HomeMy WebLinkAbout072490 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD JULY 24, 1990
An adjourned regular meeting of the Temecula City Council was called to order at 7:00 PM at the
Temecula Community Center, 28816 Pujol, Temecula, California. Mayor Ron Parks presiding.
PRESENT 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore,
Mufioz, Parks
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and Deputy City
Clerk June S. Greek.
INVOCATION
The invocation was given by Pastor David Wall, Trinity Church.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Councilmember Muffoz.
PRESENTATIONS/
PROCLAMATIONS
Mayor Parks Proclaimed August 15, 1990, Temecula Day At Del Mar.
PUBLIC COMMENTS
Nancy Maurice, P.O. Box 573, spoke regarding the recent comments in the press made by
Councilmember Lindemans about Sam Hicks, and the practice of naming parks after individuals
in the community. She said she feels he showed little feeling for the history and roots of this
community. A group of about 20 people stood to show their support for naming streets, buildings
or parks after individuals who have made outstanding contributions to the community.
Minutes 7/24/90 1
Theresa Bell, 25057 Parkcrest Drive, Murrieta, voiced her disapproval of the comments of
Councilmember Lindemans regarding her grandfather, Sam Hicks. She stated his treatment of
this issue has been very painful to the family.
Allan McDonald, 43466 Manzano Drive, representing the Temecula Valley Chamber of
Commerce, asked the City Council to accept the deed to Sam Hicks Monument Park with the
current conditions of permanently retaining the land as park land and as an important historical
monument, and also preserving the name Sam Hicks Monument Park.
James Marple, 28541 Via Princesa, distributed a package to the Council outlining an on-site water
retention program. He stated this would avoid urban runoff problems, and is a health and safety
concern for the City. He asked the Council to examine the plans of new projects and condition
them to include an on-site water retention program. He advised the Council of an upcoming
Murrieta Creek Advisory Council meeting.
Doug Blois, 30350 Tradewater Ct., stated the citizens of Temecula voted for incorporation
because the County of Riverside was not addressing the needs of the citizens. He asked the
Council to review items even those previously approved by the County, and hold public hearings
if needed. He stressed the need for managed growth. He stated it is not fair to put a moratorium
only on apartments.
Jim Allmon, 43954 Gatewood Way, stated the City needs to put the development of a general plan
on a fast track, as it is vitally important to upcoming projects and plans for the City.
Councilmember Mufioz stated he felt the treatment of Councilmember Lindemans has been a little
harsh. He expressed his feeling that Councilmember Lindemans had no intention of hurting
anyone by his remarks.
CONSENT CAI.ENDAR
Staff requested the removal of Item No. 14 which was previously approved by the Council from
the Consent Calendar. Councilmember Lindemans stated if this were being voted upon, he would
abstain due to a conflict of interest.
Councilmember Moore said she would be abstaining from Item 6 and 7 due to a possible conflict
of interest.
It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve
Consent Calendar Items 1-13, and 15-17 with Councilmember Moore abstaining on Items 6 and
7 as follows:
Minutea 7/24/90 2
1. Minutes
1.1
1.2
1.3
Approved the minutes of July 3, 1990 as corrected.
Approved the minutes of July 7, 1990 as mailed.
Approved the minutes of July 10, 1990 as mailed.
City Treasurer's Report for the Month Ending June 30, 1990
2.1 Received and filed.
Resolution Approving Payment of Demand~
3.1 Approved a resolution entitled:
RESOLUTION NO. 90-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN
EXHIBIT A.
