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HomeMy WebLinkAbout07-09-1996 Special City Council MinutesPAGE TWO - SPECrAL MEETING D~IINUTES - JULY 2,1996 ~ 6. Prepared a new concept site ptan for 12 acre retail site across from the Stadium (the old "Sports Town" site) to be used in presentations to interested ' retail parties. ~ ~ 7. Continue to meet with potential "Regional Tourism" opportunities. ECB is also pleased to announce that Eastlake Community Builders, LLC has been `~~' formed and successfully infused with the adequate capital needed to complete the l initial phase of pre-development we are currently funding. We hope to be under construction by summer of 1997 with some very exciting uses that the City of Lake Elsinore and the community will be proud of. We will be contacting you in the next couple weelzs to schedule a complete presentation of our new plan for early September to the City Council. With no further comment the Council moved on to the neart item. b. Code Enforcement. (F:54.1) City Manager Molendyk noted a Councilmember request for discussion of Code Enforcement, as well as a method of assessing charges for violations. He noted new legislation which allows for recovery of costs following initial notice. City Attorney Harper noted the process for traf£ic citations approved appro~mately two years ago. He explained the collection method through the D.M. V. vs. the collection process for nuisance abatement. He explained that this allows issuance of an administrative citation for violations of the sign ordinance or other things which are not amenable to the abatement process. Ae further explained that it allows staffto issue the citation and allows for appeal to the City Manager or designee: He explained that through this process it is possible to assess an administrative fine for misdemeanors or felonies in an amount less than $1,000. He noted that it is intended to get the attention of those who would not routinely respond to other processes. He explained that the only caveat is that the person cited may appeal to the Municipal Court and back into the previous process. He commented that collection through this ordinance allows for any means legally available for collection. He noted that the Statute was not cleaz with regard to collection, but there are adequate options auailable. Community Development Director Leslie indicated that another way tried to get compliance is through the Nuisance Abatement Hearing process with 10 days to correct the probiem and abate the nuisance through an area contractor, with a lien against the property. He commented that this process required money on the part of the City to fund the work up front and the money has not been there for use; and this is an attempt to encourage compliance under the threat of fine as a first step rather than cleaning it up with our contractors. Code Enforcement Officer Gordon noted the small nuisance violation complaints received which take a lot of time to address; which are not conducive to nuisance abatement hearing process. She indicated that with an administrative citation process, staff could be more effective in gaining compliance on smaller issues. City Attorney Harper noted the requirements for court filings under the current process. COUNCILMAN METZE ARRIVED AT 9:16 A.M. Mayor Pro Tem Kelley noted her ride along with Code Enforcement and the citations being issued for the same types of things at different addresses. She commented that the cunent process has no teeth; and noted one seven year case regarding a business license. PAGE THREE - SPECIAL MEETING MINUTES - JULY 2, 1996 Councilman Alongi questioned the difference between nuisance abatement and the D.M. V. process. City Attorney Harper clarifiedthe two processes and noted that this process was similar to the criminal process. Councilman Alongi suggested that this be used against people doing criminal offenses. City Attorney Harper clari&ed that every violation of the Municipal Code is a criminal offense. Councilman Alongi questioned a situation of car on the lawn, and which process would be used to address it. City Attorney Harper indicated that the administrative citation process would be used vs. a dilapidated building which needs to be abated. He clarified that the difference is really a function of magnitude and permanency of the nuisance; and will well work for easily corrected issues which are not of a permanent nature. Mayor Pape suggested that this is a measured response to a situation. Councilman Alongi indicated that he does not understand the relationship between the nuisance process and this process. City Attorney Harper clarified further, and stressed the immediate nature of this type of process, without going through the court system; and noted the parallels between the abatement process and criminal citations. Councilman Alongi stressed the need for an opportunity to correct the problem prior to citation. He inquired whether a warning would be issued prior to a citation. City Attorney Harper clarified the process further, and detailed the fines for subsequent violations. Councilman Alongi inquired what would happen if the fines was not paid; and questioned the money savings with this process for those who don't pay. Mr. Harper indicated that the nuisance abatement process takes more time and is more expensive; and explained that staff is hoping the administrative process will encourage people to abate their own nuisances. Mayor Pro Tem Kelley commented that this process is encouraging, because it can address a small issues such as trash in the yard; and bypass the waiting and follow-up