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HomeMy WebLinkAbout101690 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD OCTOBER 16, 1990 An adjourned regular meeting of the Temecula City Council was called to order at 7:05 PM at the Temecula Community Center, 28816 Pujol, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemaas, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and Recording Secretary Susan W. Jones. INVOCATION The invocation was given by Pastor Tim Riter, Rancho Christian Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Lindemaas. PRESENTATIONS/ PROCLAMATIONS Mayor Parks proclaimed October 21st through 27th as "National Business Women's Week". PUBLIC COMMENTS John Dedovesch, 39450 Long Ridge Road, asked why the problem of illegal balloons had not been resolved in the City, stating the example of the "Spa Guy". He also requested that the City install speed signs on Rancho California, Jefferson and Ynez Roads. Councilmember Lindemarts stated the "Spa Guy" has been contacted several times and would not voluntarily cooperate, stating the City would need to take legal action to get the balloon removed. Minutes 10/16/90 I John Moramarcho, P.O. Box 906, requested that developers be made aware of erosion problems that can occur during the rainy season. He stated that some cities have an ordinance which restricts disturbing the soil after October 21st. Mayor Parks asked if erosion control plans are a part of the grading plans. Doug Stewart, Deputy City Engineer answered that erosion control is required for any slopes that are barren between October 15th and April 1st. Councilmember Mufioz stated he received a request from the organizers of the Veterans Day Parade to solicit as many volunteers as possible. He said if anyone is interested they should contact Ralph Jagman at 672-2351. CONSENT CAI,ENDAR Councilmember Linderoans requested that Item No. 5 be removed from the Consent Calendar. Mayor Parks stated he would be abstain from this vote. Councilmember Moore requested the removal of Agenda Item No. 7. Councilmember Mufioz requested the removal of Agenda Item No. 6. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve Consent Caicndar Items 1, 2, 3, 4, 8 and 9 as follows: Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Plot Plan Nos. 5 and 6 - Rancho California Partners 2.1 Receive and file. o Plot Plan No. 11622 - Spectrum Contracting 3.1 Receive and file. Minutes 10/16/90 2 Plot Plan No. 11759 - Ability Cabinets 4.1 Receive and file. e Plot Plan No. 11688, Tentative Parcel Map No. ~563~ - Centerpoint Industrial Park 8.1 Receive and file. Agency Agreement/California Enda~tl~ered Species Permit 9.1 Approve amended agreement and authorize Mayor to execute. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None e Tentative Parcel Map No. ~5538 - Paine Mayor Parks announced he would be abstaining from this vote and turned the meeting over to Mayor Pro Tem Lindemans. Councilmember Lindemans stated that the staff report indicates there is a Quimby Fee charge. He asked if this is in error since this map contains only two lots. Gary Thornhill, Planning Director, stated he recommends the fees be deleted. Councilmember Mufioz asked about the legality of subdividing one parcel under a tract map. Gary Thornhill stated the issue of "four by fouring", (where there is an underlying approved tentative map and someone involved in the prior approval of that map is now involved in the resubdivision of the map in question), was resolved by John Cavanaugh, City Attorney, who concluded there was no violation of the Subdivision Map Act if the person had no prior interest. Minutes 10/16/90 3 Councilmember Birdsall moved, Councilmember Moore seconded a motion to receive and file Tentative Parcel Map No. 25538 as amended, removing the Quimby requirements. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Parks Variance No. ~ - Palm Plaza Sit, n,~ Councilmember Mufioz asked for an explanation of the variance on this item. Gary Thornhill answered the variance is to allow the applicant additional free standing signs that are not otherwise permitted. He explained in this case the parcel size is very large and the signs will be reduced in size, therefore staff feels the variance is warranted. It was moved by Councilmember Moore, seconded by Councilmember Mufioz is receive and file Variance No. 2. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 C OUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None o Minutes 10/16/90 Plot Plan No. 41 - Rosies Cantina Councilmember Moore stated her concern with a plot plan for an eating and drinking establishment that lacks restroom facilities. Gary Thornhill explained that the Health Department regulates whether or not businesses should have restroom facilities. He said he agrees that this type establishment should have 4 some facilities in the immediate vicinity. He said according to the applicant, he has the use of the existing facilities in the adjacent building. City Attorney Field stated that if conditions are to be changed, the item must be set for public hearing so all interested parties can have the opportunity to be represented. Councilmember Lindemans said he has a concern there is not adequate parking available. Michael Thesing, 5610 Halifax Road, Arcadia stated there are 48 parking places behind the building. He said there are many other facilities in Old Town that do not have any parking. He also stated he has agreed to open the parking on weekends and holidays to the general public. Regarding the restroom facilities, Mr. Thesing explained the restaurant is approximately 190 feet from the restrooms, which would not pose a great inconvenience to patrons. He stated the restaurant is approximately 1,200 square feet and providing a restroom would greatly impact seating capacity making it impossible to continue with the project. Mr. Shesing stated the Health Department has approved this plan as well as the City's Planning Commission. Councilmember Birdsall stated she felt there should be give and take in any situation and if the applicant is willing to open his parking lot to general use on the weekends, this would be a valuable contribution to Old Town. City Manager Dixon stated a factor of key importance, if restroom facilities are not on site, would be adequate signage making the public aware of the location of available facilities. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to receive and file Plot Plan No. 41. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemarts, Parks NOES: 2 COUNCILMEMBERS: Moore, Mufioz ABSENT: 0 COUNCILMEMBERS: None Minutes 10/16/90 5 COUNCIl, BUSINESS 10. Personnel Policies and Procedures City Manager Dixon reported this resolution deals with the implementation of personnel rules. He stated over the past several months Council has been approving several pieces of the program, and this resolution will bind everything together. He added the City Attorney has two items that need to be included. Councilmember Mufioz asked if the comprehensive annual leave provisions on Page 33, had been adjusted per prior Council direction. Mr. Dixon answered that these are the new numbers. He also asked if Jury Duty leave should be changed in all places to 30 days with pay, instead of 90 days. Mr. Dixon answered that this number should have been changed in both areas, and anything over 30 days would require a leave of absence without pay. Councilmember Mufioz asked why an employee who does not meet expectations at the time of review would be eligible for a 0 to 1/2 step raise. He suggested no increase be given to an employee who does not meet expectations. City Manager Dixon agreed that the 1/2 step should be deleted and no increase given for an employee who does not meet expectations. City Attorney Field reported that certain items listed in the staff report of a financial nature were not included in the resolution. In Section 1, the following should be added: Temporary Upgrade, Comprehensive Annual Leave, Holidays, Jury Duty, Overtime and Wage Administration. It was moved by Councilmember Birdsall, seconded by Councilmember Mufioz to adopt a resolution including the minor modifications made by the City Attorney and including modifications in personnel policies relative to jury duty allowed at 30 days with pay, and deleting the 1/2 step merit increase for an employee who does not meet expectations. The resolution is entitled: RESOLUTION NO. 90-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL RULES AND POLICIES The motion was carded by the following vote: Minutes 10/16/90 6 AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: C OUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks None None 11. Overweight Vehicle Ordinance City Attorney Field reported this is an overweight vehicle ordinance. He stated the vehicle code permits the City to prohibit the use of a street by vehicles exceeding a maximum gross weight limit as established by the City. He explained the ordinance before Council will add a chapter to the City Code establishing truck weight restrictions. The street Calle Medusa from La Serena to Nicolas Road has been added to this ordinance. He stated there is a report from the Sheriff indicating that a safety hazard exists if commercial vehicles are allowed to use the street. He made one correction stating the original ordinance specified the limit of 10,000 lbs, and this should be reduced to 6,000 lbs. Captain Rick Sayre reported that when first considered, staff thought 10,000 lbs. to cover large semi-trucks would be sufficient. After consulting with the City Manager, who recommended that a 6,000 lbs. limitation is more appropriate for a residential street, he recommends the ordinance be modified to a 6,000 weight restriction. Mayor Parks asked if delivery trucks would also be prohibited. City Attorney Field stated that all delivery trucks such as a moving van regardless of their weight, are allowed. Councilmember Birdsall asked if a resident owned a 3/4 ton truck in this area, would there be a problem with parking? Captain Sayre stated this ordinance is designed to address cut- through traffic. Councilmember Mufioz moved, Councilmember Moore seconded a motion to read by title only and waive further reading. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutea 10/16/90 7 It was moved by Councilmember Mufioz, seconded by Councilmember Moore to introduce Ordinance No. 90-20 with the modification in weight restrictions to be anything over 6,000 pounds, as follows: ORDINANCE NO. 90-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 12.06 TO THE TEMECU]~ MUNICIPAL CODE ESTABLISHING VEHICLE WEIGHT RESTRICTIONS ON PUBLIC STREETS The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: C OUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Councilmember Mufioz requested that Item Number 13 be discussed out of order. Having no objections, Mayor Parks moved to Agenda Item No. 13. 13. Ca!!e Medusa Traffic Study City Manager Dixon reported this is a traffic study of Calle Medusa and the City Engineer is present to answer any questions. Tim Serlett, City Engineer, reported that in preparing this report, any potential closure and the effects it would cause are covered in the report. He stated that even after the completion of Butterfield Stage Road which will provide a more direct link, Calle Medusa will still generate approximately 2,000 cars a day from the adjacent developments. He stated if Calle Medusa were closed at either end, it would generate more traffic on an already overburdened system, both on Rancho California Road and Ynez. Councilmember Lindemarts stated that he has received letters from residents on Nicolas Road who are taking Calle Medusa instead of Ynez to Rancho California Road, because of the dangerous traffic intersections. He stated until this intersection is improved, with possible "bandaid funds" approved earlier, he is not in favor of sending school buses and residents through this traffic. He recommended having the Traffic Commission evaluate this situation. Minutes 10/16/90 8 Tim Serlett updated the Nicolas and Winchester Road situation, stating Caltrans is reviewing the plans now. He reported the bid specs are in the process of being prepared. In discussion with Ranpac, Mr. Serlett reported ultimate approval is estimated at three months. The bandaid construction could be under construction by the 1st of December. Councilmember Mufioz stated he considers the closure of any street a significant move, and asked if the surrounding neighborhood could be polled as to their reaction. City Manager Dixon recommended referring this to the Traffic Commission. He stated he would hope they will take as much time and as much public testimony as possible. The Traffic Commission's recommendation would then come before the City Council and it is to close a portion of the street, a public heating would be held. He stated all residents who would be impacted by such a decision should be informed so that they may attend. Councilmember Birdsall moved, Councilmember Moore seconded a motion to refer the Calle Medusa Traffic Study to the Traffic Commission for review and public heating. 