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HomeMy WebLinkAbout12-14-1982 City Council Minutes346 CITY OF LAKE ELSINORE REGULAR CITY COUNCIL MEETING TUESDAY, DECEMBER 14, 1982 CITY COUNCIL CHAMBERS 130 SOUTH MAIN STREET LAKE ELSINORE, CALIFORNIA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * CALL TO ORDER The regular meeting of the City Council was called to order at 7:58 p.m. by Mayor Unsworth. .o. Ms. Valenzuela announced today was the internment of Mr. Les Merrifield. Ms. Valenzuela requested a moment of silence. ROLL CALL The City Clerk called the roll: PRESENT: COUNCILMEIMBERS: KNIGHT, TORN, VA.LENZUELA, UNSWORTH ABSENT: COUNCILMEMBERS: MAC MURRAY Also present were: City Manager Rede, City Clerk Harrington, City Attorney Porter, Community Development Director Trevino, Finance Director Ronnow and Public Works Director /City Engineer Rubel. CONSENT CALENDAR The following items were removed for further discussion and consideration: Mr. Torn asked items 3 and 5 be removed. Ms. Valenzuela asked that item 7 be removed. Mr. Unsworth asked that-items 1 -B and 1 -F be removed. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE BALANCE OF THE CONSENT CALENDAR. amp 1. Mir A. B. C. D. E. F. lutes: November November Consent November November November November from the 22, 1982 22, 1982 ,alendar. 23, 1982 24, 1982 29, 1982 29, 1982 Consent - Special Meeting: Approved as presented. - Study Session and Special Meeting - Removed from the - Regular Meeting: Approved as presented. - Adjourned Regular Meeting: Approved as presented. - Adjourned Adjourned Meeting: Approved as presented. - Joint City Council /Planning Commission Meeting: Removed Calendar. 2. Warrant List - November, 1982: Approved warrant Nos. 17215 through 17443 in the amount of $420,685.04. 3. Agreement between City and YMCA regarding Use of the Community Center: Removed from the Consent Calendar. 4. Street or Alley Dedications - Downer: Council accepted the agreement and authorized the City Clerk to record with the Riverside County Recorder's Office. The property is located at 18301 Collier Avenue, a portion of Assessor Parcel Number 377 - 120 -006. 5. Street Improvement Agreement - Lacayo: Removed from the Consent Calendar. 6. Approval of Final Map - Tract 17222 on Highlands Road and Lake Vista Drive: Council approved the final map, accepted the offer of dedication of the streets shown on the map for public purposes and all subsurface water rights; authorized the City Clerk to sign the map on behalf of the .City and to cause the recordation of the map and accept the Performance and Payment Bonds in the amounts of $178,845.00 and $89,422.50 respectively. 7. Lake Community Center Building Expansion: Removed from the Consent Calendar. 8. Animal Control Monthly Report - November, 1982: Accepted as an informational item. 9. Code Enforcement Monthly Report - November, 1982: Accepted as an informational item. 347 Page two C'ty Council Minutes December 14, 1982 CONSENT CALENDAR - Continued. 10. Building & Safety Monthly Report - November, 1982: Accepted as an informational item. 11. Fire Safety /Housing Monthly Report - November, 1982: Accepted as an infor- mational item. 12. Set for Public Hearing for January 11, 1982: Approved. A. Conditional Exception Permit 782 -6 - Mobil Oil B. Conditional Exception Permit 782 -7 - Barrick ITEMS REMOVED FROM THE CONSENT CALENDAR 1 -B Minutes of November 22, 1982 - Study Session and Special Meeting: Mr. Unsworth asked that Riverside Street, not Riverside Drive become a Secondary Road. T 1 -F Minutes of November 29, 1982 - Joint City Council /Planning Commission Meeting: f.. Mr. Unsworth asked there be further clarification on the location of property �• to be reclassified from Public Use, that it be stated it is located behind City Hall on the hill by the Water Tank. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE MINUTES OF NOVEMBER 22, 1982, (STUDY SESSION AND SPECIAL MEETING) AND NOVEMBER 29, 1982, (JOINT CITY COUNCIL /PLANNING COMMISSION MEETING) AS CORRECTED. 3. Agreement between City and YMCA regarding Use of Community Center Mr. Pearson felt there should be an explanation of what the YMCA will be doing and what activities they will be providing. Mr. Pearson felt there should be a public hearing on the matter. Mr. Torn felt the citizens of Lake Elsinore are looking for more recreation and the City is looking for someone to implement programs which will utilize the City's facilities to their fullest extent. Mr. Torn asked the item be table until a study session can be held on the item. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TAKE NO ACTION AT THE PRESENT TIME AND SET A STUDY SESSION ON THE MATTER. 5. Street Improvement Agreement - Lacayo Mr. Torn stated normally street improvement agreements are made if there is a reason the street improvements can not be installed at the time of con- struction. The improvements are normally put in on demand of the city also. Mr. Rubel stated these would be the only improvements on the street. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT AN AGREEMENT BE ENTERED INTO WITH RUDOLPH J. LACAYO AND THE CITY BUT THAT THE IMPROVEMENTS BE PUT IN UPON DEMAND OF THE CITY. 7. Lake Community Center Building Expansion. Mr. Knight felt the expenditure of an additional $2,000 for engineering plans would not be money well spent. Mr. Torn asked if the city could delay the installation of the storeage room and go along with the installation of the kitchen facilities. Mr. Rede stated this could be done, the primary interest at this time is time and deadlines with the grant. Mr. Rubel stated with the revision of the plans there will be some features which will be eliminated and set up the bid schedule to allow the elimination of some interior finish if cost must be reduced. Discussion was led on doing the Community Center Improvements in phases, such as: 1) Kitchen; 2) Kitchen Equipment and 3) Storage Facilities. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO DIRECT THE DIRECTOR OF BUILDING AND PLANNING REVIEW AND SUBMIT AN ALTERNATIVE PLAN 1) BUILD THE ADDITION WITH OUR OWN FORCES UNDER AN OWNER /BUILD ER PLAN OR IN 1 U40 Paoe three City Council Minutes December 14, 1982 CONSENT CALENDAR - Continued. ITEMS REMOVED FROM THE CONSENT CALENDAR - Continued. 7. Lake Community Center Building Expansion - Continued. DEVELOP A VIABLE SOLUTION TO ACCOMPLISH THE ADDITION AND REPORT BACK WITHIN ONE WEEK FROM TONIGHT'S MEETING. MR. TREVINO WILL WORK WITH A SUB - COMMITTEE TO BE MADE UP OF ARTA VALENZUELA AND LARRY KNIGHT. Mr. Rede reported that staff had spent a considerable amount of time researching whether or not the city could work as an owner /builder on this type of a project and it was determined there would not be any substantial savings and would require d verting key staff from what they are doing presently. PUBLIC HEARINGS 31. Zone Change #82-12: Butterfield Savings and Loan from R -3 to C -1, located 250 feet northerly of intersection of Lakeshore and Riverside Drive. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Zone Change #82 -12. Mr. Trevino reported the Planning Commission has reviewed a request to rezone two (2) contiguous 25' x 94' parcels and one (1) 50' x 94' parcel lying adjacent to commercially zoned property at the intersection of Lakeshore Drive and Riverside Drive from R -3 (Multi - Family Residence) to C -1 (Limited Commercial). The zone change was requested to enable the applicant to utilize the property as a portion of a commercial banking facility. The Planning Commission has found the proposal to be in con- formance with the existing and proposed General Plan. Mayor Unsworth opened the public hearing at 8:25 p.m. asking those in favor of the project to speak. Jack Anderson, representing Butterfield Savings and Loan, 157 South Terra Cotta, Lake Elsinore, asked the Council to approve the application. Dick Murphy, local real estate salesman, spoke in favor of the project. Mayor Unsworth asked if anyone would like to speak in opposition to the zone change. No one asked to be heard. Mayor Unsworth closed the public hearing at 8:30 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE ZONE CHANGE 82 -12 SUBJECT TO THE FOLLOWING FIVE CONDITIONS: 1. SUBMITTAL OF AN ACCURATE LEGAL DESCRIPTION FOR THE PROPERTY TO BE ZONE CHANGED. 2. ADOPTION OF ORDINANCE FOR ZONE CHANGE. 3. A FINDING OF CONFORMANCE TO EXISTING AND PROPOSED GENERAL PLAN. 4. A FINDING OF NO SIGNIFICANT IMPACT UPON THE ENVIRONMENT. 5. ISSUANCE OF A NEGATIVE DECLARATION. 32. Conditional Use Permit #82 -9: R. R. Johnston, request to locate a mobile home as a Caretaker's Residence on Corydon Road. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of R. R. Johnston. Mr. Torn stated Mr. Johnston had asked him earlier in the evening if the Council would continue the hearing to another day. Mr. Trevino reported on November 2, 1982, the Planning Commission held a public hearing and reviewed a request to locate a mobile home as a caretaker's residence. Originally, this mobile home was allowed to be placed adjacent to Corydon Road under a 1975 Conditional Use Permit. Though the mobile home �3 t� 349 Page four City Council Minutes December 14, 1982 PUBLIC HEARINGS - Continued. 32. Conditional Use Permit #82 -9 - Continued. had been displaced by the March, 1980 flood, much activity has occurred on the property the last two and one -half years. Staff stated to the Commission that the request to locate the mobile home cannot be reviewed without considering the existing facilities and activities on the property. Mr. Trevino stated because of the significant commercial ultralight activity on the property, including open storage, take -off and landing, sales and service, the Commission felt that the Conditional Use Permit application should be denied and re- directed to City Council for consideration. Upon investigation, it was found that Perris Valley Ultralights had obtained a business license for an ultralight sales and service only at 16876 Lakeshore Drive and that business license expired June 20, 1982. Because of the activities involved, staff had originally informed the applicant that a conditional use permit would be needed for the Corydon Road operation. No such application was filed and Valley Ultralights (a new name) continues to operate without benefit of City approvals. Mayor Unsworth opened the public hearing at 8:34 p.m., asking those in favor of the project to speak. Dee Uhler, living at the end of Joy Street, stated if this request is approved she would like to locate a trailer on her property because of all the dumping that is occuring on it. Mayor Unsworth asked if anyone would like to speak in opposition to the trailer request. No one asked to speak. Mayor Unsworth closed the public hearing at 8:35 p.m. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO TABLE INDEFINITELY. 33. Conditional Use Permit #82 -12: Heritage Thrift and Loan, temporary office trailer at Stater Bros. on Mission Trail Road. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Heritage Thrift and Loan. Mr. Trevino reported on December 7, 1982, the Planning Commission reviewed a request for the utilization of temporary office trailer on a vacant 29,900 square foot parcel on Mission Trail. The 12' x 48' trailer would be used for a period of one (1) year as a thrift and loan facility while the per- manent structure is being constructed. Because of septic tank problems at Stater Brothers, the Commission recommended that sewage disposal be in the form of a holding tank for the facility. The Commission also recommended that the applicant be assessed a fair share for the signalization of Railroad Canyon Road /Mission Trail. Mayor Unsworth opened the public hearing at 8:37 p.m. asking those in favor of the project to speak. No one asked to speak. Mayor Unsworth asked those in opposition to the temporary office trailer to speak. No one asked to speak. Mayor Unsworth closed the public hearing at 8:37 p.m. Discussion was led on what the fair share of the signalization of Mission Trail and Railroad Canyon Road should be. The Planning Commission felt it should be by assessment or all businesses pay their proportionate share. Mr. Knight asked if the trailer was on site at this time. Mr.' Trevino stated the trailer was not on site. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CONDITIONAL USE PERMIT X82 -12 SUBJECT TO TEN CONDITIONS RECOMMENDED BY STAFF PLUS THE FOLLOWING ADDITIONAL CONDITIONS: 350 Pace five City Council Minutes December 14, 1982 PUBLIC HEARINGS - Continued. 33. Conditional Use Permit #82 -12 - Continued. CONDITIONS OF APPROVAL - CONTINUED. 11. APPLICANT TO PROVIDE SEPARATE HOLDING TANK FOR TRAILER AND MAKE NECESSARY ARRANGEMENT WITH EVMWD TO BE TIED INTO THE REGIONAL SEWER TREATMENT PLANT. 12. APPLICANT BE ASSESSED FAIR SHARE OF SIGNALIZATION. 13. ALL APPLICABLE PUBLIC SAFETY FEES TO BE COLLECTED. 34. Tentative Parcel Map 18811: Butterfield Surveys, Inc. - located at the Northeast Corner of Railroad Canyon, Mission Trail and South of Frontier Road. Mayor Unsworth announced this was the time and place for a public hearing pursuant to the application of Butterfield Surveys, Inc. for Tentative Parcel Map 18811. Mr. Trevino reported on November 2, 1982, the Planning Commission held a public hearing and reviewed Tentative Parcel Map 18811. This land division application proposes to create one (1) .6 acre parcel adjacent to Railroad Canyon Road and two (2) .3 acre parcels on a site which an existinq mobile home sales lot is located. The Tentative Parcel Map will allow the applicant to create three (3) usable commercial parcels from portions of several odd shaped and basically unusable existing parcels. Mayor Unsworth opened the public hearing at 8:44 p.m. asking those in favor of the project to speak. Fred Crowe, Butterfield Surveys, 620 W. Graham Avenue, stated his client is in agreement with the conditions of approval set by the Planning Commission. Mr. Crowe stated he did not feel the property could bare its proportionate share of the signalization. Mr. Torn stated there was not mention of street lighting or lighting and landscaping districts in the report by staff. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE TENTATIVE PARCEL MAP 18811, SUBJECT TO STAFF RECOMMENDED CONDITIONS PLUS THE FOLLOWING ADDITIONAL CONDITIONS, WITH THE DELETION OF CONDTION 9 & 14: 19. INSTALLATION OF STREET LIGHTING. 20. FORMATION OF LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT. 21. PAY APPLICABLE PUBLIC SAFETY FEES. 22. PARTICIPATION IN THE FUTURE SIGNALIZATION OF MISSION TRAIL AND RAILROAD CANYON ROADS. Mr. Torn stated the assessment on the signalization of Mission Trail and Railroad Canyon Road would be based upon benefit. 35. Adoption of the General Plan Staff asked the Council to adjourn into Closed Session to discuss a legal matter pertaining to the General Plan. Council concurred and adjourned at 8:50 p.m. Council reconvened at 9:26 p.m. Mayor Unsworth opened the public hearing on the General Plan at 9:26 p.m. asking those who would like to speak to the Plan to do so. mow Dick Murphy, 18356 Sanders, stated he is involved in a parcel involving a 1912 subdivision map which is cut into high density use and is asking this be kept as high density because of its nearness to the freeway and the buffer zone between the Deon Corp. It is between Franklin and Main Streets. Judy Farrenburg, 32308 Mission Trail, spoke to the Gateway Annexation.Area presently outside the City under consideration for annexation to the City, stating the General Plan is going to lower the density and did nct feel this would be favorable to the landowners. Mr. Torn stated we have overlooked the pre- annexation zonings and the map does not coincide with action the Council has taken previously. 351. Page six City Council Minutes December 14, 1982 PUBLIC HEARINGS - Continued. 