efforts. She stressed the amount of staff time spent on multiple return trips. City Attorney Harper explained that the current process issues a citation which starts the court process, which is a cost to the City with little overall accomplishment. He noted that due to the cumbersome nature of this process it has all but been abandoned; and this ordinance would replace that cumbersome process. He noted that the misdemeanor citation will hopefully encourage compliance based on the immediate citation and fine. Councilman Alongi inquired whether this process would allow for due process. City Attorney Harper clarified that it would be an in house appeal process. Mr. Alongi noted that staffis still going out to deternune whether compliance has occurred. He indicated that he would see this as a tool for abating houses, but don't see this process being effective for nuisance abatement. 1vlr. Harper indicated that the smaller issues are not worth the time and effort for the results, while this process accomplishes abatement of violations of the Municipal Code; and hopefully cause people to abate the concerns. Councilman Alongi questioned whether this would mean abandoning the abatement process. Mr. Harper indicated that was not the intent, but this would hopefully be the first step for all of the violations. Mayor Pape stressed that it is another tool to assist staff. Councilman Alongi commented that some people won't respond to anything, but expressed concern that those who don't have time to get to the abatement would be penalized. Mr. Harper stressed that it would only relate to defined code violations. City Manager Molendyk clarified further that this would provide a tool for addressing minor issues more quickly. City Attorney Harper suggested in the example of no business license, it would not be subject to nuisance abatement and this ordinance could address it. Councilman Alongi questioned the purpose ofthis ordinance further, with regard to no business license, and when the process will stop. He stressed the number of businesses operating without a license. Council discussion ensued. Councilman Alongi indicated that it was wrong to use this as a basis for raising revenue. Mayor Pro Tem Kelley clarified that this is an attempt to assist the one and PAGE FOUR - SPECIAL MEETING NIINUTES - JULY 2,1996 one half people in code enforcement issue citations with teeth in them. She noted that most people will respond to the monetary rariufications and clean up the nuisance. CounciLnan Alongi indicated that he has no problem with the ordinance, but a problem with administering the ordinance. He also indicated that he has a problem with enforcement and how and when it is used. City Attorney Harper clarified that nothing is currently done about trash banels left on the street, because it is not subject to the nuisance abatement process actions. Councilman Alongi questioned the impact azound the lake, including the County side. Mr. Harper indicated thatit would allow for enforcement on the City side. Mr. Molendyk noted that if a leaky septic tank or other issue of that type arises; staff can require correction, and if not corrected, issue a citation. Council discussed examples and possibilities for use of the ordinance. Mayor Pape noted that 95% of the people will not be affected by this ordinance. Councilwoman Brinley concurred and noted that most people would take care of the nuisance with such a notice. Councilman Alongi inquired whethec all hearings would be eliminated. Mr. Harper clarified that the nuisance abatement process will continue to e~st with the hearing process. Mayor Pape noted the similarity of this process to a traffic violation. Councilman Alongi indicated that he understands the ordinance, but questioned how the decision would be made to use nuisance abatement. Mr. Aarper clarified that when this process does not work, the nuisance abatement process would follow. He reiterated that they are two parallel processes. Mr. Molendyk stressed that these aze two tools to work with; and will be partially subject to the judgement of the Code Enforcement Officer as to which will be quickest and most effective. Mayor Pro Tem Kelley inquired whether staff felt this would be a usable tool.. Code Enforcement Officer Gordon clarified the benefit of this process as a tool for staff; and stressed that it is an immediate response to a violation. She also noted that there is a requirement for notification prior to the issuance of a citation. Mrs. Kelley noted the house on Mill Street which they observed on her ride along. Mr. Alongi noted that property is in violation of a City ordinance with a fence in the front yard; and suggested the City needs to cite for all of the things that are wrong. He reiterated that he has no problem with the ordinance, but is concerned with when the choice is made between the processes. Ae questioned which process would be used to deal with barking dogs. Mr. Harper indicated that the Administrative Citation would theoretically address it. Mr. Alongi requested that the appeal be allowed to go to the Council. Mayor Pape noted that it goes to the court system. Mr. Harper indicated that there is nothing unlawful about making the Council the appellate body, but indicated he was not sure the Council would want to do that. Mrs. Brinley expressed concern that change would make the process a political tool. Mr. Harper noted that this would delay the proposed process; and stressed that it would take away the immediacy of solving a problem. Mrs. Brinley stressed that the Council should let the Court handle it. Councilman Alongi indicated this is the