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 RECESS Mayor Parks called a recess at 8:10 PM. The meeting was reconvened at 8:25 PM. 12. Public Forum Meetino Discussion City Manager Dixon reported it was suggested at the last council meeting to move the Public Forum from the first Tuesday of the month to the second Tuesday when the Council Meeting is televised. Mr. Dixon stated the reason this segment was originally set for the first Tuesday is because the meeting is generally lighter and more time could be set aside. He said if the Council would like to try it on the second Tuesday, staff will schedule it accordingly. Minutes 10/16/90 9 Sydney Vemon, 30268 Mersey Ct., stated he felt all Council Meetings should be televised. He also objected to the rule that no request to speak forms can be turned in after the agenda item has begun, stating many times the public is really not aware of the issue until it has begun. He also stated the agenda could be clearer as to the content of the items. Councilmember Lindemans stated he felt that public input is extremely important and would be in favor of changing the public forum meeting to the second Tuesday of the month. He said he did not feel there is anything wrong with public input after an agenda item has begun. Mayor Parks stated he did not have a problem with switching to the second Tuesday, but due to the amount of business requiting action, requested that it be limited to 30 minutes instead of 45 minutes. Councilmember Birdsall suggested this be done on a trial basis, and if the agendas are too lengthy on the second Tuesday of the month, perhaps the first Tuesday could also be televised. Councilmember Mufioz requested that if possible agenda items could be made clearer so the public would have a better idea as to the content. Mayor Parks stated that a complete agenda packet is available to all interested parties for their review at City Hall. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to move the Public Forum segment to the second Tuesday of the month, and to limit it to 30 minutes. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 14. Measure "A" Funds Discussion Mayor Parks reported he requested this item be placed on the agenda to discuss the WRCOG Meeting he attended last month. Western Regional Coalition of Government is the agency who determines how "Measure A" funds are spent in Riverside County. He stated there is a proposal to use "Measure A" funds for the construction of a toll road from Riverfide to Orange County. WRCOG would like an indication from the Council to see Minutes 10/16/90 10 whether the City of Temecula wanted to use the funds in this manner. He explained that they are proposing a loan of "Measure A" funds to a developer who would build a toll road, and the funds will eventually be repaid. There is a question whether this constitutes double taxation. Mayor Parks requested direction from the Council on how he should vote on this item. Councilmember Mufioz stated he agrees this seems to be double taxation. Mayor Parks stated the argument in support is that this road could be built much faster than going through normal channels. Councilmember Linderoans stated that there are specific projects for which the money is to be used. Mayor Parks stated that there are also discretionary funds which can be allocated. The agency is taking the position that allocating discretionary funds to areas that would benefit the County, bringing in more jobs or services to the communities, fixing major traffic problems. City Manager Dixon stated when there is clearly a benefit to a private developer that developer should pay his own way. He said if the project is not financially feasible it should not be undertaken. He stated when a project is for the purpose of profit, it should be closely scrutinized and perhaps the use of public funds is not appropriate. Councilmember Lindemans stated he felt the City should work toward obtaining funds to get the Date Street Overpass, and is in favor of keeping public funds within the City if at all possible. He also stated the City of Temecula should go after a regional shopping center, make the necessary improvements and not let this go to Murrieta. City Manager Dixon stated that Tim Serlett has been working very hard on the overcrossing and asked him to given an update. Mr. Serlett stated the Date Street overcrossing is being pursued through the Job Development Funds that are available from "Measure A". The RTCT is developing criteria by which these projects are ranked and at the last meeting he attended, the Date Street interchange was ranked Number 3 on a list of about 12 projects. Mayor Parks asked if it would be preferable to push the Date Street project over Murrieta Hot Springs Overpass. Tim Serlett answered he would be in favor of this. Mayor Parks said he believes he understands the direction of the Council and will vote accordingly. CITY MANAGER REPORTS None given. Minute8 10/16/90 11 CITY ATTORNEY REPORTS None given. CITY COUNCIl, REPORT~ Councilmember Birdsall asked that the meeting place for November 6, 1990 be confirmed because of an election day conflict. Councilmember Lindemans stated he will be attending a 3-day tour with the Water District and requested time be reserved on the agenda so he can report his findings to Council. AD.IOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 9:00 PM to the meeting of October 30, 1990 at the Temecula Community Center, at 7:00 PM. Ronald J. Parks, Mayor ATTEST: Deputy ~ity~~) Minutes 10/16/90 12