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HomeMy WebLinkAbout10-13, 10-27-1981 City Council Minutes 7U CITY COUNCIL MEETING OCTOBER 13, 1981 The City Council of the City qf Lake Elsinore met in regular session on October 13, 1981. Meeting was called to order at 7:30 P.M. with Mayor Stewart presiding. The Pledge of Allegiance was led by Councilman Baldwin. Roll call reflected: Mayor Stewart, Councilman Torn, Councilman Unsworth and Councilman Baldwin present. City Manager Rede, Attorney Porter, Director of Building & Safety Frazier, Director of Planning Morrissey, City Engineer Kicak, Finance Director Lew, Director of Public Works Blackford, Clerk Edwards and Deputy Basch also present. At this time Redevelopment Agency was called to order by Chairman Unsworth. (see attached separate Redevelopment Agency munutes - October 13, 1981 - Ruth Edwards) . - Adjourned from Redevelopment to City Council #34A. Item #34. A. Patrick Callahan, 1402 West Lakeshore Drive - Request for Permit below l270'M.S.L. Director Frazier gave presentation. Councilman Baldwin questioned the need for specific item with discretion, set policies for such requests. Motion Councilman Baldwin to deny request. Motion died for lack of second. Motion Councilman Torn, second Mayor Stewart to approve request subject to, only an extension is being requested and execution of deed restriction as stated by Attorney Porter. Approved 4-0. At this time City Council adjourned to the Redevelopment Agency matters. City Council reconvened to the consent calendar. CONSENT CALENDAR On motion Councilman Torn, second Councilman Unsworth the following items were approved: 12. Barricades at Kuhns and Campbell Street - Informational 15. Supporting Senate Bill 215: Resolution No. 81-73 - approved 19. Application for Grant Funds under ROberti-z'berg Urban Open-Space & Recreation Program: Resolution 81-74 - approved 21. Monthly report of cash balances, receipts & Disbursements for June, July and August 1981. Received. 22. Set for public hearing (November 10, 1981) A. Conditional Exception 81-8 - approved 11. Councilman Unsworth questioned L.E.T.S. minutes. L.E.T.S. are not approved at this meeting. Councilman so noted and Motion Councilman Baldwin, second Councilman Torn to approve September 22, 1981 minutes. 13. Councilman Baldwin stated these items should not be placed upon the consent calendar. City Manager explained Councilman Unsworth requested this to be placed upon the calendar due to Councilman Unsworth wishing to speak and give presentation. So noted. 14. 14550 extension of time. Councilman Torn stated due to tract not being finished, additional conditions could be placed upon the map. Additional conditions are: 1. Owner/developer to deed all water rights to the City. 2. Assessment districts for lighting, landscaping and road maintenance be overlayed upon the tract. Motion Councilman Torn, second Council- man Baldwin. Extension granted with two additional conditions. 16. Councilman Baldwin requested this item be referred to Community Center Committee, not on Council agenda. 17. On Code Enforcement report, date to be read as September not October. Council will receive and file with correction. 18. Councilman Baldwin recommends approval of request and further authorizes staff to correspond with SBA indicating possibility of re-opening this R.V. site subject to site being conditioned to alleviate public health and safety problems in the event of total inundation, second Council- men Unsworth and duly approved. 4-0. 20. Question was raised on late billing of air fare shown on general demand. Director of Finance explained the billing was just received by the company. Motion Councilman Torn, second Councilman Baldwin to approve General Demand. Approved 4-0. 23. Lake Elsinore Valley Chamber of Commerce request to hold annual Christ- man Parade on December 5, 1981. Motion Councilman Baldwin, second Councilman Torn to approve. 24. Local newspaper - Sun/Tribune. Chuck Goldman, editor, introduced him- self and explained thenew location and publication dates. New rates .... .... r-- <:r :X) t-- '~ Q o -- ,...... '. 1 City Counc~l meeting October 13, 1981 Page two of publication were Councilman Unsworth per 1". Approved. ment bid of Tribune introduced also. Motion Councilman Baldwin, second to approve new rates of 219 per line and $2.90 Questions were raised concerning legal advertise- vs: Sun/Tribune. Attorney Porter to investigate. PUBLIC HEARINGS Item #23. Eminent Domain: A. Waste Water Disposal Plant Site. City Manager Rede requested additional time to work with Regional Water Control, E.V.M.W.D. and property owners. Councilman Baldwin requested this item be tabled. Public Hearing Opened at 8:25 P.M. and Closed at 8:26 P~M. with no one to speak. Motion Councilman Baldwin, second Councilman Torn to table this item, with staff to report on a monthly basis of progress. Tabled 4-0. Item #24. Conditional Exception Permit #81-7: Tiedemann. Staff gave presentation of requested variance to construct new addition to residence. Public hearing was opened at 8:27 P.M. Present to speak was applicant, Tom