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HomeMy WebLinkAbout051292 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MAY 12, 1992 A regular meeting of the Temecula City Council was called to order at 5:38 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT 5 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. FXFCUTIVF SFSSlON Mayor Birdsall declared a recess to an executive session pursuant to Government Code Section 54956.9(b) and (c) to discuss potential litigation. Mayor Birdsall reconvened the City Council Meeting at 7:02 PM with all members present. INVOCATION The invocation was given by Pastor Gary Ruly, HIS Church Christian Center. PLFDC, F OF ALl F~IANCF The audience was led in the pledge of allegiance by Councilmember Moore. PRES!=NTATIONS/ PROC! AMATIONS Mayor Birdsall proclaimed May 13, 1992 as Transit Appreciation Day. Captain David Webb, representing the California Highway Patrol, spoke on behalf of members of law enforcement and fire services personnel and presented the City with an $862 check to be used to benefit the youth of the community. PUBLIC FORUM None Mayor Birdsall reordered the agenda taking recommending continuance. 15. Item No. 15 out of order, since staff is Change of 7one No. 5361 - Tentative Tract No. 25320 - Bedford Properties Minutes\S\12\92 -1 - 11/07/96 City Council Minutes Mev 12. 1992 It was moved by Councilmember Parks, seconded by Councilmember Moore to continue Change of Zone No. 5631 and Vesting Tentative Tract Map No. 25320 to June 9, 1992. The motion was unanimously carried. CONS!=NT CALFNDAR Councilmember Moore stated she has reviewed the tapes of the previous meeting from which she was absent, and would be voting on issues discussed at that meeting. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to approve Consent Calendar Items 1-12. The motion was unanimously carried. 1. Standard Ordinance Adol~tion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 Approve the minutes of April 28, 1992. 3. Resolution AD0roving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. ADI;~rove Subdivision Agreement and Extension of Time for Tract Mal~ No. 73371-1 4.1 Approve the replacement Subdivision Improvement Agreement and 18- month extension of time for Tract Map No. 23371-1; 4.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. 5. ADI;)rove Subdivision Agreement and Fxtension of Time for Tract Mal~ No. 73371-? 5.1 Approve the replacement Subdivision Improvement Agreement and 18- month extension of time; 5.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. Minutes\5\12\92 -2- 11/07/96 Citv Council Minutes Mav 12, 1992 6. /~prove Subdivision Agreement and Extension of Time for Tract Map No. 23371-3 6.1 Approve the replacement Subdivision Improvement Agreement and 18- month extension of time; 6.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. 7. Al;)prove Subdivision Agreement and Fxtension of Time for Tract Map No. 23371-4 7.1 Approve the replacement Subdivision Improvement Agreement and 18- month extension of time; 7.2 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. 8. A~prove Subdivision Agreement and Fxtension of Time for Tract Map No. 23371-5 8.1 Approve the replacement subdivision improvement agreement and 18- month extension of time. 9. Parcel Map No. 26766 9.1 Approve Parcel Map No. 26766 subject to the Conditions of Approval. 10. Public Works Mutual Aid Agreement 10.1 Approve the attached Public Works Mutual Aid Agreement and authorize the Mayor to execute the agreement. 11. Settlement of Dispute Between City and County Regarding Development Application Fees Received by County for Permits from December 1. 1989 through June 30. 1990 11.1 Approve and authorize the Mayor to sign the Settlement Agreement regarding Development Application Fees received by the County for the period from December 1, 1989 through June 30, 1990 subject to approval by the City Manager and City Attorney as to the final form of the Agreement SFCOND RFADINC, OF ORDINANC!=S 12. Second Reading of Ordinance Ai~proving 7one Change No. 13 12.1 Adopt an ordinance entitled: Minutes\5\12\92 -3- 11/07/96 Citv Council Minutes May 12. 1992 ORDINANCE NO. 92-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 13, CHANGING THE ZONE FROM R-R 2 1/2 (RURAL RESIDENTIAL, 2 1/2 ACRE LOT SIZE MINIMUM) TO R-1 (SINGLE FAMILY RESIDENTIAL) ON PROPERTY LOCATED ON THE NORTHWEST CORNER OF SERAPHINA ROAD AND RITA WAY, AND KNOWN AS ASSESSOR PARCEL NOS. 914-260-039 THROUGH 046 PUBLIC H!=ARINC-S 13. Mitigated Negative Declaration and Condemnation of Prol~erty - (AP #971-300-006) Assistant City Manager Mark Ochenduszko stated the property owner has requested a two week continuance. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Muhoz to continue the public hearing to the meeting of May 26, 1992. The motion was unanimously carried. 