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HomeMy WebLinkAbout022790 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECUL~ CITY COUNCIL HELD FEBRUARY 27, 1990 A regular meeting of the Temecula City Council was called to order at 7:07 PM in the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Parks presiding. PRESENT 4 COUNCILMEMBERS: Lindemans, Moore Mufioz, Parks ABSENT: 1 COUNCILMEMBERS: Birdsall Also present were City Manager Frank Aleshire, City Attorney Scott F. Field, and Acting Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Blake Withere, Las Brisas Bible Fellowship. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Boy Scout Troop 624. ANNOUNCEMENTS PUBLIC COI~V~ENTS Greg Heer, 17015 St. Andrews Drive, Poway, California, the owner of the Yellow Brick Road in Temecula, spoke concerning the problem he is experiencing with teen age residents who just "hang around" at his place of business, creating noise, confusion and blocking the entrance to his establishment. He requested that the City Council consider adopting a no- loitering ordinance. Ronnie Crossland 30632 Hollyberry Lane, Temecula spoke regarding the development of apartment projects in the area of Rancho California Road between Moraga and Margarita Roads. She requested that the City Council hold hearings on the development of the Rancho Valencia Apartments. Bill Harker, 31130 S. General Kearny Road, addressed the City Council and introduced the members of Boy Scout Troop 624. He announced that these Scouts had performed a number of voluntary services, such as planting flowers and painting, at the Temecula Community Center to prepare for the inaugural City Council meeting on December 1, 1989. He also introduced M i nutes\2/27/90 - 1 - 03/15/90 City Council Minutes February 27, 1990 David Armstrong, who as a part of his Eagle program, organized this project and directed the work. Councilmember Muhoz asked staff if the City has an anti- loitering ordinance. City Attorney Scott Field replied that the County Ordinance calls for a 10:00 PM curfew. Councilmember Muhoz also questioned the status of the Rancho Valencia Apartment project. City Manager Aleshire stated that he was not aware of this project's status but he would check into the matter. Mayor Parks requested staff check into preparing an anti- loitering ordinance which would address the concerns expressed by Mr. Heer during the Public Comments section of the meeting. City Attorney Scott Field advised that he would present an ordinance for the Council's consideration within the next 30 days. CONSENT CALENDAR Councilmember Lindemans requested the removal of items one and two from the Consent Calendar. It was moved by Councilmember Moore, seconded by Councilmember Mu~oz to approve items three and four of the Consent Calendar as follows: 3. Resolution Approving Payment of Demands RESOLUTION NO. 90-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. Resolution Denying Plot Plan No. 1170 RESOLUTION NO. 90-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING PLOT PLAN NO. 1170 TO PERMIT CONSTRUCTION OF ANOUTDOORADVERTISING DISPLAY NEAR RANCHO CALIFORNIA ROAD AND FRONT STREET M i nutes\2/27/90 - 2- 03/15/90 City Council Minutes February 27, 1990 The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 1 Lindemans, Moore Muhoz, Parks None Birdsall &pproval of Parcel Map 23426 Councilmember Lindemans questioned staff as to the timetable for adoption of the Southwest Area Community Plan (SWAP). He asked if the City is currently operating under the provisions of the SWAP. City Attorney Scott Field responded that the item before the Council is a final map and the provisions of the SWAP have no impact on this matter. He further explained that at this time the City has, by law, 30 months from the date of incorporation to adopt a general plan. The City does have the option to adopt SWAP as its general plan, but they have not taken that action at this time. Nick Tavaglione, the developer of this project responded to a question from Councilmember Lindemans that 12 and one-half acres fronting Ynez Road will be developed for commercial uses and that the 10 acre portion fronting on Margarita will be developed for condominiums with a density of less than 13 dwelling units per acre. Councilmember Muhoz questioned why grading of the property is taking place when the Parcel Map is being considered for final approval tonight. Mr. Tavaglione answered that grading permits can be issued prior to the final map approval. He also advised that all fees in the conditions of approval have been paid or will be prior to recordation. City Attorney Field stated that an ordinance is being prepared which allows projects being considered for tentative approvals to be conditioned for payment of certain traffic mitigation fees. He advised however that some projects coming before the City Council are too far along in the approval process to be included in the new mitigation fee program. Councilmember Muhoz stated that this is another high-density project within an already impacted area. He also objected to the lack of support material provided by the County on items one and two. Mi nutes\2/27/90 - 3- 03/15/90 City Council Minutes February 27. 1990 Mayor Parks questioned if the City Council has any discretion to deny this project. City Attorney Field advised that the only discretion allowed is to determine if the conditions have been met. The County Surveyor has advised the Council that they have been. Jim Allmon, 43954 Gatewood Way, stated that the City Council has the ability to approve projects; considering roads, parks and school impacts. He requested that the Council exercise their authority to take all these areas into consideration. Armando Malanga, 40216 Calle Medusa, spoke regarding future development to occur within the City. He suggested that the City Council should get the various commissions in place prior to accepting any new development projects. He requested a temporary moratorium be placed on all future development until the Planning Commission is appointed and is functioning in their advisory capacity. It was moved by Councilmember Lindemans, seconded by Councilmember Muhoz to continue this matter in order to secure the full details of the project. city Manager Aleshire responded to a question from Councilmember Moore stating that there would be a staff report from the County Surveyor if this matter is placed on a future agenda. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Lindemans, Muhoz NOES: 2 COUNCILMEMBERS: Moore, Parks ABSENT: 1 COUNCILMEMBERS: Birdsall Mayor Parks questioned if this matter could be brought back in one week. Councilmember Muhoz stated that he has concerns that the developers have not given consideration to the City Council and their expressed desires for the community. Nick Tavaglione responded that it is his desire to work with the City Council but he does not understand what delaying the approval will accomplish at this stage of the project. He stated that his firm would be happy to make any presentations requested by the Council to show them all of the features of the planned development. H i nut es \2/2Z/90 '/*- 0~/15/90 City Council Minutes February 27, 1990 Councilmember Moore suggested that the Council expedite this matter, since it is a Consent Calendar item and over one hour has already been spent in discussion. Councilmember Moore moved for approval of Parcel Map 23426 and Tract Map 23160. The motion died for lack of a second. Councilmember Lindemans again moved to continue approval of Parcel Map 23426 and Tract Map 23160 for a period of two weeks. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Lindemans, Muhoz, Parks NOES: 1 COUNCILMEMBERS: Moore ABSENT: 1 COUNCILMEMBERS: Birdsall RECESS Mayor Parks declared a recess at 8:05 PM. The meeting was reconvened at 8:19 PM and adjourned to a meeting of the CSD. PUBLIC HEARINGS 5. ADDeal of Planninq Department Denial of Plot Plan 1168 John Ristow, Riverside Planning Department, presented a staff report detailing the location of the proposed billboard and the reasons for the staff recommendation for denial of the appeal. He stated the project is 1) inconsistent with the Southwest Area Plan (SWAP); 2) incompatible with the Scenic Corridor designation of Highway 15 and; 3) an aesthetic detriment to the Temecula Historic District which adjoins the area. John Gunderson, 26525 Jefferson, with Outdoor Media Group, stated that the sign meets all the permit requirements and requested that the City council give it favorable consideration based on the merits of the sign. William Harker, 31130 S. General Kearny Road, acting as spokesman for the Temecula Town Association, addressed the Council regarding the importance of keeping the Old Town character intact. He stated that the Town Association supports denial of this application. nut es\2/27/90 - 5- 03/15/90 City Council Minutes February 27. 1990 Mayor Parks declared the hearing closed at 8:37 PM Councilmember Lindemans questioned the City Attorney if there are any legal reasons which would prevent the Council denying this application. City Attorney Scott Field advised the City Council that they can accept the recommendations of the staff that there are sufficient grounds for denial. He also responded that in this case there are no constitutional provisions which would support the appeal. It was moved by Councilmember Lindemans, seconded by Councilmember Moore, to deny the appeal for Plot Plan 1168 for an Outdoor Advertising display. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore Muhoz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Birdsall 6. Ordinance Adopting Portions of Riverside County Ordinances Mayor Parks declared the public hearing open at 8:40 PM. City Manager Frank Aleshire gave a staff report recommending that the Council adopt the non-codified provisions of the County of Riverside Ordinances. He explained that the list attached to the staff report showed red lined Ordinances which do not apply to the City of Temecula and would not be included in this adoption. There being no members of the public wishing to be heard, the Mayor declared the public hearing closed at 8:43 PM. Mayor Ron Parks questioned if the City Council could amend any of these ordinances within the next 30 days. City Attorney Field advised that should the City Council make any amendments within the next 30 days, adoption of that section of the ordinances would be delayed for an additional 30 days. M i nu~es\2/27/90 - 6- 03/15/90 City Council Minutes February 27. 1990 It was moved by Councilmember Moore, seconded by Councilmember Muhoz to read by title only, waive further reading and adopt an ordinance entitled: ORDINANCE NO. 90-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, ADOPTING BY REFERENCE PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCES The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: COUNCILMEMBERS- COUNCILMEMBERS: Lindemans, Moore Muhoz, Parks None Birdsall COUNCIL BUSINESS 6.b Appointment of Ad Hoc Committee to Negotiate Sheriff,s Contract City Manager Aleshire gave a staff report recommending that the Council add consideration of the appointment of an Ad Hoc Committee to Negotiate the Contract for law enforcement with the Riverside Sheriff's Department to the agenda. It was moved by Councilmember Moore, seconded by Councilmember Lindemans to add consideration of a resolution setting up a committee to negotiate a law enforcement contract with the Riverside County Sheriff's Department to the agenda. The motion was unanimously carried with Councilmember Birdsall absent. Councilmember Lindemans questioned if the committee would be given instructions from the staff as to their specific duties. City Manager Aleshire responded that Section 3 of the resolution outlines the duties of the committee and that he has also prepared a memo to be sent to the committee members upon their appointment, with a copy to be provided to the Council. I~inutes\2/27/90 -7- 0:S/15/90 City Council Minutes February 27. 