Tiedemann in favor. Hearing closed at 8:28 P.M~ Motion Councilman Torn, second Councilman Baldwin to approve requested variance. Approved 4-0. Item #25. Tentative Parcel Map #13708. Richard Brechtel. Staff gave presentation of map as denied in 1978 and new revised map submitted and approved by planning commission with eight conditions. Public hearing was opened at 8:30 P.M. and present to speak was Gary Ackers/representative. Public hearing was closed at 8:31 P.M. CounciL questioned the division of land with the parcel map procedures leaving large parcels to be re-subdivided at a later date. It was directed to the Attorney, if restrictions could be placed upon this map to restrict further divisions. Motion Councilman Baldwin, second Councilman Torn to table this map until report from City Attorney on prohibition of further division is given. Tabled 4-0. Item #26. Tract 15679: LakeView Development. Staff gave presentation of requested 46 unit condominium project. Public Hearing was opened at 8:35 P.M. Present to speak was John Gail/representative. Public hearing was closed at 8:37 P.M. Dis- cussion was held to need of the community for additional residential development cummulative zoning (restriction of use to R-3), traffic problems, open space and needed bus stop. Also discussed was condo- minium use vs; apartment use, needed striping of Grand Avenue. Staff to bring all ordinances (cummulative zoning) before this Council by next meeting; density and discussion of Planning Commission's capacity to screen and review project. Motion Councilman Torn, second Council- man Unsworth to approve Tract 15679 subject to: 1. Applicant shall meet all requestments of the County Fire Depart- ment including providing adequate fire flow and hydrants, and providing structures with non-flammable roofing. 2. Applicant shall meet all requirements of the City Engineer. 3. The applicant shall enclose the project with a six (6) foot high block wall of a type selected by the City Council. 4. The applicant shall submit a detialed landscape plan to the Plan- ning Department prior to the scheduling of a review by the Design Review Board. 5. Developer shall maintain maintenance bond as required under Tract 11048-1 (off sige improvements are existing) . 6. Applicant shall dedicate water rights for the tract to the City of Lake Elsinore. 7. Applicant shall submit to the Planning Department a copy of the final condominium documents, including those portions of the C, C and R's that apply to the conveyance of units, the assignment of parking, and the management of common areas within the project before approval of the final map. 9. The C C & R's shall include a provision prohibiting outside un- covered and unenclosed storage of boats, trailers, R.V.'s similar vehicles unless screened from view form public right-of-ways and trucks more than one ton rate of load capacity. 10. C C & R's shall contain the following language, "In the event the association or other legally responsible person(s) fail to main- tain said common area in such manner as to cause same to constitute a public nuisance, said City may, upon proper notice and hearing institute smmmary abatement procedures and impose a lien for the costs of such abatement upon said common area, individual units or whole thereof as provided by law." '12 City Council meeting October 13, 1981 Page three 11. The homeowner's association shall be established prior to the sale of the last dwelling units. 12. Membership in the homeowner's association shall be mandatory for each buyer and each successive buyer. 13. Letter of water availability from E.V.M.W.D. 14. All improvements to be designed by developers civil engineer to the specifications of the City. 15. Provide adequate drainage facilities. 16. Finding of no significant impact. 17. Issuance of a negative declaration. ... 18. Finding co compliance with present and future Elements of the General Plan yet to be adopted. 19. Provide for lighting and landscaping assessment district for property. Approved 3-1 (Mayor Stewart in objection). PLANNING COMMISSION Item #27. Annexation Request: Personal Investment Company. Staff gave presentation of requirements per Ordinance #349 for annexa- tion and R-l zone. Applicant is proposing zero lot line development for 42 lots to be R-2 zoning and R-3 zoning on the remaining 1.2 acres. Present to speak was James KimCann. Discussion was held to need for more residential units at this time, set policy for percolation tests due to possible inundation of septic systems into ground water tables. Planning Commission was unaware of letter for higher densities and zoning due to late arrival to Planning Department. It was a concensus of this Council to hold a joint study session between dht developers and Planning Commission on this proposal, November 5, 1981 at 7:30 P.M. Item #28. Special Permit #81-1: Robert and Reba Franke Staff gave presentation of requested use of existing apartment building providing room and board for adults and ambulatory aged. Motion Councilman Baldwin, second Councilman Unsworth to approve this requested use subject to: 1. Ladder shall be provided from the second floor on the street side of the structure. 