14. ADleroval Authority for Subdivision and Land Use ,~l~lication Ordinance Director of Planning Gary Thornhill presented the staff report. Mayor Pro Tem Lindemans questioned the reason for the recommendation on Item No. 3 and stated he would prefer the approval authority remain with the Planning Director. Mayor Birdsall opened the public hearing at 7:25 PM. Since there were no requests to speak, the Mayor declared the public hearing closed at 7:25 PM. Councilmember Parks stated he would like to know the reasons the Planning Commission requested changes in approval authority. Councilmember Muhoz suggested that the Chairman of the Planning Commission be invited to attend the next City Council meeting and give input on the recommendations of the Commission. Mayor Birdsall stated the Chairman of the Commission has a conflict on Tuesday nights, and suggested that the Commission appoint a member to attend. Councilmember Parks stated he would like to approve original staff recommendations with the caveat the staff has the ability to move a controversial issue from the Planning Director approval to the Planning Commission Approval. Minutes\5\12\92 -4- 11/07/96 City Council Minutes Mav 12. 1992 It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to accept the original staff recommendation, before Planning Commission changes, with staff authority to refer controversial matters to the Planning Commission. Councilmember Parks requested that this be continued for two weeks to allow staff to come back with appropriate verbiage and to allow the Planning Commission time to respond. Councilmember Mu~oz agreed with Councilmember Parks and requested that a Planning Commissioner be present to explain the views of the Commission. Mayor Pro Tem Linderoans withdrew his motion, Councilmember Moore withdrew her second. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to reopen the public hearing and continue the public hearing for two weeks with staff directed to prepare the language discussed, which allows the Planning Director to refer controversial matters to the Planning Commission. Staff was also directed to request that a Planning Commission representative attend the next meeting to present the reasons for the Commission's recommendations. The motion was unanimously carried. 16. Ai~peal No. 24 (/~l~eal of Planning Commission Denial of Plot Plan No. 8839. Revised No. 1. Amended No. ? Director of Planning Gary Thornhill presented the staff report. Mayor Pro Tern Lindemans asked if handicapped access needs to be provided to the second floor. Director of Planning Thornhill explained the Equivalent Uses Rule which would provide for an exception. Councilmember Parks asked if the second story of the building was developed by the previous owner with the appropriate permits. Director of Planning Thornhill answered that appropriate permits were not obtained, however approval of this project would allow the City to bring the building up to code, without returning the second floor to its original "storage only" state. Mayor Birdsall opened the public hearing at 7:53 PM. Larry De Crona, 41920 Sixth Street, representing the owners of the building, said this project was inherited, from the County, by the City, and from the previous owners, by his company. He stated he is aware that the improvements made on the second floor were made without the proper permits, and the current owners are willing to bring this up to code. He explained one of the conditions of approval requires the applicant to pave the alley, which should address some of the concerns of the Council. Minutes\5\12\92 -5- 11/07/96 Citv Council Minutes Mav 12. 1992 Councilmember Parks asked how the owner would guarantee that the garages would be used for parking instead of storage. Mr. De Crona stated this could be accomplished through tenant agreements. Mayor Pro Tern Lindemans asked if the garages could be removed. Mr. De Crona stated the doors could be removed, making them into car ports, but the actual garages are part of the building structure. Councilmember Parks suggested reducing some of the square footage on the second story to meet the required parking requirements. Mayor Birdsall called a brief recess at 8:00 PM to change the tape. The meeting was reconvened at 8:01 PM. Mayor Birdsall closed the public hearing at 8:03 PM. Mayor Birdsall asked, if in the event this project is denied, the property owner will have to remove all the improvements made by the previous owner. Director of Planning Thornhill stated that if this project is denied the applicant will be required to limit the uses to storage only, and improvements will have to be removed. Mayor Birdsall reopened the public hearing at 8:12 PM. It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to refer this matter to staff, to work with the applicant to address the issues raised by the Planning Commission. Councilmember Mu~oz amended his motion, Councilmember Parks amended his second to continue the public hearing for 60 days. The motion as amended, was unanimously carried, with Mayor Pro Tern Lindemans abstaining. RFCESS Mayor Birdsall called a recess at 8:12 PM. The meeting was reconvened following the Community Services District Meeting and the Redevelopment Agency Meeting at 9:09 PM. Councilmember Moore left the meeting at 8:12 PM due to illness. COUNCIl BUSIN!=SS 17. Adol~tion of Negative Declaration - Margarita Road Fxtension Gary Thornhill summarized the staff report. Minutes\5\12\92 -6- 11/07/96 Citv Council Minutes Mav 12. 