion can be brouqht before Council to reconsider the matter with a four-fifths vote at this meeting or at the next meeting for reconsideration. Councilman Alongi commented that if a resolution is passed it should be enforced. Councilman Dominguez stated that when the construction projects were completed then the matter would be brought back to Council for reconsideration. PAGE THREE - CITY COUNCIL MINUTES - June 9, 1992 Mayor Washburn concurred. Councilwoman Cherveny explained that she just wished to clarify her motion. Mayor Washburn reviewed the procedure to reconsider the issue. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REGULAR CITY COUNCIL MINUTES OF MAY 26, 1992 WITH CORRECTION OF VOTE TO SHOW ABSTENTION BY COUNCILWOMAN CHERVENY ON ITEM NO. 8. 6. Final Approval of Parcel Mab 25638 - Lona Beach Equities. (F:110.2) Councilwoman Cherveny explained that she would be abstaining on this item due to the fact that she does a significant amount of business with Long Beach Savings Bank. MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED WITH A 4-0 VOTE WITH CHERVENY ABSTAINING TO GIVE FINAL APPROVAL OF PARCEL MAP 25638 FOR LONG BEACH EQUITIES. 9. Notice of Completion for Storm Drain Channel Line "B-1" Sta e 1Z at Machado Street. Communitv Facilities District 88-3. (F:22.3) Councilman Alongi stated that when so many change orders occur he feels that it looks as though the City is not doing their job. He asked if there were some way to eliminate the amount of change orders that seem to occur in regard to these projects. He further stated that he did not question the quality of work nor its completion, but rather that it was not anticipated prior to award oP the contract. Mayor Washburn called on Public Services Director Tecca to clarify this issue and also asked if the projects were on schedule and within budget. Public Services Director Tecca stated that Community Facilities District 88-3 is on schedule and well under budget. He introduced Pete Savello, Construction Manager for Community Facilities District 88-3 to answer any further questions regarding the change orders. Councilman Alongi questioned Mr. Savello in regard to the items that create the unanticipated change orders. Mr. Savello stated that it is typical of all Community Facilities District projects to find items which are not expected or anticipated in the planning process due to the age and conditions of the streets and areas which are being improved. Mr. Savello then gave several examples of the items that created the change orders. Mayor Washburn then asked Mr. Savello to go over the listed change orders and explain them. Mr. Savello addressed each item as follows: 1. Additional cost for excavation of concrete debris not shown on plans or soils reports. Due to the flooding in 1980 when that section of channel blew out the Flood Control District poured concrete behind the channel to hold it and no one knew that it was there until the project was under way and excavation had begun. 2. Add two 24" Butterfly gate valves to 21" water line. Add 260 linear feet of channel and sub-drain. PAGE FOUR - CITY COUNCIL MINUTES - June 9, 1992 The original plan called for a relocation of a water line. At the request of the District, two gate valves were to be installed to isolate the water line. Mr. Savello further stated that this project has been and continues to be done iri pieces due to the different Agencies that must check and approve portions of this project creating situations not anticipated but important for the City to address. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE NOTICE OF COMPLETION FOR STORM DRAIN CHANNEL LINE "B-1" (STAGE 1) AT MACHADO STREET, COMMiJNITY FACILITIES DISTRICT 88-3. 10. Chanae Order No. 6 for Storm Drain Line ~~C" and "C-1" on California Street and Jov Street. Communitv Facilities District 88-3. F:22.3) Councilman Alongi questioned Item H, asphalt improvements. Pete Savello, constructiion Manager, stated that the lines were 18" off and it was decided that the entire width of the street would be paved instead of trench paving. Mayor Washburn asked if there was any thing the City could have done to prevent these things from happening? Mr. Savello stated that there was nothing that could have been done to change the situation due to the age of the street. Due to the fact that a contractor is already on site the CFD Committee is able to negotiate and get things done for less because it is not going through the bid process. Mayor Washburn asked if the City received credits for this. Mr. Savello stated that this allows the City to delete as well as add. Mr. Savello further stated that there were problems with a catch basin as there was no drain installed so the project included that drain to solve the run-off problems at that site. Councilman Alongi asked if the Gas Company marked the location of the gas lines before excavation. Mr. Savello stated that trie Gas Company did mark the site of the gas lines, but the storm drain had to go in the same area, so a relocation was necessary. Councilman Alongi asked if this type of situation could be addressed prior to proceeding with the project. Ae explained that he did not question the budget, or time line but rather the ability to anticipate problems in order to address these situations in advance. MOVED BY WINKLER, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO AUTHORIZE THE AMENDMENT TO TAE CONTRACT FOR $33,797.43 FOR THE ADDITIONAL WORK ON MACHADO STREET, CALIFORNIA STREET AND ST. CLAIR STREET AND AUTHORIZE CITY ENGINEER TO PROCESS AND EXECUTE THE APPROPRIATE CHANGE ORDER DOCUMENT. BUSINESS ITEMS 51. Ju1v 4~ 