2. Nonambulatory residents shall not be allowed on the second floor and only on the first floor when a second exit from a sleeping room to the exterior is provided. 3. All persons allowed a room on the second floor must meet the follow- ing conditions: a. The resident is not dependent upon a mechanical aid such as a walker, cane, crutches or a wheelchair. b. The resident is able to respond both physically and mentally to an audible or visual signal, or an oral instruction, and evacuate the building unassisted, in an emergency situation. c. The resident is able to utilize all escape routes identified in the facility's fire safety/evacuation plan, this includes doors, stairs and fire escapes. d. The resident is able to ambulate without the assistance of a mechanical aid, a reasonable districe in a brief period of time (i.e., evacuate the facility wihtin 30 seconds) 4. Interior stairway is marginal and necessitates provisions 1, 2 and 3 listed above. 5. All corrections per State inspection of August 1981 (1 hour fire corridor and other corridors). 6. Kitchen arrangement to be provided in accordance with Title 19 and/or Uniform Fire Code (UFC) 1979, with inspection through City Building Department. 7. Dining room shall provide second exit as defined by Building Code. 8. Automatic suppression system in hood above stove. 9. Smoke detectors in all Sleeping areas and all common hallways. 10. Emergency exit lighting to provide lights when loss of power occurs. (~.e., battery powered,) 11. Necessary ramps and walks, doorway, handrails, etc., for handicapped and non-ambulatory persons shall be provided. 12. Copy of current insurance policy to be on file at City Hall to pro- vide concurrence of opinion between City and owner. 13. Yearly staff review. 14. Require a special Inspector of the Building Department to inspect the interiors of each dwelling unit regarding heating, plumbing and electrical facilities so these can be up~aded to current standards if necessary. .... -- 13 City Council meeting October 13, 1981 Page four r- 15. Location of structure must meet current fire flows for areas as re- quired by County Department of Forestry (CDF). 16. Installation of reduced back flow preventive device to be inspected by Public Works and tested by a certified back flow operator. Item #29. Jan and Judy's Cocktail Lounge. Staff gave presentation of request by applicant for waiver of Capital Improvement Fees and street Improvement Fees. Discussion was held to policy of waiver on Capital Improvement Fees on hard- ship cases. Discussion on block wall was held and sanitary trash screening. Motion Councilman Baldwin, second Councilman Torn to approve requested waiver of Capital Improvement Fees and the fol- lowing conditions: 1. Riverside Drive. a. Dedicate to provide for 50 foot half street. b. Construct curb and gutter 38 feet from center line. c. Construct standard roadway between the new curb and street center line. 2. Joy Street. a. Dedicate to provide for 60 foot of right-of-way. b. Construct curb and gutter 20 feet from street center line. c. COBstruct standard roadway between the new curb and street center line. 3. Dedicate for a corner cutoff. 4. Install standard commercial sidewalk. 5. Install ornamental street lights. 6. Follow all recommendations of the Riverside County Fire Department. 7. Provide fire hydrants for fire protection as determined by the Rire Marshall. If necessary, extend and/or enlarge street mains to provide sufficient fire flow. 8. Submit plans for Riverside Drive to Cal-Trans. Riverside Drive is a State Highway and, therefore, the plans must be approved by the State of California Department of Transportation. And, prior to construction, an encroachment permit must be obtained from that agency. 10. All improvements shall be designed by the owners Civil Engineer to the specifications of the City. 11. Applicant shall submit a grading plan to the City Engineer for approval. 12. Applicant shall submit a revised plot plan with staff within two weeks :of Commission approval to review parking layout. 13. Finding of no significant impact. 14. Issuance of a negative declaration. 15. Trash enclosures to be approved by the Director of Planning. 16. Property line block wall (6 foot) to be installed upon both property lines. Item #30. Report on Progress of Donald A. Cotton and Associates on completion of General Plan. Presentation was given by staff on report from Planning Commission designating Commissioner Washburn to review with City staff all maps and reports submitted by Donald Cotton. Motion Councilman Baldwin second Councilman Unsworth to appoint Commissioner Wahsburn to re- view with City staff all maps and reports submitted by Donald Cotton and Associates. Approved 4-0. r- ~ ~ ~ '-:> o o At this time the City council adjourned to the Redevelopment Agency. City Council reconvened at 9:41 P.M. APPEALS BOARD Director Frazier gave presentation of this Council's request to be informed of all applicants/structures that have been ordered to be boarded to HUD/FHA