HomeMy WebLinkAbout07-23-1991 City Council MinutesMINUTES
REGULAR CITY COUNCIL MEETING
CITY OF LAKE ELSINORE
545 CHANEY STREET
LAKE ELSINORE, CALIFORNIA
TUESDAY, JULY 23~ 1991
*****~*****~***************************************~~*************
CALL TO ORDER
The Regular City Council Meeting was called to order by Mayor
Washburn at 7:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledqe of Allegiance was led by Acting City Attorney McFarlin.
ROLL CALL
PRESENT: COUNCILMEMBERS: BUCK, DOMINGUEZ, STARKEY, WINKLER,
WASHBURN
ABSENT: COUNCILMEMBERS: NONE
Also present were: City Manager Molendyk, Assistant City Manager
Rogers, Acting City Attorney George McFarlin, Community Services
Director Watenpaugh, Public Services Director Tecca and City Clerk
Kasad.
PUBLIC COMMENTS
Emerson Brigham, 33500 McGrew Drive, commented on his previous
requests for information from Mayor Washburn, to which he has
not received answers. He further commented on the impact of the
future Railroad Canyon Road alignment on his property. He also
expressed ooncern that Mayor Washburn might have an undeclared
financial interest in the Outlet Center development.
PRESENTATIONS/CEREMONIALS
None.
CONSENT CALENDAR
The following items were pulled from the Consent Calendar for
further discussion and consideration:
Item Nos. 8 and 10.
MOVED SY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE
TO APPROVE THE BALANCE OF THE CONSENT CALENDAR AS PRESENTED.
l. The following Minutes were approved:
a. City Council Meeting - July 9, 1991. (F:44.4)
The following Minutes were received and ordered filed
b. Planning Commission Meeting - July 3, 1991. (F:60.3)
2. Received and ordered filed the L.E.A.F. Animal Control
Activity Report - June, 1991. (F:18.2)
3. Ratified the 1990/91 Fiscal Year Warrant List for July 15,
1991. (F:12.3)
4. Ratified the 1991/92 Fiscal Year Warrant List for July 15,
1991. (F:12.3)
~AGE TWO - CITY COUNCIL MINUTES - JULY 23, 1991
5. Awarded Contract for Terra Cotta Junior High Park Improvements
to R.I.S. Electric, Inc., in the amount of $279,401.00.
(F:114.7)
G. Approved the Park Maintenance and Operations Agreements for
Terra Cotta and Machado School with the Lake Elsinore Unified
School District. (F:68.1)(X:114.7)(X:114.5)
7. Adopted Resolution No. 91-61 to Modify the Assessments in
Northwest Sewer Assessment District 86-1. (F:22.3)
RESOLUTION NO. 91-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
MODIFYING THE CONFIRMED ASSESSMENT FOR THE NORTHWEST SEWE~
ASSESSMENT DISTRICT NO. 86-1.
9. Approved Vacation of a Slope Easement and Drainage Easement
Alon~ Railroad Canyon Road; and authorized Mayor to sig~~ tlte
quitclaim deed for recordation. (F:132.1)
11. Approved Public Hearing Date of August 13, 1991 for the
follawing:
a. General Plan Amendment No. 91-4 & Zone Chanae 91-6.
(F:83.2)(X:172.2)
A request to amend the Lake Elsinore General Plan
Circulation Element to revise the general circulation
pattern for properties located east of Interstate 1~,
south of Highway 74 and southerly of Wasson Canyon.
A request to change the zone from R-R (Rural Residential)
to R-1 (Single Family Residential District) for 169 acres
located in the above referenced location.
b. Master Plan of Drainaae. (F:100.2)
To include adoption of an ordinance establishing Drainage
Fees for Implementation of the Master Plan of Drainage and
adoption of a Resolution setting the Drainage Fees.
