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HomeMy WebLinkAbout060992 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 9, 1992 A regular meeting of the Temecula City Council was called to order at 5:36 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. IFXI=CUTIVI= Sl=SSlON Mayor Birdsall declared a recess to an executive session at 5:37 PM pursuant to Government Code Section 94956.9 (b) and (c). Mayor Birdsall convened the regular meeting with all members present at 7:02 PM. INVOCATION The invocation was given by Associate Pastor Spencer Knight, Vineyard Christian Fellowship. PL!=DGr: OF ALL!:GIANC; The audience was led in the pledge of allegiance by Councilmember Linderoans. Mayor Birdsall made the following announcement regarding action taken in closed session: "Earlier tonight, the City Council met in Closed Session with Legal Counsel. The City Council took action to direct the City Attorney to file an action, no later than Monday, against the Immigration and Naturalization Service to have their pursuit policy declared to be unreasonable; and to preclude the I.N.S. from conducting pursuits until they adopt a reasonable pursuit policy which adheres to current California law." PRFSFNTATIONS/ PROC! AMATIONS Mayor Birdsall announced the winners of the Bicycle Safety Essay Contest. She thanked Motor Officer Mike Pino and Jeff Miller, of the Temecula Target Department Store, who co-sponsored the contest and who provided the mountain bikes for the first place winners. Second place winners were awarded safety helmets and third place winners received Savings Bonds which were provided by the Police Department staff. The winners are listed as follows: 6th Grade Boys First Place Armando Montano Margarita Middle School CCMIN\O60992 -1 - 11/07/90 Citv Council Minutes June 9. 1992 Second Place Third Place Jon Ayers Chris Zavala Margarita Middle School Margarita Middle School 6th Grade Girls First Place Second Place Third Place Vanessa Beeson Alicia Oneil Elyssa Rutledge Margarita Middle School Linfield Margarita Middle School 7th Grade Boys First Place Second Place Third Place David Torres Robert Allen Bledsoe, Jr. Charles Hanchett Margarita Middle School (Special Education Student) Linfield Linfield 7th Grade Girls First Place Jessica Buscema Linfield Second Place Jill Bowman Linfield Third Place Rachael Bruce Linfield RFCFSS Mayor Birdsall called a brief recess at 7:08 PM. The meeting was reconvened at 7:15 PM. PUBLIC FORUM Stony Mitich, 28822 Front Street, announced a fund raiser to assist the families of the accident victims, to be held Thursday, June 18th, 6:00 PM, at the Teen Dance Club. He stated a wide range of music would be played and all funds raised would be donated to the Temecula Valley High School Memorial Fund. Bobbie Young, 45316 Esmerado Court, addressed the City Council regarding the need to change the INS Pursuit Policy rather than blaming individual members of the Border Patrol. She further stated that she is in support of the INS remaining in the City of Temecula, and emphasized the need to enforce the immigration laws of this country. Chris Martinelli, 30255 Corte Cantania, spoke regarding a photograph that appeared in the Press Enterprise of the accident on June 2rid and asked that the City Council send a formal letter of protest against the publication of this type of photograph. Pat Keller, 39201 Solinas Drive, addressed the City Council regarding the need to create neighborhood councils to encompass the City as well as those in our sphere of influence and surrounding communities. She stated she is specifically concerned about the problem in the airport perimeter. CCMIN\060992 -2- 11/07/96 City Council Minutes June 9. 1992 Mayor Pro Tem Lindemans stated the City does have several commissions which address the concerns that Ms. Keller outlined. City Manager Dixon stated that the Community Services Department is working on the development of this type of committee. CONSFNT CA! FNDAR Mayor Pro Tem Lindemans requested that Item No. 7 be removed from the Consent Calendar. Councilmember Parks requested a clarification on Item No. 8 regarding the Gann Limit. Finance Officer, Mary Jane Henry, explained it is a statutory requirement that the City establish a Gann Limit on the November ballot. City Attorney Field stated that this may be amended at a later date. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve Consent Calendar Items 1-6, 8 and 9. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1. Standard Ordinance Adoption 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 May 26, 1992. 3. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A CCMIN\060992 -3- 11/07/96 Citv Council Minutes June 9. 1992 Combining Balance Sheet as of March 31. 1992. Statement of Revenues an Changes in Fund Balance 4.1 Receive and file the Combining Balance Sheet as of March 31, 1992 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Nine Months Ended March 31, 1992. 4.2 Appropriate $15,600 for City Council salaries related to Temecula Community Services District (TCSD) and Redevelopment Agency (RDA) meetings. 4.3 Appropriate $450,000 for Planning consulting fees. Of this total, it is recommended that $20,000 be funded with an operating transfer in from the Redevelopment Agency (RDA). 4.4 Appropriate $60,000 from Engineering development review. City Manager's Contract 5.1 Authorize the mayor to execute the attached letter amending the City Manager's Agreement to provide that the City will make a loan of up to ninety percent (90%) of the purchase price for a home within the City, not to exceed a loan amount of $150,000.00. Annual Review of City Conflict of Interest Code 6.1 Approve amendments to the City's Conflict of Interest Code and Direct the City Clerk to forward the amended code to the Fair Political Practices Commission. 6.2 Adopt a resolution entitled: RESOLUTION NO. 92-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE Resolution Establishing Gann ~prol~riation Limit for FY 1992-93 8.1 Adopt a resolution entitled: RESOLUTION NO. 92-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING THE APPROPRIATIONS LIMIT FOR FY 1992-93 CCMIN\060992 -~- 11/07/90 Citv Council Minutes June 9, 1992 S!:COND R!::ADINR OF ORDINANC!:S Second Reading of Ordinance 97-14 - Subdivision and Land Use 9.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 92-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING ORDINANCE NO. 90-19 AND ESTABLISHING DECISION-MAKING AUTHORITY FOR SUBDIVISION AND LAND USE APPLICATIONS Addition to the Airport Disclosure Condition of ADproval for Vesting Tentative Tract Map No. 25004 Gary Thornhill, Director of Planning, stated he received a call from Mayor Pro Tem Lindemans requesting some clarifying language in respect to the condition on page 3 of the report for Item No. 7. He explained that the changes are to be inserted at the end of the first sentence, prior to airport by inserting the word "comprehensive". In the next sentence, prior to airport the word "permanent" should be inserted prior to airport influence area. He explained this would further clarify that this is the permanent plan, not the interim plan. Councilmember Mu~oz objected to the addition of a "void" clause, stating he feels that property owners in the area need to be notified, whether or not they are within the adopted airport influence area. Councilmember Parks said a line must be drawn, otherwise all houses in the City of Temecula would be required to have a disclosure statement. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to approve staff recommendation as follows: 7.1 Receive and file the attached condition as amended. The motion was carried by the following vote: AYES: NOES: 1 4 COUNCILMEMBERS: Lindemans, Moore, Parks, Birdsall ABSENT: RFCFSS COUNCILMEMBERS: Mu~oz 0 COUNCILMEMBERS: None CCMIN\060992 ~5- 11/07/96 City Council Minutes June 9. 1992 Mayor Birdsall called a recess at 7:58 PM to accommodate the previously scheduled Community Services District Meeting. The meeting was reconvened following the Community Services District Meeting at 8:40 PM. PUBLIC HFARINGS 10. Ordinance Amending Fire Protection Requirements Tony Elmo, Chief Building Official, presented the staff report. Mayor Birdsall opened the public hearing at 8:42 PM. Hearing no requests to speak, Mayor Birdsall closed the public hearing at 8:43 PM. It was moved by Councilmember Moore, seconded by Mayor Pro Tern Lindemans to approve staff recommendation as follows: 11. 