Specifications. Within the report, it was outlined that six (6) structures were still in need of boarding. Motion Councilman Baldwin, second Council- men Unsworth to order board-up of structures to HUD/FHA specifications within 30 days or immediate demolition will be ordered on the 31st day. Approved 4-0. BUSINESS ITEMS Item #31. Second Reading of Ordinances: Ordinance No. 710. - Ambulance rates Ordinance No. 708. - Zone Change 80-4 74 Item #32. Item #33. Item #34. Item #35. Item #36. Item #37. City Council meeting October 13, 1981 Page five Motion Councilman Torn, second Councilman Unsworth to read Ordinance No. 710 by title. Mayor so read. Motion Councilman Baldwin, second Councilman Torn to approve Ordinance 710. Mayor Stewart - Aye Councilman Torn - Aye Councilman Baldwin - Aye Councilman Unsworth - Aye Approved 4-0. Motion Councilman Torn, second Councilman Baldwin to read Ordinance NO. 708 by title. Deputy so read. Motion Councilman Baldwin, second Councilman Torn to approve Ordinance 708. Mayor Stewart - Aye Councilman Torn - Aye Councilman Unsworth - Aye Councilman Baldwin - Aye Approved 4-0. Request for Reconsideration: E.L. Frazier, Owner, 15798 Grand Avenue. Director Dwayne Frazier gave presentation of owner's requat to pre- sent his own case before the Countil. Owner was present and spoke on existing foundation for garage and expense to re-locate above l270'msl. Discussion was held regarding sewer elevation, premit, raising of foundation and returned Capital Improvement Fees. Motion Councilman Baldwin second Councilman Torn to approve existing location for buil- ding, subject to foundation being raised five foot (sub-wall), deed restriction be recorded prior to Certificate of Occupancy issuance, return of paid capital improvement fees to City and connection to sewer be made. Owner was not in agreement with the return of capital improvement fees. Motion stands and this case to be so noted as not being a precedence. Machado Park tennis Courts: Suggestion for scheduling, maintenance and Improvements. Due to mis-use of Machado tennis courts it is suggested to place signs of use and instructions plus place gate latch and certical center straps. Staff to research the water pipe break. Motion Councilman Baldwin second Councilman Torn, signs to be made and placed on-site, vertical center straps to be installed, research to be conducted on water pipe break, and possibilities on placement of burn for diverting water. Requests for Permits below l270'M.S.L. b. Robert A. Vermillion, 31955 Corydon Road c. Water Stephenson, 90 Elm Street Director Frazier gave presentation of owner's request to alter/ repair homes below l270'MSL. Motion Councilman Torn, second Councilman Unsworth to approve, subject to deed restriction being recorded prior to issuance of permits. Approved 4-0. Housing Element. Staff gave presentation of housing element, planning commission additions, informational item, Community Development responses and future resolutions for adoption. Motion Councilman Baldwin, second Councilman Unsworth to approve staff recommendations on no major changes within the proposal that conceptual approval of the housing element to be given with the appendix portion be considered a working document indicating where the housing element should be revised and that there be an attachment in the form of an addendum to the element addressing the concerns and needs of the Department of Housing and Community Development. Direction was given by Councilman Baldwin to campare Median Family Incomes to Orange County first, Riverside Co. to be a secondary form of compairson. Approved 4-0. Request for Formation of Assessment District. Engineer Kicak gave presentation of assessment district. Motion Councilman Baldwin, second Councilman Torn to direct staff to correspond to property owners on per lot cost and how payment would be appropriated and explanation to owners if owners' are willing to be included within this assessment district, City would expend funds for this project. Total capital outlay not to exceed $1,000.00. Approved 4-0. Request for Waiver of Capital Improvement Fees: Mr. & Mrs. Douglas Roberts of 29355 Pinnell Street. Staff gave presentation of requested waiver of Capital Improve- ment fees due to fire damage. Motion Councilman Baldwin, second Councilman Unsworth to approve waiver of all fees related to Ordinance #572 with the stipulation that the dwelling should be the same related size. Approved 4-0. -- ..... ..., 75 City Council Meeting October 13, 1981 Page six ,- Item #38. Removal of mound and restoration of site: 51 Lakepark Street. Director Frazier gave presentation of Council request to re- move and restore 51 Lakepark street to natural state. Staff has tried to contact leasee, to no avail, and therefore owner has been cited pursuant to abatement procedures. Representing the owner was Attorney McCann. Motion Councilman Torn, second Councilman Unsworth to refer this matter to City Attorney for recommendations on removal of the mound and restoration of site to the natural state. 