1992 Securitv. (F:151.1) City Manager Molendyk explained the background of the July 4th, celebration. He further explained that in the past the City has used private security`supported by our local law enforcement. Mr. Molendyk stated that Councilman Alongi had some concerns regarding the security for this event. PAGE FIVE - CITY COUNCIL MINUTES - June 9, 1992 Councilman Alongi stated that quality and professional appearance have been stressed within the City. He further stated that he felt that the July 4th celebration is a family affair and that the current security is intimidating and not easily identified. He questioned the quality of training and compared the security to that currently used by the City in the downtown area. Mr. Alongi stated that the difference in cost is $92.00. Mr. Alongi further stated that he thought it was time the City moved on and hired uniformed security who he felt were better equipped and looked more professional. Mayor Washburn commented on the difference in costs for the different security agencies. Councilman Alongi stated that he felt when people do business with the City and are given exclusive rights for certain things then something should come back to the City from that business. He further stated that he had talked to Price Security and they reduced their cost down to $2,592. Mayor Washburn stated that the City has used Molifua Security in the past and they have done an excellent job and he has heard no complaints. He further stated that this is an eleventh hour price change and he has called upon the City Attorney for an opinion. Councilman Alongi stated that this was not a sealed bid and no other security services were contracted until he requested it. He further stated that it is misleading to ask the attorney for an opinion. Councilman Alongi further stated that whether any other Councilman had received complaints or not he had and he stressed the push for more professional appearance for the City and that is what he is trying to address. He stated he is not criticizing the quality of service of past security, but is looking at providing a quality service with a professional appearance. This is a family event and with the policy of no cans, bottles or chairs in the park there is no need for security to intimidate the public; and that is how the current security is perceived. He further stressed that he felt that the City should use security that is easily identified and is quickly tied to the Sheriff's Department. City Attorney Harper commented on appropriateness of a bid after the fact and stated that this could place the City in liability. He questioned the ethics of taking the amount from one entity to another for a comparison. He explained that because this is a public agency there is the flexibility'to negotiate. Councilman Alongi stressed that there was no bid process; this was an agency chosen by the City and no one else was asked. He stated that he was the one that encouraged staff to do a price comparison. The intent was not to undercut anyone, only to conduct good business on behalf of the City. City Manager Molendyk clarified that staff has been runninq the program for seven years with the cooperation of the Sheriff's Department. He explained that staff choose to follow the same practice in using low profile security, because it is a family event, within the park and armed officers at the gate and on the perimeter of the park are available for any assistance. He further stated that at budget time staff did get different estimates to set the amount needed for the event. Mr. Molendyk explained that Captain Daniel from the Sheriff's Department was available to answer any further questions. PAGE SIX - CITY COUNCIL MINUTES - June 9, 1992 Councilman Dominguez asked if there had been any formal complaints. He stated that all he had heard was praise for the concert: Mayor Washburn asked if there had been any complaints in regard to security. Community Services Manager Sapp stated that to his knowledge there had been none. Councilman Alongi stated that he took exception to the implicatiion that he is stating false information. He further stated that the security does not keep a low profile but if Council wishes to keep the same kind of security then he feels they were not living up to their commitment to improve the quality and appearance of the City of Lake Elsinore. Mayor Washburn stated that he would take exception to Councilman Alongi's comment because as he feels staff and security have done quite well. He further stated that he has heard no complaints. MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A 4-1 VOTE WITH ALONGI CASTING THE DISSENTING VOTE TO REMAIN WITH EXISTING SECURITY (MOLIFUA SECURITY) FOR THE JULY 4TH, CELEBRATION. 52. Extension of Time for Tentative Parcel Ma~ No. 24510 - Miauel and Dolores Gonzalez. (F:110.2) City Manager Molendyk explained that on April 17, 1990, Tentative Parcel Map No. 24510 was approved by the County Board of Supervisors; it consists of the subdivision of a 2.34 acres lot into a 1 acre and a 1.34 acre parcel. He further explained that the project has met all its environmental requirements and recommended that the City Council grant the twelve month extension of time for Tentative Parcel Map No. 24510, based on the Findings and subject to the revised and additional Conditions herein. MOVED BY CHERVENY, SECONDED BY DOMINGUE2 AND CARRIED BY UNANIMOUS VOTE TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 24510, SUBJECT TO THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS 1. Substantial progress toward the development of this Parcel Map has taken place. 