10.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 92-12 ORDINANCE OF THE CITY COUNCIL OF THE CITY AN OF TEMECULA, CALIFORNIA, AMENDING RIVERSIDE COUNTY ORDINANCE NO. 546, "FIRE PROTFCTION" ADOPTED BY REFERENCE BY THE CITY OF TEMECULA, BY AMENDING DIVISION VIII, FIRE PROTECTION REQUIREMENTS FOR BUILDINGS, INSTALLATION, REPAIR AND MAINTENANCE OF FIRE SYSTEMS AND APPLIANCES 10.2 Adopt a resolution entitled: RESOLUTION NO. 92-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, SETTING FORTH THE CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO RIVERSIDE COUNTY ORDINANCE NO. 546 "FIRE PROTECTION" ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA The motion was unanimously carried. Ordinance AdoDting and Amending Various Building Codes and Resolution Establishing Building Valuation and Miscellaneous Fee Schedules Chief Building Official Tony Elmo, presented the staff report. Councilmember Parks asked how long it has taken to accumulate this information and how much time interested parties have been given to review the changes. Mr. Elmo CCMIN\060992 -6- 11/07/96 Citv Council Minutes June 9. 1992 answered it has taken approximately three months to accumulate this information and it was sent out for review 10 days ago. Councilmember Parks expressed concern that 10 days is not enough time to review these changes, since they represent an increase in fees, and asked that this matter be continued for two weeks in order to allow review by the building industry. City Manager Dixon suggested that the Council approve the first reading of the ordinance, approve the resolution dealing with modifications of the 1992 Building Codes, and continue the fee basis resolution for two weeks. Mayor Birdsall opened the public hearing at 8:52 PM. Larry Markham, 41750 Winchester Road, stated he feels the industry would welcome the opportunity to review these changes and would be in favor of a continuance. Mayor Birdsall closed the public hearing at 8:56 PM. It was moved by Councilmember Parks, seconded by Councilmember Moore to approve staff recommendations 11.1 and 11.3 as follows and continue recommendation 11.2; a Resolution setting forth the fee basis for various permits not specially listed in the most current adopted edition of the Uniform Administrative Code and the Determination of Building Construction Valuation, to the meeting of June 23, 1992. 11.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 92-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ADOPTING BY REFERENCE THE FOLLOWING CODES WITH CERTAIN AMENDMENTS THERETO: THE 1991 EDITION OF THE UNIFORM BUILDING CODIF, THE 1991 EDITION OF THE UNIFORM BUI!DING CODIF STANDARDS. THE 1991 EDITION OF THE UNIFORM MFCHANICA! CODIF, THE 1991 EDITION OF THE UNIFORM P! UMBING CODIF, THE 1991 EDITION OF THE UNIFORM ADMINISTRATIVF CODIF, THE 1991 EDITION OF THE UNIFORM CODIF FOR THIF ABATEMENT OF DANC, EROUS BUILDINGS, THE 1991 EDITION OF THE UNIFORM HOUSING CODIF, AND THE 1991 EDITION OF THE UNIFORM SWIMMING POOLS. SPAS AND HOT TUB CODF 11.3 Adopt a resolution entitled: RESOLUTION NO. 92-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA SETTING FORTH THE LOCAL CONDITIONS UPON WHICH A DETERMINATION HAS BEEN MADE BY THE CITY COUNCIL THAT MODIFICATIONS TO THE 1991 EDITION OF THE UNIFORM BUILDING CODE, THE 1991 EDITION OF THE UNIFORM CCMIN\O60992 -7- 11/07/g6 City Council Minutes June 9. 1992 12. MECHANICAL CODE AND THE 1991 EDITION OF THE UNIFORM PLUMBING CODE AND THE 1991 EDITION OF THE UNIFORM ADMINISTRATIVE CODE, ARE REASONABLY REQUIRED BY LOCAL CONDITIONS WITHIN THE CITY OF TEMECULA The motion was unanimously carried. Tentative Tract MaD ?3?09. Laverda Emond/Michael Lundin Gary Thornhill, Director of Planning, presented the staff report. Councilmember Parks clarified that the Butterfield Stage Road alignment has been lowered to its lowest possible point to minimize the impact on the vineyards. Director of Public Works Tim Serlet confirmed this, and stated the wineries are in agreement. Mayor Birdsall opened the public hearing at 9:05 PM. Robert Kemble, 28765 Single Oak Drive, representing the applicant, stated the project has been substantially