4-0. Item #39. Elsinore West Marina: Request of Irvin Palmer for Waiver of Ordinance No. 572 procedures. Director Frazier gave presentation and recommends to allow issuance of permits with absolutely no occupancy to be granted on the new construction until such time as all plans have been approved and required improvements have been installed, (Ordinance #572 section #1 Sub-section (c)). Motion Council- men Baldwin, second Councilman Unsworth to approve staff recommendations. Approved 4-0. Item #40. Application of Taxi Cab business License: Driggers. Staff gave presentation of request and Municipal Code require- ments to present before Council. Vera Mobbley-half owner of existing cab service, requested a moritorium on cab licenses within the City. Discussion was held. Ordinances were discussed pertaining to cab licenses. Motion Councilman Baldwin, second Councilman Unsworth to table this item until further information is provided. Tabled 4-0. Item #41. Lake Community Center: Rules, Regulations and Policies: Resolution #81-75. Presentation was given by Councilman Torn. Motion Councilman Torn, second Councilman Baldwin to approve Resolution #81-75. Item #42. Lake Community Center: Rates and charges: Resolution #81-76. Councilman Torn gave presentation. E.J. Carter asked questions concerning fees to be charged. Councilman Torn explained. Motion Councilman Baldwin, second Councilman Torn to approve Resolution #81-76. Approved 4-0. ~ 'JO ~ ~ o o PUBLIC COMMENTS (LIMITED TO (3) MINUTES) E.J. Carter questioned drilling wells and by-pass valves. Mayor Stewart asked Mr. Carter if he has any information that might be useful to this Council on by-pass valve to contact City Engineer Kicak. Mr. Carter refused. Motion Councilman Baldwin second Councilman Unsworth, City Engineer to correspond with Mr. Carter. Nina Hunter spoke regarding expenditures of funds for Disaster Agency and protection of Senior Citizens (A.I.D.). Discussion was held. Council so noted. Mr. Lee Allen questioned water conditions on Avenue #9. Engineer Kicak so informed Mr. Allen of water project and grant funding currently going to bid. Mr. John MacMury questioned the paving that had stoped on Chaney Street. Engineer Kicak to communicate with Mr. Mac Mury. ,.-. REPORTS AND RECOMMENDATIONS DIRECTOR FRAZIER reported there are currently 10-14 structures pending FEMA release and/or the decisions rendered tonight on demolition to still be accomplished. Director Frazier requested a change order to be made if extension is granted. Motion Councilman Baldwin, second Councilman Unsworth to approve change order subject to FEMA agreement. Approved 4-0. CITY MANAGER REDE requested resolutions of appreciation be given to the Orange County Sheriff's Department, Maryland State Police and Warden of the State Penitentiary for help capturing theperson responsible for the shootings of two local girls. City Manager also requested possible reward/contribution to the orphans and widows fund of these agencies. Concensus was given. COUNCILMAN UNSWORTH; reminder of study session on November 5, 1981 at 7:30 P.M. and Study Session on solid waste to be held on October 29, 7:30 P.M. Requested phone number of Salley Meisner A.I.D. Street and stop signs are now down on Lash and Gunnerson. Staff to so report. MAYOR STEWART requested striping to be done on Grand Avenue near Ortega Highway and Bonnis Lea. Staff to so report. 76 .' City Council meeting October 13, 1981 Page seven At this time a CLOSED SESSION was called. City Manager reported on 10% of Department Heads. (Employee's Association raised coverage along with 10% cost of living expenses). City Manager re- commended 10% Department Head cost of living raise to be retroactive to October 1, 1981. Motion Councilman Baldwin, second Councilman Torn to approve cost of living raise for department heads. Approved 4-0. With no further business at hand, motion Councilman Baldwin, second Councilman Torn to adjourn the regular City Council meeting at 11:25 P.M. Respectfully submitted, ~~h&d- Deputy City Clerk - CITY COUNCIL MEETING OCTOBER 27, 1981 The City Council of the City of Lake Elsinore met in regular session on October 27, 1981. Meeting was called to order at 7:35 P.M. with Mayor Stewart presiding. The Pledge of Allegiance was led by Councilman Baldwin. Roll call reflected: Mayor Stewart, Councilman Torn, Councilman Unsworth and Councilman Baldwin present. City Manager Rede, Attorney Porter, Director of Building & Safety Frazier, Director of Planning Morrissey, City Engineer Kicak, Finance Director Lew, Director of Public Works Blackford, Clerk Eswards and myself, Deputy City Clerk Basch. CONSENT CALENDAR On motion Councilman Baldwin second Councilman Torn the follwoing items were approved: ... 1. Minutes - October 13, 1981 2. Honoring Kelly Cartier: Resolution No. 81-78. 4. Chamber of Commerce Annual Christmas Parade Route 5. Authorize call for bids: A. Radio Equipment B. Construction of Pedestrian Bridge across Temescal Wash at Limited st. 6. Application for Taxi Cab Business License: L. Driggers 7. Waiver of Ordinance Procedures & Capital Improvement Fess: Wrn. Caryton, 52 Elm Street. 