HomeMy WebLinkAbout03-10-1992 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIfORNIA
TUESDAY, MARCH 10, 1992
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MAYOR WASHBURN ANNOUNCED THAT A NUMBER OF STUDENTS fROM ELSINORE HIGH SCHOOL
HAD PARTICIPATED IN STUDENT GOVER~MENT DAY AND WOULD BE OPENING THIS COUNCIL
MEETING.'
STUDENT MAYOR MOLLY LOPEZ ASSUMED THE CHAIR.
CALL TO ORDER
The Regular City Council Meeting was called to order by Student Mayor Molly
Lopez at 7:04 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Student Mayor Pro Tem Annemarie de
Christopher.
ROLL CALL - STUDENT
PRESENT: COUNCILMEMBERS: BENJAMIN, DeCHRISTOPHER, OCHOA, LOPEZ
ABSENT: COUNCILMEMBERS: ASIS
Also present were: Acting City Manager Mandaro and City Clerk Davenport.
A. Presentation = Report on Student Government Day Activities. (F:142.3)
Student Mayor Lopez gave a report on the findings of the Mock City Council
Meeting held earlier in the day. The question that the Student Council
addressed was "What kind of business would Council like to see in the City
of Lake Elsinore.". Student Mayor Lopez indicated that the students
findings were as follows:
1) Water Park
2) Wind Surfing
3) Races (Jet Ski, boat and ski)
4) Stocking quality fish for quality fishing.
5) More Campgrounds for camping
6) Paddle and Bumper Boats
7) Hotel and Lake side resorts
8) Amusement Park (miniature golf)
9) Health Spas (mineral and mud bath spas)
10) Outdoor skating rink
11) Dancing next to the Lake
12) A Stadium (for baseball, football or basketball)
13) Amphitheater
Student Mayor Lopez stated that the City of Lake Elsinore has the potential
for these types of activities and with clean water most of the projects
could be possible. They would also help to create jobs and attract the
public for further City income. She stressed that as clean water is a
necessity, the implementation of Lake Management is a must. She encouraged
the students as well as all citizens of Lake Elsinore to support their local
government and become involved.
The other students concurred with the comments of Student Mayor Lopez.
There being no further business the students turned the meeting over to the
Mayor & City Council.
PAGE TWO - CITY COUNCIL MINUTES - MARCH 10, 1992
ROLL CALL = CITY COUNCIL
PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER, WASHBURN
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manaqer Molendyk, Assistant City Manager Rogers, City
Attorney Harper, Administrative Ser'vices Director Boone, Community Services
Director Watenpaugh, Public Services Director Tecca, Community Development
Manager Shear, City Planner Christen and City Clerk Kasad.
PRESENTATIONS/CEREMONIALS
B. Proclamation = Jon Serl. (F:122.1)
Mayor Washburn read the Proclamation and presented it to Jeannie Corral on
behalf of Mr. Serl. Mrs. Corral thanked the Council on behalf of Mr. Serl
and commented briefly on the man and his works.
PUBLIC COMMENTS = AGENDIZED ITEMS
Mayor Washburn advised that he had requests to address item Nos. 3, 6 and 12 on
the Consent Calendar.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for further
discussion and consideration:
Item Nos. 3, 6, 9, 11, 12 and 13.
MOVED BY STARKEY, 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. Re.qular City Council Meeting - february 25, 1992. (F:44.4)
The following Minutes were received and ordered filed:
b. Planning Commission Meeting - february 19, 1992. (F:60.3)
2. Received and ordered filed the Building Activity Report for February, 1992.
(F:32.2)
4. Received and ordered filed the Structure Abatement Activity Report for
February, 1992. (F:32.4)
5. Received and ordered filed the Investment Report for January 31, 1992.
(F:12.5)
7. Rejected and referred to Claims Administrator the Claim submitted by Holly
L. Ferrier (Cl #91-15). (F:52.2)
8. Rejected and referred to Claims Administrator the Claim submitted by Kathy
Davidson (CL ~92-4). (F:52.2)
10. Adopted Resolution No. 92-17 relating to Tax Allocation Bond Anticipation
Notes, 1992 Series. (F:126.5)
RESOLUTION N0. 92-17
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVING
ISSUANCE BY THE REDEVELOPMENT AGENCY OF THE CI7Y OF LAKE ELSINORE OF NOT TO
EXCEED $5,750,000 PRINCIPAL AMOUNT OF REDEVELOPMENT AGENCY OF THE CITY OF
LAKE ELSINORE RANCHO LAGUNA REDEVELOPMENT PROJECT AREA N0. III TAX
ALLOCATION BOND ANTICIPATION NOTES, 1992 SERIES.