35. Adoption of the General Plan - Continued. Mr. Henshaw stated based on what has been said, there were pre- annexation hearings on the area and with direction he will re -color the map and re -do the matrixs in the General Plan. Mayor Unsworth closed the public hearing at 9:38 p.m. Moved by Torn, seconded by Valenzuela that the area the City designated as the Gateway Annexation be designated as low- density in the General Plan. (Motion and second withdrawn). Mr. Porter stated staff has reached a technical snag and asked for time to discuss the matter. Permission was granted by the Council. Mr. Torn stated there were a couple of subdivisions in the area Mr. Murphy Q was speaking to and asked Mr. Crowe to give the Council any additional in- formation he may have. Mr. Crowe stated he believes there are two subdivisions in the area Mr. Murphy was speaking to with Mr. Murphy owning a portion of one of the subdivisions. Mr. Murphy stated there is a ten acre parcel that is a part of the 1912 sub- division, there are 30 acres altogether, he owns 20, 10 acres were sold to another ownership that goes up along the ABC Heritage Road. There is at present 30 acres that was zoned into the 25' x 100' lots. There are 40' of the streets already cut into the subdivision. Mr. Porter reported there are very specific procedures that have to be followed when any changes are made to the General Plan. If the Council were to change anything to do with the Gateway Annexation Area, the matter has to be referred back to the Planning 'Commission to receive their input before the action can become final. In view of the deadline in which the General Plan must be adopted,tonight, it is not possible to make the change on the map. Mr. Porter stated Council has made its intentions very clear to staff and eventually the General Plan will have to come into conformance with the Pre- Zoning of the Gateway Annexation, as opposed to changing the zoning to con- form with the General Plan. Staff recommended the Council direct staff to see that all the appropriate procedures are taken such as when the annexation comes before the Council the present pre- zoning will be in compliance with the General Plan. In this manner the Council will show its intent to preserve the present pre - zoning and yet be able to consider the adoption of the General Plan. Councflmember Torn withdrew his motion. Councilmember Valenzuela withdrew her second. Mr. Torn feels that Mr. Murphy's property should be a high density use, he felt the subdivision should be developed in its entirety, not each indiv- idual parcel. Mr. Torn stated he would prefer the change to come back at the same time as the Gateway Annexation area. -MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO PROCESS MR. MURPHY'S REQUEST THAT THE FIRST AVAILABLE DATE THAT THE CITY PROCESS HIS GENERAL PLAN--AMENDMENT. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE AND ADOPT THE RESOLUTION ADOPTING THE GENERAL PLAN, INCLUDING THE LAND USE ELEMENT, CIRCULATION ELEMENT, ENVIRONMENTAL RESOURCES MANAGEMENT ELEMENT, NOISE ELEMENT, COMMUNITY DESIGN ELEMENT, LAND USE MAP AND OVERLAY ZONE MAP NO. 1 AND OVERLAY ZONE MAP NO. 2. RESOLUTION NO. 82-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, ADOPTING A COMPREHENSIVE GENERAL PLAN. Ms. Valenzuela went on record as voting on the General Plan as she knows the seriousness of it not being passed tonight, as of this date, the reason she is voting on it is to save many problems and the stoppage of all construction that is so badly needed in our valley. ',Is. Valenzuela is in accordance with 90 352 Page seven City Council Minutes December 14, 1982 PUBLIC HEARINGS - Continued. 35. Adoption of the General Plan - Continued. of this plan, but will work diligently to change the area that she can not bring herself to fairly and justly agree with as so adopted,if adopted. Mayor Unsworth called for the question on the motion at this time. The motion passed unanimously. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE GENERAL PLAN WITH THE ATTACHED STATEMENT OF OVERRIDING CONSIDERATIONS. STATEMENT OF OVERRIDING CONSIDERATIONS CERTAIN SIGNIFICANT EFFECTS TN THE ENVIRONMENT HAVE BEEN IDENTIFIED IN THE FINAL E.I.R. WHICH CANNOT BE MITIGATED. THE CITY COUNCIL HAS ADOPTED THE GENERAL PLAN, EVEN THROUGH SUCH SIGNIFICANT EFFECTS ARE ANTICIPATED TO OCCUR, FOR THE FOLLOWING REASONS: (1) STATE LAG! REQUIRES EACH CITY TO ADOPT AND IMPLEMENT A GENERAL PLAN; (2) THE SIGNIFICANT EFFECTS WILL BE LESS DETRIMENTAL TO THE PUBLIC THAN THOSE EFFECTS THAT WOULD RESULT IN THE ABSENCE OF A GENERAL PLAN; (3) ALL REASONABLE ALTERATIONS AND MITIGATION MEASURES HAVE BEEN INCORPORATED IN THE GENERAL PLAN AND FINAL E.I.R.; (4) ALTERNATIVES TO THE PROPOSED GENERAL PLAN HAVE BEEN CONSIDERED; AND (5) THE GENERAL PLAN PROVIDES FOR THE REASONABLE AND ORDERLY DEVELOPMENT OF LAND WITHIN THE CITY, PROVIDES FOR THE PROVISION OF THE PUBLIC FACILITIES, PROVIDES FOR THE PROTECTION OF LIFE AND PROPERTY RESULTING FROM NATURAL DISASTERS. COUNCIL CONCURRED TO TAKE A BREAK AT 9:59 P.M. COUNCIL RECONVENED AT 10:04 P.M. BUSINESS ITEMS 51. Presentation by State of California Energy Commission Mr. Michael Smith, Office of Small Power Producers, State of California and Mr. Gene Culver from the Geo -Heat Center at the Oregon Institute of Technology discussed with members of the Council, staff and citizens the potential for using the abundant, low- temperature geothermal resources located in the valley. Mr. Culver and Mr. Smith presented a slide show illustrating the applications most adaptable to low- temperature resources and the type of equipment necessary for conversion from conventional fuels. 