revised in response to direction from Council. He further stated the applicant has worked closely with City staff and surrounding neighbors, and feel Council's direction has been met. Nelson Betancourt, 40835 Calle Medusa, spoke in opposition to approval of the tract map, stating a project of 220 homes that will impact Calle Medusa, and asked that a condition be added requiring the developer to pay for a portion of the extension to Nicolas Road to mitigate these problems. Mayor Birdsall called a brief recess at 9:11 PM to change the tape. The meeting reconvened at 9:12 PM. Sean Browning, 31752 Poole Court, spoke in opposition, due to traffic concerns and the impact on Rancho Elementary School parking. Mayor Birdsall closed the public hearing at 9:17 PM. Councilmember Parks asked if a traffic study was done on this project. Director of Public Works Tim Serlet answered a determination was made from the County that a traffic study was not needed. Councilmember Mu~oz stated he feels the focus should be placed on improving Butterfield Stage Road in a timely manner, because this will ultimately solve the problem. Mayor Pro Tern Lindemans suggested that a condition be added to require a traffic study, with the focus on Calle Medusa traffic mitigation. CCMIN\060992 -8- 11/07/96 City Council Minutes June 9. 1992 13. City Attorney Field suggested the wording as follows: Prior to recordation of the final map, a focused traffic study shall be completed to establish mitigation measures to address access to the tract along Butterfield Stage Road and Nicolas Road. Such mitigation measures shall be incorporated into the tract map conditions. Mayor Birdsall reopened the public hearing at 9:36 PM to ask the applicant if this additional condition would be agreeable. Robert Kemble, representing the applicant, stated he feels a traffic study will not reveal anything that is not already known. He further stated he feels it is unfair to place the entire burden on this particular project. Mayor Pro Tem Lindemans asked if the applicant would be willing to pay his fair share. Mr. Kemble stated this would be agreeable. City Attorney Field suggested the following additional condition: "Prior to recordation of the final map, an Assessment District or other public financing mechanism, shall be established to address access to the Tract along Butterfield Stage Road and Nicholas Road. The subdivider shall participate in and pay its fair share of any such Assessment District or other public financing mechanism." It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to approve staff recommendation, with the additional condition as follows: Prior to recordation of the final map, an Assessment District or other public financing mechanism, shall be established to address access to the Tract along Butterfield Stage Road and Nicolas Road. The subdivider shall participate in an and pay its fair share of any such Assessment District or other public financing mechanism. 12.1 Re-Affirm the Negative Declaration for Tentative Tract Map No. 23209; 12.2 Adopt a resolution entitled: RESOLUTION NO. 92-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING TENTATIVE TRACT MAP NO. 23209 TO SUBDIVIDE 80 ACRES INTO A 220 UNIT SINGLE FAMILY SUBDIVISION WITH A 2.9 ACRE PARK LOCATED AT THE EASTERLY TERMINUS OF LA SERENA WAY AND KNOWN AS ASSESSOR'S PARCEL NO. 914-310-018 THROUGH 032 The motion was unanimously carried. ADI;)eal No. ?5 for Variance No. 10, Denial of a Prol~osed 55 Foot High Freeway Sign Director of Planning Gary Thornhill presented the staff report. CCMIN\06Og~)2 -9- 11/O7/~)6 City Council Minutes June 9. 