wrong approach as removes the right to an appeal before the Council. Mrs. Brinley indicated that it there is a violation, it should be solved by the Court. Mr. Alongi noted situations where the appeal has changed the situation. Eactensive Council discussion ensued. Mr. Harper clarified the process further, and noted that nothing prevents people from approaching the Council if such a concern arises. Mr. Alongi indicated that he has no problem with the ordinance. Community Development Director Leslie noted that he understood that it was Council's desire to discuss code enforcement and reoccurring issues such as signs & banners. City Manager Molendyk noted the ne~ct item regarding temporary signs & banners. Mr. Leslie highlighted the staff report, and noted issues which are heard from merchants. He questioned the desire of Council with regard to tiaung and requirements for temporary banners, noting the time factor In the e3cisting code. He indicated that PAGE P'IVE - SPECLAL MEETING MINUTES - NLY 2, 1996 _ staff is looking for direction as to whether to get tougher, more lenient, etc. Mr. Molendyk further noted the concerns for business exposure in the current economic times. ~ Councilwoman Brinley noted the past Planning Commission discussions of this issue, and expressed belief that 30 days was adequate for advertising. She noted one situation, with a grand opening banner for nearly a year. She explained the concerns of the Planning Commission for a time element limitation. She reiterated that 30 days is good and indicated that we need to start enforcing it. She noted a business with constant banners and pennants, and indicated that it looks terrible at an entry to the City. Councilman Alongi questioned why the ordinance is not being enforced. Councilwoman Brinley stressed the need to enforce the ordinance, and noted locations with banners. Councilman Alongi questioned what type of direction was needed. Mr. Leslie noted that the enforcementties back into the proposed administrative citation process, and detailed the process used to date. He noted that this process is much quicker and less costly with five day notice and citation for non-compliance. Mr. Alongi noted the need for a limitation on the number of banners per year, and indicated that they can't have one every month. He noted that another nuisance to him, beyond the banners, is the use of a whole window to put a price on it, and stressed the need for unifornuty and consistency with regard to enforcement. Councilman Metze indicated that situations with colors and other factors are different downtown. There was general discussion of the dift'erences in standazds between the downtown and the balance of the community. , Councilwoman Brinley stressed the need to address the issues consistently, and indicated that this would give the tool to address the problem. She stressed that this is an ongoing issue which will be solved, and stressed that all need to play by the same rules. Council further discussed appropriate number of times per year for temporary signage pernuts, visibility limitations by signage, enforcement and fees for pemuts. Mr. Leslie noted that the staffis looking at changes within the sign code and suggested that any revisions suggested at this meeting could be incorporated into the new ordinance. He further noted that this will include some discussion of flags and banners for residential developments as well. He indicated that the proposed changes would be presented to the Planning Commission and ultimately return to Council for consideration. c. Lakeshore Standards. (F:172.2)(X:92.1) City Manager Molendyk explained the Lakeshore Overlay Ordinance adopted in approximately 1985 to discourage improper use of the land around the Lake. He explained that short term camping was pernvssible, but there have been problems with fencing of those properties. He noted that this discussion was requested because there is now a person with a dock, who wants to make it a more permanent facility by running electricity to it. He fucther noted that there are also concerns with the increased utilization of a healthier lake. Mr. Leslie noted that it has been a policy not to allow for electrical service, due to the potentiai for long term camping. He further noted that there are concerns for storage of items on the property in the absence of the property owner. Councilwoman Brinley inquired whether there is presently a time limit for camping. Mr. Leslie indicated that there is no time limit. Mrs. Brinley suggested that the ordinance should include a time limit. Mr. Leslie indicated that staff is ready to work up regulations for Council and prepare to allow for electrical service on site. He indicated that the intent would be to address time limits, fencing, sanitation and on-site storage. Mrs. Brinley suggested taking this ordinance to the Planning Commission to be worked out as well. She noted that there was a bonfire over the weekend and stressed the hazard and the need to address regulations. City Manager Molendyk also noted that changes are appropriate PAGE SIX - SPECLAL MEETING MINUTES - JiTLY 2,1996 now that the City owns the Lake, as it did not in the past. Councilman Alongi expressed concern that temporary electricity will invite a Tijuana shanty town situation. He indicated that if pernutted at all, electricity should not be allowed below the 1265' elevation. City Attorney Harper concurred that the ordinance would need to address the safety factors. Councilman Alongi reiterated that nothing should be allowed below 1265'. He further indicated that if they want to do temporary camping, they need to have