8. Request for Business License (Auction)Persepolis, Ltd. (Country Club) 9. Set for Public Hearing (November 24, 1981) A. Conditional Use Permit 81-17 10. Tract #18211: Extend Environmental Review Period Item #3. Motion Councilman Baldwin, second Councilman Unsworth to extend the donation to the Orange County Sheriff's Department and Maryland State Police to $100 dollars. Resolution 81-79 and donation approved 4-0. At this time the City Council adjourned to the Redevelopment Agency as a joiny Committed. City Council reconvened at 7:40 P.M. Item #51. Airport: Request for proposal (RFP) ... City Manager Rede gave presentation of Skylark Airport feasibility study to ~scertain affect and expansion upon adjacent uses and City services. Discussion was held to not addressing any specific parcels on this study. Motion Councilman Baldwin, second Council- man Unsworth to table this item until recommendations are incor- porated into RFP from the Southern CA Association of Government and Airport operators. Tabled to 11/10/81, 4-0. Item #52. Adoption of Housing Element Appendix: Resolution No. 81-81 and Ordinance. Staff gave presentation on Housing Element Appendix and necessity of adoption of two resolutions. Motion Council- man Baldwin, second Councilman Unsworth to approve Resolutions #81-81 and Resolution No. 81-83. Approved 4-0. Figures on Regional Housing allocation model to be forwarded when received Item #53. r-- ~ JO t-- '-:> A o Item #54. Item #55. Item #56. - Item #57. 17 City Council meeting October 27, 1981 Page two to Councilman Baldwin. Cummulative Zoning Ordinance: Ordinance NO.705 Attorney Pbrter gave presentation of proposed ordinance. Ordinance would pertain to annexations and zone changes after adoption, it would not pertain to curretnly zoned properties within the City. If inclusion within the existing City Limits is desired, individual notification to property owners and public hearings would be necessary. The cost of this ordinance is estimated to be $250.00 and mailing to property owners could range from $1,500.00 to $9,000.00 depending upon mail- ing requirements. Motion Councilman Baldwin, second Council- man Torn to concur with Attorney's recommendations. Staff to correspond with Housing and Community Development and Office of Planning and Research for guidance/solutions to correct zoning deficiencies and report on progress with up-date to be given in two weeks. Tabled 4-0. Motion Councilman Baldwin, second Councilman Unsworth to read Ordinance No. 705 by title. Deputy so read. Motion Councilman Unsworth, second Councilman Torn to approve 1st reading by the following roll call: Councilman Torn - Aye Councilman Unsworth - Aye Councilman Baldwin - Aye Mayor Stewart - Aye Approved 1st reading 4-0. Agreement between City and Community Development Corporation: Resolution 81-80. Staff gave presentation of residential rehabilitation programs from the State (50,000.00 loans and 7,500.00 grants) and need to adopt resolution format to identify City Council approval of the acti vi ty to the State. Motion Councilman Torn, second Councilman Unsworth to approve Resolution 81-80 and staff to correspond with CDC and LDC on approvals with cor- respondence to the citizens of Lake Elsinore from this agency (mass mailing etc..) to be forwarded to Council for review. Approved 4-0. Repair and Activation of the Water Well at the Public Works Yard. Director of Public Works gave presentation and recommendations. Motion Councilman Baldwin second Councilman Unsworth to approve repair and activate mineral water well, install four inch water line from the well to a metered delivery manifold outside the Public Works Yard. Also, to all department, financial impact to include budget impact with return estima- tions. Approved 4-0. Request for Permit to Repair Runway: Elsinore Parachute Center. Director Frazier gave presentation of requested garding, fill and dust controls. Manager Fred Austin gave presentation of request from owner, Mr. Istel. Motion Councilman Unsworth second Councilman Baldwin to approve issuance of permit and subject to the following: 1) Equal amounts of earth be removed to balance that which is added to the runway surface. 2) Certification by a Registered Professional Engineer be provided as proof. 3) Grading plan will not be needed if less than 50 cubic yards of earth is added as fill for compaction. 4) If more than 50 cubic yards are to be added, the standard permit procedures will be required to be met, ie., Grading Plan and approval, then permit issuance with conditions I and 2 still pending. 5) Runway surface shall be watered sufficiently to control figitive dust and sealed with materials that will be non-polluting to the Lake. (Staff qualifications). 