2. The Project as proposed and re-conditioned is consistent with the Goals; Policies, and Objectives of the General Plan. CONDITIONS l. Extension of time for Tentative Parcel Map No. 24510 shall expire twelve months from City Council approval date unless an additional extension is granted in accordance to the California Subdivision Map Act and Title 16 of the Municipal Code. The Final Map shall be prepared by a registered Civil Engineer or a licensed Land Surveyor and shall be subject to all the requirements of the California Subdivision Map Act, Lake E15inore Title 16 unless modified by the Conditions~of`Approval. 3. Easements required for roadways, drainage facilities, utilities, etc., shall be shown on the final map within the land division boundary. 4. Comply with all the Conditions of the Riverside County Fire Department. PAGE SEVEN - CITY COUNCIL MINUTES - June 9, 1992 5. Applicant shall meet all the requirements of the Elsinore Valley Municipal Water District (E.V.M.W.D.). 6. Applicant shall meet all the requirements of the Southern California Edison Company. 7. Applicant shall meet all the requirements of the Southern California Gas Company. 8. Applicant shall meet all the requirements of the General Telephone Company. 9. The development of this lot division shall comply with the development standards of the R-1 Zone (Single Family Residential) and requires separate '!Design Review" approval. lo. The applicant shall sign and complete an executed original to the Planning Division. 11. When applicable, those Conditions of Approval established by the Riverside County Planning Department and approved by the County Board of Supervisors shall be met prior to final recordation. Engineering 12. Applicant shall pay their fair share for improvements installed by the West Elsinore Community Facilities District (CFD 88-3) which this map will receive benefits. The applicant's share shall be determined by the benefit area map prepared by the assessment engineer, Keith Engineering Company. 13. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil Engineer and approved prior to final map approval. Prior to any qradinq, the applicant shall obtain a grading permit and post appropriate seourity. 14. All improvement plans and tract maps shall be digitized. At Certificate of Occupancy applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $1,000 per sheet for City Digitizing. 15. Annexation to the City's Landscaping and Lighting District is required prior to approval of a final parcel map. 53. Extension of Time for Tentative Parcel Map No. 24500 - Trov and Nancv Roberts. (F:110.2) City Manager Molendyk explained that on April 27, 1990, the Riverside County Board of Supervisors approved Tentative Parcel Map No. 24500 which consisted of the subdivision of a 2.31 acre lot into 1.17 acre parcels. This project is located in the "Hammerhead" area, the environmental requirements have been met and staff recommend that the City Council grant the twelve month extension of time for Tentative Parcel Map No. 24500. MOVED BY CHERVENY, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO GRANT THE TWELVE MONTH EXTENSION OF TIME FOR TENTATIVE PARCEL MAP N0. 24500, BASED ON THE FOLLOWING FINDINGS AND CONDITIONS: FINDINGS 1. Substantial progress toward the development of this Parcel Map has taken place. PAGE EIGHT - CITY COUNCIL MINUTES - June 9, 1992 2. The project as proposed and re-conditioned is consistent with the Goals, Policies, and Objectives of the General Plan. CONDITIONS 1. Extension of time for Tentative Parcel Map No. 24500 shall expire twelve months from City Council approval date unless an additional extension is granted in accordance to the California Subdivision Map Act and Title 16 of the Municipal Code. 2. The Final Map shall be prepared by a registered Civil Engineer or a licensed Land surveyor and shall be subject to all the requirements of the California Subdivision Map Act, Lake Elsinore Title 16 unless modified by the Conditions of Approval. 3. Easements required for roadways, drainage facilities, utilities, etc., shall be shown on the final map within the land division boundary. 4. Comply with all the Conditions of the Riverside County Fire Department. 5. Applicant shall meet all the requirements of the Elsinore Valley Municipal Water District (E.V.M.W.D.). 6. Applicant shall meet all the requirements of the Southern California Edison Company. 7. Applicant shall meet all the requirements of the Southern California Gas Company. 8. Applicant shall meet all the requirements of the General Telephone Company. 9. The development of this 1ot division shall comply with the development standards of the R-1 Zone (Single Family Residential) and requires separate "Design Review" approval. 10. The applicant shall sign and complete an "Acknowledge of Conditions" and shall return the executed original to the Planning Division. 11. When applicable, those Conditions of Approval established by the Riverside County Planning Department and approved by the County Board of Supervisors shall be met. Provide proof of those conditions that have already been met prior to final recordation. Engineering: 12. Applicant shall pay their fair share for improvements installed by the West Elsinore Community Facilities District (CFD 88-3) which this map will receive benefits. The applicant's share shall be determined by the benefit area map prepared by the assessment engineer, Keith Engineering Company. 13. If grading exceeds 50 cubic yards, grading plans shall be prepared by a Civil.';Engineer and approved prior to final map approval:' Prior to any grading, the applicant shall obtain a grading permit and post appropriate security. 