52. Request for Waiver of Conditional Exception Permit - Stellrecht /Crowles Mr. Trevino reported the applicants have been directed by staff to obtain a Conditional Exception Permit (variance) or submit revised plans for a 44 lot, single - family residential tract. The plot plan for this project indicates fireplace structures encroaching into the required side yard setback. The project is located within the R -3 (Multi- Family) Zoning District, which requires a minimum side yard setback of five (5) feet. The main structures have been situated five (5) feet back from the side property lines, however, the fireplaces encroach eighteen (18) inches into the side yeard setback area. Mr. Trevino stated the applicants have requrested a waiver from the conditional exception process and an interpretation of the Code. If this first request is not granted, the applicants request expeditious prcessing for a conditional exception application permit in the form of a directive to the Planninq staff to advertise simultaneously for both Planning Commission and City Council. Staff has determined that a fireplace extending from the qround to the roof is part of the main structure and subject to the main dwelling setback re- quirements of five (5) feet. 504i) Page eight City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 52. Request for Waiver of Conditional Exception Permit - StellrechtJCrowles - Cont'd. Wel Buck, 2961 Elm Lane, stated there are a number of housing tracts throughout the city where fireplaces have not been considered a part of the main house structure. Mr. Torn asked if the city has allowed this type of exception in the past. Mr. Trevino stated the city has allowed this in the past, however his inter- pretation is that it is not an acceptable architectural projection. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT IT IS A FINDING THAT FIREPLACES ARE AN ARCHITECTURAL PROJECTION AND THAT THE ORDINANCE SHOULD BE AMENDED TO REFLECT THIS. 53. Grading Plan for Jim Magill - property located at Iowa Street and Lakeshore Drive Ca: Mr. Rubel reported the existing elevations on the lot upon which the Grading �`- plan is requested is located on Assessor Parcel No.'s 379 - 216 -001, 002 and 003. The existing elevations on the lot vary from 1262.6 to 1268'. The site is zoned Commercial (C -1) and the Zoning Code would allow residences to be constructed on this lot. The proposed grading plan proposed placing 2,508 cubic yards of fill on the lot and raising the finish surface approximately four feet, to an average elevation of 1269 to 1270. Approximately 75`0 of the site is presently within the 100 year flood plain or below elevation. Mr. Rubel reported that due to Ordinance 603 and 711 and the established City Council policy of prohibiting fill below the elevation of 1265', this request is before the City Council for determination. Jim Magill, owner of the property at the corner of Lakeshore Drive and Iowa Street, stated he understands the concern of the City Engineer and Planning Department that it is his intent to use the property for residential development. Mr. Magill stated he does not intend to use the property for residential use and does not object to putting a restriction on it that it be used for commercial purposes. Mr. Porter stated the Council needs to bear in mind the reason there are re- strictions on the property in relation to fill is because the Federal Flood Insurance regulations provide that the City can not allow such an amount of fill that will raise the water levels one foot. Mr. Unsworth stated it should be noted that there is a dike on the property that helped divert the flood waters of 1980 around his property. Mr. Magill stated the ordinance states you can fill if it does not raise the level of the lake one (1) foot. The amount of fill he is requesting will not raise the level of the lake. Mr. Torn felt that fill should not be allowed until the Council knows what amounts of fill will actually raise the level of the lake. MOVED BY TORN, SECONDED BY KNIGHT TO DENY THE REQUEST. (MOTION FAILED) AYES: TORN NOES: KNIGHT, VALENZUELA, UNSWORTH ABSENT: MACMURRAY MOVED BY VALENZUELA, SECONDED BY UNSWORTH TO APPROVE THE REQUEST. (MOTION FAILED) AYES: VALENZUELA, UNSWORTH NOES: KNIGHT, TORN ABSENT: MACMURRAY Council concurred to put this item on the next agenda when there would be a full Council. �5 Page nine City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 54. Appeal of Plumbing Code Requirements - Ronnie's Sandwich Shop Mr. Trevino reported that Ronnie's Sandwich Shop, 31361 Riverside Drive is changing ownership. This shop does not, at present, have a crease trap. The agent for the owner, Mr. Evitt, is requesting a waiver from the Plumbing Code requirements which require grease traps to be installed and functioning in places where food is dispensed for public consumption. Mr. Trevino stated the Council needs to declare themselves the Appeals Board on this item. Mr. Trevino reported there have been problems with grease in the city's sevier lines in the area of Ronnie's Sandwich Shop. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY THAT THE COUNCIL DECLARE THEMSELVES THE APPEALS BOARD. Wally Borchard, Sewer Plant Operator, reported the lift station that services the area of Ronnie's Sandwich Shop has had an extensive problem with grease build -up and is causing an increased maintenance problem. Melvin Evitt, 38160 Via La Cocina, Murietta representing the owners of the sandwich shop, stated the owner will be conducting business identical to the previous owners. The grease in the shop is recycled, and little if no grease goes into the city's sewer system. Mr. Trevino reported when there is a change of ownership, the full force of the code must come into effect. We are dealing with Health and Safety factors which will effect our sewer lines and their maintenance. Mr. Unsworth felt that only new businesses should be effected or all businesses should be made to come up to code. Ms. Valenzuela felt that if we require one business to come up to code, the Council should require all the businesses to come up to code within a given time period. Mr. Porter suggested that if the Council approves the waiver the rational be that it is a change in ownership and it is a continuing use of the premises. However, if a business closes for 30 days, then is reopened, then that business should come up to code. Mr. Porter further suggested that staff come up with an ordinance requiring all businesses to come up to code, however, with a large amount of time for the owners to do whatever work is necessary to bring it up to code requirements. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT BECAUSE THIS IS AN EXISTING AND CONTINUING USE, THAT THE GREASE TRAP NOT BE REQUIRED. AYES: TORN, VALENZUELA, UNSWORTH NOES: KNIGHT ABSENT: MACMURRAY Mr. Torn suggested the Council sit down in a study session to discuss whether the City would want to bring buildings up to code at the time of change of ownership. Council concurred with no date set. Discussion was led on what the procedures were for bringing rental units up to code. It was discussed that this item was to come back before the Council after the General Plan was adopted. Mr. Porter asked the Council for direction to staff that all existine and continuing uses at the change of ownership would not require the installation of grease traps. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED THAT UNTIL THE COUNCIL REACHES A DECISION ON BRINGING BUILDINGS UP TO CODE AT THE CHANGE OF OWNERSHIP THAT ANY CONTINUING USE WILL NOT BE SUBJECT TO BEING BROUGHT UP TO CODE BUT IF THE USE LAPSES FOR THIRTY (30) DAYS OR IMORE IT SHOULD BE TREATED AS NEI,! CONSTRUCTION. S5D Page Ten City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 55. Request for occupancy of motorhome and cab - over - camper as security for Christmas tree sales lot adjacent to 32260 Mission Trail. Mr. Rede recommended the Council allow occupancy of the motorhome as sales office /security and formal application with accompanying fees be received within five (5) days and prohibit the use and occupancy of cab - over - camper. Mr. Gibson, tree salesman from Oregon, stated nothing was said about the occupancy of the cab - over - camper and motorhome at the time he obtained his license. Mr. Gibson stated the property will be cleaned up after the sales have concluded. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED TO ALLOW OCCUPANCY OF MOTORHOME AS SALES OFFICE /SECURITY UNTIL THE USE EXHAUSTS THE PURPOSE AND INTENT WHICH WOULD BE DECEMBER 26, 1982. Mr. Knight stated that he will not at any time in the future give approval to an item or request after the fact. Council concurred to make a policy statement that they will not give approval ^-� P Y 9 p p to items or requests after the applicant has already started the use -for'whtch s7 he is requesting. Ms. Valenzuela asked for staff clarification of storage of vehicles on private property. Mr. Rede will obtain the information for Ms. Valenzuela. 56. Resolution making findings on petition to construct public improvements by Assessment (Parcel Map 16,000). Mr. Rubel reported on April 14, 1982, the City Council approved an extension of time to April 20, 1983, for Tentative Parcel Map 16,000. This is the pro- posed Warm Springs Industrial Park located at Collier Drive and Central Avenue. Adoption of the resolution initiates the assessment proceedings which will provide for construction of all necessary public facilities for the industrial park costs to be assessed against the parcels within the boundaries of Parcel Map 16,000. The developer will provide a sewage treatment facility on an adjacent 10 acre parcel. The sewage treatment facility and effluent disposal plant has been approved by the Regional Water Quality Control Board. The 10 acre treatment plant site will be under control of the City of Lake Elsinore and the City will operate and maintain the treatment plant. Provisions will be made for costs of treatment plant operation and maintenance to be charged to the lot owners within the parcel map boundaries. The developer anticipates that eventually the sewage from this development will be discharged into a Regional or City treatment facility and the 10 acres of property would then be quit claimed back to Warm Springs Associates. Max Sloan, Berryman and Stephensons, Inc. consultants to governmental agencies gave information regarding what services his company can provide to the City. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO ADOPT THE RESOLUTION MAKING FINDINGS ON PETITION AND APPOINT BERRYMAN AND STEPHENSON, INC. AS ASSESSMENT ENGINEERS, AND THAT BERRYMAN AND STEPHENSON BE DIRECTED NOT TO DO ANY WORK UNLESS FUNDS ARE DEPOSITED WITH THE CITY TO COVER THE WORK TO BE DONE. RESOLUTION NO. 82 -84 RESOLUTION OF THE CITY COUNCIL MAKING FINDINGS ON PETITION. , 1 5 Page Eleven City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued. 57. Request for Permanent Residence of Auto Dismantling Yard for Guy Taylor, located at 17185 Collier Avenue. Mr. Trevino reported at the regularly scheduled meeting of the City Council on December 8, 1981, Mr. Taylor reapplied to continue an existing dismantling yard on M -1 (Manufacturing District) property. The City Council continued the existing conditional use permit until December 31, 1982. The applicant received initial approval from the City Council on April 7, 1974, .� through the conditional use permit procedure for a period of five (5) years. MOVED BY TORN, SECONDED BY VALENZUELA, AND CARRIED TO APPROVE STAFF RECOM- MENDATION TO DIRECT MR. TAYLOR TO FILE FOR A CONDITIONAL USE PERMIT WITH THE PLANNING COMMISSION. AYES: TORN, VALENZUELA, KNIGHT NOES: UNSWORTH ABSENT: NONE 58. Korn Memorial Scholarship Procedures Mr. Ronnow stated in 1972, the City of Lake Elsinore became trustee for the Adolph Korn Estate, amounting to $13,816.39. The original judgment stated that the money was to be used for the purpose of building a nurses' home for the proposed Hospital of Elsinore. Until that time, all interest earnings from the estate would be used as a scholarship fund for the purpose of training and educating residents of Lake Elsinore in the profession of nursing. Currently the City awards an annual scholarship of $500.00 ($250 per semester). High School counselors select the candidates and the finalist is chosen by a member or members of the City Council. Since there are no official procedures existing at this time and because our auditors require minute action establishing parameters for disbursing these funds, staff recommends Now Council take action on the staff recommendation. Discussion was led on having a sub - committee of the Council to review the applications and make determinations on residency requirements. MOVED BY KNIGHT, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY TO APPROVE THE FOLLOWING GUIDELINES: 1. Council appoint Selecting Committee to be made up of Arta Valenzuela and Howie Torn; 2. Documentation from School District of qualified applicants; 3. Establish an award in amounts of $250 at the end of each semester upon proof of attaining "B" (3.0) grade point average; 4. Publicity procedures to include pre and post -award press releases; 5. Residency requirements to be determined by the Committee. 59. Establishment of Industrial Development Authority Mr. Steel reported on November 9, the City Council directed staff to investigate the procedures for establishing an Industrial Development Authority (IDA). Under the California Industrial Financing Act (AB74), cities are authorized to create industrial development bond authorities which may issue tax - exempt bonds to finance assembling, fabricating, manufacturing or energy related facilities for private enterprise. Bonds issued under the Act are repaid soley by the private company and do not represent an obligation of the public entity. In effect, the City acts as a conduit by allowing businesses to borrow money utilizing the City's tax exempt status. Financing is provided to the private firm at 2 -4 points below market interest rates. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO PREPARE AN ORDINANCE ESTABLISHING INDUSTRIAL DEVELOPMENT AUTHORITY (IDA) AND APPOINTING THE CITY COUNCIL AS DIRECTORS. CT 354 Page Twelve City Council Minutes December 14, 1982 BUSINESS ITEMS - Continued 60. Request for Waiver of Conditional Use Permit - Rivera Mr. Trevino reported there has been continuing interaction between Mr. Rivera and city staff. It appears that Mr. Rivera has been sufficiently advised throughout the past 2 - 3 months that he would need a conditional use permit in order to operate an arcade. Mr. Rivera further aggravated the matter by performing remodeling work without the benefit of proper permits. Permits were eventually taken out. Staff recommends denial. Mr. Rivera, 15195 Joy Street, Lake Elsinore, stated he is only asking for temporary permits until he can obtain a CUP or waiver of a CUP. Dick Evitt, representing the owner of Ronnie's Sandwich Shop, asked if it is approved that the arcade be limited. Mr. Porter stated the City Council is not in session to limit trade in the City, they are to consider the request for waiver of the Conditional Use Permit. MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DENY THE REQUEST, THE APPLICANT TO GO THROUGH THE CONDITIONAL USE PERMIT PROCESS AND STAFF TO FAST TRACT. 