PAGE iHREE - C1TY COUNCIL hIINUIES - MARCH 10, 1992
14. Approved Change Order '~o. 5 for Country Club Heights Paving Project, Phase
I, for California Asp!iilt and Grading in the amount of $ 22,745.00.
(F:156.2)
15, Approved Final Approva~ of Tract Map 22912-1,2 and 3, subject to the City
Engineer's acceptance and authorized the City Clerk to sign the map.
(F:160.2)
ITEMS PULLED FROM CONSENT CALENDAR
3. Code Enforcement Activitv Renort for Februarv. 1992. (F:54.1)
Mayor Washburn invited Mr. Dick Knapp to address this item as requested.
Mr. Knapp clarified that his intent was to speak on item 3 of the
Redevelopment Agency Agenda.
6. Warrant Lists:
a. February 19, 1992 (F:12.3)
b. February 28, 1992 (F:12.3)
Dick Knapp, 29690 Dwan, commented on these warrant lists and detailed
specific expenditures. He questioned the expenditure of $8 million for one
month when the entire 3udget is only $8 million for the year. He also
suggested that those f~nds listed in the Investment Report could be used to
off-set the Police Services needs rather than taxing the residents.
City Manager Molendyk clarified that the General Fund Budget is $8 million
dollars, however this does not include assessment districts and their
related improvements and expenditures; Redevelopment Agency activity and
Public Finance Authority activity. City Attorney Harper explained the
constraints of specific funds such as assessment districts and the
redevelopment agency and how they may be used and they may not be used. He
clarified the sources from which public safety services may be financed.
MOVED BY WINKLER, SECONDEG BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO RATIFY
THE WARRANT LISTS AS PRESENTED.
9. Resolution No. 92-16 relatina to Annexation No. 53 Wesco Homes .(F:20.2)
City Manager Molendyk requested clarification of the location of this
annexation. City Clerk Kasad explained that this annexation is located in
the vicinity of Grand ~venue and Stoneman. City Attorney Harper clarified
that this item relates to the previously approved annexation and is
actually just a housekeeping item requested by the Local Agency Formation
Commission.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO ADOPT
RESOLUTION N0. 92-16:
RESOLUTION N0. 92-16
A RESOLUTION OF THE CIfY COUNCIL OF THE CITY OF LAKE ELSINORE PERTAINING TO
PREVIOUSLY APPROVED Ati.VEXATION N0. 53 AND RELATING TO THE EXEMPTION OF SAID
TERRITORY FROM EXISTING GENERAL BOND INDEBTEDNESS.
11. San Jacinto/Lakeshore )rive Bridae Reolacement = Contract for Professional
Services. (F:156.2)
City Manager Molendyk requested that this item be deleted from the City
Council Agenda and added to the Redevelopment Agency Agenda.
MOVED BY BUCK, SECONDED BY WINKLER AND CARRIED BY UNANIMOUS VOTE TO MOVE THIS
ITEM TO THE REDEVELOPMENT AGENCY AGENDA.
12. Communitv Develooment Block Grant Fundinp Reouests. (F:84.2)
City Manager Molendyk detailed the request r~ceived fpr this grant money
and the staff's recommendations for the allocation. He explained that the
PAGE FOUR - CITY COUNCIL MINUTES - MARCH 10, 1992
requests received totaled $155,000 and the City's total allocation is
anticipated to be only about $114,000.
Lisa Baker, representing United Way, commented on the programs housed by
the Human Services Center and the efforts underway to increase the funding
opportunities. She stressed the importance of the work being done by
these agencies and requested support for the level of funding requested by
the Center.
Dottie Morrisette, Small World for Little People, requested that the
Council continue their financial support of the Human Services Center and
its programs which assist the Community and provide guidance to the
residents.