Sales and Use Tax Analysin and Reportin_~ Agreement
4.1 Approved an agreement to provide sales tax analysis and monthly sales tax reports.
4.2 Adopted a resolution authorizing access to sales and use tax records entitled:
RESOLUTION NO. 90-75
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ~
AUTHORIZING ACCESS TO SALES AND USE TAX RECORDS
PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056
Claim for Damages - Harri.qon vs The City of Temecula
5.1 Denied the Claim for Damages.
Minutes 7/24/90 3
e
e
Final Tract Map ~3371-3
6.1 Approved Final Vesting Tract Map 23371-3 subject to the conditions of approval.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Moore
Final Vesting, Tract ~3371-4
7.1 Approved Final Vesting Tract Map 23371-4 subject to the conditions of approval.
The motion was carried by the following vote:
AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks
NOES: 0 C OUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 1 COUNCILMEMBERS: Moore
Final Parcel Map 22886
8.1 Approved Final Parcel Map 22886 subject to the conditions of approval.
Final Tract Map ~3100-3
9.1 Approved Final Tract Map 23100-3, subject to the conditions of approval.
Minutes 7/24/90 4
10.
11.
12.
13.
ICMA Deferred Conlpen~ation Pro_~ram
10.1 Adopted a resolution entitled:
RESOLUTION NO. 90-76
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING RESOLUTION 90-50 ESTABLISHING AN EMPLOYEE DEFERRED
COMPENSATION PLAN TO BE ADMINISTERED BY ICMA RETIREMENT
CORPORATION
Street Name Chan_~e - Kathleen Way to Ridge Park Drive
11.1 Adopted a resolution entitled:
RESOLUTION NO. 90-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
CHANGING THE STREET NAME OF KATHLEEN WAY TO RIDGE
PARK DRIVE.
Resolution Providirlg for the Enforcement of State lows and Regulations Relatin_o to
Public Health
12.1 Adopted a resolution entitled:
RESOLUTION NO. 90-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TI~IECULA
PROVIDING FOR THE ENFORCEMENT OF STATE LAWS AND
REGULATIONS RELATING TO PUBLIC HEALTH
Temecula Capital lntprovement Corporation - City Hall Facility Financin_~
13.1 Adopted a resolution entitled:
RESOLUTION NO. 90-79
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING THE FORMATION OF A CALIFORNIA NONPROHT
PUBLIC BENEFIT CORPORATION TO FACILITATE THE FINANCING
OF CAPITAL IMPROVEMENTS ON BEHALF OF THE CITY OF
Minutes 7/24/90 5
TEMECULA, CALIFORNIA; DETERMINING THAT THE FORMATION
OF SAID CORPORATION AND THE ISSUANCE OF BONDS, NOTES OR
OTHER OBLIGATIONS BY SAID CORPORATION TO FINANCE THE
COSTS OF CAPITAL IMPRO~NTS FOR THE BENEFIT AND USE OF
THE CITY WHJ. CONSTITUTE A PUBLIC PURPOSE; APPOINTING THE
INITIAL BOARD OF DIRECTORS OF SAID CORPORATION;
APPROVING AND AUTHORIZING THE EXECUTION OF ALL
DOCUMENTS NECESSARY FOR THE FORMATION OF THE
CORPORATION; AND REQUIRING APPROVAL BY THE CITY OF ALL
DOCUMENTS RELATED TO THE ISSUANCE OF BONDS, NOTES OR
OTHER OBLIGATIONS BY THE CORPORATION.
15.
Plot Plan No. ~
15.1 Set for Public Hearing on July 31, 1990.
16.
Curfew for Minors Ordinance (Second Reading)
16.1 Read by title only, waived further reading and adopted an ordinance entitled:
ORDINANCE NO. 90-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ADDING CHAPTER 11.10 TO THE TEMECULA MUNICIPAL
CODE PERTAINING TO THE ESTABLISHMENT OF A CURFEW FOR
lVIINORS
17.
Cable Television Franchi.~e Ordinance (Second Reading)
17.1 Read by title only, waived further reading and adopted an ordinance entitled:
ORDINANCE NO. 90-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA GOVERNING CABLE TELEVISION FRANCHISES
HEREINAFI~ER GRANTED BY THE CITY OF TEMECULA
The motion was carried by the following vote:
Minutes 7/24/90 6
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
None
None
COUNCIL BUS1NFSS
18.
