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HomeMy WebLinkAbout091890 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD SEPTEMBER 18, 1990 An adjourned 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 COUNCILMEMBERS: 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 Roger Sowder, Oak Springs Prebyterian. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Moore. PRESENTATIONS/ PROCLAMATIONS Councilmember Birdsall presented the members of the City Seal Committee with a certificate of appreciate for their work in putting together the Temecula City Seal. PUBLIC COMMENTS John Dedovesch, 39450 Long Ridge Drive, asked what is being done to enforce code violations, such as balloons. He also asked that the problem of speeding on Temecula Roads be addressed, stating it is unsafe to drive on the major roads in Temecula. He stated that cars with "For Sale" signs are still being parked along roadways which is an eyesore to this community. Minutes 9/18/90 1 Jeri Witt, 30321 Tradewater Court, asked that an ordinance be adopted restricting the size of commercial vehicles on residential streets. She provided the City Council with model ordinances from other cities on this subject. Edward Doran, 39985 Stamos Court, stated he felt the City Council does not always act in the best interest of the people. He said high density housing is still be approved. He stated additional assessments are being levied against the people without solving the problems. He asked why the Council is not allowed to respond to questions posed by citizens during the public comment section of the meeting and suggested holding a town meeting where these questions could be answered. He also asked that priority be given on City jobs to Temecula residents. Councilmember Mufioz stated that with respect to a ordinance restricting commercial vehicles on residential streets, he spoke with Captain Sayre on this subject and the City will see something on this in the near future. CONSENT CALENDAR Councilmember Lindemans requested the removal of Items 3, 4, 7, 10, 11, 12 and 13. Councilmember Mufioz requested the removal of Items 6, 8 and 9. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve Consent Calendar Items 1, 2, 5 and 14 as follows: 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 2.2 2.3 2.4 2.5 Approve the minutes of Approve the minutes of Approve the minutes of Approve the minutes of August 14, 1990 as mailed. August 21, 1990 as mailed. August 28, 1990 as mailed. August 31, 1990 as mailed. September 4, 1990 as corrected. Minutes 9/18/90 2 14. Application for ARC l,icense - Harold's Restaurant 5.1 Receive and file. City Treasurer's Report for the Month Ending July 31, 1990 14.1 Receive and file. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Resolution Approving Payment of Demands Councilmember Lindemans questioned the one month telephone bill for the City of Temecula of $6,076.58. City Manager Dixon explained that $3,987 of the total is for phone service for Willdan and Associates, which the City will be reimbursed for. The actual cost for the City is $2,483.00. Councilmember Linderoans moved, Councilmember Birdsall seconded a motion to adopt a resolution entitled: RESOLUTION NO. 90-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A. The motion was carded by the following vote: Minutes 9/18/90 3 AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Second Reading of Ordinance Approving Development Agreement - Rancho Core Associates Councilmember Lindemans stated he would vote no on this item as it states the City is proceeding with a General Plan, when in fact this process has not yet begun. Larry Lefler, 23767 Via De Gema Linda, Muraleta, stated he is the Managing Partner of the property contiguous to this project and questioned the plans in the agreement to allow an open lot for the Western Corridor. He asked that the two properties cooperate and realign this road to be acceptable to both developments. He presented a copy of this plan to staff for further review. City Attorney Hanna stated this agreement provides language that can accommodate this change. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to read by title only and approve an ordinance entitled: ORDINANCE NO. 90-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEVELOPMENT AGREEMENT NO. 90-01 The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Minutes 9/18/90 4 - 6. Plot Plan No. 86 Councilmember Mufioz objected to an exception to the tower moratorium to build a 60 foot tower in a residential area and asked the reasoning behind staff's recommendation. Gary Thomhill, Chief Planner, stated this was heard before the Temecula Planning Commission on August 20, 1990. He reported the request, by Inland Valley Cablevision, is to construct a tower to replace the existing outdated facility. He explained that most of the tower would be obscured and the Planning Commission recommended the City Council grant an exemption. Councilmember Mufioz asked why the Council would consider a tower in a residential area when not permitted in commercial zones. He said this action will set a precedent for granting exemptions for any reason. Mayor Parks asked if this new tower will give the residents of Temecula improved cable service? Jerry Sanders, representing Inland Cablevision, 2770 West Devonshire, Hemet, stated the existing facility has been in place since 1972 and is very outdated. He said the new tower would greatly improve the quality of service to the citizens of Temecula. He stated every effort is being made to make this facility blend into the surrounding area and meets the conditions of approval set by the Planning Commission. Councilmember Mufioz asked how much of this tower would be visible to the public. Mr. Thomhill stated approximately 30 feet. John Cloughen, 41304 Bravos Court said he is a resident of the Ridgeview Tract and this will be visible from his home. He stated he is against this tower and believes it will be much more visible than the existing facility. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve Plot Plan No. 86. Councilmember Mufioz stated the Council needs more public input on this issue and requested this item not be approved. Councilmember Birdsall said this facility has been in place for 20 years without any complaints. She stated a public hearing has been held and this new tower will benefit all the citizens of Temecula by improved cable service. Minutes 9/18/90 5 The motion was carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Moore, Parks NOES: 2 COUNCILMEMBERS: Lindemans, Mufioz ABSENT: 0 COUNCILMEMBERS: None Parcel Map No. 19582 Councilmember Lindemans stated he will vote no on this issue. He said this in the same area where 135 single lots for Johnson + Johnson were just approved. He stated another 55 single lots in this location would severely impact traffic. Councilmember Mufioz said since this is an item that the Council does not have control over because it was approved by Riverside County prior to City incorporation, he would vote yes. Councilmember Moore moved, Councilmember Birdsall seconded a motion to receive and file Parcel Map No. 19582. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mufioz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks called a recess at 8:05 PM. Meeting at 9:35 PM. The meeting was reconvened following the CSD o Minutes 9118~90 Plot Plan No. 11604 Councilmember Mufioz asked if the 258 parking spaces proposed would be required on this project. Gary Thomhill reported the parking plan is an exhibit which must be followed. 6 seconded by Councilmember Mufioz to It was moved by Councilmember Lindemans, receive and file Plot Plan No. 11604. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Mufioz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None Tentative Parcel Map No. 26036 Councilmember Mufioz asked what has changed on this project to cause the applicant's request for subdivision? Gary Thornhill stated originally this property consisted of two parcels, however it was merged into one. The owners decided this was not in their best interest and are requesting it be subdivided again. He said this could be due to financing concerns. Councilmember Mufioz moved, Councilmember Lindemans seconded a motion to receive and file Tentative Parcel Map No. 26036. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 10. Tentative Tract Map No. 23990 Councilmember Lindemans asked if the developer is aware of the additional conditions of approval presented to Council tonight. Gary Thomhill stated these are standard conditions of approval and the applicant is aware and has agreed to them. Minutes 9/18/90 7 City Manager Dixon said the new conditions need to made a part of the motion. Councilmember Lindemans moved, Councilmember Birdsall seconded a motion to receive and file Tentative Tract Map No. 23990 subject to the following changes: The Planning Department Changes: 1. Amend Condition No. 20 with the following: Fire Mitigation Prior to the issuance of building permits, the developer shall deposit with the Riverside County Fire Department a cash sum of $400.00 per lot/unit as mitigation for fire protection impacts. 2. Add Condition No. 58 Prior to issuance of building permits, the applicant shall pay to the City Regional Statistical Area No. 49 (RSA) fees, pursuant to Development Mitigation Fee Ordinance No. 659. 3. Add Condition No. 59 Prior to building permit, the subdivider shall notify the City's CATV Franchises of the intent to develop. Conduit shall be installed to CATV standards prior to issuance of Certificates of Occupancy. 4. Add Condition No. 15.k. Prior to issuance of building permits, applicant shall pay applicable Quimby Fees pursuant to Ordinance No. 460. And Engineering Change as follows: Prior to Occupancy: Developer shall pay any capital fee for road improvements and public facilities imposed upon the property or project, including that for traffic and public facility mitigation as required under the EIR/Negative Declaration for the project, in the amount in effect at the time of payment of the fee. If an interim or final public facility mitigation fee or district has not bee finally established by the date on which Developer requests its building permits for the project or any phase thereof, the Developer shall execute the Agreement for Minutes 9/18/90 8 Payment of Public Facility Fee, a copy of which has been provided to the Developer. Developer understands that said Agreement may require the payment of fees in excess of those now estimated (assuming benefit to the project in the amount of such fees) and specifically waives its right to protest such increase. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 C OUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 11. Final Tract Map Nos 22916-1, -2, -3 and F Councilmember Lindemans asked if the Quimby provisions are being imposed? Gary Thomhill stated the City can exact these fees under the terms of the Development Agreement. City Attorney Hanna stated the Quimby Ordinance will apply under Page 11, Section D. It was moved by Councilmember Lindemans seconded by Councilmember Birdsall to approve Final Tract Map Nos. 22916-1, -2, -3 and Final, subject to the conditions of approval, as amended. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 Birdsall, Lindemans, Moore, Mufioz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None 12. Final Tract Map No. 23101-2 Councilmember Lindemans moved, Councilmember Birdsall seconded a motion to approve Final Tract Map No. 23101-2, subject to the conditions of approval. Minutes 9/18/90 9 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 13. Public Document - City's Annual Operating Budget FY 1990-91 Councilmember Lindemans noted that the actual surplus is now much great than 1.3 million dollars. It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to receive and file Public Document - City's Annual Operating Budget FY 1990-91. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None COUNCIl, BUSINESS 15. City Seal Selection Councilmember Birdsall reported there are several actions to be taken tonight. One is to select the Official City Flower, approve the recommendation for the City Slogan, and select (by ballo0 an Official City Seal (Logo). She said the recommendation for the City Flower is The Temecula Rose. The recommendation for the City Slogan, "Old Traditions · New Opportunities", was derived from a Chamber of Commerce contest. She said the logo would be chosen from six choices put together by the committee. She said the audience has been polled for their choice, and the Council will make the final choice. Steve Sander, 40213 Holden Circle, agreed the City Flower should be a rose. He said there is a registered rose currently named "Rancho California Rose", and the Rose Society has applied to have it renamed the "Temecula Rose". Minutes 9/18/90 10 Karen Ortega, 30054 Mira Loma Drive, stated she placed roses on the podium to demonstrate the rose is a perfect symbol for this community. She asked that the Rose Society be allowed to plant the median on Rancho California Road with roses to further beautify the City entrance. Ms. Ortega said she would like the freeway signs at each end of the City to be changed to bear the symbol of the rose. Councilmember Moore asked if the City is requesting a rose to be the official flower, or a specific rose, such as the "Temecula Rose". Councilmember Birdsall said this name is presently being applied for. Councilmember Moore moved, Councilmember Linderoans seconded a motion to approve the "Rancho California Rose" as the official City flower and that the name by changed to the "Temecula Rose" as soon as possible. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Lindemans, seconded by Councilmember Mufioz to accept the recommended slogan "Old Traditions New Opportunities" as the Official City Slogan. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Mayor Parks stated it is important that this slogan came from the youth of this community, inspiring future leaders. Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to chose Design No. 6 as the Official Seal for the City of Temecula. Minutes 9/18/90 11 16. The motion was carded by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None It was moved by Councilmember Lindemans seconded by Councilmember Moore to direct staff to have camera ready art prepared for future use as appropriate. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: Birdsall, Lindemans, Moore, Mufioz, Parks 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Designation of Voting Deleteate for League of California Cities Annual Conference City Manager Dixon stated the League of California Cities will be acting on a number of items before the general membership. The League has asked each City to designate a delegate. Mr. Dixon said an alternate can also be chose if the Council so desires. Councilmember Lindemans moved, Councilmember Mufioz seconded a motion to appoint Mayor Parks to serve as delegate and Councilmember Birdsall to serve as alternate. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 C OUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Minutes 9/18/90 12 17. Acquisition of Park lands City Manager Dixon recommended staff pursue acquisition of property offered by Bedford Properties. He also stated that Metropolitan Water District does have right-of-way for their pipelines on this property. Mayor Parks called a one minute break to change the tape at 9:15 PM. The meeting was reconvened at 9:17 PM. Joe Pribanic, 30929 Calle Pina Colada, stated he is in opposition of the City acquiring this property for use as a public park. He said the topography of this land does not lend itself to a park. He stated property owners have had trouble with drugs and vandalism in this area and the strip of land would be virtually impossible to patrol. He asked that