ITEMS PULLED FROM THE CONSENT CALENDAR
8. Lake Elsinore ~nimal Friends Contract Revisions.
(F:68.1)(X:18.3)
City Manager Molendyk detailed the Lake Elsinore Animal
Friends request for partial financial reliefo He explained
that this request was received after the budyet had been
compiled and recommended that it be considered at mid-year.
Anne Washington, 232 Northshore Drive, commerited on the
original agreement between the City and L.E.~.F. She detailed
the program now in place and the quality of the operations.
She stressed the need for additional funding to maintain the
level residents of Lake Elsinore have become accustomed to.
She advised Council that they are currently working with the
loca7. veterinarians to resolve conflicts which have existed
previously.
Councilman Winkler inquired how much revenue would be lost in
resolving the conflict with the veterinarians and how much
would be gained from the increased licensing fees. Mrs.
Washington advised that those impacts had already been figured
into ~heir request. -
Mayor Washburn questioned the arrangements being made with the
veterinarians, and encouraged the parties involved to find a
resolution to the conflict.
PAGE THREE - CITY COUNCIL MINUTES - JULY 23, 1991
George Alongi, commented on his involvement with L.E.A.F. and
its board and detailed some of the obvious improvements they
have caused to occur. He advised that licensing fees count
for only 4.4% of the funds for their facility and programs.
He suggested that the City Council appoint a negotiating
committee to help work out the best financing arrangement.
Councilman Starkey concurred with the comments of Mr. Alongi,
i and commended L.E.A.F. for the job its facility and employees
have done in this area. He commented on the original
'' consideration of a contract with L.E.A.F. and stressed that he
still believes it was the best choice.
Councilman Dominguez advised that he appreciates what L.E.A.F.
is doing, but the request came in after the Budget had been
compiled and he feels it should be considered mid-year.
Councilman Winkler commented on the work of L.E.A.F. and
suggested that staff look at the overall budget for
alternatives to fund this request. He suggested that the
financial obligation for the vehicles be waived as suggested
in the staff report, and the balance of the item be continued
to the next Council meeting to consider alternatives.
Councilman Buck commented that the budget has remained the
same since its inception and has not been increased for the
increased population or area of coverage. He supported
continuance to review further.
Mayor Washburn commented on the great strides L.E.A.F. has
made; and on the cooperation that is evolving with the
veterinarians. He suggested that consideration of using
reserves be the last option.
MOVED BY WINKLER, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO WAIVE THE VEHICLE PAYMENTS AND CONTINUE THE BALANCE OF THE ITEM
TO THE NEXT COUNCIL MEETING FOR FURTHER REVIEW.
10. Citv Emplovees Memorandum of Understandina 1991/92 = 1992/93.
(F:116.2)
City Manager Molendyk advised that PERC had requested a two
week continuance of this item and concurred with the request.
MOVED BY BUCK, SECONDED BY STARKEY AND CARRIED BY UNANIMOUS VOTE
TO CONTINUE THIS ITEM FOR TF70 WEEKS.
PUBLIC HEARINGS
31. Briahton Homes - General Plan Amendment 91-1; Specific P1an
89-2 Amendment No. 1L Zonina Reaulations and Development
Aareement Amendment No. 1. (F:150.2)(X:83.2)(X:68.1)
MOVED BY STARKEY, SECONDED BY BUCK AND CARRIED BY UNANIMOUS VOTE
TO CONTINUE THIS ITEM TO AUGU5T 13, 1991.
32. Recoverv of Expenditures for the Abatement of Weeds, Rubbish,
Refuse and Dirt. Resolution No. 91-62. (F:166.1)
Community Development Manager Shear explained the weed
abatement process.
The City Clerk reported no written comments or protests.
Mayor Washburn opened the public hearing at 7:30 p.m. asking
those persons interested in this item to speak. Hearing no
one, the public hearing was closed at 7:31 p.m.
