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HomeMy WebLinkAbout082890 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 28, 1990 A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Temecula Community Center, 28816 Pujol, Temecula, California. Mayor Ron Parks presiding. PRESENT 5 C OUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Betsy Hanna, and Deputy City Clerk June S. Greek. INVOCATION The invocation was given by Pastor Tim Riter, Rancho Christian Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PUBLIC COMMENTS John Dedovesh, 39450 Long Ridge Drive, recommended the City adopt the C.A.T. (Combat Auto Theft) program for the City of Temecula. Dean Hill, 27622 Jefferson, spoke in opposition to the proposed Apricot Overpass. He stated this project would take a portion of his property and would adversely affect his business. Bob Fitkin, 30660 Milkyway, suggested having a dinner/fundraiser to honor the committee responsible for the traffic control program, and the traffic controllers themselves. For entertainment at the meeting, he proposed the traffic directors tell of the experiences they have had directing traffic. Minutes 8/28/90 1 Armando Malanga, 40216 Calle Medusa, directed his comments to Mayor Parks. He asked several questions regarding the project the Mayor's company is involved in at Crystal Ridge Business Park. He asked if any preferential treatment had been requested or received. He also asked Mr. Dixon about promises made to residents living on Calle Medusa Road. He stated his daughter wrote a letter to City Manager Dixon three weeks ago and has not received a response. He stated this letter was also copied to the Councilmembers and they have not responded. City Manager Dixon replied that a letter has been dictated and will be going out shortly. Nancy Barber, 29838 Corte Castille, asked if the Mayor directed the Planning Department to speed up the planning process. She asked where his loyalties really stand and asked the Council if a "Code of Ethics" has been established to govern the actions of Councilmembers. CONSENT CALENDAR Mayor Parks requested the removal of Item No. 11 and Item No. 17. Councilmember Lindemans requested the removal of Items 7, 8, 10, 19 and stated he would vote no on Item No. 14. Councilmember Moore stated she would be abstaining from Item No. 16 to avoid the appearance of a conflict of interest. Councilmember Mufioz requested the removal of Items 4, 15, 16 and 18. He stated he would abstain from Item No. 11 due to a conflict of interest. Councilmember Birdsall stated she would abstain from Item No. 11 due to a conflict of interest. Mayor Parks said he would abstain from Item No. 11 due to a conflict of interest. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to approve Items 1, 2, 3, 5, 6, 9, 12, 13 and 14 of the Consent Calendar as follows: 1. Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of August 7, 1990 as mailed. 2.2 Approve the minutes of August 9, 1990 as mailed. Cancellation of the Regular City Council Meeting of September 11, 1990 3.1 Approve the cancellation of the City Council meeting scheduled for September 11, 1990. Health Benefits Plan 5.1 Adopt a resolution entitled: RESOLUTION NO. 90-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ELECTING TO BE SUBJECT TO THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT. Resolution Approving Payment of Demands 6.1 Adopt a resolution entitled: RESOLUTION NO. 90-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A o Copier Purchase 9.1 Authorize the City Manager to enter into an agreement with Xerox for the lease for 60 months of a Xerox 1090 copier. Minutes 8/28/90 3 12. Resolution Designatinl; the Riverside County Tran~ortation Commi.~sion to Prepare the County Congestion Management Pro_~ram 12.1 Direct staff to prepare a formal request for representation by the City of Temecula on the Riverside County Transportation Commission. 12.2 Adopt a resolution entitled: RESOLUTION NO. 90-93 A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF TEMECULA DESIGNATING THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION TO PREPARE THE COUNTY CONGESTION MANAGEMENT PROGRAM 13. Cal-Id Contract 13.1 Approve contract for Cal-Id services and authorize the City Manager to execute the agreement. 14. Second Reading of Ordinance Approving Zone Change No. 5446 14.1 Read by title only and approve an ordinance entitled: ORDINANCE NO. 90-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF SAID CITY CONTAINED IN CHANGE OF ZONE APPLICATION NO. 5446, CHANGING THE ZONE FROM I-P (INDUSTRIAL PARK) TO CPS (SCENIC HIGHWAY COMMERCIAL) ON PROPERTY LOCATED ON 6.51 ACRES AT THE WEST SIDE OF YNEZ ROAD, NORTH OF WINCHESTER ROAD The motion was carded on Consent Calendar Item No. 14 by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None Minutes 8/28/90 4 The motion to approve consent calendar was carded by the following vote: o AYES: 5 NOES: 0 ABSENT: 0 C OUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Statement of Revenues and Expenditures for the Month Ending June 30, 1990 Councilmember Mufioz asked if the $219,073 Gas Tax revenues have been received by the City. Mary Jane Henry, Manager of Finance stated this money has been received. She explained the purpose of this item is to clean-up the entry for the year end. Councilmember Birdsall moved, Councilmember Lindemans seconded a motion to approve staff recommendation as follows: 1. Receive and file the Statement of Revenues and Expenditures - Budget and Actual for the Seven Months Ending June 30, 1990. 2. Amend the Fiscal Year 1989-90 budget for the City Attorney by $40,000. 3. Amend the Fiscal Year 1989-90 budget for Public Safety by $30,000. 4. Amend the Fiscal Year 1989-90 estimated revenues for Contributions for Public Safety by $41,585. 5. Amend the 1990 budget for Community Services by $20,500. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Minutes 8/28/90 5 - 7. Selection of Auditors Councilmember Lindemans suggested selecting an auditor that had not been previously used by the City to avoid a possible conflict of interest. City Manager Dixon recommended selecting Peat Marwick Company to serve as auditor. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to approve the selection Peat Marwick Company to perform the audit of the City's financial statements. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Cable Television Franchises Councilmember Lindemans questioned whether the applicant, Jones Intercable is financially sound and asked whether this application should be accepted. Councilmember Moore asked City Attorney Hanna if the City is compelled to accept this application. City Attorney Hanna replied that the City is compelled to accept the application but may request a financial statement. Councilmember Mufioz asked why Inland Valley Cablevision declined to renegotiate a contract with the City. Joe Hreha, Manager of Information Systems responded that Inland Valley Cablevision wished to see what the City's action with Jones Intercable would be before making any changes in their present contract. Councilmember Moore moved, Councilmember Birdsall seconded a motion to: Receive and file Telecommunications Management Corporation's evaluation and recommendations concerning Jones Intercable's application for a City of Temecula Cable Television franchise o Authorize the City Manager to sign the attached letter to Jones Intercable accepting their application, outlining the franchise process, inviting them to begin franchise negotiations, and requesting the non-refundable fee to negotiate a franchise agreement. Minutes 8/28/90 6 10. 11. o Authorize the City Manager to hire Telecommunications Management Corporation to negotiate and develop the franchise agreement with Jones Intercable. The motion was carded by the following vote: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: 4 NOES: 1 ABSENT: 0 Birdsall, Moore, Mufioz, Parks Lindemans None Travel Policy Councilmember Lindemans said he felt the per diem amount of $50.00 per day for travel expenses, and $100.00 per day in certain specified cities is too high and suggested receipts be required for actual amounts spent. City Manager Dixon suggested leaving the dollar amounts, but changing it to a maximum amount with receipts required. Councilmember Lindemans requested substituting the words "maximum reimbursable limit" for per diem. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to approve the travel policy with a change in per diem section to require receipts up to a maximum reimbursable limit of $50 per day and $100 per day in specified cities. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Banking Selection for the Year Ending June 30, 1990 City Attorney Hanna stated since three councilmembers have declared a conflict of interest concerning this item, the "Rule of Necessity" would be in effect. She explained one of the members abstaining because of a conflict would vote. This councilmember will be determined by drawing straws. Minutes 8/28/90 7 Mayor Parks requested postponing this item until the end of the consent calendar. Having no objections, Item No. 15 was considered next. 15. Plot Plan No. 69 - Relocation of the KRTM-FM Radio Tower Councilmember Mufioz expressed his disappointment with how long it has taken to get this problem resolved. He asked what "move and reduce" meant in the recommend action. Gary Thornhill, Chief Planner, stated the plan is to remove the existing tower and use the top half at the new site, reducing the height to 120 feet. Councilmember Mufioz asked what will be done about the adjacent property owner's refusal to give an easement to construct the new tower. Elliott Yurick, representing the applicant, stated the tower will be air lifted in. Mr. Yurick stated the applicant would be happy to move the tower within 60-90 days from date of obtaining a building permit. Rich Shields, Acting Building Director stated as soon as staff receives plans, review can be completed within one week. Councilmember Mufioz suggested adding the condition that the tower would be moved within 75 days of this date, August 28, 1990. Mayor Parks called a one minute break to change the tape at 8:00 PM. Mr. Ladd Penfold, stated he is working with four different agencies and he would be happy to add a condition that the tower would be moved within 75 to 90 days from the date that building permits are obtained from the City of Temecula. Mayor Parks asked how long it will take to complete construction needed to move the tower after the permits are obtained. Mr. Penfold replied 75 days. He stated his plan is to move the tower November 1, 1990. Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to receive and file Planning Commission's approval of Plot Plan 69 with the added condition that the tower must be relocated within 75 days from the date the applicant is issued the Building Permit. The motion was carried by the following vote: Minutes 8/28/90 8 AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks called a recess at 8:10 PM. The meeting was reconvened following the CSD meeting at 8:35 PM. 16. Vesting Final Tract Map No. 23371-5 Councilmember Mufioz asked if the practice of deferring payment of fees until the Building Permit is issued is common practice. Doug Stewart, Deputy City Engineer stated that this is what generally occurs. It was moved by Councilmember Mufioz, seconded by Councilmember Lindemans to approve Vesting Final Tract Map No. 23371-5, subject to the conditions of approval. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Moore 17. Annual Soils and Material Testing Contract for Fiscal Year 1990-91 Councilmember Mufioz asked what has changed since the City requested proposals? Doug Stewart, answered that after doing research on the methods used by other cities, certain advantages were found to exist in allowing the developer to select the soils testing firm. Minutes 8/28~90 9 He said it is staff's recommendation to reject the RFP's and to adopt the criteria to establish minimum standards listed in the staff report. Mayor Parks asked where the figures listed under traffic indices and pavement depth were from. Mr. Stewart answered from other cities and the County of Riverside. Mayor Parks said this report suggests requiring a greater thickness than the Green Book, and suggested continuing this item for further review. Doug Stewart stated this can be brought back for review, but the Council should reject the RFP's tonight. Councilmember Mufioz suggested keeping the higher standards for road thickness, stating this would prevent added maintenance costs in the future. Councilmember Lindemans said he would like to approve staff recommendation as presented. Councilmember Mufioz suggested approving staff recommendation as it stands, and directing staff to study this issue. Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to accept staff recommendation with the amendment that the matter of pavement depths will be presented to Council in 30 days for additional consideration. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 18. Plot Plan 11621 - Koll Business Center Councilmember Mufioz asked if a three year approval time is standard. Gary Thomhill, Chief Planner answered that this is standard. It was moved by Councilmember Mufioz, seconded by Councilmember Birdsall to approve Plot Plan No. 11621. Minutes 8/28/90 10 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None 19. Design Services for CFD 88-12 Councilmember Lindemans stated Mr. Mc Laughlin showed him a County provision stating Margarita Villages would be responsible for one-third of the cost of widening the Rancho California Road bridge. City Manager Dixon replied that Council approved an agreement with Lightfoot Planning. They are currently going through all the projects that have received approval, and are doing a brief on all conditions. If there is a requirement on Margarita Villages, in terms of the bridge, it will be noted. Councilmember Lindemans asked what the timing on this District will be and if there is any way to speed this process up? City Manager Dixon answered when the program for the corridor is reviewed, it will be in two phases - the freeway improvements and the Apricot Overcrossing are planned for phase two. He stated because of the process with CalTrans, these improvements must be in phase two, however if the City can speed up the time, it will. Mayor Parks said his understanding is that "Exhibit A" is a scope of services as outlined by J. F. Davidson and Associates, and asked if this is correct. Doug Stewart, Deputy City Engineer, said this is correct and by approving this item, Council is authorizing the City Manager or his designee to further refine the numbers which are not final. This action is only to approve the consultant. Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to award a contract for professional design services to J. F. Davidson and Associates for the Ynez Corridor Mello-Roos District - CFD-88-12. 11. Banking Selection for the Year Ending June 30, 1990 At this time using the "Rule of Necessity", lots were cast to determine which of the abstaining members of Council would vote. Mayor Parks was the recipient of the X, Minutes 8/28/90 11 making it necessary for him to cast a vote but not participate in the discussion. He then relinquished the chair to Mayor Pro Tern Lindemarts. Mary Jane Henry, Finance Officer, reported that RFP's were sent out for banking services. The proposals of the banks were analyzed and ranked according to the criteria outlined in the staff report. Councilmember Lindemans asked how the points on account structure and the ability to obtain requested information were derived in the case of Overland Bank. Ms. Henry answered that she reviewed the proposal with Kevin Jewelson, Senior Vice President and Chief Financial Officer at Overland Bank. She requested a zero balance arrangement, instead of the manual transfer method. Councilmember Moore stated she felt staff did a thorough job of investigating all possibilities. Allan McDonald, 43466 Manzano Drive, President and Chief Executive Officer of Overland Bank, stated that the analysis performed by the Finance Director was exemplary. He said that last year when the City was formed, it sought proposals to provide banking services. He said Overland provided a package for the City to assist in the start-up. He said the original proposal included loan services as well as deposit services, and Overland structured their bid accordingly. The Interim City Manager only chose the deposit services, which removed all the profit from the relationship. He estimated the cost to serve the City was $5,000. He stated that Overland has gone out of its way to provide the services as requested, and thanked the City for its business over the past year. Councilmember Moore asked if this process is done annually. Ms. Henry answered that it can be done annually if the Council wishes. It was moved by Councilmember Moore, seconded by Mayor Parks to appoint Security Pacific Bank as the City's bank for the year ending June 30, 1991. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Moore, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Birdsall, Mufioz Councilmember Lindemans explained his "no" vote by stating that he feels loyalty is more important than convenience. Minutes 8/28/90 12 City Manager Dixon stated he understands Councilmember Lindemans' concerns, but the City needs to go forward with the business at hand. He stated staff has done an excellent job and it is not their intent to pit local business against non-local business, but to provide the best service for this City. He asked the Council to consider an action tonight, so that business may be conducted. Alan McDonald, Overland Bank, stated that in respect for the management of the City, Overland Bank will withdraw its bid. Councilmember Moore moved, Mayor Parks seconded a motion to appoint Security Pacific Bank as the City's bank for the year ending June 30, 1991. The motion was carded by the following vote: AYES: 3 COUNCILMEMBERS: Lindemans, Moore, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Birdsall, Mufioz City Manager Dixon thanked Mr. McDonald for his support. COUNCIL BUSINESS 20. Tentative Tract 23209, Amendment No. 4 Gary Thornhill, Chief Planner, reported the applicant has requested a continuance off- calendar of this item in order to redesign it. Mayor Parks asked if public comment needs to be taken if this item is continued off calendar. City Attorney Hanna answered that this is not a public heating and it may be continued off-calendar without comment. Comments may be taken if so desired. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to continue this item off-calendar. Councilmember Mufioz stated he felt the public should be heard regarding this item. Mayor Parks asked if this is referred to staff whether additional fees will be collected. Mr. Thornhill stated there is something that can be worked out to deal with the fees, but Minutes 8/28/90 13 technically no. Mayor Parks stated he would vote against the motion in order to hear public comment on this issue. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Birdsall, Moore NOES: 3 COUNCILMEMBERS: Lindemans, Mufioz, Parks ABSENT: 0 COUNCILMEMBERS: None Gary Thomhill stated this is a request of Alba Engineering to subdivide an 80 acre parcel into 257 lots with minimum lot size of 8,000 square feet. The site is located west of Butterfield Stage Road and east of Walcott Lane. He said this item was discussed at length by the Planning Commission on August 6, 1990 and the central issues included the buffering of the site from the Vineyards located at the east of the site. Other issues included the lot size and the amount of grading proposed for this site. Density of the site and lack of a traffic study were also issues of concern. Based on these concerns, the Planning Commission recommended denial of the project. Mayor Parks called a break at 9:20 PM to change the tape. Larry Markham, representing the applicant, stated the applicant recognizes the problems and concerns of the citizens and would like the opportunity to redesign the project. He stated he would be happy to meet with the people who have concerns. Michael Lundin, 43875 Buttemut Drive, the applicant, said he thought he was doing what was necessary in regards to this project. He stated that after hearing all the concerns he would like the opportunity to work with the property owners and requested the opportunity to redesign this project. Tom Hornbeak, 31749 Poole Court, stated at the Planning Commission meeting of August 6, 1990, 72 signatures were submitted supporting the recommendation of denial for this project. He also presented the City Clerk another 10 signatures in support of denial. He stated this project needs to be redesigned and he supports the applicants indication tonight that this should be done. He suggested this be a minimum of 1/2 acre zoning. He also stated staff should address the potential of increased traffic on Calle Medusa Road. John Moramarcho, 32720 Rancho California Road, representing Callaway Vineyard and Winery, expressed the need for a 100 foot buffer zone for noise mitigation. He also discussed planting rose bushes in low lying areas so air movement would not be stopped and interfere with the cold air circulation during the Spring of the year. He stated he spoke with the developer and as long as he agreed to the same terms as Marlborough Development, they would not have a problem. He said they have not kept the one acre Minutes 8/28/90 14 lots that are needed. He further stated that the topography of Temecula has been changed and this will affect climatic conditions and air movement. He asked that the Council consider these problems. Audrey Cilierzo, 410220 Calle Contento, stated she is concerned about the density of this subdivision. She stated the Vineyards and Winery and trying to preserve their rural lifestyle, while the Council is directing a growing city. She urged mutual cooperation on both sides. Ron Henderson, 31832 Poole Court, stated that Agency 149 has asked for denial of this project. He said that the applicant has refused to redesign this project at the County's request, the request of a group of homeowners and the City Planning Department's request. Mr. Henderson requested that the Council deny this project. David LaPointe, 31769 Poole Court, stated he is in support of the Planning Commission's recommendation of denial for this project. He said three different factions are requesting denial - Calloway Winery, Homeowners Association and residents in the area. Steve Griley, 31812 Poole Court, asked that this be denied due to the high density of the project. Murray McClelland, 31822 Poole Court, asked that this project be denied. Kenton Crowley, 40970 Alton Court, stated he is in support of the Planning Commission's recommendation to deny this tract. He said he moved out of Orange County to get away from high density housing and asked this be denied. Councilmember Lindemarts requested the opportunity to ask John Moramarcho a few more questions concerning the need of the 100 foot buffer zone for the vineyards. Mayor Parks asked that this be discussed by staff with Mr. Moramarcho at a later time. Mr. Moramarcho said he would be willing to meet with staff and the Council at the vineyard to show what the problems are. Mr. Moramarcho stated he would be willing to meet with the developer and discuss his concerns. Mayor Parks asked John Moramarcho if he in agreement with continuing this off calendar for redesign of the project. He stated he did not have a problem with this. Councilmember Mufioz stated he felt that the developer had the opportunity to redesign this project at an earlier point but choose not to. He recommended denial of the project. Larry Markham said the two choices tonight are to continue this off calendar and redesign the project, or resubmit the map under a different number. He said both options will have Minutes 8/28/90 15 the same effect. The developer has acknowledged the problems that exist and is asking to work with the adjacent owners and the vineyards to come up with a design that staff, the Commission and the Council can support. Mayor Parks asked if the applicant was asked to do this at an earlier point at a Planning Commission level and a staff level. Gary Thomhill stated that it was suggested to the applicant to redesign the project earlier. Ron Henderson, 31832 Poole Court, stated that he met with Mike Lundine prior to the Planning Commission meeting and did not receive any cooperation. Mr. Lundine responded that he did not feel he was uncooperative toward the homeowners. Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to approve recommendation of Staff and Planning Commission to deny Tentative Tract 23209, Amendment No. 4. Councilmember Lindemans said we are building a City, not looking at an individual piece of land. He emphasized the need to protect the wineries. Councilmember Moore said the applicant is willing to work with all parties involved and did not feel it is right to deny him this opportunity. Mayor Parks stated that he agreed with Councilmember Mufioz in some respect that it does not appear the applicant has been cooperative with the parties involved, however this project has been through four amendments and a great deal of time. He said if the applicant is willing to work with all parties involved and pay the necessary fees, he is willing to continue this off calendar. Mayor Parks asked the applicant if he would be willing to pay additional fees to cover staff's time on this project. Larry Markham stated the applicant will be willing to pay necessary fees. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Lindemans, Mufioz, NOES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Moore, seconded by Councilmember Birdsall to continue this off calendar to allow the applicant time to redesign the project and have the fees adjusted to cover expenses. Minutes 8/28/90 16 The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS: None Councilmember Birdsall moved, Councilmember Moore seconded a motion to continue the meeting until 11:00 PM. The motion was unanimously carried. RECESS Mayor Parks called a recess at 10:00 PM. The meeting was reconvened at 10:15 PM. 21. Road Improvements - 1-15 Off-ramps and Rancho California Road; Ynez Road to Front Street Doug Stewart, Deputy City Engineer, reported on May 15, 1990, the Council directed the developer to re-study the issue with the main concern being the removal of the medians and trees. He said staff's recommendation is for the City Council to consider the redesign of street improvements for 1-15 Off-ramps and Rancho California Road from Ynez to Front Street and to direct Margarita Village Development Group to proceed to construction. Jim Resney, representing the Margarita Development Group, explained this new design proposes elimination of a small portion of the median to allow left turn pockets on to the freeway off-ramps, and increased stacking for left turn lanes. This plan should meet the requirements of CalTrans and that portion of the specific plan requirement. He said the highlight of this design is the City Monument feature in two locations, creating a gateway into the City. He stated the aesthetics should be improved with this new plan. Councilmember Mufioz asked the following questions: What will happen to the removed lights. Can these be retained for use elsewhere, such as Sam Hicks Parks? 2. When will this project begin and when will it be completed? o Can be have an agreement that during the construction period, mitigation measures will be taken to minimize impact on traffic? Minutes 8/28/90 17 Woody Woodward, Bedford Properties, answered that street lights can be held for City use but suggest storing them as replacements. He said Cal Trans approval should be received by January or February of next year at which time the job will be immediately put out for bids. The project should be completed by July or August of 1991. Regarding traffic mitigation measures during construction, he said funds must be made available to direct traffic and funnel traffic during this time. Councilmember Mufioz expressed his appreciation for a job well done. Councilmember Lindemans asked to hear from staff regarding additional conditions of the Margarita Village Specific Plan regarding the widening of the bridge. Jim Resney said to his knowledge there are no conditions having anything to do with widening the bridge. Mayor Parks stated that if the City finds conditions that require widening the bridge, the developer will have to widen the bridge. He asked staff to research this matter. Councilmember Birdsall stated there is a problem with trucks parking on the bridge and asked that the curbs be painted red. Jim Resney asked Council to appoint a liaison to work with Margarita Village, as the design is worked through. Mayor Parks also expressed his appreciation for an excellent job. Councilmember Birdsall suggested using one or two people from the Parks and Recreation Commission to coordinate with Margarita Development Group for landscaping. Mayor Parks referred this to staff to come back with a recommendation. It was moved by Councilmember Mufioz, seconded by Councilmember Moore to approve the re-design of street improvements for I-15 off-ramps and Rancho California Road from Ynez Road to Front Street and direct Bedford Properties to proceed to construction. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes 8/28/90 18 22. Stephens' Kangaroo Rat Conservation Program City Manager Dixon reported that the staff report speaks for itself. We said Council needs to appoint a representative to work with the Joint Powers Authority. He stated this person should either be one of the Councilmembers or the City Manager. Councilmember Lindemans moved, Councilmember Birdsall seconded a motion to: 22.1 a. b. C. d. e. 22.2 22.3 Approve and authorize the Mayor to sign the following documents: Short-term Habitat Conservation Plan for the Stephens' Kangaroo rat. Implementation Agreement Joint Powers Agreement Agreement regarding Allocation of Take Memorandum of Understanding with the California Department of Fish and Game. Certify that the SKR Program is exempt from CEQA. Appoint Mayor Parks as the representative to sit as a Member of the Board of the Joint Powers Authority, which administers the Habitat Conservation Plan for the SKR. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Mufioz, Parks None None 23. Lease of City Hall Office Space at 43172 Business Park Drive It was moved by Councilmember Moore, seconded by Councilmember Lindemans to continue this item to the meeting of September 18, 1990. The motion was unanimously carded. Mayor Parks called a one minute break at 10:35 PM to change the tape. Minutes 8/28/90 19 24. Amendment to the Joint Funding Agreement for Rancho California Water District CSD 88-3 City Attorney Betsy Hanna explained there are two reasons this is back before the Council. There was an error in the description of the improvements on the First Amendment. The typographical errors have been corrected. A new agreement has been provided to the City Manager today. Councilmember Lindemans stated he originally voted no on this issue and will vote no again. Councilmember Mufioz stated he has a problem with Mello Roos financing of this type and will also vote no. Councilmember Moore moved, Councilmember Birdsall seconded a motion to approve and authorize the Mayor to execute the Amendment to Joint Financing, Construction and Acquisition Agreement for Community Facilities District No. 88-3. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS: None PUBLIC HEARINGS 25. Third Extension of Time - Tentative Tract 21067 Continued from the meetinl~ of August 14, 1990 Mayor Parks stated the public hearing was opened on August 14, 1990 and is still open. Gary Thomhill, Chief Planner, stated this item has been continued to discuss with the applicant the imposition of Quimby Act Fees. The applicant has agreed to pay whatever fees are applicable to this project. Staff recommendation is to approve the third extension of time with the added condition imposing Quimby Fees. Councilmember Mufioz said the City needs land and not fees and asked the Council as a general policy matter to insist on land where it is at all possible. City Manager Dixon stated he did agree that the City needs land. He said, however, there are times when a piece of land may not be of sufficient size and in those cases the City should have the flexibility to accept fees to accumulate funds to buy a larger parcel. Minutes 8/28/90 20 Councilmember Mufioz asked what will be done in this particular project. Gary Thornhill stated that fees would probably be accepted because there is not any land in this project that would benefit the City. Councilmember Mufioz stated that large developments need to have a local park where children can play, even if it means the giving up an acre of land in the middle of the project. He asked what guarantees do the residents have that there will be a park close by. Marilyn Carney, 3838 Camino Del Rio North, San Diego, asked that the decision regarding land or fees not be made tonight. She said the interim Parks and Recreation Plan calls for a minimum of five acres for a park and added the developer is being asked to donate one acre which is not a very usable park. She said this project has already reduced lot size, and asked that Council not require them to redesign the map tonight. She said the developer is trying to work with staff to take care of all the details. Mayor Parks closed the public hearing at 10:50 PM. It was moved by Councilmember Mufioz, seconded by Councilmember Lindemans to approve Tentative Tract 21067 subject to the additional condition that the applicant shall pay all applicable Quimby Act fees prior to the issuance of building permits or provide land in lieu of fees. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 26. Vestinl~ Tentative Tract No. 23211, First Extension Gary Thomhill, Chief Planner, reported this is a request for a first extension of time. He said this request has been reviewed, and although there are some concerns regarding density and grading of the site, staff's recommendation is for approval. He outlined staff' s concerns regarding a density of 17.5 units per acre, which SWAP now limits 8-16 units per acre. He also stated additional conditions of approval from the Engineering Department have be distributed, along with the County conditions. Minutes 8/28/90 21 Mayor Parks asked if the applicant has agreed to these additional conditions. Doug Stewart, Deputy City Engineer said these conditions have been agreed upon by the applicant. Councilmember Lindemans asked about the lower density project proposed for this site, scheduled to be heard before the Planning Commission on September 10, 1990. He asked why the higher density project is being voted upon at this time? Gary Thomhill answered that the applicant has two proposals. One of which is going through the process right now with a reduced density. This is the applicants' preferred project, but he needs assurance that he will have an approved project. Mayor Parks opened the public hearing at 11:00 PM. Gary Martin, 30601 Cabrillo, said the denial of this project will be extremely harmful. He stated this project has been in the process for a long period of time and the financing is dependant upon approval tonight. He stated that the intention of the developer is to built the lower density (105 unit project), not the 128 unit project. He stated he has sought direction to make this project responsive to the needs of this community. In regards to grading, Mr. Martin stated this grading is basically to match the grading of adjacent properties. Doug Stewart, stated in response to Councilmember Lindemans' question that there is a section under the map act that allows as long as the applicant files for an extension of time, he automatically gets a 60 day extension or until the Council takes an action, whichever takes place first. He stated the applicant has 60 days and after that, the project expires. Councilmember Birdsall asked if all that is being requested is an extension of time, what is the concern? Councilmember Mufioz stated his concern is over the density of the 128 unit project. He said that the 105 unit project if much more desirable. He asked if this project will remain as a condominium project, not an apartment project. Mr. Martin answered that this project will remain condominiums. Art Montgomery, 3365 Country Rose, Encinitas, stated he was the former owner of this property and the designer of this project. He said he designed a project that he felt the community would be proud of. He asked for approval of this extension. Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to extend the meeting to 12:00 PM. The motion was unanimously carried. Minutes 8/28/90 22 Walt Dixon, 41785 Enterprise Circle South, said he is the owner of the property to the east, and stated he approves of what is proposed for this property. He said he has reviewed the 105 unit project finds it very acceptable. David Cervantes, 29983 Via Puesta Del Sol, representing Rancho Del Sol residents, expressed his concern regarding high density housing in this area. He said the "Rent for $99.00" signs and clowns along this area are not desirable to the residents living there. He stated that the notice of public hearing was not properly distributed to the concerned property owners. He asked that this project not be approved. William S. Booras, 29977 Via Puesta Del Sol, expressed his concern over the high density of this project. He said the citizens of this community are fighting for more parks and less density. He asked if this project will be occupied by owners, or investors creating an apartment situation. Mr. Booras