Weed Abatement - Approval of Charges
City Manager Dixon reported that at their last meeting the City Council directed staff to
proceed with abatement procedures for properties presented by the Fire Department. He
said at this time a resolution to place an assessment against these properties for weed
abatement should be adopted.
Councilmember Moore moved, Councilmember Lindemans seconded a motion to adopt
a resolution entitled:
RESOLUTION NO. 90-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ORDERING CONFIRMATION OF SPECIAL ASSESSMENTS AGAINST
PARCELS OF LAND WITHIN THE CITY OF TEMECULA FOR COST OF
ABATEMENT AND REMOVAL OF HAZARDOUS WEEDS.
The motion was carried by the following vote:
AYES: 5 C OUNCILMEMBERS:
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
C OUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
None
None
19.
Tentative Tract ~1067, Third Exten.~ion of Time
Staff reviewed several alternative recommendations and suggested continuing this item
until later in the meeting.
Minutea 7/24/90 7
It was moved by Councilmember Birdsall, seconded by Councilmember Moore to continue
Item No. 19 until later in the meeting. The motion was unanimously carded.
20. Animal Control - DoI~ l,icense Amnesty Program
Joe Hreha, Manager of Information Systems, recommended approving a 60-day dog
license late fee amnesty program. He explained that many citizens believe the dog
licensing program has just begun and are not aware the program has been on-going by the
County of Riverside. He stated the City will publish an ad in the newspaper to educate
the public regarding the program. He said the increase in new licenses should off-set any
fees lost in late charges.
Councilmember Mufioz suggested making the amnesty program 90-days instead of 60-days
because many people will first learn about the program when the ad is published. This
extra time will give all citizens ample time to purchase dog licenses.
Councilmember Moore requested the notice include a picture of a dog, or something
graphic that will attract the public's attention.
Councilmember Mufioz moved, Councilmember Moore seconded a motion to approve a
90-day dog license late fee amnesty program.
The motion was carried by the following vote:
AYES: 5
C OUNCILMEMBERS:
Birdsall, Lindemaas, Moore, Mufioz,
Parks
NOES:
0 C OUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
21. Copier Purchase Authorization
City Manager Dixon recommended continuing this item to the meeting of August 14, 1990
to allow staff to present an expanded report.
Charlie Okamato, representing Eastman Kodak Company, made a commitment to the
Council to provide the best service possible and meet the needs of the City now and in the
future.
Minutea 7/24/90 8
Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to
continue Item No. 21, Copier Purchase Authorization, to the meeting of August 14, 1990.
The motion was carried by the following vote:
AYES: 5
C OUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
NOES: 0
C OUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
RECESS
Mayor Parks declared a recess at 8:05 PM. The meeting was reconvened following the CSD
Meeting at 10:20 PM.
19. Tentative Tract 21067, Third Exten.~ion of Time
City Attorney Field recommended setting this item for Public Hearing on August 14,
1990. He stated staff will recommend that the Tract Map be approved subject to the
condition that a traffic study be performed, and mitigation fees charged on a pro-ram, fair
share basis, as determined by the traffic study.
It was moved by Councilmember Birdsall, seconded by Councilmember Moore to set for
Public Hearing on August 14, 1990.
The motion was carried by the following vote:
AYES: 5
COUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
Minute~ 7/24/90 9
PUBLIC HEARING
22. Chani, e of Zone 5563, Conditional Use Permit 3042
Gary Thornhill, Chief Planner, stated this is a request by Arco Products for a change of
zone and approval of CUP 3042. He said the change of zone is for an AM-PM Mini
Mart. He said this proposal is consistent with SWAP and staff recommends further
conditions as follows:
22.1
Adopt the Negative Declaration for County Environmental Assessment No.
34180 based on the findings incorporated in the Initial Study, and the
conclusion that the project will not have a significant effect on the
environment.