PAGP FOUR - CITY COUNCIL MINUTES - JULY 23, 1991
Councilman Starkey advised that he received a ca11 regarding
the lot adjacent to Small World For Little People Preschool
which appears to have not been abated and requested that the
situation be reviewed. He expressed concern with lots behind
his home for which the owners apparently had never been
notified and inquired if this type of situation could be
addressed.
MOVED AY BUCK, SECONDED BY STARKEY AND CARRIliB IIY UNANIMOUS VOTE
TO ADOPT RESOLUTION NO. 91-62.
RESOLUTION NO. 91-62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE,
CALIF'ORNIA, CONFIRMING AN ITEMIZED WRITTEN REPORT SHOWING COST
OF WLED AND RUBBISH ABATEMENT, CONFIRMING THE ITEMIZED WRITTEN
REPORT FOR EACH SEPARATE PARCEL OF LAND REQUIRED BY SECTION
39574 OF THE GOVERNMENT CODE OF THE STATE OF CALIFORNIA, AND
PROVIDING THAT THE COSTS THEREOF ON EACH PARCEL OF LAND SHALL
CONSTITUTE A SPECIAL ASSESSMENT AGAINST SAID PARCELS OF LAND
PURSUANT TO SECTION 39574 OF THE GOVERNMENT CODE OF THE STATE
OF CALIFORNIA, AND PROVIDING FOR THE FILING OF SAID
ASSESSMENTS AS PROVIDED IN SAID GOVERNMENT CODE.
APPEALS
33. App~~al of Condemnation Action for 268-276 North Ellis Street.
(F:^1:1)
Mr. Molendyk gave an overview of the abatement and recommended
that the appeal be denied and staff be directed to issue the
Sec~nd and Final notice giving thirty (30) days for the owners
to acquire the necessary permits to either rehabilitate or
demolish the structures. At the end of this time period, the
City would have the jurisdiction to abate the structures.
Tom Thomas of King Videocable presented a video of the
Ci.t•- Structure Abatement program, includiny the structures
at 268-276 North Ellis Street.
Chief Building Official Shear then addressed Council and
explained the Structure Abatement process.
Chief Sohmutz of the Fire Department advised that the number
of incidents at this address have increased dramatically. He
further advised that in the last three and one-half years
there have been forty-three (43) responses to this property,
thir•ty-three (33) being medical aid and ten (10) beinq
assaults. Of the thirty-three (33) medical aids, over ninety
~~ercent (90%) have been drug related.
Chief Schmutz explained that since the property was fenced
there have been two (2) fires with minimal damage, however
while inspecting for potential additions starts, they found
transients sleeping in two other buildings. He expressed
concern that a major fire at this location could endanger the
entire area.
Mayor Washburn questioned the cost of each call to the
address stated above to give the public an idea of what they
are subsidizing. Chief Schmutz stated that an estimated low
figure of $250.00 per call would be a very low estimate.
Captain Reynolds of the Riverside County SheriPf's Department
thanked Council on behalf of the Sheriff's Department and the
~'amily of Officer Coram for Council's consideration and
:= up~~ort .
PAGE FIVE - CITY COUNCIL MINUTES - JULY 23, 1991
Captain Reynolds stated that since the subject property was
vacated in May there have been 72 incidents. out of those 72
responses 72 people have gone to jail. He further stated
that there is $122.00 per booking charge.
Mayor Washburn inquired beside the booking fee approximately
what the cost to the City is. Captain Reynolds stated that
besides the booking fee the City pays $60.00 an hour for a
deputy.
City Manager Molendyk stated that at this point in time for
the 72 calls there would be a charge of $9,200 for booking
fees.
Captain Reynolds further stated that there was one other
concern that he had not mentioned yet, being that there is a
population in that area who expect to maintain their quality
of life and with the transients moving into that area that
quality is threatened and should also be addressed.
Mayor Washburn then asked if anyone wished to address
Council.
