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HomeMy WebLinkAbout062392 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JUNE 23, 1992 A regular meeting of the Temecula City Council was called to order at 6:23 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 SFSSION Mayor Birdsall declared a recess to an executive session at 6:23 PM pursuant to Government Code Section 54956.9 (a) to discuss pending litigation in the matter of the City of Temecula vs the U.S. Border Patrol and Government Code Section 54956.9(c). Mayor Birdsall convened the regular meeting with all members present at 7:11 PM. INVOCATION The invocation was given by Bishop Tom Smith, Church of Jesus Christ of Latter Day Saints PL!=DG!= OF A! L!=RIANCF The audience was led in the pledge of allegiance by Councilmember Mu~oz. PR!:Sr:NTATIONS/ PROC! AMATIONS Mayor Birdsall proclaimed June 27-28th to be "Amateur Radio Week 1992". She presented Ron Perry with the proclamation. Mr. Perry invited the City Council and citizens to attend a demonstration to be held at French Valley Airport on Saturday, June 27th from 11:00 AM to 9:00 AM on the 28th. Mayor Birdsall proclaimed the month of July 1992 to be the "Month of the Arts", and presented Jim Meyler, President of the Arts Council with the proclamation. Mr. Meyler announced that the Arts Festival will take place July 17th - 26th and invited the Council and citizens to participate. He distributed the 1992 Arts Festival poster, painted by local artist Teresa Bell, to members of the Council. Mayor Birdsall proclaimed Sunday, June 28th, 1992 as "Families Helping Families Day". Carol Gamboni, accepted the proclamation and invited the City Council and community to support Minutes\O6\23\92 -1- 11/07/~)6 Citv Council Minutes June 23. 1992 the families of the victims of the tragedy by joining together for a family picnic, held on June 28th at the High School Soccer Fields, 1:00 PM to 4:00 PM. Mayor Birdsall proclaimed July 1, 1992 as "Happy Birthday Murrieta Day" in honor of Murrieta's first birthday. She announced a celebration will be held on June 27th at the California Oaks Sports Park and the City of Murrieta will also host an Open House at the Murrieta City Hall on July 1, 1992. City Attorney Field reported on executive session actions regarding the decision of the Federal Court to deny the City's request for a temporary restraining order to prohibit Border Patrol pursuit's within the City of Temecula. He indicated the purpose of the suit was not to interfere with enforcement of immigration laws, or remove the Border Patrol from the City of Temecula. He stated after discussion of the issue, the City Council directed the City Attorney to analyze the City's options to amend and refile the complaint and report back in two weeks. PUB! IC COMM!:NTS John Affolter, 34121 De Portola Road, addressed the City Council in support of the Border Patrol. He stated there is a real need for this service in the Country, as well as our community, listing the millions of dollars spent each year on illegal alien services, such as uncompensated medical care, criminal justice, education, etc. Mayor Birdsall Temecula, only City agencies. Sandra Wilson, and asked that stated it is not the City Council's intent to close the border patrol office in to review the pursuit policy, as it relates to cooperation with Federal, State and 40390 Carmelita Circle, spoke in support of the "Families Helping Families" day the Community pull together and support this picnic. James Marpie, 27120 El Rancho Drive, Sun City, addressed the City Council regarding the retention and detention of rainfall on site and asked that City ordinances be updated to include these types of methods. CONSI:NT CAI ;NDAR Councilmember Mu~oz requested the removal of Item 4 and 7 from the Consent Calendar. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to approve Consent Calendar Items 1-3, 5, 6, 8-13. The motion was carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 Minute$\O6\23\92 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Parks, Birdsall COUNCILMEMBERS: None COUNCILMEMBERS: None -2- 11/07/96 Citv Council Minutes June 23. 1992 Standard Ordinance Adoption Procedure 1.1 Minutes 2.1 2.2 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approve the minutes of June 4, 1992. Approve the minutes of June 9, 1992. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 92-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Community Facilities District 88-12 Agreement with J.F. Davidson Associates. Inc. for Professional r:ngineering Services Associated with 1-15 5.1 Authorize J.F. Davidson Associates, Inc. to proceed with the final preparation of plans, specifications, and estimates for Rancho California Road and Winchester Road interchanges as detailed under Schedule "C" of the original contract approved December 18, 1990, and reallocate $17,800.00 from the Schedule "C" budget to the Overland Overcrossing Budget for extra work associated with the preparation of the Project Study Report. Contract Amendment No. ? to Community Facilities District 88-12 (Ynez Corridor) Engineering Contract with J.F. Davidson Associates. Inc. 6.1 Approve Contract Amendment No. 2 with J.F. Davidson Associates, Inc. to provide additional engineering services in the amount of $53,434. Temecula Valley Via Del Coronado Storm Drain Stage 2. Tract No. ?3?67-3 Cooperative Agreement 8.1 Approve Temecula Valley Via Del Coronado Storm Drain Stage 2 (Tract No. 23267-3) Cooperative Agreement with the Riverside County Flood Control and Water Conservation District and the Presley Companies; 8.2 Authorize the execution and attestation of such agreement in its final; form by the Mayor and City Clerk. Minutes\06\23\92 -3- 11/07/96 Citv Council Minutes June 23. 1992 9. Development Services Tracking Software Acquisition 9.1 Approve the acquisition of the Sierra Computer Systems, Inc., (Sierra) permit software package. 9.2 Approve the budget transfers included on Attachment A. 10. Solid Waste Program Rates and Services Resolution 10.1 Adopt a resolution entitled: RESOLUTION NO. 92-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE SOLID WASTE SERVICES AND CORRESPONDING RATES APPLICABLE TO FRANCHISED AND GRANDFATHERED HAULERS FOR THE COLLECTION, TRANSPORTATION, RECYCLING, COMPOSTING, AND DISPOSAL OF SOLID WASTE AND CONSTRUCTION DEBRIS AND FOR PROVIDING TEMPORARY BIN/ROLLOFF SERVICES IN ALL COMMERCIAL, RESIDENTIAL, CONSTRUCTION, AND INDUSTRIAL AREAS WITHIN THE CITY OF TEMECULA 11. Resolution Establishing the Basis for Various Building Permits and Valuation 11.1 Continue to the meeting of July 28, 1992, to allow staff to meet with the local Coordinating Committee regarding this resolution. 12. Contract Award for Plan Review Services 12.1 Approve the award of contract to the Esgil Corporation, as the primary plan review firm to provide complete plan review services to the Building and Safety Department. 12.2 Approve the retention of Van Dorpe/Chou and Associates, Inc., and Melad and Associates, to support the plan review needs of the City's Building and Safety Department. Sr:COND R!=ADING OF ORDINANCr:S 13. Second Reading of Ordinance Amending Uniform Building Code 13.1 Read by title only and adopt an ordinance entitled: ORDINANCENO. 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 Minutes\O6\23\92 -4- 1 1/07/96 Citv Council Minutes June 23. 1992 BUILDING CODIF, THE 1991 EDITION OF THE UNIFORM BUILDINC, CODIF STANDARDS. THE 1991 EDITION OF THE UNIFORM MFCHANICAL CODIF, THE 1991 EDITION OF THIF UNIFORM PLUMBING CODF, THE 1991 EDITION OF THE UNIFORM ADMINISTRATIVIF CODI=, THE 1991 EDITION OF THE UNIFORM CODF FOR THIF ABATEMIFNT OF DANGIFROUS BUILDINGS, THE 1991 EDITION OF THE UNIFORM HOUSlNC, CODIF, THE 1991 EDITION OF THE UNIFORM FIRIF CODIF, THE 1991 EDITION OF THE UNIFORM FIRIF CODIF STANDARDS AND THE 1991 EDITION OF THE UNIFORM SWIMMING POOLS. SPAS AND HOT TUB CODE Solicitation of Bids for the Extension of Margarita Road from Solana Way to Winchester Councilmember Mu~oz asked what the City's options will be if necessary right-aways are not obtained. City Manager Dixon reported that it is staff's intention to work through this issue for the next 45 days while bids are being accepted. He stated the worst case would require obtaining the land through condemnation. He explained this project is necessary to complete the Ynez corridor circulation and it is important to send a message to property owners that the City is serious about this project and will set in motion whatever legal remedies are necessary. City Attorney Field stated that hopefully this issue can be resolved on a mutually agreeable basis, however other options do exist as a "last resort" scenario. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to authorize the extension of Margarita Road from Solana Way to Winchester Road. The motion was unanimously carried. Contract Change Order No. 001 on Project No. PW 97-01 - Street and Sidewalk Iml~rovements at Various Schools Councilmember Mu~oz asked what is being done with trees that have been removed due to this change order. Director of Public Works Tim Serlet stated that in all cases an effort is made to relocate trees. He reported that in this case it was not possible to relocate due to the type and age of trees involved. Councilmember Mu~oz asked why these improvements were not made at the time the school was built. City Manager Dixon explained that these schools were built many years ago and the school's budget did not cover the cost for all improvements. Councilmember Mu~oz asked what policy the City has with the School District for future schools. City Manager Dixon reported that all schools built in the last few years have included curbs, gutters and sidewalks. Minutes\O6\23\92 -5- 11/07/96 City Council Minutes June 23. 