14. Al1 improvement plans and tract maps shall be digitized. At Certificate of Occupanoy applicant shall submit tapes and/or discs which are compatible with City~s ARC Info/GIS or developer to pay $1,000 PAGE NINE - CITY COUNCIL MINUTES - June 9, 1992 per sheet for City Digitizing. 15. Annexation to the City's Landscaping and Lighting District is required prior to approval of a final parcel map. 54. Cottonwood Hills Assessment District. (F:22.3) City Manager Molendyk explained that previously, Pardee Construction Company advanced the funds for improvement of Railroad Canyon Road. He also explained that a benefit Assessment District was established for the purpose of recovering a portion of the cost from benefited property owners. Mr. Molendyk stated that the road cost approximately fifteen million dollars, nine million dollars was the responsibility of Pardee and six million dollars to be returned to the Benefit Assessment District. Pardee has submitted a request to form a 1913/1915 Act Assessment District to recover its share of the cost. Pardee has requested that the debt to fund the Assessment District be issued outside the auspices of the Lake Elsinore Public Finance Authority. Mr. Molendyk clarified that such an issue would be in direct contradiction of established City/Redevelopment Agency/Public Finance Authority policy. This action would be contrary to Section 10.5 of the Development Agreement entered into between the City and Pardee, on July 9, 1990. Mr. Molendyk stated that it is the recommendation of staff that the City Council approve proceedings with an Assessment District provided it is done within existing policy requiring all local underlying financings to be processed through the Public Finance Authority. City Attorney Harper explained that there are a number of development agreements outstanding which have language similar to the Pardee Agreement, allowing for the processing of Assessment Districts or Community Facilities Districts through the Marks-Roose pool only if thats what we require of all developers. Mr. Harper stated that Council may want to review the policy but, deviation in the case of Pardee, has the potential of having impact on other development agreements. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE PROCEEDINGS WITH AN ASSESSMENT DISTRICT FOR COTTONWOOD HILLS (PARDEE CONSTRUCTION COMPANY) PROVIDED IT IS DONE!WITHIN EXISTING POLICY REQUIRING ALL LOCAL UNDERLYING FINANCINGS TO BE PROCESSED THROUGH THE PUBLIC FINANCING AUTHORITY. 55. Trash Management Contract = CR & R Inc. (F:68.1)(X:163.1) City Manager Molendyk explained that Rodriguez Disposal Inc. is selling his trash hauling business to CR & R Inc., which requires the City to transfer his contract. Presentations have been made by representatives of CR & R and reviewed by City Council at a special workshop and some of the Council met with CR & R to addressspecial concerns. Mr. Molendyk further stated that at the last City Council meeting, on May 26, 1992, the Council was asked to approve the transfer and expansion of the contract. However, several additional clarifications and changes to the contract were requested, and approval was postponed. Mr. Molendyk explained that if City Council was satisfied, staff recommends approval of the revised contract for trash pickup, disposal, recycling and street sweeping with CR & R Inc., to become effective on July 1, 1992, would be appropriate. PAGE TEN - CITY COUNCIL MINUTES - June .9, 1992 Councilwoman Cherveny stated that she had reviewed the amended contract and still had a few comments and questions which were as follows: Page 5. This item still reads ~~shall provide up to ten (l0) 40 Cubic Yard roll-off bins at locations determined by the City". The request was that this item be tied to the population growth. Mr. David Fahrion, Vice President of CR & R Inc., stated that this should read "and one container per every four thousand population increase~~ . Page 8. (7) Additional sweeping services requested by City...Consideration given to the two parades given by the City each year at no additional cost. Mr. David Fahrion stated that there was no problem with adding that in. Page 9. (5) A more positive logo on the bins such as "Lets keep Lake Elsinore beautiful". The trucks with the anti-drug logo is fine. Mr. Fahrion stated that whatever appeared on the bins would be up to the City. (7dj to read: Other City owned or operated facilities. Page 25. (I) Add "Municipal Code and set by Resolution No. 91-92..." Councilwoman Cherveny then read some questions she received which are as follows: 1. What go in the three trash cans? The BLUE container will be for glass containers, aluminum or tin cans, newspapers, cardboard, junk mail. phone books, waste paper, PET plastic (soda bottles), HDPE plastic (milk jugs, Tide and Cheer bottles), other medals, cartons, cereal boxes, shoe boxes, film and plastic. The GREEN container is for grass clippings, tree trimmings, leaves,twigs, weeds, pallets, lumber and manure. The BLACK container is used for refuse and all other solid waste. 