1992 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve staff recommendation as follows: 17.1 Adopt a Mitigated Negative Declaration for Environmental Assessment Number 10, the proposed extension of Margarita Road between Winchester Road and Solana Way. The motion was unanimously carried with Councilmember Moore absent. 18. Maintenance of Streets Not Within the Maintained Road System Tim Serlet presented the staff report. Councilmember Mu~oz stated he requested this item be placed on the agenda because he had received calls from residents who have experienced problems during the rainy season. He asked if it would be possible to provide these residents some basic level of road services, to be paid from gas tax expenditures. Director of Public Works Tim Serlet stated that there are not adequate gas tax funds to fund this type of service. Mayor Birdsall called a brief recess at 9:15 PM to change the tape. The meeting was reconvened at 9:16 PM. Mayor Pro Tem Lindemans asked if it is true that by maintaining these roads, the City would also accept liability. City Attorney Scott Field answered the City would accept liability if it chooses to maintain these roads. Councilmember Parks asked if the City has the ability to set up a community services district to fund these services without accepting liability for these roads. City Attorney Field stated a community service district can be created, however the City will assume liability. Councilmember Parks stated he spoke with Councilmember Moore who is not in favor of the City paying to maintain these roads, however she is in favor of setting up an assessment district for these improvements and services. Denise Strom, 43843 Paulita Road, spoke in favor of the City becoming involved in the maintenance and improvements of these dirt roads. G. F. B. Brewton, 6809 Indiana Avenue, Suite 201, Riverside, representing Tom Sims, spoke in favor of improving John Warner and Santiago Roads. He asked that a community services district be established to fund road improvements and drainage. Minutes\5\12\92 -7- 11/07/96 Citv Council Minutes Mav 12. 1992 Bev Stone, 43136 John Warner Road, spoke in favor of the City assisting in the improvements of dirt roads. Bob Kirkpatrick, 30250 Santiago Road, spoke in favor of creating a community services district to fund the paving of dirt roads in his area. Jim Meyler, 29930 Santiago Road, spoke in opposition to improving dirt roads which property owners knew existed at the time property was purchased. He stated these lots were obtained at a reduced cost since roads were not installed. He explained he feels it is not fair for tax payers to bear the cost of improving property values for those living on a dirt road. Elaine Kee, 30984 Lolita Road, spoke in favor of Santiago Road being developed to a 66 foot right-away. John Martinez, 30260 Santiago, stated assessments for a 32 foot street would probably be $2,800/year, and asked if this would increase of the road is widened. Frank Klein, 30180 Santiago Road, addressed the Council in opposition to a community services district, stating paved roads mean increased traffic and noise and requested this area remain rural. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to extend the meeting for 15 minutes. The motion was unanimously carried, with Councilmember Moore absent. Mayor Pro Tern Lindemans suggested conducting a survey of residents to see what kind of roads they would like to see in their area and if they are willing to participate in a community services district to fund these improvements. Basil Tallent, 30650 Santiago Road, requested that the City provide temporary funding to grade these dirt roads. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Mu~oz to refer this matter to staff and direct that methods be explored for developing minimum standards for rural roads, including cost estimates and advise Council on creation of a special assessment district or community services district. Staff was further directed to conduct a needs assessment with the property owners affected. The motion was unanimously carried with Councilmember Moore absent. 19. Ordinance Amending County Ordinance No. 630 - Animal Regulations City Attorney Scott Field summarized the staff report. Minutes\5\12\92 -8- 11/O7/96 Citv Council Minutes May 12. 1992 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve staff recommendation as follows: Mayor Birdsall called a brief recess at 10:13 PM to change the tape. The meeting was reconvened at 10:14 PM. 19.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE SEIZURE, IMPOUNDMENT AND TERMINATION OF OWNERSHIP RIGHTS IN ABANDONED, NEGLECTED, OR CRUELLY TREATED ANIMALS The motion was unanimously carried, with Councilmember Moore absent. CITY MANAC,!=R RFPORTS None given. CITY ATTORNFY RFPORTS None given. CITY COUNCIl R!=PORTS Mayor Birdsall requested that a City Events Calendar be established. ADJOURNMFNT It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to adjourn at 10:18 PM to the meeting of May 26, 1992 at 7:00 PM. The motion was unanimously carried with Councilmember Moore absent. Patricia H. Birdsall, Mayor ATTEST: reek, City [SEAL] Minutes\5\12\92 -9- 11/07/96