1992 Councilmember Parks asked why there is a $12,500 charge for a 10 day delay and asked that staff evaluate that charge. It was moved by Councilmember Parks, seconded by Councilmember Moore to approve staff recommendation as follows: 7.1 Approve Contract Change Order No. 001 for Project PW 92-01 in the amount of $36,911.50; 7.2 Transfer $20,322.41 from the Measure "A" Fund to the Capital Projects Fund and appropriate $20,322.41 to Account No. 021-165-607-44-5804 from Unreserved Fund Balance. RFCESS Mayor Birdsall called a recess at 7:56 PM. The meeting was reconvened at 8:10 PM with all members present. PUBLIC H!=ARINGS 14. 7one Change No. 5631 and Vesting Tentative Tract Mal:) No. ~25370 Mayor Birdsall announced the public hearing was opened and continued at a prior meeting. Gary Thornhill, Director of Planning presented the staff report. Councilmember Parks asked what staff's recommendation prior to the Planning Commission hearing had been. Director of Planning Thornhill answered the original recommendation was for approval, based on the project's consistency with SWAP. Barry Burnell, 32423 Holiday Street, representing the applicant, addressed the City Council regarding issues relating to the general plan, i.e., topography, drainage and density. He stated that much of the surrounding development is consistent with this project and he showed slides of existing property as well as computer simulated slides showing the project at full build-out. He encouraged the City Council to carefully consider all the issues and asked that this project be approved. Mayor Pro Tem Lindemans asked how close the Community Recreation Center and amphitheater will be to this proposed project and stated he feels this will create a noise problem for residents in the proposed project. Esther L. Schick, 42850 Santa Suzanne Place, in Lake Village, spoke in support of the denial of zone change. She stated that new building will add silt and additional problems to the Lake. Minutes\06\23\92 -6- 11/07/96 City Council Minutes June 23. 1992 Marsha Slavin, 30110 La Primavera, spoke in support of the denial of Zone Change No. 5631. She asked that the City enter into negotiations to purchase this land for use as a passive park. Mayor Birdsall asked if it is the Lake Villages Homeowners desire that this land be left as is, and questioned whether some of the silt problem is due to the land being undeveloped. Ms. Slavin stated she feels the problems have been caused due to a gas line being put in, with no re-vegetation of the hills. She further stated she is in favor of "pocket parks" with grass and benches, or other types of passive parks. She suggested this would be a good project for Temecula Valley High School and Boy Scout Community Service Projects. Phil Hoxsey, 43318 Cielo De Azul, spoke in support of the denial Zone Change No. 5631. Norman K. Dunn, 30434 Colina Verde, spoke in support of the denial and requested that the City commence negotiations for purchase of this land for a park. Robert Rhein, 30353 Veronda Place, spoke in support of denial of Zone Change No. 5631 and presented the City Clerk with a petition containing 158 signatures. Mike Medaris, 30601 Moontide Court, Vice President of Starlight Ridge Homeowners Association, spoke in support of denial. He requested that the City enter into negotiations to purchase this property for use as a park. Nate Dibiasi, 30445 Miraloma Drive, spoke in support of the denial and asked that this property be purchased by the City for use as a park. Philip Saum, 43209 Vista Del Rancho, spoke in support of the denial. Matt Mason, 30113 La Primavera St., spoke in support of denial, due to traffic concerns. James Marpie, spoke neither in support or against, but asked that the Council put together ordinances that will require developers to put in water retention and detention facilities and protect groundwater. Mayor Birdsall closed the public hearing at 9:05 PM. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tern Lindemens to reopen the public hearing and continue it for 30 days. Mayor Pro Tem Lindemens requested that this be referred to staff to see if it is feasible to purchase this property. Mayor Birdsall stated she would like additional information regarding erosion control, and specifically whether this project would contribute to the problem or help correct it. Minutes\O6\23\92 -7- 11/07/96 Citv Council Minutes June 23, 1992 Councilmember Parks asked that input be given on whether needed improvements on Pauba Road will be done if this project is not approved, and how they will be funded. Mayor Birdsall called a brief recess at 9:10 PM to change the tape. The meeting was reconvened at 9:11 PM. Councilmember Moore stated she feels if the City purchases the land, it should not be restricted for use as park land only. The motion was unanimously carried. RFCFSS Mayor Birdsall called a recess at 9:13 PM. The meeting was reconvened following the Community Services District Meeting and the Redevelopment Agency Meeting at 9:55 PM. It was moved by Councilmember Moore, seconded by Councilmember Parks to extend the meeting for 10 minutes. The motion was unanimously carried. 15. Apl~eal No. ?6 (Apl~eal of Condition of Apl~roval No. ?4 Re(;luiring a Block Wall Along the Southern and Northern Portions of Conditional Use Permit No. ?. Revised No. 1) Director of Planning Gary Thornhill presented the staff report. Mayor Birdsall opened the public hearing at 10:04 PM. Eric Gable, representing the applicant, spoke in favor of the appeal, stating that landscaping would be a more effective screen and will not cause the graffiti problem that is often associated with a wall. Councilmember Mu~oz asked if the proposal is to remove the wall completely or just a section of the wall. Mr. Gable stated he proposed complete removal of the wall. Mayor Birdsall closed the public hearing at 10:09 PM. Councilmember Parks stated he prefers the idea of landscaping rather than walls and if the Planning Department feels they can adequately screen the bays from Ynez Road he is in favor. He stated, however, that he does not want to see the open bays from Ynez Road and suggested having a landscape screen to the face of the building and a wall the rest of the way. Councilmember Moore stated she does not want to see the bays, however if the Planning Department feels landscaping is adequate, she would be in favor of eliminating the condition. Minutes\06\23\92 -8- 11/07/96 Citv Council Minutes June 23. 1992 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore uphold the appeal and to direct staff to submit the landscape plan to the Planning Commission for approval. City Manager Dixon expressed concern stating it needs to be clearly identified what the Council wants in terms of landscaping and where walls begin and end. He also expressed concern that adequate controls would be placed on landscape maintenance, and stated that walls are permanent. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Mu~oz to extend the meeting until 10:30 PM. The motion was unanimously carried. City Attorney Field suggested that the motion be amended as follows: Uphold the appeal of Condition No. 24 with the stipulation that the landscape plan be submitted to the Planning Commission for approval and that a condition of approval be added to require a landscape agreement be executed and recorded with the plot plan to assure that proper landscape maintenance is provided. Mayor Pro Tem Lindemans, and Councilmember Moore amended the motion and second accordingly. The motion was unanimously carried. 16. Ai~l;)eal No. 70 for Plot Plan No. 10605. Amendment No. 1. Revised Permit No. 1 and Variance No. 11 - To-Mac Engineering Director of Planning Gary Thornhill presented the staff report. Mayor Birdsall called a brief recess at 10:22 PM to change the tape. The meeting was reconvened at 10:23 PM. Mayor Birdsall opened the public hearing at 10:24 PM. Tony Terrich, 41934 Main Street, To-Mac Engineering, representing the applicant, requested that the appeal be granted He stated this gravel paving is a porous pavement and will recharge ground water. He stated that there are other similar business that do not have asphalt parking lots. He requested that since the Old Town Specific Plan is in process and asphalt may not be allowed in Old Town, this condition of approval not be enforced at this time. Councilmember Mu~oz asked how long the building has been occupied without a certificate of occupancy. Mr. Terrich responded approximately 1 1/2 years, however he did have approval for temporary occupancy by staff. James Marpie, 27120 El Rancho Road, Sun City, stated gravel is an ideal porous pavement and recommended this be considered as an acceptable paving. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to extend the meeting for 15 minutes. The motion was unanimously carried. Minutes\O6\23\92 -9- 11/07/96 Citv Council Minutes June 23, 1992 Mayor Birdsall closed the public hearing at 10:35 PM. Councilmember Moore stated she asked staff to contact the Urban Design Group, who is doing the design work for the Old Town Specific Plan, and after speaking to them learned that gravel will not be a recommended paving in Old Town Specific Plan. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to approve staff recommendation. Mayor Pro Tem Linderoans stated he likes the old time flavor of gravel. He stated he would recommend that the applicant be given a year until the Old Town Specific Plan is set by the proper citizen groups and proper hearings. Councilmember Mu~oz stated he feels that the property owner should live up to the conditions of approval. Mayor Birdsall requested a roll call vote on the motion on the floor. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Moore, Mu~oz NOES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Parks ABSENT: 0 COUNCILMEMBERS: None It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to grant a variance of 18 months at which time it comes back to the Planning Commission and the condition of approval will be met. City Manager Dixon stated he feels the City Attorney should clarify such points as what happens if the property is sold, and the understanding that in 18 months the property owner will comply. It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Parks to extend the meeting for five minutes. The motion was unanimously carried. City Attorney Field suggested the following: denial of the appeal and the variance and grant an amendment to the plot plan for a period of 18 months, subject to the condition that within 18 months it must be brought into compliance, using the materials specified and approved in the Old Town Specific Plan. Second, that an agreement be recorded with the property, notifying any future owners of this condition. Director of Planning Thornhill suggested that the motion be amended to six months after the Specific Plan is adopted. Mayor Pro Tern Lindemans agreed to amend it to one year after the Old Town Specific Plan final adoption. Councilmember Parks seconded the amendment. Minutes\O6\23\92 -1 O- 11/07/96 City Council Minutes June 23. 1992 Councilmember Parks stated he feels it is the ideal opportunity to test gravel as an alternate source of paving, which would meet the requirement of a porous pavement and allow water to percolate down in the soil and be retained on site. City Manager Dixon stated that a specific time period of 18 months would be preferable to 1 year after the Old Town Specific Plan is adopted, since a calendar date is much easier to administer. Mayor Pro Tem Lindemans amended the motion to be 18 months, Councilmember Parks, amended his second. Final motion is as follows: It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Parks to deny the appeal and the variance and grant an amendment to the plot plan for a period of 18 months, subject to the condition that within 18 months it must be brought into compliance, using the materials specified and approved in the Old Town Specific Plan. Second, that an agreement be recorded with the property notifying any future owners of this condition. 16.1 Adopt a resolution entitled: RESOLUTION NO. 92-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING APPEAL NO. 20, UPHOLDING PLANNING COMMISSlON'S DECISION TO DENY PLOT PLAN NO. 10605, AMENDMENT NO. 1, REVISED PERMIT NO. 1 AND VARIANCE NO. 11 TO ALLOW A GRAVEL PARKING LOT LOCATED ON THE SOUTH SIDE OF MAIN STREET, 100 FEET WEST OF MERCEDES The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Lindemans, Parks, Birdsall NOES: 2 COUNCILMEMBERS: Moore, Mu~oz ABSENT: 0 COUNCILMEMBERS: None City Manager Dixon stated he wanted to make it clear that paving is the only condition of approval that the applicant is relieved from. CITY MANAG!=R RIFPORTS City Manager Dixon reported on the status of the State of California possible budget cuts that will have an effect on cities in California. He explained the if the State Legislature withdraws motor vehicle in lieu tax revenues from the cities, Temecula will lose over a million dollars. The State Legislature may also attach the property tax bail out revenues, which fortunately does not affect Temecula. He stated that he feels it Minutes\O6\23\92 -11- 11/07/96 City Council Minutes June 23. 1992 is wrong for the State to transfer the responsibility of balancing the State budget to local government. He stated in the future it is imperative that the City clearly identify the cost of projects and know the impacts. He stated he feels Temecula has lived within its means and done a excellent job at staying within its revenues. CITY ATTORN!=Y RFPORTS None given. CITY COUNCIL R!=PORTS Councilmember Moore asked that old campaign signs be removed from the City. City Manager Dixon stated he would look into the matter. ADJOURNMENT It was moved by Mayor Pro Tern Lindemans, seconded by Councilmember Moore to adjourn at 11:01 PM. The motion was unanimously carried. Patricia H. Birdsall, Mayor ATTEST: Ju , City Cle [SEAL] Minute=\06\23\92 -12- 11/07/90