a holding tank, or be cited; and stressed that we need to be careful if we allow a private owner to use the property for camping or whatever. He concurred that this issue needs to be addressed consistently, with whatever is allowed. Mayor Pro Tem Kelley questioned regulations restricting camping within a distance of the Lake. Mr. Leslie noted that the concerns expressed at this meeting, are some that staff would like to address and develop regulations for; such as how close to the Lake someone can camp, allowances for electrical hook-ups, etc. Council consensus was that electrical hook-ups should not be allowed. Mr. Leslie further questioned the ordinance which allows camping by permit on properties fronting the Lake; and noted that there is no such ordinance for any other area in the City. He inquired whether camping on private property should only be allowed along the lakeshore. Councilwoman Brinley noted a situation on Lakeshore Drive last summer, from 7uly to September, and stressed thelimitations needed. Mr. Leslie noted that the variations along the Lake may be different in that many of the lake properties can not be built on, as you could in other areas of the City. Councilman Alongi indicated that it is not a concern whether they can build, but noted major violations are occurring along the Lake. He expressed concern for the health requirements. City Manager Molendyk commented on enforcement and the allowance for the Police Department to address the violations; and noted that the more allowances, the more complicated the enforcement becomes. City Manager Harper noted that a permit could be required for camping. Mayor Pape suggested that there be very strict guidelines and a time limit for camping. He stressed the need to eliminate living there on a semi-permanent or permanent basis. Mayor Pape noted that a permit system would allow for officers to assist with enforcement. Mayor Pro Tem Kelley stressed that we should be consistent with no camping along the Lake for safety and sanitary reasons. Councilman Alongi indicated that if people own the property the should not be prevented from using it; but he concurred that the user of the property should be only the owner. He aiso concurred that it would be appropriate to place restrictions which are enforceable with regard to camping; particularly with regard to preventing storage and requiring appropriate clean up. Council consensus was to only aliow for use by the property owner. City Manager Molendyk suggested looking at what other lakes allow. Council discussion ensued with regard to camping on private property. City Attorney Harper clarified that neither Arrowhead or Big Bear Lakes are publicly owned property; and noted that no camping is allowed on either lake on private property. Councilman Alongi stressed that many of the properties along Lake Elsinore are not buildable. Mr. Molendyk suggested that staff research the issues and bring additional information back to the Planning Commission and City Council. Mayor Pro Tem Kelley questioned whether there is weekend Code Enforcement coverage. PAGE SEVEN - SPECTAL MEETING MIl~TUTES - NLY 2, 1996 Staff indicated that there is no weekend enforcement except that provided by the Sheriffs Department. Mrs. Kelley questioned whether staff was still working on neighborhood sweeps. Code Enforcement Of~"icer Gordon indicated that staff is working on the Aammerhead area, but sweeps can be done. Mrs. Kelley questioned whether there was overtime funding available for the Part Time Code Enforcement Officer. Code Enforcement Officer Gordon noted that he is currently working on weed abatement up to 32 hours a week. Mayor Pro Tem Kelley noted that she met with Supervisor Buster on County Code Enforcement issues, and he has agreed to set up a meeting with City in the future to work cooperatively on code enforcement to address Lakeland Village and Sedco Hills. She requested input with regard to areas which should be included in that discussion. Mr. Molendyk suggested some basic consistency in areas such as the lake edge which may need to include a commitment with regard to standards for those areas. He also suggested sharing new regulations on the lake edge camping with the Supervisor's office. Mayor Pape suggested emphasis be placed on the area from Grand Avenue to the Lake. Mayor Pro Tem Kelley questioned the possibility of a joint effort to contract with the City for code enforcement coverage. Mr. Molendyk suggested inclusion of issues as car sales on weekends, hucksters, etc. Mayor Pro Tem Kelley noted that when she rode with Code Enforcement they had no hand held radios for contact. She suggested that they need a cellular phone. Councilman Metze concurred and noted that he would have concern with some of the azeas they go in to. Mrs. Kelley noted the potential for entering a drug lab with no communication for back-up. Mr. Molendyk agreed to look at communication possibilities. Building and Safety Manager Russell indicated that they have a need for a police band radio, and noted the delay with going through dispatch. Mr. Russell indicated that it would run about $1200, and he knows of a method for acquiring one. Mr. Molendyk reiterated that staff would investigate the possibilities. CLOSED SESSION Potential Litigation. THE SPECIAL CITY COUNCIL MEETING WAS ADJOURNED TO CLOSED SESSION AT 10:45 A.M. THE SPECIAL CITY COUNCIL MEETING RECONVENED AT 1239 P.M. NO ACTION TAKEN. ADJOURNMENT THE SPECIAL CITY COUNCIL MEETING WAS AD70URNED AT 12:40 P.M. A "'G~T: ~/ / ~ ~ ~ ~i::KI I~A~ I3, ~.iTY CLERK 1;:~ i' OF .T_,PJ~_;; ELSINORE , ~ KEV1N W. PAPE, MAYOR CITY OF LAKE ELSINORE