2. In January when the cost goes up to $12.82 will they have to take all three barrel's since they already do their own recycling. Mr. Fahrion stated that in the brochures which will go to all the customers it states that the company encourages recycling efforts. Councilwoman Cherveny asked if the customer will have to take all three bins. Mr. Fahrion stated that the customer does not need to take all three barrels, but it will not alter the cost as it is a system cost. Councilwoman Cherveny asked if residents could substitute one barrel for another. Mr. Fahrion stated that additional barrels can be provided or the customer can contact them and the company can try to work something out individually. PAGE ELEVEN - CITY COUNCIL MINUTES - June 9, 1992 3. Councilwoman Cherveny questioned the $5.00 for an extra trash can. Mr. Fahrion stated that the amount is figured in man hours and equipment time. He further stated that he thought that this was a fair amount. Councilwoman Cherveny then asked if the Company would entertain contributing back to the community in some way. Mr. Fahrion stated that his company tries very hard to work within the community and i£ the additional services which are in the contract are examined you will notice that these items are not provided for the City at this time. He stated that he felt that this was one form of contribution. He further stated that they are always open for requests from the Chamber of Commerce, Little League and that type of organization and that they participate as much as their budget will allow them to. Councilwoman Cherveny asked if he would be interested in making a commitment within the contract. She suggested a portion of the 4th of July celebration. Mr. Fahrion stated that the rates set in this contract are based on the services the company is providing and those rates were figured on the lowest possible amount charged for the greatest amount of service. The peres were not figured into the cost of the contract because those fees would have to be passed on to the customer. He further stated that the contract was set up to give good service and still get the City to its AB 939 goals. He further stressed the commitment and guarantees given by his company'were the best they could oPfer. Mayor Washburn asked Public Services Director Tecca if the City would be receiving a quarterly or monthly report in regard to the AB 939 to see if the City is meeting its goals. Public Services Director Tecca stated that it would be monthly. Mayor Washburn!asked if a community were to have a recycling event would give credit to the City. Mr. Fahrion stated that private recycling centers report on what city the product comes from and how much it is. Public Services Director Tecca stated that one of the things that the City is doing is recycling all of the asphalt that is torn up off the streets. He further explained that this material used to be hauled to a dump site and disposed of in that manner and now is recycled which is now a'requirement in our contracts. Mr. Tecca explained that the City sets reports for diversion credit on the many tons of asphalt that are recycled. Mayor Washburn asked if Mr. Tecca was comfortable with the items listed on the cover sheet of the report. Mr. Tecca advised that he concurred. Councilman Dominguez questioned the Franchise fee tie to the gross income in Section XI of the Staff Report and asked how the fees would be assessed. Mr. Fahrion explained that the landfill fee is a pass through and that the fee is collected by them and passed through to the County Landfill. He further explained that company does not reap any of the benefits from the fee. Councilman Dominguez asked what kind of fee the City should expect. PAGE TWELVE - CITY COUNCIL MINUTES - June 9, 1992 Public Services Director Tecca explained that as waste is diverted away from the landfill the landfill fees will go down and there will be a bigger differential between the landfill fees and the qross income that CR & R takes in, so the profit to the City will go up. He further explained that the more successful CR & R is in diverting waste trie more money the City will get. Councilman Dominguez questioned the performance bond issue and asked why this was not included. Mr. Fahrion stated that his company did an analysis on Performance Bonds and in their interpretation it is much better for the City to let the contract stand. He further explained that it is to the benefit of the City to use liquidated damages because if the City feels that his company is not doing their job, they can take action immediately with a performance bond the bonding company must be petitioned and they decide if CR & R is at fault, if the company,is found at fault then they issue the money to the City. Mr. Fahrion further explained that with liquidated damages the City has access to the two $20,000 retentions which are in a letter of credit form or a cash bond,which the City can control. Mayor Washburn asked the opinion of the City Attorney. City Attorney Harper explained that a performance bond is unusual in regard to a trash hauler because the circumstances the bond company is required to pay out are difficult to prove. A performance bond is more typically for construction of public improvements where you can see that the project is done in a manner which meets the City~s standards. He further explained that whether a trash hauler picks up trash without too many customer complaints or whether he provides a service of the quality that the City expects is a lot less tangible. Mr. Harper explained that he has never seen a performance bond on a trash hauler because for the bond company it is difficult to assess the risk and provide the bond. He further explained that as long as the City retains the mechanism in the body of the contract which would provide that in the event of inadequate performance or default the City can do something to the hauler, then the City is covered. Councilman Dominguez stated that he didn't have a problem with liquidated damages and furtrier asked if the employees go with the contract. Mr. Fahrion stated that they do. Councilman Dominguez stated that he is in favor of