asked that this project not be extended. Councilmember Lindemans said he met with Mr. Booras this afternoon and asked if the property was properly posted. He stated there is a piece of paper posted, but it is not large enough for people to see. Councilmember Lindemans said Mr. Booras presented him with a petition of 77 people that reads, "We the undersigned are against any further apartment house complexes on Margarita Road between Moraga Road and La Serena. Condo ownership is preferred with very low density. A park would be more beneficial to this area." He presented this petition to the City Clerk. Councilmember Lindemans asked that the next time a public heating is posted, it should be large enough to read. Gary Thomhill stated that this issue is complex in that it is not just a matter of having 60 days extension on the map, the problem is this was a receive and file item. This had an approved time extension by The Riverside County Planning Commission. It has now been forwarded to the City and caught up in the process whereby it has never reached a final decision. Mayor Parks called a one minute break to change the tape at 11:35 PM. City Attorney Hanna stated this is not just a discussion of a vesting map. It is really the City Council using the law to review what the County has done to make sure that the health and safety concerns of the City have been met. This is a considerably stricter limitation on the scope of what can be reviewed. If you wish to "hold" this item on your agenda until the time the other map comes before you, this is possible but it will have no effect on the developer. His map has already been extended by the County. Mayor Parks asked if Council chooses to approve it tonight, additional conditions can be added. City Attorney Hanna stated she believes that is the optimal choice. Mayor Parks asked if we can reduce the density of this map. The applicant agreed to reduce the density to 16 units per acre, which would meet the conditions of SWAP. Minutes 8/28/90 23 Mayor Parks closed the public hearing at 11:45 PM. Councilmember Birdsall moved, Councilmember Moore seconded a motion to approve the first extension of time for Vesting Tentative Tract No. 23211 subject to the Amended Conditions of approval and the added condition that if the applicant develops the property as approved, the density will be reduced to 16 units per acre. Councilmember Mufioz stated he felt even the 105 unit development is too high density for this area and for that reason would vote no. Councilmember Lindemans said he agreed with Councilmember Mufioz and the City needs to stop somewhere with the high density. Mayor Parks said he felt the City has a need for condominiums as well as single-family detached dwellings. The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS: None 27. Plot Plan No. 1 and Change of Zone No. 3 Gary Thornhill, Chief Planner, reported this is a request by Advanced Cardiovascular Systems to construct a four story manufacturing building with office space consisting of 270,780 square feet; construct a tri-level parking structure; construct a 9,000 square foot hi-level structure for service equipment; reconfigure and repave the existing parking and asphalt areas to accommodate required parking and landscaping; and change the maximum height limitation contained in the development standards for the M-M zone on this site from 50 feet to 75 feet. This item was considered by the Planning Commission on August 6, 1990 and was recommended for approval. The recommendation is that the City Council: 1. Adopt a Negative Declaration for Plot Plan No. 1 and Change of Zone No. 3; 2. Approve Change of Zone No. 3; and 3. Approve Plot Plan No. 1; Minutes 8/28/90 24 based on the analysis and findings contained in the staff report and subject to the conditions of approval as amended at the Planning Commission hearing. Mayor Parks opened the public hearing at 11:50 PM. David Olson, 45981 Classic Way, representing Advanced Cardiovascular Systems, offered to answer any questions the Council may have. Councilmember Mufioz asked the applicant to show renderings of what the project will look like. Mr. Olson presented a visual description of the project. He said this project should be ready for occupancy the first quarter of 1992. The site is designed to support a larger number of employees. Larry Markham, representing the applicant, spoke regarding the condition of approval requiring a Kangaroo Rat Mitigation Fee. He said the applicant is opposed because the entire area being developed is currently a parking lot, and therefore would not destroy Kangaroo Rat habitat. Bill Bopf, 28924 Front Street, Suite 106, spoke on behalf of the Temecula Valley Economic Development Corporation, in support of this project. He stated this is the type of business the Economic Development Corporation will try to seek out. He strongly requested support for this project. Mayor Parks closed the public hearing at 12:00 AM. It was moved by Councilmember Birdsall, seconded by Councilmember Mufioz to: 1. Adopt a Negative Declaration for Plot Plan No. 1 and Change of Zone No. 3; 2. Approve Change of Zone No. 3; and 3. Approve Plot Plan No. 1; based on the analysis and findings contained in the Staff Report and subject to the attached Conditions of Approval as amended at the Planning Commission heating. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes 8/28/90 25 Councilmember Birdsall moved, Councilmember Moore seconded a motion to extend the meeting until 12:30 AM. RECESS Mayor Parks called a recess at 12:00 AM. The meeting was reconvened at 12:10 AM. 28. Development Al~reement for Tentative Parcel Map No. 21383 - Rancho Core Associates No. 1 Mayor Parks opened the public heating at 12:10 AM. Gary Thomhill reported this item was before the City Council on July 10, 1990 as a receive and file item. At that time staff recommended additional conditions of approval be added to the project. The determination was made that a development agreement would be the appropriate vehicle for incorporating those conditions of approval. In response to that, a development agreement, and ordinance have been prepared. He reported this development agreement implements the conditions of approval that were recommended to the Council on July 10, 1990 with the exception of Condition D, which would present legal problems. In lieu of this condition the applicant offered to give the City two additional open space lots. Staff recommends: 28.1 Adopt a Negative Declaration for tentative Parcel Map NO. 21383. 