Norman Buchannan, 575 Chaney Street, also spoke in support of the funding
requested by the Numan Services Center. He detailed local statistics
supporting the programs at the Center and requested funding be provided at
the current level rather than the reduced level proposed.
Mayor Washburn clarified the current level of funding and the intent that
it was to be a matching fund to get the program underway. He also
commented that he would like to see this assistance continued.
Community Services Director Watenpaugh explained this grant program and the
limitation that only 15% of the total allocation may be used for social
services programs. He also explained that last year an extra allocation
was obtained after this process because the cities of Murrieta and Temecula
were not able to use their allotment. Mr. Watenpaugh also advised that a
grant has been requested from United Way to supplement the needs, however,
that has not been approved to date; and staff is still exploring other
alternatives for funding.
Councilman Winkler commented that he could see no opportunity for shifting
the funds within the guidelines. He further commented that he feels the
H.O.P.E. program has gotten off to a good start and he would like to see
the City assist this effort as well.
MOVED BY WINKLER, SECONDED BY DOMINGUEZ AND CARRIED BY A VOTE OF 4 TO 0 WITH
WASHBURN AdSTAINING TO APPROVE THE RECOMMENDED FUNDING AS FOLLOWS:
Volunteer Center of Greater Riverside
Helping Our People of Elsinore (H.O.P.E.)
Human Services Center
Alternatives to Domestic Violence
Senior Home Repair
Senior Center Horseshoe Area/Parking, Walks,
and Passive Area
TOTAL
-0-
$ 5,000
$ 8,000
$ 5,000
$ 25,000
$ 71,000
$114,000
13. Chanqe Order for Storm Drain Line 6=1 Sta e 21 from Machado Street to
Grand Avenue, Communitv facilities District 88-3. (F:22.3)
City Manager Molendyk briefly explained this change order.
Steve Bolton, representing the Keith Companies, explained the financing and
improvements planned in Community Facilities District 88-3. He detailed
project expenditures to date and the balances remaining for completion of
the related projects. He also explained that this change order was
intended to keep the projects moving and provides for tie-ins to the main
B-1 Storm Drain to serve adjacent developments.
City Attorney Harper commented that this is a good example of a case where
PAGE FIVE - CITY COUNCIL MINUTES - MARCH 10, 1992
the funds were obtained and designated for an assessment district with
specific improvements; and those funds can not be utilized for any other
projects in the City.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO APPROVE
CHANGE ORDER N0. i FOR PHASE II STORM DRAINAGE LINE "B-1", (STAGE 2) CHANNEL IN
COMMUNITY FACILITIES DISTRICT 88-3 FOR BONADIMAN-MCCAIN IN THE AMOUNT OF
$83,685.45.
PUBLIC HEARINGS
31. Annexation No. 61,_ General Plan Amendment 91-3. Zone Chanpe 91-5, Tentative
Tract ~ 26409 _ Tomlinson & Sons _ Zimmerman. (F:20.2)(X:83.2)(X:172.2)
(X:160.2)
City Manager Molendyk explained this item which was continued from February
11, 1992. He advised that staff and Council have met with the concerned
residents and will be working with the applicant. He further advised that
the applicant has requested a 45 day continuance of this item.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONTINUE
TNIS ITEM TO APRIL 28, 1992.
32. Recoverv of Expenditures = Structure Abatement at 284 N. Ellis Street.
(F:32.4)
City Manager Molendyk explained this item.
Community Development Manager Shear advised that the structure at this
address has now been removed. He explained that the owner began to
renovate the structure, however she found more extensive problems including
the handling of a filled in swimming pool discovered during this work. The
costs became prohibitive and the owner requested that the City handle
demolition of the structure.
Mayor Washburn stressed that these are costs the City will re-coup when the
property is sold.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:55 p.m. asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:56 p.m.
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONFIRM
THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SCRVICES DIRECTOR TO
PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED
COSTS AND INTEREST ACCRUEG THEREON.
33. Recoverv of Exoenditures = Structure Abatement at 1108 W. Sumner Avenue.
(F:32.4)
Community Development Manager Shear explained that this property has had a
progression of owners and a number of illegal additions. He further
explained that the buildings have now been removed.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:57 p.m. asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 7:58 p.m.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO CONFIRM
THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO
PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED
COSTS AND INTEREST ACCRUED THEREON.