tax bill collection through the property tax and he further encouraged the company to sponsor community events. He suggested that they could consider the 4th of July events. City Attorney Harper stated if Council wished CR & R to include contributions in their contract they should state a dollar figure. Mr. Fahrion explained that the contract is for his company~s performance and the job that they do. He further stated that he couldn't see how it could be tied to sponsoring an event and that CR & R does try to sponsor events within the Cities"they operate as much as possible but the contract is for services they provide at the best possible price. Councilman Alongi stated that because of the long term contract, he would like to see something in the contract PAGE THIRTEEN - CITY COUNCIL MINUT~S - June 9, 1992 that CR & R would sweep after every special event. He further stated that he felt this type of contract warranted this, Mr. Alongi then asked the City Manager for the dollar figure for the 4th of July. City Manager Molendyk explained that there were several aspects to the 4th of July celebrations. He explained that the car show, entertainment, fireworks and promotion are different parts. He further stated that possibility CR & R could meet with the City annually to potentially budget their participation. Councilman Alongi stated that he would like to see street sweeping after every City sponsored event added to the contract along with the two parades. Micha~l James of Alamo Market and Alamo Recycling Center, 217 North Main Street stated that they are in their fifth year of business and are one of Californians highest volume,buy back recycling centers. He further stated that they have contributed to nearly $1,000,000 going back into the community. Mr. James explained the impact the franchise would have on the growth of his business. Ae quoted a recent San Bernardino Court decision regarding the fact that cities do not have the right to franchise trash haulers. Mayor Washburn asked if Mr. James concern is that his recycling business would be damaged. Mr. James stated that in fact this program would increase his business due to education, but would in fact limit the growth of his business. City Attorney Harper explained that the decision regardinq the San Bernardino Court is still in the preliminary stage and will be going through appeals. He further explained that this doesn't mean Council shouldn't consider their opinion, but at this time he felt that Council could grant the franchise. Mr. Harper stated that one of the findings of the court is that the materials that'are collected are the property of the homeowners until they are placed in the barrels. Therefore the owners can recycle as they see fit which he felt CR & R did not have a problem with. Mr. James stated that Industrial recycling is his concern. City Attorney Harper explained that in the court decision AB 939 was not addressed and one of the advantages of this contract is that compliance is guaranteed. Councilman Alongi questioned CR & R in regard to customer recycling and the cost of pick up. He asked if the recycling enters into the cost of collecting the trash. Mr. Fahrion explained that the recycleables collected off sets the fees collected. This enabled their company to offer a lower price. Councilman Alongi asked that if a household decided to recycle, could a reduction in their fee occur. Mr. Fahrion stated it would not, because their collection is based on a system cost for the entire system. He further explained that the system is still provided whether they stop or not and the company is trying to address the 90~ who do not go to recycling centers. He added that this helps to aid the City in being in compliance with AB 939 and CR & R does encourage the public to use recycling oenters. PAGE FOURTEEN - CITY;COUNCIL MINUTES - June 9, 1992 Councilman Alongi asked Mr. James if this met his concerns. Mr. James advised that it did not. Mayor Washburn,explained that anyone in the community can recycle at his!center under this oontract and as he sees it, it would not prohibit Mr. James from.having other locations. Mr. James explained that the franchise would prohibit him form going somewhere to collect recycleables. He can accept items at his business, but could not go to an industrial area to collect. Mayor Washburn asked the City Attorney if this is correct. City Attorney Harper confirmed. Councilwoman Cherveny asked if Alamo Recycling Center had been doing this. Mr. James stated that they had been in the City of Temecula. Mayor Washburn asked if their pick-up was items such as refrigerators and that type of item. Mr. James stated that the items they picked up were cardboard and that type of thing. City Attorney Harper stated that this contract is basically the same service provided by Rodriguez Disposal Company. City Manager Molendyk explained that street sweeping would occur two time a month, and asked if CR & R could sweep the day after trash collection so that the city could accommodate the people who commute to work and allow the City to retain its signs. Mr. Fahrion stated that they had no problem in doing that. Councilwoman Cherveny addressed the property on Silver Street that the Redevelopment Agency had purchased and wished the letter submitted by CR & R to be made part of the contract. City Attorney Harper read the letter. Councilwoman Cherveny asked if CR & R would make a commitment to meet with the City on an annual basis to discuss contributions to the City. Mr. Fahrion stated that he would be glad to. He further explained that he had done the research on the fish kill and that they