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HomeMy WebLinkAbout051094 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 10, 1994 A regular meeting of the Temecula City Council was called to order at 5:35 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberts ABSENT: 1 COUNCILMEMBERS: Stone Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. !=X!=CUTIVF S!:SSlON A meeting of the City of Temecula City Council was called to order at 5:38 PM. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to adjourn to Executive Session pursuant to Government Code §54957.6, Conference with Labor Negotiator, Agency Negotiator: Harwood Edvalson and Grant Yates. Employee organization: Teamsters Local 911, representing General and Professional/Confidential employee groups; and Government Code §54956.9(a) Mutziger v. Bedford Properties; Bedford Properties v. city of Temecula. The motion was unanimously carried with Mayor Pro Tem Stone absent. INVOCATION The invocation was given by Pastor W. M. Rench. P! FDC,!:: OF A! ! !::C, IANCF The audience was led in the flag salute by Councilmember Parks. PUBIIC COMM!:NTS Michelle Bedard, 39857 Knollridge Drive, requested the City Council appeal the decision of the Planning Commission to approve the Temecula Valley Bus Barn Project. She presented two letters to the City Clerk in opposition to the project. Councilmember Mu~oz stated he is willing to appeal the decision so that residents will have the opportunity to voice their opposition, however he asked that there be support from the community present. Councilmember Parks stated he received a call regarding this project but will not be able to participate in these proceedings since his firm is doing work for the school district. Councilmember Mu~oz formally appealed the project. Minutes\5\10\94 -1- I 1/07/96 City Council Minutes Mav 10. 1994 CITY COUNCIl R!=PORTS Councilmember Parks stated he attended a SCAG meeting last Thursday, and the Regional Comprehensive Plan was discussed. He also announced that the California Gnatcatcher is no longer listed as "threatened species." Councilmember Mu~oz announced that May 18, 1994 is "Transit Appreciation Day," and all fixed routes will be available to riders at no charge. CONSFNT CA! FNDAR Councilmember Birdsall questioned Item No. 8 if the median is going to be primarily landscaped with roses. Director of Public Works Tim Serlet stated it will have roses but will be a more elaborate design than those on Rancho California Road. Councilmember Parks requested the removal of Consent Calendar Item No. 6. He also stated that regarding Item No. 8, he would like to be kept informed earlier in the process for projects such as this, so that Council input can be given. He stated he did have the opportunity to discuss Item No. 5 with staff and approximately $30,000 of the change orders can be attributed to Rancho California and Winchester Roads. He recommended approval of this item. It was moved by Councilmember Birdsall, seconded by Councilmember Mu~oz to approve Consent Calendar Items 1-5 and 7-19. The motion was carried as follows: AYES: 4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone 1. Standard Ordinance Adol~tion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in he agenda. Minutes 2.1 Approve the minutes of April 5, 1994. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 94-41 Minutes\5\10\94 -2- 11/O7/86 City Council Minutes Mav 10. 1994 o A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Rel~ort as of March 31. 1994 4.1 Receive and file the City Treasurer's report as of March 31, 1994. Contract Amendment No. 7 to Community Facilities District 88-17 Fngineering Services Contract with J.F. Davidson Associates. Inc. for the Overland Drive Overcrossing Improvement Project 5.1 Approve Contract Amendment No. 7 to provide additional engineering services for CFD 88-12 by J.F. Davidson Associates, Inc. (JFD) for the Overland Drive Overcrossing Improvement Project in the amount of $106,888. Combining Balance Sheets as of March 31. 1994 and the Statement of Revenues. Fxoenditures and Changes in Fund Balance and the Statement of Revenues. Fx~enses and Changes in Retained Earnings for the Nine Months Ended March 31. 