4-0. Amicus Curiae (Friend of the Court) Participation by the City Attorney on behalf of the City: Resolution 81-84 Attorney Porter requests formal authority to join as amicus curiae on behalf of the City of Lake Elsinore in such appellant cases which are in the best interst of the City and in matters which might be of controversial substances, no action will be taken to join as amicus curiae, or Council guidance will be sought. Motion Councilman Baldwin second Councilman Torn to 78 City Council meeting October 27, 1981 Page three approve Resolution 81-84 and authorize Attorney Porter's recommendation/ request. Approved. Item #58. (A) Motion Councilman Torn second Councilman Unsworth to be read by title only. Deputy so read. Motion Councilman Baldwin second Council- man Torn to approve Ordinance No. 622 for final adoption by the following roll call vote: Councilman Torn - Aye Councilman Unsworth - Aye Councilman Baldwin - Aye Mayor Stewart - Aye Approved 4-0. (B) Motion Councilman Torn second Councilman Unsworth to be read by title only. Deputy so read. Motion Councilman Torn second Councilman Baldwin to approve Ordinance No. 706 for final adoption by the following roll call vote: Councilman Torn - Aye (NOTE: This increase would be for newly elected Councilman Unsworth - Aye Councilmen. Would not include current Council Councilman Baldwin - Aye seats, nor the up-comming Councilman to fill Mayor Stewart - Aye the remaining term of office for the vacant Approved 4-0. seat of City Council). Item #59. Elsinore West Marina - Request for Capital Improvement Fees relaxation. Director Frazier gave presentation and alternatives (4). Applicant, E. Palmer, was present and also gave presentation of his request for waiver of CIF on 101 new si.tes. (52 larger sites from existing 75 and 49 new proposed sites). Discussion was held concerning collection of fees pur- suant to 1978 structure, elevation of proposed/existing site with map location, justification of request due to hardship loss of sites and City policy on waiver of Capital Improvement fees due to said hardship. OWner stated, pursuant to Title #25, he..is proposing public reatroom facilities for 75 sites. Motion Councilman Baldwin that fees be collected in method #2 as per the 1978 method discussed and approved in minutes direction in the 1978 minutes for the entire area under permit totaling $14,225.00, second Councilman Torn. Applicant at this time also requested the amount be reduced toward the 75 sites that are being enlarged from the previous existing 52 sites. Discussion was held regarding Elsinore Marina. Due to lack of information, this request is tabled until further information is obtained for discussion. (11/iO/8l). Item #60. Request for vairance to aliliow storage yard in residential districk. King Video Company - Lee Daniher. Director Frazier gave presentation of request for use. Applicant requests approval of commercial storage yard on residentially zoned property until such time as a Conditional Use Permit has been approved/denied for this use. Conditional Use Permit has been submitted for processing. Discussion was held to non-conforming use and above ground gasoline tank that is currently empty. Motion Councilman Unsworth, second Councilman Baldwin to deny re- quest for variance, pending Conditional Use Permit. Denied 4-0. APPEALS BOARD .... ~ 1. 208 West Lakeshore Drive - Request of Mr. B. Warren. Director Frazier gave presentation of owner's request to obtain an extention of time until the State Department of Parks and Recreation has decided to purchase this pro- perty. Applicant was not present. Motion Councilman Torn, second Council- man Baldwin to deny request for time extension on demolition/Board up request. Jurisdiction to abate to be enforced. Denied 4-0. 2. 20701 Cereal - Request for reconsideration of Board - up order. Director Frazier gave presentation of applicants questioning board up order for all properties of residential. Discussionwas held to extent of repair upon the two hangars in question. Deed restriction is required before permit issuance. Slides of the problem in question (structural) ~ to be brought before this Council on 11/10/81. Motion Councilman Torn second Councilman Unsworth to table this item until 11/10/81 with extension given on boarding until said t~me. Discussion was held to readiness of deed restrictionl1beingavailable at that time. Attorney Porter stated this condition could be held to a later permit time. City Attorney to contact owner. Manager F. Austin-was present and questioned extension. Tabled 4-0. At this time City Council adjourned for a recess. City Council reconvened at 9:26 P.M. 19 City Council meeting October 27, 1981 Page four PUBLIC COMMENTS , , Mr. Robert Jabison questioned control in relationship to barking and loose dogs. ~ ~irl, Staff to so enforce. Jonnie Pearson requested the City Council grant funds for (.;:~~,g.,.