Mr. Norman Manz, owner of the property at 268-276 North
Ellis, 2745 Sandpiper, Costa Mesa, stated that the property
does have definite problems and has been damaged by drug
related people in the months of March and April of this year
and this is when the problem came to his attention. He
further stated that he has owned the property 11 years and
has had problems collecting the rent, but has never had a
major problem until now. He further explained that he has
tried to work with staff and has had his rehabilitation plans
rejected. He stated that he felt that he had received no
cooperation with the Building Department. His reason for
opposing the condemnation is because he's owned and paid on
this property for 11 years. He stated that he has a major
investment which will be lost if the property is condemned
and abated, creating a major financial loss. He explained
that he has put together a specific plan to rehabilitate the
property and has started to clean up the front of the
property. He restated that he doesn't deny that there is a
major problem, but he would like to rehabilitate the
property to City Codes. He presented a document to Council
containing the appraisal of the property, a copy of the two
phase rehabilitation plan and a copy of the licensed
contractor's recommendation regarding the renovation , a copy
of a licensed contractor's report,.regarding the foundation
system and the floor systems of all of the units and a plot
plan which shows each of the units in diagram. He explained
what each phase would entail.
City Manager Molendyk stated that part of his job is to look
out for the health, welfare and safety of the residents of
the City of Lake Elsinore and he stated that he would be
interested in an explanation from the landlord who would
allow raw sewage, inoperable bathrooms and improper venting
to exist on his property.
Mr. Manz stated that his property is no different than any of
the other property in the downtown areas. He further stated
- that the tenants caused the problems that created the
inoperable toilets and backed up sewer systems.
City Manager further questioned the landlord, asking what
type of revenue those units produced zn the ~as~ 11 ye~rs and
what type of capital improvements have been done on the
property in the last 11 years.
PAG.ti 3IX - CITY COUNCIL MINUTES - JULY 23, 1991
Mr. Manz stated that he has invested approxinmately $40,000.
since his purchase in 1980. He explained that in 1990 Morrow
Plumbing did over $6,000 in work to replace.,gas lines.
Mayor Washburn stated that both Mr. Manz and the City are
victims of a situation related to drugs and the Council must
address the issues and correct the problems.
Councilman Dominguez questioned the submittai of the plans
for rehabilitation by Mr. Manz and wished to make Mr. Manz
awaze that he might be in a special district which will have
to ..onform to design criteria. He requested that staff
revzew this possibility.
City Manager Molendyk stated that the bungalows which are
being addressed are 200 square feet and have had six to eight
people residing in them, in addition to people burrowing into
the ground between the units. He further stated that
rehabilitation is not the only issue, but proper property
management as well is vital to up-grade the quality of the
property in question. The problems involved are the
responsibility of the property owner.
Mr. Manz stated that these problems did not occur until last
March at which time the drug related people took over the
units and caused~the deterioration of the units and the
unsafe conditions.
City Manager Molendyk stated that according to the police
records there have been problems at this Ellis Street address
since 1977.
Mr. Manz stated that he felt Chief Building Official Shear
was not trying to solve his problems and that he felt Mr.
Shear's attitude,was that the only solution was to demolish.
He further stated that last week he received a call from Code
Enforcement Office Gordon who informed him that iP he
submitted plans for rehabilitation that he could avoid the
abatement hearing. He further stated that he did submit the
plans and he felt that staff did not address them.
City Manager Molendyk questioned Mr. Manz regarding the fact
that Mr. Manz had previously approached Staff with the idea
that if he were given $5,000 for consideration of rental loss
and the City or the Redevelopment Agency would pay the
$30,000 for the demolition, that he would consider tearing
the buildings down.
Mr. Manz stated that on May 1, 1991, he did consider that,
due to the fact that this is the first time he has had to
deal with the type of problems. He further stated that due
to the fact he had never been through the process he did not
understand how serious the problem was.
Councilman Winkler stated that the recommendation does allow
for rehabilitation within 30 days. He inquired of staff if
it would be possible to acquire permits in that amount of
time.