34. Recoverv of Exoenditures - Structure Abatement at 16717 J~ Street.
(F:32.4)
Community Development Manager Shear detailed this property and its history.
PAGE SIX - CITY COUNCIL MINUTES - MARCH 10, 1992
He advised that the owner of the property authorized the City to demolish
the structures.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:59 p.m. asking those persons
interested in this item to speak. Hearing no one, the public hearing was
closed at 8:00 p.m.
Mayor Washburn commented that in some cases the owner may agree to the
demolition, but the cost is prohibitive at the time; so the City handles
the abatement and liens the property to recoup costs when the property
changes hands. He also advised that every building is inspected for
asbestos and where necessary experts are called in to removed the asbestos
to prevent endangerment of other residents.
Councilman Dominguez commented on the owners authorization for the City to
proceed.
MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO CONFIRM THE
THE COST OF THE ABATEMENT AND AUTHORIZE THE ADMINISTRATIVE SERVICES DIRECTOR TO
PLACE A SPECIAL ASSESSMENT AND/OR LIEN ON THE PROPERTIES TO RECOVER ALL RELATED
COSTS AND INTEREST ACCRUED THEREON.
35. Determination of Vicious Do~c _ 1129 Monroe. (F:18.1)
City Manager Molendyk detailed the necessity of this public hearing
pursuant to Food and Agriculture Code Section 31602 which provides that the
determination that a dog is vicious and subject to impoundment be made
pursuant to either a petition to the Municipal Court or to the City with
jurisdiction. He explained that the recommendation to Council for this
hearing is to consider all evidence and testimony presented and make the
appropriate determination.
Anne Washington, Executive Director of Lake Elsinore Animal Friends,
explained the goals of L.E.A.F. and the position they would support in this
case.
Senior Animal Control Officer Hoffman detailed the history of incidents
with the Tan Pit bull, Rosie, who is 6 years old, unvaccinated and
unlicensed. Officer Hoffman stated the details of the dog bites involving
two 7 year old children and the attempted bite of a Southern California Gas
Company Meter Man. She further stated that the owners Rosemarie T. Welter
and Roger Shaddocks were aware of the restrictions placed on the dog in
quarantine and were found in violation of that quarantine and were cited
due to the violation.
Mayor Washburn opened the public hearing at 8:12 p.m. and called upon the
owners to address Council.
Mr. Roger Shaddocks, 1129 Monroe addressed Council and stated that the
legal owner of the pit bull resides in Sage, California and would like to
regain custody of the dog. He further clarified that the area where the
owner lives is very rural and away from any populated areas.
Mayor Washburn then asked the identity of the legal owner. Mr. Shaddocks
advised that the owner is Don Brown.
City Attorney Harper commented that at Council discretion the dog could be
ordered to be sent to Sage.
Mayor Washburn inquired if the dog were to return to the City of Lake
Elsinore, it could be impounded and action taken. City Attorney Harper
clarified that the Council could determine the dog to be vicious and
require if the dog remained in the City Limits. for another twenty-four
hours it be impounded. Alternatively, if the dog is given to the legal
owner and moved to Sage, California, the matter is resolved but the impound
order will remain in effect.
PAGE SEVEN - CITY COUNCIL MINUTES - MARCH 10, 1992
Officer Hoffman suggested that if the animal is to be given to the legal
owner and moved to Sage, L.E.A.F. should contact the Animal Control Agency
for Sage and advise them of the dog's history. Further L.E.A.F. would
request confirmation of legal ownership.
City Attorney Harper suggested that the public hearing be continued so
L.E.A.F. has an opportunity for further investigation. If necessary, it
can then be brought back to Council for further action following the
investigation.
Councilman Starkey asked if L.E.A.F. could require that the dog be licensed
and vaccinated. City Attorney Harper stated that Council can declare the
dog vicious and have it impounded and ultimately destroyed; or have a
further recommendation from L.E.A.F. and continue the public hearing for
two weeks and if Animal Control resolves the problems then the item has no
need to come back.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY A UNANIMOUS VOTE TO
CONTINUE THE PUBLIC HEARING FOR DETERMINATION OF VICIOUS DOG FOR TWO WEEKS
PENDING FURTHER INVESTIGATION AND FINDINGS FROM I.E.A.F.