1992 Mayor Pro Tem Lindemans asked if the requested variance was for a limited amount of time. Mr. Thornhill answered that the variance request does not have a time limitation. Mayor Birdsall opened the public hearing at 9:45 PM. Lou Kashmere, 29115 Front Street, stated he would not be opposed to a time limitation on this variance, but is asking that a 55 foot sign be allowed for a period of time while his business is being established. David Flowers, 28980 Front Street, Manager of Ramada Inn, spoke in support of the variance and stated he believes this sign will generate business from the Interstate that will profit other businesses, such as his, in Old Town. Mayor Birdsall closed the public hearing at 9:50 PM. Councilmember Mu~oz stated he feels the Planning Commission has expressed concerns, and their findings are quite satisfactory to warrant the denial of ordinance. Councilmember Moore also stated her opposition to this type of sign. Mayor Pro Tem Lindemans stated he does not have a problem with allowing a 55 foot sign for a period of two years, to allow the business to become established. Councilmember Parks stated he does not see a large difference between 45 and 55 feet and would support such a variance for a two year period, stating businesses need as much exposure as possible in these difficult economic times. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to approve staff recommendation, with the additional condition that the variance be approved for a two year period and would require an extension for any additional time. City Manager Dixon expressed concern that this may get into an abatement situation at the end of the two year period. City Attorney Field stated that an abatement issue has occurred in the past in other areas and suggested the following condition: "The applicant agrees to enter into an agreement stipulating that if at the end of a two year period, the City Council does not grant an extension to this variance, the sign will automatically be reduced to a height of 45 feet at the owners expense. Mayor Pro Tem Lindemans agreed to amend the motion, Councilmember Parks agreed to amend his second. 13.1 Adopt a resolution entitled: CCMIN\060992 -10- 11/07/96 Citv Council Minutes June 9. 1992 RESOLUTION NO. 92-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, APPROVING APPEAL NO. 25, VARIANCE NO. 10, TO INSTALL A 55 FOOT HIGH FREEWAY SIGN AT AN APPROVED AUTOMOTIVE SERVICE FACILITY LOCATED AT THE SOUTHERLY TERMINUS OF FRONT STREET AND HIGHWAY 79 SOUTH, 29115 FRONT STREET The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Lindemans, Parks, Birdsall NOES: 2 COUNCILMEMBERS: Moore, Mu~oz ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Parks, seconded by Mayor Pro Tern Lindemans to extend the meeting for 15 minutes. The motion was unanimously carried. 14. AOl~eal No. 73 for Parcel Mal~ No. ?7515. Third Extension of Time Director of Planning Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 10:02 PM. Larry Markham, 41750 Winchester Road, Ste N, stated he is available to respond to questions. Hearing no questions from Council or public comments, Mayor Birdsall closed the public hearing at 10:02 PM. It was moved by Councilmember Parks, seconded by Councilmember Moore to approve 15. staff recommendation as follows: 14.1 Adopt a resolution entitled: RESOLUTION NO. 92-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING APPEAL NO. 23, TO ELIMINATE CONDITION NO. 12 FOR THE THIRD EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 22515 LOCATED ON THE NORTHEAST SIDE OF THE SOUTHERLY TERMINUS OF FRONT STREET Change of 7one No. 5361 and Vesting Tentative Tract Mal~ No. ?53?0 Mayor Birdsall opened the public hearing at 9:55 PM. CCMIN\O60992 -11- 11/07/96 City Council Minutes June 9. 1992 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to continue the public hearing until the meeting of June 23, 1992. The motion was unanimously carried. Councilmember Mu~oz requested that this item be placed first on the next agenda since several people have waited to speak on the issue. CITY MANAG!=R R;PORTS City Manager Dixon stated he talked with Superintendent Pat Navotney, the City's Teen Council and the Student Body Council at the Temecula High School who will work together to determine an appropriate location for memorials at the high school. He stated it will be a joint effort between the schools and the City. CITY ATTORN!=Y R;PORTS None given. CITY COUNCIl RFPORTS Mayor Pro Tern Lindemans stated he was present at the funerals of the victims of last week's tragedy as the representative of the City. ADJOURNMFNT It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to adjourn at 10:05 PM. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: Ju e~~eek, Cit~y Cierk'~ [SEAL] CCMIN\060992 -12- 11/07/96