Chief Building Official Shear stated that if the correct
plans were submitted and approved that a building permit
could be issued in 30 days. Plans were submitted last
Monday, but they were returned to the owner because they were
incomplete to fulfill the requirements of the City.
Ms. Marjc-r°ie Thompson, Manager of Briarwood Mobile Home Park,
300 Ellis 5treet, stated that the property in question has
PAGE SEVEN - CITY COUNCIL MINUTES - JULY 23, 1991
attracted numerous druggies and created problems for her
tenants who feared for their safety. She further stated that
since the units have been vacant there have been less
incidents. The residents of the park would like to see the
the units demolished.
Mr. George Alongi, Lake Elsinore, stated that he has been
involved in similar rehabilitation oP units and would like to
see the property owner given a chance to rehabilitate as the
City needs this type of housing for persons who are of fixed
and low income. He felt if the work was done correctly the
problems could be eliminated.
Mayor Washburn stated that by direction of Councilman
Dominguez, staff has been in contact with the City of
Montclair and is currently working on a program to provide a
City team to address the current problems the City is
experiencing. He expressed hopes that the Community is
pleased with the strides being made to upgrade the bliqhted
homes and demolishing those which cannot be rehabilitated.
Mayor Washburn commented that the City must stop the problems
now and keep them from spreading and continue to h~1p those
on fixed incomes who need to live in a safe community. He
further commented that the problems have come about in the
last five years due to poor property management~an.d an
excessive amount of people living in a small unit designed
for one or two people.
Councilman Winkler directed staff to work with the property
owner in an effort to acquire the permits to rehabilitate the
structures. He further requested that staff be sure that the
plans meet the higher standards of the community.
Mayor Washburn requested that staff bring him the outline of
the new program for abatement, and at that time he would
present it to the Community as this is not just a problem of
the Council but community as well. He explained that he
wants the program to educate the community in what the City
is trying to accomplish.
Councilman Starkey stressed that once the buildings are
rehabilitated there should be good property management in
order keep the property from deterioratinq to the poir.t that
the City has to step in.
Mayor Washburn further directed staff to contact the Board oP
Realtors to see if they would assign a representative to sit
in on some of the meetings to get a feel for the problems and
possibly walk through units to better understand the
situation. He advised that Chief Building Official Shear is
currently working on an ordinance to address the
rehabilitation of structures during the selling process.
MOVED BY WASHBURN, SECONDED BY DOMINGUEZ AND CARRIED BY UNANIMOUS
VOTE TO DENY THE APPEAL AND STAFF TO ISSUE THE SECOND AND FINAL
NOTICE GIVING THIRTY (30) DAYS FOR THE OWNER TO ACQUIRE THE
NECESSARY PERMITS TO EITHER REHABILITATE OR DEMOLISH THE
STRUCTURE. AT TAE END OF THE THIRTY (30) DAY TIME PERIOD THE CITY
WILL HAVE THE JURISDICTION TO ABATE THE STRUCTURES.
CITY MANAGER COMMENTS -
None.
CITY COUNCIL COMMENTS
Mayor Washburn commented on Bungee Jumping and confirmed that it
is a confidence builder. He requested that staff work to find an
r:AG:~ EIGF;u - CITY COUNCIL MINUTES - JULY 23, 1991
`nnovativ~ solution to the Day Worker situation.
uLUSED SES~ION
P3 one .
ADJOURNMEN7'
MOVED BY Wi:N1CLER, SECONDED BY STARKEY AND CARRIED IIY UNANIMOUS
VOTE TO AU~ilURN THE CITY COUNCIL EETING AT 8:16 P.M. '
I~ I
J
~~~~~
GARY M WASHBURN, MAYOk
CITY LAKE ELSINORE
F~`! PTES T :
~~ ~~~~.{'"~
tiICKI KASAD, CITY CLERK
CITY OF LAK~. ELSINORE