are compostable, but it is not under the permit at the current composting facility in Riverside County. Councilwoman Cherveny thanked CR & R for all their time and effort. MOVED BY DOMINGUEZ, SECONDED BY ALONGI AND CARRIED BY UNANIMOUS VOTE TO APPROVE THE REVISED CONTRACT FOR TRASH PICKUP, DISPOSAL, RECYCLING AND STREET SWEEPING WITH CR & R INC., TO BECOME EFFECTIVE ON JULY 1, 1992 WITH THE FOLLOWING REVISIONS ADDED: Page 5. (C1.) At'its expense, twice per year, at those times requested by City, Grantee shall provide up to ten {10) 40 Cubic yard roll-off binds and one (1) container,per every four thousand population increase at locations determined by City as part of any clean up campaign and shall dispose of such items at the appropriate facility. City shall not be required to pay landfill costs. Page 8. (K7) Additional sweeping services requested by the City that are above and beyond that which is described above, Grantee shall be paid by the City at a rate of $65.00 per hour, with the exception of two (2) City Parades and City Sponsored Special Events which will be provided for free of charge. PAGE FIFTEEN - CITY COUNCIL MINUTES - June 9, 1992 Page 9. (L5) Grantee shall include Lake Elsinore within its anti-drug campaign. All vehicles shall display an anti-drug logo, with the logo on the bins to be determined by the City, which has been mutually approved by Grantee and City as to design and location. Page 9. (L7d.) Other City owned or operated facilities. Page 25. (I) Compliance with Franchise Ordinance. Grantee shall comply with those provisions of the Lake Elsinore Municipal Code and Resolution 91-92 which are applicable, which is incorporated herein and with any and all amendments to such applicable provisions during the term of this Franchise Agreement. Items to be added: Commitment to meet with City on an annual basis to discuss contributions to City of Lake Elsinore. Letter from CR & R Inc, regarding property on Silver Street to be made part of the contract. 56. Citv Council Meetina Location (F:44.1) City Manager Molendyk explained that Councilwoman Cherveny was contacted by the Boardmembers of the Lake Elsinore Valley Municipal Water District with an offer to allow the City to use the new chambers at the new District building for City Council and Planning Commission meetings. He further explained that a letter was sent to the City Manager's office from Assistant General Manaqer Hoagland regarding scheduling. Staff requested direction from the City Council in regard to this matter. Councilwoman Cherveny explained that she had toured the facility, which was built with publio funds and in her opinion it is a very professional facility, contains adequate seating and has the latest in technology including an electronic vote board. She further explained that it would help to bridge the gap between the District and City which has occurred over the past few years. She stated that the facility would be free of charge and would give the City the opportunity to help utilize the facility. Councilman Dominguez stated that he is concerned with not being in a City owned facility. He explained that if the meetings are to be moved, it should be into a City owned facility such as the Community Center or the old church building the City now owns. Councilman Alongi explained that he had the opportunity to visit the facility several times and stressed that it is a public building paid for with tax dollars and the facility is very professional; which is the image the City is working for. He further stated that as the City does not have a proper Council Chamber he feels that the facility should be utilized to its full potential even if it is only temporary. Councilman Dominguez brought up a conflict with the Planning Commission meetings twice a year and restated that he felt meetings should be in a City owned facility. Councilman Winkler stated that he would not mind moving if all the meetings could be accommodated, however, iP there is a conflict he would prefer to remain at the PAGE SIXTEEN - CITY COUNCIL MINUTES - June 9, 1992 to see the item continued for two weeks for further clarification. Councilman Alongi asked if the move could be approved, provided there is no conflict or the conflict can be resolved. He 'stated that to continue the item would be a waste of Council's time. Councilwoman Cherveny clarified the language regarding the meeting dates in the letter from Elsinore Valley Municipal Water District. Mayor Washburn stated that he had had several discussions with different Members of the Board of the District regarding this and other matters and had sent a letter requesting a Joint Study Session. He further stated that he felt it would be more appropriate to defer this decision until such time as both boards could meet. Councilman Alongi questioned what would be accomplished by having a Joint Study Session and further stated that a meeting would be a waste of time. Councilman Dominguez advised that one of the EVMwD Boardmembers didn't care if Council met in their board room or not, so he felt there would be no hard feelings. Councilwoman Cherveny suggested that in the board room at EVMWD there is more than adequate seating and no one would be left standing. Councilman Dominguez reaffirmed that the Community Center would also have adequate seating. MOVED BY DOMINGUEZ,'SECONDED BY WASHBURN AND FAILED TO CARRY BY A 3 TO 2 WITH ALONGI, CHERVENY AND WINKLER CASTING THE DISSENTING VOTE,TO DISREGARD THE OFFER TO USE THE BOARD ROOM AT THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT FOR COUNCIL AND PLANNING COMMISSION MEETING. MOVED BY WINKLER, SECONDED BY