61. Installation of Lindsay Street Off -Site Improvements — Butterfield Development Corporation. Mr. Rubel reported in July, 1979 a single family residence was constructed on the southwest corner of Lindsay and Limited Streets. The owner /builder did not complete installation of all appropriate off -site improvements. Street improvements were not enforced at that time and temporary power was allowed to be connected. Since that time no further assessments have been made. The Butterfield Development Corporation is planning a 40 unit apartment project to be located at Limited, Poe and Lindsay Streets. Butter- field Development Corporation is offering to complete all street improvements on Lindsay Street in exchange for Capital Improvement Fee reduction for the cost of the improvements which is above that required by the City for their project. Mr. Porter reported the general contractor did not complete the paving, and did not receive a certificate of occupancy. The owner is located on the property, and for one reason or another, staff failed to pick this up. Normally the city would have an agreement they would call in, however there is not an agreement in this case, but in view of the fact there was not a certificate of occupancy issued for the home, the city is in a very strong bargaining position to suggest the owner arrange to have the paving done at this time. Mr. Fred Crowe felt that by having the street done all at the same time, the best possible price could be obtained. Mr. Porter stated the City could suggest the Chatteau's work with Butterfield Survey, but the owner of the property does have the option to do the work by hiring another firm. _ MOVED BY TORN, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO DIRECT STAFF TO USE THEIR BEST EFFORTS TO HAVE MR. CHATTEAU MAKE HIS OWN ARRANGEMENTS BUT GIVE STAFF THE DISCRETION THAT IF MR. CHATTEAU DOES NOT WANT TO MAKE HIS OWN ARRANGEMENTS WE CAN ENTER INTO THE AGREEMENT WITH BUTTERFIELD DEVELOPMENT CORPORATION AND CREDIT THEIR CAPITAL IMPROVEMENT FEES FOR THE WORK PERFORMED. PUBLIC COMMENTS Earl Sproule, Jesco Vending, stated he has his equipment at the business that was discussed earlier in the evening, and wanted everyone to know that he has paid his business license fees. 358 Page Thirteen City Council Minutes December 14, 1982 PUBLIC COMMENTS - Continued. James Mural, 1410 Morrow Way, stated he has applied for a business license to sell the Lo -Tel Service. He was told he would have to be finger - printed and investigated. He is a teacher and has already been investigated. Council discussed the matter with the majority feeling that the policy within the ordinance was changed. The City Manager is to report back to the Council regarding this item. Dick Evitt, representing the owners of Ronnie's Sandwich Shop, asked for clarificatil"r on the action the City Council took regarding his grease trap. Council stated they would be considering the item further during a study session. Bob Jacobson reported on the progress of the Gazebo Project at the Park on Main Street. COUNCIL ADJOURNED TO THE REDEVELOPMENT AGENCY AT 1:06 A.M. COUNCIL RECONVENED AT 1:13 A.M. REPORTS AND RECOMMENDATIONS Mr. Knight reported at the corner of Central and Freeway, there are seven or eight cars parked in what appears to be a non - running condition. The area is beginning to look like a junk yard. Staff will look into the matter. Mr. Knight also reported there is a sign advertising a housing tract in the same location. Staff will verify that all the permits were taken out. Ms. Valenzuela reported on the conference in Monterey, stating a written report will be forthcoming. Mr. Torn reported he would like to see something done on the public safety fees; staff to start thinking about the lakeshore security and capital improvement funds which have not been indexed recently and may need to have fee increases. Mr. Unsworth reported that the Small Business Administration has done a turn - around on financing, family type businesses will now have a high priority. Mr. Unsworth stated he has received a memo from Candy at the Park and Recreation District, re- garding office sharing. Further discussion on this will be set for another date. Mr. Unsworth reported the City Manager has requested permission to attend Employees Relation Institute. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE THE CITY MANAGER TO ATTEND THE EMPLOYEES RELATION INSTITUTE. Mr. Unsworth reported he has received a letter from Mr. Watt regarding the storage shed relocation behind the Chimes on Graham and Spring. Staff will follow this up. COUNCIL ADJOURNED TO CLOSED SESSION AT 1:20 A.M. FOR LITIGATION AND PERSONNEL. COUNCIL RECONVENED AT 2:31 A.M. MOVED BY TORN, SECONDED BY VALENZUELA AND CARRIED UNANIMOUSLY THAT FRIDAY, THE DAY BEFORE CHRISTMAS AND THE FRIDAY BEFORE NEW YEARS BE CELEBRATED AS CITY HOLIDAYS WITH NO BUSINESS TO BE UNDERTAKEN. MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO APPROVE AND ADOPT A NEW CLASSIFICATION OF SENIOR ADMINISTRATIVE ASSISTANT AT SALARY RANGE OF 53.5. MOVED BY VALENZUELA, SECONDED BY KNIGHT AND CARRIED UNANIMOUSLY TO APPROVE THE mew RESOLUTION AND NOTIFY SOCIAL SECURITY BOARD ADMINISTRATION OF THE STATE OF CALIFORNIA REQUESTING TERMINATION OF COVERAGE EFFECTIVE DECEMBER 31, 1984, REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE) AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE STATE OF CALIFORNIA. Page Fourteen City Council Minutes December 14, 1982 REPORTS AND RECOMMENDATIONS - Continued. RESOLUTION NO. 82 -85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE REQUESTING TERMINATION OF THE SOCIAL SECURITY (OLD AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE) AGREEMENT BETWEEN THE CITY OF LAKE ELSINORE AND THE STATE OF CALIFORNIA. an.ini IRNMFNT MOVED BY VALENZUELA, SECONDED BY TORN AND CARRIED UNANIMOUSLY TO ADJOURN THE MEETING OF THE CITY COUNCIL AT 2:34 A.M. JOHN G. UNSWORTH, MAYOR ity of Lake Elsinore ATTEST: MR_,, i �►Lt t _ . DEBORAH . •