BUSINESS ITEMS
51. Extension of Time for Tentative Parcel ~ No. 24571 - Rancon Realtv Fund
IV. (F:110.2)
City Manager Molendyk commented on the history of this project and the
current negotiations relating to the freeway off-ramp. He advised that a
request for 30 day continuance was in order.
MOVED BY DOMINGUEZ, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE TO
CONTINUE THIS ITEM FOR 30 DAYS.
PUBLIC COMMENTS - NON-AGENDIZED ITEMS
Mayor Washburn advised that he had requests to speak from George Alongi, Chris
Hyland, Penny Baker and Edith Stafford.
George Alongi, 649 Mill Street commented on the City budget and police related
costs. Ne stressed the importance of public safety before all other items and
suggested that new developers carry a larger share of the burden.
Ralph Hibbard, 23987 Cypress, Quail ~alley, addressed the future alignment of
Chaney Street. He stated that he had previously sent a letter to Council
explaining the hardship to the property owners in this corridor which will
eventually be purchased by the City. He further commented that staff has
indicated they have no idea when the City will purchase the right of way and
this precludes the property owners from doing anything with their property.
Mayor Washburn requested that Mr. Hibbard contact Public Services Director
Tecca for further clarification.
Chris Hyland, 15191 Wavecrest Drive, advised that in a letter• to the editor
regarding Lake Management this past week, she had suggested that, a test be
conducted in the interest of public safety and welfare, before reclaimed water
is released into the Lake.
Penny Baker, 32840 Ortega Highway, clarified the obligations of Elsinore Valley
Municipal District to the Lake Management Project and asked that the City not
front the money to fulfill E.V.M.W.D.'s obligations.
Edith Stafford, urged the Council to gain complete control of the lake for
the benefit of the residents of the City of Lake Elsinore.
CITY MANAGER COMMENTS
City Manager Molendyk adv-:sed that he had need for a Closed Session regarding
acquisition of property, pending litigation update and personnel matters.
PAGE EIGHT - CITY COUNCIL MINUTES - MARCH 10, 1992
CITY COUNCIL COMMENTS
Councilman Dominguez advis.ed that he had received a call regarding Treleven
Avenue and how soon the City would be finishing the other half of the street.
He requested that staff investigate and pursue this matter.
Mayor Pro Tem Starkey advised that he received a call from Bobbie Vinson
regarding a 6 year old boy with a serious illness. He further advised that The
Farm Lion's Club would be holding a benefit Pancake Breakfast for the boy on
March 28th from 7 a.m. to Noon; tickets are $3.50 each. He also advised that
he would be attending and encouraged the other City Council Candidates to
participate. He suggested that interested parties contact the City Clerk's
Office for information on the event.
Mayor Pro Tem Starkey commented on a recent conversation with a flood control
official regarding the ability to use the wells to fill the lake. He further
commented that the official was supportive of this effort and he requested that
the Council's Negotiating Team for the Lake pursue the use of three wells to
fill the lake as soon as possible.
Mayor Washburn showed the new Recreation Brochure and commented on the variety
of programs being presented and the upcoming events.
THE CITY COUNCIL MEETING WAS RECESSED AT 8:43 P.M.
THE CITY COUNCIL MEETING RECONVENED AT 8:56 P.M.
CLOSED SESSION
THE CITY COUNCIL ADJOURNED TO A JOINT CLOSED SESSION WITH THE REDEVELOPMENT
AGENCY AT 8:56 P.M. TO DISCUSS ACQUISITION OF PROPERTY, PENDING LITIGATION AND
A PERSONNEL MATTER.
THE CITY COUNCIL RECONVENED AT 9:31 P.M. NO ACTION TAKEN.
ADJOURNMENT
MOVED BY DOMINGUEZ, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE TO ADJOURN
THE REGULAR CITY COUNCIL MEETING AT 9:B"L P.M.
~ ~ ~ ~~~vUVi
GARYC M~IJASHBURN, MAYOR
CITY (~f ~LAKE ELSINORE
AT~IfST: ~
~io~
VICKI KAS.4D', CITY CLE
CITY OF LAKE EISINORE