22.2
Deny Change of Zone Request No. 5563 from R-R to C-1/CP in
accordance with the findings contained in the staff report, but
22.3
Approve Change of Zone No. 5563 from R-R to C-P-S in accordance with
findings contained in the staff report as follows:
ORDINANCE NO. 90-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECTJLA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY
IN THE CHANGE OF ZONE APPLICATION CONTAINED IN
DEVELOPMENT PERMIT NO. 5563, CHANGING THE ZONE FROM 4-4
(RURAL RESIDENTIAL) TO CPS (SCENIC HIGHWAY COMMERCIAL)
ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF
MARGARITA ROAD AND STATE HIGHWAY 79.
22.4
Approve Conditional Use Permit No. 3042 based on the attached findings
and subject to the attached conditions of approval.
Councilmember Mufioz asked if this zoning permits high profile signs.
Mr. Thornfield stated he would check into the code at the break and report back with an
answer.
Councilmember Lindemans objected to the condition that no single containers of beer
could be purchased.
Mayor Parks opened the public hearing at 10:25 PM.
Minutes 7/24/90 10
Lou Boemia, Applicant stated for the most part he concurs with the staff report and said
this project is scheduled to begin construction next month, to open in December of this
year.
He said on Planning condition number five, he wanted to confirm his conversation with
The Planning Department that the front fascia on the canopy is permitted but must not be
illuminated.
He said on Planning condition number two, a five foot planter is suggested adjacent to the
building, and he requested a three foot planter to allow room for a sidewalk.
He also confirmed Arco did not have a problem with the request to install more parking
spaces even though they are not required by the code.
Mr. Boemia requested that Planning condition number three, that no single containers of
beer may be sold, be deleted.
On Item No. 20, he asked the reasoning for this condition requiring driveways to be 8"
thick rather than the standard 6".
He asked that Condition Nos. 23 and 24, regarding signalization at the Intersection of Hwy
79 and Margarita be deleted. He stated the County is under contract with Ranpac who has
completed the design for the signali?ation of the intersection. He stated that per Condition
No. 21, a traffic signal mitigation fee must be paid.
On Condition No. 28, "no left tum in or out of site except as shown or allowed, he stated
that the only left turn is from Dartola Road.
Councilmember Mufioz asked when the traffic signal would be installed.
responded that the signal would go in after the completion of the project.
designs for the light are 90 9[ complete.
Mr. Boenia
He said the
Doug Stewart, Deputy City Engineer, stated he would like the signals in place at the time
of occupancy of the project.
Larry Markham, representing the applicant, stated the problem is this signal is part of the
County's package of six signals that are currently in design. The funding is available for
them, via the signal mitigation fund. He asked the Council's assistance in getting the
County to proceed.
Councilmember Lindemans asked if the City could fund the traffic signal, install it, and
seek reimbursement at a later date, to insure a safe intersection.
Minutes 7/24/90 11
Mayor Parks declared a one minute break at 10:40 P.M. to change the tape. The meeting
resumed at 10:41 P.M.
It was moved by Councilmember Lindemans, seconded by Councilmember Moore to extend the
meeting to 11:00 P.M. The motion was unanimously carried.
22. (Cont.)
Mayor Parks suggested conditioning the project by requiring left-turn pockets into the
project.
Councilmember Mufioz asked the applicant what signage was planned for the project. Mr.
Boenia stated the signage is the low monument sign, approximately three feet high.
Gary Thornhill, Chief Planner, stated three foot planters would be acceptable. He said
that on planning condition number three, staff did not have strong feelings regarding this
condition. He concurred with the applicant the it had been agreed that the front fascia
panel would be allowed, however it shall not be illuminated. Mr. Thornhill stated the
zoning allowed up to a 20 foot sign.
Doug Stewart, Deputy City Engineer, addressed Engineering Condition No. 20. He stated
the condition could be changed to read, "driveways shall conform to commercial driveway
standards". He said according to the applicant's traffic study, with the project in place,
the current recommendation would stand. He referred to the traffic engineer for questions.
Clyde Sweet, Traffic Engineer, stated according to the study, a traffic signal is not
warranted at this time. Mayor Parks asked if left turn pockets are warranted. He stated
this is the general rule.