1994 7.1 Receive and file the Combining Balance Sheets as of March 31, 1994 and the Statement of Revenues, Expenditures and Changes in Fund Balances and the Statement of Revenues, Expenses and Changes in Retained Earnings for the nine months ended March 31, 1994. Award Contract for Ynez Road ! andscalve Iml~rovements Project No. PW 94-04 8.1 Award a contract for the Ynez Road Landscape Improvements, PW94-04, to Emerald Landscape Services for $188,962 and authorize the Mayor to execute the contract; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $18,896 which is equal to 10% of the contract amount. Coml~letion and Accel~tance of the Margarita Road Sidewalk Iml~rovements. Project No. PW93-08 9.1 Accept the Margarita Road Sidewalk Improvements, Project No. PW93-08, as complete and direct the City Clerk to: File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Minutes\5\10\94 -3- 11/07/96 Citv Council Minutes Mev 10. 1994 10. 11. 12. 13. Contract Change Orders Nos. 05 through No. 11 for !iefer Road Bridge and Street Iml;)rovements Project. PW93-07 10.1 Approve the final Contract Change Orders Nos. 05 through No. 11 for Liefer Road Bridge and Street Improvements Project, PW93-02 pertaining to labor and equipment for various items of work, in the amount of $15,420.60. 10.2 Approve an advance from the Development Impact Fund of $13,383.35 to the Capital Projects Fund. Summary Vacation of Portions of Banana Street. Hamilton Avenue. Apricot Street and John Jay Avenue 11.1 Adopt a resolution entitled: RESOLUTION NO. 94-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, TO SUMMARILY VACATE PORTIONS OF BANANA STREET, HAMILTON AVENUE, APRICOT STREET AND JOHN JAY AVENUE PURSUANT TO THE AUTHORITY PROVIDED BY CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE Accel~tance of an Offer of Dedication - Storm Drainage Easement Over a Portion of Lot ?73 of Tract Map 3883 (APN 919-708-010) Abutting Calle Fiesta 12.1 Adopt a resolution entitled: RESOLUTION NO. 94-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE OFFER OF DEDICATION OF A STORM DRAINAGE EASEMENT OVER A PORTION OF LOT 273, TRACT MAP 3883 (APN 919-200- 010) ABUTTING CALLE FIESTA Resolution in Sul;)l~ort of 7ero-Fmission Vehicle Program 13.1 Adopt a resolution entitled: RESOLUTION NO. 94-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SUPPORTING THE CONTINUATION OF THE LOW EMISSIONS VEHICLE AND CLEAN FUELS REGULATION, PARTICULARLY THE ZERO EMISSION VEHICLE MANDATE Minutes\5\10\94 -4- 11/07/96 Citv Council Minutes Mav 10. 1994 14. 15. 16. 17. Setting the Date. Time and Location of Planning Commission Meetings 14.1 Adopt a resolution entitled: RESOLUTION NO. 94-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING THE DATE, TIME AND LOCATION OF PLANNING COMMISSION MEETINGS CorrtDletion and Accel;)tance of Ynez Road Widening Project. I~roject No. PW97-05. CFD 15.1 File the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract; 15.2 Release the Materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. Amendment of ?0th Year Community Develol;)ment Rlock Grant ADI;)lication 16.1 Delete the request for Community Development Block Grant (CDBG) funding for the Rancho California Sports Park Desiltation Project and add Sam Hicks Monument Park Improvements to the 20th Year Community Development Block Grant (CDBG) application. Resolution ADI;;)roving City Attorney and Assistant City Attorneys 17.1 Adopt a resolution entitled: RESOLUTION NO. 94-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING THE CITY ATTORNEY AND ASSISTANT CITY ATTORNEYS SECOND READING OF ORDINANCES 18. Ordinance No. 94-1 ? 18.1 Adopt an ordinance entitled: ORDINANCE NO. 94-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO COMMERCIAL AND CHARITABLE SOLICITATIONS AND ADDING CHAPTER 5.16 Minutes\5\10\94 -5- 11/07/96 City Council Minutes May 10. 