28.2 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 90-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEVELOPMENT AGREEMENT NO. 90-1 28.3. Authorize the Mayor to execute the development agreement between the City of Temecula and Rancho Core Associates No. 1. Councilmember Lindemans asked why this project is not multiple phased. He said this project with 130 lots, should take 10 to 15 years to build out. He requested that it be phased. Gary Thomhill said his understanding is the developer is proposing to phase the project. He said he has a phasing plan that has been made available to staff. Minutes 8/28/90 26 Councilmember Lindemans asked staff if a Community Services District for the plan is feasible and whether the City should own and maintain the park at this location. City Manager Dixon stated that we can have a sub-zone in the CSD where specific types of landscaping can be addressed. He said regarding the park, the City should own and maintain the park. Councilmember Lindemans requested adding these items to the agreement. Dean Allen, 29377 Rancho California Road, Suite 202, stated this project was purchased in 1977, and in 1987 the plans were approved. He showed the Council a drawing illustrating this project. He said the conditions agreed upon give eight lots as open space to the City, provide another lot for access for a road, and provide a park lot in the center of the project. He said the park will consist of approximately nine acres when completed. He advised there is a phasing plan, which he presented to Council. In response to the second question regarding the maintenance of the park and hillside, it is currently the applicants proposal to maintain them as a property owners association in a very high quality manner. He said it is possible for the owners to maintain it originally, and possibly dedicate the maintenance to the CSD at a later point. Bill Johnson, 29377 Rancho California Road, Suite 202, thanked Council and staff for their work on this project. He discussed the environmental sensitivity of the project, the quality of the project and the economic impact on the City. He said the linear parkway is intended to be used as a public facility. He stated he would welcome a discussion with CSD regarding maintenance, however a very high standard of maintenance is desired, and the money needed to do this would be provided by the property owners. Jogging and biking paths are also being looked at for this project. He said this project will be committed to bring jobs to Temecula. Mayor Parks closed the public hearing at 12:29 AM. Councilmember Moore moved, Councilmember Mufioz seconded a motion to adopt a negative declaration for tentative Parcel Map No. 21383. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minutes 8/28/90 27 It was moved by Councilmember Lindemans, seconded by Councilmember Moore to read by title only and introduce an ordinance entitled: ORDINANCE NO. 90-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEVELOPMENT AGREEMENT NO. 90-1 with the addition of placing the construction phasing map in the Development Agreement as Exhibit "F". The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 Councilmember Birdsall, Lindemans, Moore, Mufioz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None Lindemans moved, Councilmember Birdsall seconded a motion to authorize the Mayor to execute the development agreement between the City of Temecula and Rancho Core Associates No. 1. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: 0 ABSENT: 0 It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to extend the meeting to 1:00 AM. The motion was unanimously carried. 29. Tenlative Tract Map No. 23513 Mayor Parks opened the public hearing at 12:35 AM. Minutes 8/28/90 28 Gary Thomhill stated this is a request to subdivide 14.37 acres into 11 lots. He said this project was reviewed by the City staff and brought before Council on June 26, 1990. At that meeting the staff recommended the item be set for public hearing. The grading concerns have been satisfied as well as the compatibility with surrounding projects. Projects to the North are 1/2 acre lots, which is consistent with this development. Staff recommends approval of this project. Councilmember Mufioz asked how significant 27 feet of grading is. Gary Thomhill stated staff does not feel it is significant. He said they are basically creating building pads. Councilmember Lindemans asked if this project was noticed more than 300 feet as requested by Council on June 26, 1990. Mr. Thornhill stated he would need to check the case file. Tod Thomas, 41934 Main Street, stated he had letters in support of this project that are from property owners over 1,000 feet from the site. Mayor Parks closed the public hearing at 12:50 AM. Councilmember Mufioz moved, Councilmember Birdsall seconded a motion to: Re-affirm the Negative Declaration for Tentative Tract No. 23513, based on the analysis and findings contained in the County Initial Study and Staff Report. Approve Tentative Tract No. 23513, based on the analysis and findings contained in the Staff Report, subject to the attached Conditions of Approval. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Dixon requested the meeting be adjoumed to a meeting on Friday, August 31, 1990 at 9:00 AM at City Hall to discuss litigation and potential litigation pursuant to Government Code No. 54956.9, B-2. Minutes 8/28/90 29 CITY ATTORNEY REPORTS None given. CITY COUNCII, REPORTS Councilmember Lindemans asked staff to withdraw the Temecula Valley High School Band Banner request from agenda consideration. Mayor Parks requested staff to receive facts regarding recent allegations of misuse of influence to be reviewed as is appropriate by the City Manager and City Attorney for possible report and comment. ADJOURNMENT It was moved by Councilmember Birdsall, seconded by Councilmember Moore to adjourn at 1:01 AM to a meeting on Friday, August 31, 1990 at 9:00 AM at City Hall to discuss litigation and potential litigation pursuant to Government Code No. 54956.9, B-2. Ronald J. Parks, Mayor ATTEST: Minutes 8/28/90 30