Councilmember Lindemans requested the left-turn lanes be extra long to allow for Camper
and Motorhome traffic from the nearby campgrounds.
City Manager Dixon reported that Highway 79 is a State Highway and as a result any
improvements must be coordinated with CalTrans. He stated he has met with CalTrans
and they plan to move quickly on these improvements. Mr. Dixon stated we should see
these improvements in approximately one year. He said if this were a City street, the City
could move more quickly, but on a State Highway, the City does not have authority to
install a light.
It was moved by Councilmember Lindemans, seconded by Councilmember Moore to
approve staff recommendations 22.1, 22.2 and 22.4 subject to changes in Planning
Department conditions number 2, 3, and 5; Engineering Department conditions number
20 and 24, further adding a condition 23(a).
Minutes 7/24/90 12
The motion was carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemarts, Moore, Mufioz,
Parks
None
None
Councilmember Lindemarts moved, Councilmember Moore seconded a motion to read by
title only, waive further reading and introduce an ordinance entitled:
ORDINANCE NO. 90-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY
IN THE CHANGE OF ZONE APPLICATION CONTAINED IN
DEVELOPMENT PERMIT NO. 5563, CHANGING THE ZONE FROM R-R
(RURAL RESIDENTIAL) TO CPS (SCENIC HIGHWAY COMMERCIAL)
ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF
MARGARITA ROAD AND STATE HIGHWAY 79.
The motion was carried by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
C OUNCILMEMBERS:
C OUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
None
None
23.
Adoption of Revised Planning and En[,ineering Fees
Mayor Parks opened the public hearing at 11:10 PM.
City Manager Dixon reported this is an ordinance and resolution which would allow
existing planning and engineering fees to be increased. He recommended raising the
City's fees in accordance with other Cities in the area.
Having no requests to speak, Mayor Parks closed the public hearing at 11' 11 PM.
Minutes 7/24/90 13
It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to read
by title only, waive further reading and introduce an ordinance entitled:
ORDINANCE NO. 90-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04
PERTAINING TO CONSOLIDATED FEES FOR LAND USE AND
RELATED FUNCTIONS.
The motion was carried by the following vote:
AYES:
5 COUNCILMEMBERS:
NOES: 0
ABSENT: 0
Birdsall, Lindemans, Moore, Mufioz,
Parks
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Councilmember Birdsall moved, Councilmember Mufioz seconded a motion to adopt a
resolution entitled:
RESOLUTION NO. 90-81
A RKqOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ADOPTING A CONSOLIDATED SCHEDULE OF FEES FOR LAND USE
AND RELATED FUNCTIONS
The motion was carried by the following vote:
AYES: 5 C OUNCILMEMBERS:
NOES: 0
ABSENT: 0
COUNCILMEMBERS:
COUNCILMEMBERS:
Birdsall, Lindemans, Moore, Mufioz,
Parks
None
None
Minutes 7/24/90 14
CITY MANAGER REPORTS
City Manager Dixon stated this meeting should be adjourned to a joint meeting with the Planning
Commission to be held Monday, July 30, 1990 at 7:00 PM, Vail Elementary School. He stated
the purpose of this meeting is to set procedural guidelines for the Planning Commission.
CITY ATTORNEY REPORTS
None given.
CITY COUNCIl, REPORTS
Councilmember Mufioz requested staff look into a City-wide refuse collection program and
curbside recycling.
Mayor Parks asked to have consideration of his representation of the City at a meeting to be held
in Washington, D.C. placed on the agenda. The purpose of the meeting will be discussions of the
Space Systems Division relocation and economic development considerations in the County.
ADJOURNMENT
It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at
11:15 PM to a meeting to be held on July 30, 1990 at the Vail Elementary School, 29915 Mira
Loma Drive, Temecula, California at 7:00 PM. The motion was unanimously approved.
Ronald J. Parks, Mayor
ATTEST:
Ju~-~reek, Deputy '~~erk
Minutes 7/24/90 15