1994 19. TO THE TEMECULA MUNICIPAL CODE ESTABLISHING REGULATIONS FOR CHARITABLE, RELIGIOUS AND COMMERCIAL SOLICITATIONS Ordinance No. 94-13 19.1 Adopt an ordinance entitled: ORDINANCE NO. 94-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING STANDARDS FOR WATER EFFICIENT LANDSCAPE DESIGN "No Parking" 7one on the North Side of Rancho Vista Road from 790 Feet West of Argo Court to 480 Feet East of Southern Cross Road Councilmember Parks expressed concern over restricting parking in an area that has been used for Sports Park overflow parking. Director of Public Works Tim Serlet reported this request was initiated by the Public/Traffic Safety Commission, due to the need for a left turn pocket into the CRC. Councilmember Birdsall said she is concerned with eliminating parking until the Sports Park parking lot construction is completed in the Spring. Director of Community Services Shawn Nelson reported that parking at the CRC has worked well for overflow purposes. Mayor Roberts expressed concern that no cross walk exists in this area. Councilmember Parks stated he also feels there is a need for a crossing at the CRC and suggested referring this issue back to the Traffic Commission to consider these options. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation with instruction to staff that the Council's comments be returned to the Public Traffic Safety Commission for further review. 6.1 Adopt a resolution entitled: RESOLUTION NO. 94-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING A "NO PARKING" ZONE ON THE NORTH SIDE OF RANCHO VISTA ROAD FROM 290 FEET WEST OF ARGO COURT TO 480 FEET EAST OF SOUTHERN CROSS ROAD Minutes\5\10\94 -6- 11/07/96 City Council Minutes May 10. 1994 The motion was unanimously carried, with Mayor Pro Tern Stone absent. PUBLIC H!:ARINC, S 20. Ordinance Amending ! ~nd Use Code Regarding Plot Plans. Conditional Use Permits and Public Use Permits Director of Planning Gary Thornhill presented the staff report, and recommended that Section 4 of the ordinance be removed. Mayor Roberts opened the public hearing at 7:52 PM. Hearing no requests to speak, Mayor Roberts closed the public hearing at 7:52 PM. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendation 20.1, with the removal of Section 4 as follows: 20.1 Read by title only and introduce an Ordinance entitled: ORDINANCE NO. 94-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE LAND USE CODE REGARDING THE TERM OF PLOT PLANS, CONDITIONAL USE PERMITS, AND PUBLIC USE PERMITS The motion was unanimously carried with Mayor Pro Tern Stone absent. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation as follows: 20.2 Adopt a resolution entitled: RESOLUTION NO. 94-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA RECOMMENDING ADOPTION OF AN ORDINANCE AMENDING THE LAND USE CODE REGARDING THE TERM OF PLOT PLANS, CONDITIONAL USE PERMITS, AND PUBLIC USE PERMITS The motion was unanimously carried with Mayor Pro Tem Stone absent. 21. Minor Change to Tentative Parcel Map No. 7673,~ Revised No. 1 (PA94-0033), DMWR. Director of Planning Gary Thornhill presented the staff report and advised that the Conditions of Approval should include Number 60 and 61 in the "prior to issuance of Minutes\5\10\94 -7- 11/07/96 City Council Minutes Mav 10. 1994 grading permits" section and Condition No. 20 in the "prior to recordation of final map" section. Councilmember Mu~oz suggested placing consideration of widening of Winchester Road on a future agenda. Mayor Roberts opened the public hearing at 8:00 PM. Michael Perry, representing the applicant, spoke in favor of being allowed to complete the improvements. However, he objected to being required to double the bond amount and advised that currently he is required to carry 8% of the cost of the entire assessment district. Dennis Chiniaeff, representing Kemper Development, recommended that a list of locations be maintained. He stated it is his understanding that Series C bonds would only be an $8,000,000 issue and would not include all of Winchester Road. Mayor Roberts closed the public hearing at 8:07 PM. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve staff recommendations as follows: 21.1 Reaffirm the Negative Declaration for Tentative Parcel Map No. 26232, Revised No. I (PA93-0141); 21.2 Adopt a resolution entitled: RESOLUTION NO. 94-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING MINOR CHANGE TO TENTATIVE PARCEL MAP NO. 26232, REVISED NO. I (PA 94-0033) TO DELETE CONDITIONS OF APPROVAL NO. 25 AND 60 AND TO ADD THREE (3) NEW CONDITIONS TO THE CONDITIONS OF APPROVAL FOR PA 93-0141 TO ALLOW DEFERRING THE BONDING REQUIREMENT FOR WINCHESTER ROAD, NOT INCLUDING THE PARKWAY IMPROVEMENTS, FROM PRIOR TO RECORDATION OF THE FINAL MAP TO PRIOR TO ISSUANCE OF GRADING PERMITS FOR THE PROJECT LOCATED ON THE SOUTH EAST CORNER OF NICOLAS ROAD AND WINCHESTER ROAD The motion was unanimously carried with Mayor Pro Tem absent. RFCFSS Mayor Roberts called a recess at 8:08 PM. The meeting was reconvened at 9:08 PM following the previously scheduled CSD and RDA Meeting. Minutes\5\10\94 -8- 11/07/96 City Council Minutes May 10. 