- the Veterans Day Parade ($1,000). Discussion was held to 1979 and monies given ,~/~ at that time for the parade by Council and City Council budget that was set for Chamber of Commerce events. Monies should of been requested at that time for this event (1981-82 budget). Mr. Pearson stated in 1979, the City would handle the Veterans Day Parade within the future. Mayor Stewart ~ould request the minutes from 1979 in reference to handling of Veterans Day Parade; if action reflects the City's responsibility in handlement, Mayor Stewart would authorize $250.00 from the City funds IF it is matched ($250.00) by the Chamber of Commerce for the Veterans Parade (1981) and future events to be directed to the Chamber of Commerce. Approved 3-1 (Torn in Objection). Don Burnell requested street lights to be installed at Mission Trail and Railroad Canyon intersection, left turn land for Railroad Canyon entrance off of Mission Trail and street striping. Motion Councilman Baldwin second Councilman Unsworth for staff to use discretion on safety check of this intersection and install the street lights, left turn lane and striping if necessary. Approved 4-0. - 'l.. REPORTS AND RECOMMENDATIONS CITY MANAGER REDE requests the month of November designated as Veterans Month. Motion Councilman Baldwin, second Councilman Torn to approve resolution designa- ting the month of November as Veterans month. Resolution 81-82 approved. Tax exempt revenue bonds issued by County of Riverside. Riverside has asked if City would like the bonds in it's own behalf for use of availability of Lake Elsinore. City Manager so read Minute Resolution: -- '-- 'WHEREAS, the City of Lake Elsinore's Housing Element recognizes the provision of affordable housing as a primary need and identifies high mortgage interest rates as a primary obstacle; and WHEREAS, the County of Riverside is preparing to'issue mortgage revenue bonds as authorized by state and federal law, ~e proceeds of which are to be used to provide below-market rate home financing; and WHEREAS, the City Council of the City of Lake Elsinore may authorize the County of Riverside to allocate and administer funds for use within the City boundaries; r- NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lake Elsinore, California, hereby authorizes the County of Riverside to issue qualified mortgage revenue bonds in 1981, in an amount up to its entitlement under the federal Mortgage Subsidy Bond Tax Act of 1980, for qualified developers within its juriSdiction according to the Governor of California's Proclamation dated August 6, 1981, a copy of which is attached hereto and incorporated herein as Exhibit "A". IL- ' This approval is contingent upon ~verside County approving, packaging and issuing said bonds in a timely manner according to the guidelines of the Governor's Proclamation. BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to forward a certified copy of this resolution to the Riverside County Board of superv~so~s. - 80 City Council meeting October 27, 1981 Page five Motion Councilman Baldwin second Councilman Torn to approve Minute Resolution with invitation to be extended to 1st bond sale applicants by staff. Staff to so inform the 1st bond sale applicants. Approved 4-0. Request had been made from Elk's Club to expand the present Ordinance #564 to include pull tabs and punch cards for bingo purposes. Motion Councilman Baldwin second Councilman Torn to instruct Attorney to prepare ordinance for the next regular scheduled Council meeting for purposes of expansion/restructure of bingo and license fees. Approved 4-0. .,.;. \ DIRECTOR MORRISSEY informed the Council of the General Plan advisory Committee to meet 10/28/81 at 7:30 P.M., Planning Commissioners Conference to be 11/12/81 and Planning Commission joint City Council study session to be held on 11/5/81. COUNCILMAN TORN extended invitations to the public and council for the grand opening of the Community Center 11/7-8/81. Sign located within Gediman Park to be removed and returned to the installers. Weeds located on Joy and Riverside Drive are over-grown. Staff to so handle. Yard sale signs to be taken down and if possible, returned to the installers. COUNCILMAN UNSWORTH commen~ed due to numerous complaints and concerns, motioned Councilman Unsworth instructing City Attorney to prepare ordinance banning motor- ized hangliders from operating over and within the City Limits, second Councilman Baldwin. City Attorney to review and report on possible ordinance preperation relating to control of motorcycles on private property. Approved 4-0. MAYOR STEWART commented on Gediman Park light to be installed. Peck street near Drug store red insignia to be shortened. Noise Ordinance is forthcomming relating to the Lake. City Manager to handle Mary Eisenhower request concerning sidewalks on Acacia Street. Resolutions to be prepared to the Orange County Sheriff's Depart- ment - Gage and Kelly Cartier. To be presented at the next regular City Council meeting. Re-striping to be conducted within the vicinity of Ortega and Bonnie Lea. ....- '- At this time the City Council adjourned to a CLOSED SESSION regarding a legal matter. City Council reconvened at 10:32 P.M. Attorney Porter reported on Clarkson vs. Hultegen; Hultgen vs. City of Lake Elsinore. Attorney Porter recommended payment of one-half attorneys fees because of the potential future problems which might result if this matter continues. Motion Council- man Baldwin second Councilman Torn to approve payment of $2,237.00~ Approved 4-0. With no further business scheduled, motion Councilman Unsworth second Councilman Baldwin to adjourn the regular City Council meeting at 10:45 P.M. Respectfully submitted, L~ --v-r? /2 - - / ~/1' y---- //c:. (dC'~ Angela M. Basch Deputy City Clerk ~,