1990 The Councilmembers were polled for their choice of appointees as follows: Councilmember Muhoz Councilmember Birdsall Mayor Parks Councilmember Lindemans - Appointed Howard Chesher Councilmember Moore - Appointed Hank Rupp and Ted Goudy - Appointed Linda Cloughen and Frank Klein - Appointed John Sterling - Appointed Ralph Limons It was moved by Councilmember Moore, seconded by Councilmember Muhoz to adopt a resolution entitled: RESOLUTION 90-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPOINTING A CITIZENS COMMITTEE ON THE LAW ENFORCEMENT CONTRACT. The motion was unanimously carried with Councilmember Birdsall absent. Councilmember Lindemans stressed that the committee does work under the provisions of the Brown Act. Mello Roos Ad Hoc Negotiating Committee Report Mayor Parks reported that he and Councilmember Moore had met with the property owners involved in the Mello Roos District and that there have been substantial changes made to the original proposal. The items now included are the Apricot Street overcrossing, the right of way acquisition for both sides of the overcrossing and improvements from Winchester to Rancho California along Ynez Road. Also included are the loop ramps and acquisition of right of way for these at Rancho California and Winchester Roads at the 1-15. He advised that this represents the initial proposal to the developers and that the Ad Hoc Committee had also requested the addition of $2 million for park land acquisition. The Mayor recommended that a hearing be scheduled which would allow time for a written report to be prepared and presented. He said he would also like to give Councilmember Lindemans an opportunity to make his presentation on the final proposal. Councilmember Lindemans stated that he has questions with regard to the development time-table of this project and he Hi nutes\2/27/90 -8- 03/15/90 City Council Minutes February 27, 1990 also set forth an alternate financing method for funding the road improvements. He recommended that the City Council select a Debt Advisory Counsel to assist in this decision. Councilmember Muhoz stated that he would like to have Consultant Douglas Ford at the proposed workshop and also requested that the public be invited to address this matter. Jim Allmon, 43954 Gatewood Way, stated that he wondered why the City would agree to be taxed for 30 years if the results can be predicted for only five to seven years. He stated that the results need to be "fixed forever", to be sensible. C. M. "Max" Gillis, former Assistant Road Commissioner with the County of Riverside, addressed that City Council and volunteered to be a resource person and to give the benefit of his experience to the Council. He advised he would be available to attend a Saturday workshop. Councilmember Lindemans questioned if CalTrans would consider any collateral the City might have a sufficient for getting started on an overcrossing. Mr. Gillis advised that there are several options available to the Council for starting projects of this sort in a more expeditious manner. Keith Andrews, Vice President of Toyota of Temecula, advised the City Council that his development is required to provide one-half mile of roadway and as spelled out presently in the conditions of his approval he will be expected to spend $10 million on roadway improvements. He questioned if the Mello Roos District does not go through how small businessmen will possibly be able to complete these projects. It was moved by Councilmember Moore, seconded by Councilmember Muhoz to continue this matter to a workshop to be held on Saturday, March 3, 1990 at a location to be secured by staff. City Manager Aleshire announced that the traffic consultant, Kunzman and Associates could not be available for a Saturday meeting. Councilmember Muhoz stated he would like to have a list of the 17 property owners included in the Mello Roos district. He also would like to make it apparent that no decisions will be made at this Saturday meeting. nutes\Z/g7/90 -9- 05/15/90 The City Manager, F. D. Aleshire reported to the Council that the County of Riverside must hold the election of March 21, 1990 or be compelled to begin the process over again. He has advised the County to schedule the election and that it is possible the City's decisions might not be available at that time. The motion to continue this to a meeting on Saturday, March 3, 1990 was unanimously carried with Councilmember Birdsall absent. CITY MANAGER REPORTS CITY ATTORNEY REPORTS CITY COUNCIl, REPORTS Councilmember Lindemans questioned when a report on the Business License Tax would be forthcoming from the Temecula Valley Chamber of Commerce. City Manager Aleshire stated that if the Chamber's report was ready it could be placed on the next Council agenda. Councilmember Moore congratulated City Attorney Scott Field on his recent promotion to partner with the firm of Burke, Williams and Sorensen. Councilmember Mufioz asked about the status of securing a code enforcement officer and if the sign ordinance is being enforced. City Manager Aleshire advised that hiring an enforcement officer was still being pursued and that individual would be worldng on enforcement of the sign ordinance. AD.IOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemans to adjourn at 9:37 PM to a special meeting to be held on March 3, 1990 at 9:00 AM at a location to be announced and published. The next scheduled meeting will be at 7:00 PM on March 6, 1990 to be held at the Rancho California Water District Community Room, 28061 Diaz Road. ATI~.ST: F. D. Aleshire, City Clerk Ronald J. Parks, Mayor Minutes 2/27/90 -11-