CHERVENY AND CARRIED BY A VOTE OF 3 TO 2 WITH DOMINGUEZ AND WASHBURN CASTING THE DISSENTING VOTES, TO CONTINUE THE SELECTION OF A CITY COUNCIL AND PLANNING COMMISSION MEETING LOCATION FOR TWO WEEKS. PUBLIC COMMENTS _ NON-AGENDIZED ITEMS Warren Alstatt, 35065 Eldorado Rd., Chairman of the Lake Elsinore Frontier Days Rodeo, Inc. addressed Council regarding his organization's plans for major western entertainment events. He informed Council of an upcoming event planned for August 1, which will be a Bar-B-Que and Dance and asked the City Council to assist their organization in acquiring a location for the PRCA Sanctioned Rodeo. Mayor Washburn explained that he did receive a letter of request and submitted it to the,Lake Elsinore Chamber of Commerce for consideration since they have the existing rodeo grounds. Frank Robie Jr., 454 N. Kellogg St., stated his concerns in regard to Senior Citizen programs, the leash law not being enforced, law enforcement in general and the condition of the Lake. Rick 2wiefel, Antique Emporium, 101 South Main Street, stated his displeasure with Councilman Dominguez. Alan Baldwin, 16496 Lash explained his opposition to the ongoing Recall effort and further explained the expense and the damage that it will do to the development and business in this community. PAGE SEVENTEEN - CITY COUNCIL MINUTES - June 9, 1992 A1 Ewing, 114 1/2 N Poe, a sepresentative of CLEAN the organization supporting the recall, expressed His opinion of the current City Council and the condition of the Lake. Mr. Peter Dawson, Southshore Homeowners Association, 18010 Grand Avenue, stated that they had not received a statement of intent from the City regarding launching for property owners. He further stated that they wish the same consideration as the people who are doing the Eastlake Plan to be presented. CITY MANAGER COMMENTS City Manager Molendyk reminded the Council and public of the up coming 4th of July celebration which will feature Joe Diffie and Highway 101 followed by fireworks. Mr. Molendyk then pointed out the Community Services brochure for Parks and Recreation.and reminded the public that inside the brochure is the City of Lake Elsinore/Redevelopment Agency Newsletter which gives an update on all the improvement projects on going as well as what is happening in the City and encouraged everyone to read it. CITY COUNCIL COMMENTS Mayor Washburn addressed the lake problems and explained City Council and Elsinore Valley Municipal Water District's concerns and investments. He further stated that the outflow channel is scheduled for completion inDecember, 1994. He encouraged the public, during this time of transition, retain a positive attitude and encourage the press to give more attention to the positive. Mayor Washburn stressed Council's concerns with the residents of the City, and all the persons who live in the surrounding areas, Mayor Washburn also told of the Young Authors Conference and thanked Justin Davis for his book regarding the Lake and Elsie. Councilman Winkler congratulated the Lake Elsinore Little League for hosting the Regional Finals. He advised that staff will be receiving a Request for a Waiver of Fees for an event at Yarborough Park from the Black Arts Cultural Club and he asked that it be placed on the next agenda. Councilman Alongi reported on his Ride Along experience with a Sheriff's Officer. 'He commented on the excellent quality of Law Enforcement and reminded the public that they sh.ould call only when necessary. He also commented on the Rodeo and stated that all the'persons involved should put aside their differences and try to work together to retain the PRCA Sanctioned Rodeo. Mr. Alongi explained to the public that the Lake is a complicated problem with several different agencies involved, but that the water and its smell still belong to the State of California and he sugqested that the citizens write to their Assemblyman to get something done. He suggested that Council look to doi~g something regarding rent control for Mobile Home Parks within the City. Councilman Alongi commended staff for solvinq a grading problem, but would like to see this issue better addressed. He addressed the issue of recall and stated that regardless of whether he disagreed with -~ the members of Council he still respects them as , representatives of this community and he does not appreciate hearing them insulted and called names. He further stated that the recall itself is bad for the community both for development and business. He also stated that he realizes that it is part of our democracy but should be done for responsible reasons. He encouraged the staff to develop an ordinance for special size animals. Councilman Dominguez complimented staff on behalf of the public regarding traffic circulation at Railroad Canyon Road and the signalization at Railroad Canyon Road and I-15. PAGE EIGHTEEN - CITY COUNCIL MINUTES - June 9, 1992 Councilman Alongi added that he had a request from the public regarding Grand Avenue noise factor and suggested that a sound barrier is needed. Mayor Washburn stated that he would pass this item along to Engineering Department. THE CITY COUNCIL MEETING WAS RECESSED AT 9:26 P.M. THE CITIY COIINCIL MEETING RECONVENED AT 10:29 P.M. CLOSED SESSION THE CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:29 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 CHERVENY AND CARRIED BY UNANIMOUS VOTE TO ADJOURN THE REGULAR CITY COUNCIL MEETING AT 11:14 P.M. ~ ~ ~ ~d~V- ~ GARY . WASHBURN, MAYOR CITY LAKE ELSINORE R ectfully b i~~~~~ ~~~-Z-~ . ~ i ADRIA L. BRYNING, DEP~ CLERK A TEST: n ~ ~ ~ ` ~~~',"~"'.-1 VICKI L. KASAD, CITY CLERK