1994 22. Procedures and Recommendations for Notice of Public Hearings Director of Planning Gary Thornhill presented the staff report. RFCFSS Mayor Roberts called a brief recess at 9:20 PM to change the tape. The meeting was reconvened at 9:21 PM. Councilmember Birdsall expressed concern that changes made would become permanent and provide no method to return to legal requirements in the future. City Attorney Thorson reported that changes made would be binding, however the Council would have the future ability to change the procedure. Councilmember Mu~oz stated he favored the sign showing both the proposed action and date of the hearing. He supported noticing 1,000 feet when there are residential properties immediately adjacent, and requested the sign be posted for 30 days before the hearing. Director of Planning Thornhill requested that the length of time the noticing be posted be in accordance with that prescribed by law, stating most projects would have at least a 20-day notice. Councilmember Parks stated that the City is currently exceeding the legal requirements for notice by two times and stated that no matter how far out the noticing goes, complaints will be received. He stated he favored the suggestion that noticing go out far enough to include a minimum number of residents. Mayor Roberts said he feels if an adequate sign is posted, the radius of noticing currently in practice should be adequate. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to approve noticing at a 600 foot radius with the further requirement that in rural, or less dense areas, no fewer than 30 neighboring property owners are to be noticed. Timing for the posting of properties is to continue to be pursuant to code requirements. Homeowners Associations in close proximity of the property are to be noticed and the mailing labels are to be generated, using the method staff determines to be the most effective. The property signs are to be designed and constructed consistent with the exhibit showing the proposed use and hearing date. The motion was unanimously carried with Mayor Pro Tem Stone absent. 23. Status Rel~ort on Winchester Interchange. Overland Bridge. Winchester/Nicolas Signalization. Right Turn lane at Pala Road/Highway 79 South. and Margarita Road Widening North of Rancho California Road Minutes\5\10\94 -9- 11/07/96 City Council Minutes May 10. 1994 Director of Public Works Tim Serlet presented the status report. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to receive and file report. The motion was unanimously carried with Mayor Pro Tem Stone absent. 24. Temecula Town Association Assistance It was moved by Councilmember Birdsall, seconded by Councilmember Parks to continue the item to the meeting of May 24, 1994. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone ABSTAIN: 1 COUNCILMEMBERS: Mu~oz 25. Ahatement of Hazardous Vegetation from Vacant Iots or Parcels as per Ordinance 91- 18. Chal;)ter 6.16 Chief Building Official Tony Elmo presented the staff report. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation as follows: 25.1 Set a public hearing for May 24, 1994 to confirm the cost of hazardous vegetation abatement. The motion was unanimously carried with Mayor Pro Tem Stone absent. CITY MANAC, FR RFPORTS City Manager Ron Bradley welcomed Peter Thorsen who has been appointed City Attorney for the City of Temecula. CITY ATTORNFY R!=PORTS City Attorney Thorsen stated he is pleased to be here and has enjoyed his first coupe of days as City Attorney. Minutes\5\ 10\94 - 1 O- 11/07/96 Citv Council Minutes Mav 10. 1994 ADJOURNM;NT It was moved by Councilmember Birdsall, seconded by Councilmember Mu~oz to adjourn at 10:00 PM to a meeting on May 23, 1994, 8:30 AM, Joint Workshop between the Cities of Temecula and Murrieta and the Economic Development Corporation, at the Temecula Creek Inn. The motion was unanimously carried with Mayor Pro Tem Stone absent. Ron Roberts, Mayor ATTEST: [SEAL] Minutos\5\10\94 -11- 11/07/96