the Council not accept this property. John Cloughen, 41304 Bravos Court, Secretary/Treasurer of the Ridgeview Homeowners Association, stated the homeowners are opposed to this property being used as a City park. He advised the City Council that the Ridgeview Homeowners Association has been offered this property by Bedford Properties for development of a tree farm for a joint venture with La Serena Home Owners Association. James Donart, 41300 Bravos Court, said this property must have a road maintained down the center for access by the Metropolitan Water District. He also stated that due to the configuration of this land, it is very difficult to supervise and asked that the City Council not acquire this land for use as a park. Jim Williams, 27425 Ynez Road, stated he seconded everything that has been said before him. Terry Cordell, 41284 Bravos Court, objected to public use of this property stating it cannot be supervised and he has had problems in the past with vandalism. Kim Muscato, 41365 Bravos Court, stated she is also in opposition to this land becoming a City Park. Karin Pavlovsky, 30911 White Rocks, President of the Ridgeview Homeowners Association, stated the association has voted to support the cooperative development of this site as a tree farm. She stated the association is in opposition to staff's proposal. She also said it would not be appropriate for Bedford to receive credit for a park for this unusable property. Minutes 9/18/90 13 Councilmember Birdsall asked if a representative of the La Serena Homeowners Association is present. Mr. Cloughen said that there is not a representative tonight, but he met with the association and they favor the joint venture for a tree farm. Councilmember Mufioz suggested the City acquire this land and lease it back to the homeowners association at a nominal fee. This would enable the City to obtain open space which is needed also. By doing this it would serve both needs. Councilmember Lindemans said the City is in desperate need of parks but stated the City needs to purchase usable land. Councilmember Moore expressed the desire to use this land for possible walking and bike trails or a skate board park. Mayor Parks said that he understands this site has been used for many years been a nuisance to the surrounding property owners and stated he felt it would be better to allow the homeowners association to have this particular piece of land. It was moved by Councilmember Mufioz, seconded by Councilmember Moore to direct staff to pursue acquisition of the property offered by Bedford Properties with the provision that the City will enter into negotiations to sub-lease the property to the Ridgeview Homeowners Association for an undefined period of time. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz NOES: 1 COUNCILMEMBERS: Parks ABSENT: 0 COUNCILMEMBERS: None Mayor Parks asked that the Council reorder the agenda and that Item No. 18 be considered last. 19. Buildin~ and Safety and Community Services Department Positions City Manager Dixon stated this action will approve positions and salaries for the titles previously approved by Council in the budget. He said that positions within the Building and Safety and Community Services Departments could then be filled. He stated this needs to be acted upon quickly as the new Building and Safety Director will start work Monday, September 24, 1990 and will need to begin hiring staff. Minutes 9/18/90 14 20. 21. Councilmember Birdsall moved, Councilmember Moore seconded a motion to adopt a resolution entitled: RESOLUTION NO. 90-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA PROVIDING FOR THE ESTABLISHMENT OF PERSONNEL POLICIES and authorize the City Manager to fill Building and Safety and Community Services Department positions as recommended in the staff report. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: NOES: 0 ABSENT: 0 COUNCILMEMBERS: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks None None Schedule Swearinl~ In Ceremonies for Commission City Manager Dixon recommended setting the date for the swearing-in ceremonies for commissions on Tuesday, October 2, 1990 at the beginning of the Council meeting. Council so directed staff to schedule the ceremonies on October 2, 1990. Lease of City Hall Office Space at 43172 Business Park Drive City Manager Dixon stated he would have preferred a contract for less than three years, however the property can be subleased if the City desired to move to another location. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to authorize the City Manager to execute a lease agreement with Windsor Properties subject to City Attorney approval. The motion was carried by the following vote: Minutes 9/18/90 15 AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mufioz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 22. Riverside County Chapter of the League of California Cities Councilmember Birdsall said she requested this be placed on the agenda. She said that this would enable Riverside County to have more of a voice in the decision made at the League of Califomia Cities. She said approval by the City has been requested prior to the general meeting of the League in Anaheim on October 21, 1990. Councilmember Birdsall moved, Councilmember Moore seconded a motion to authorize the Mayor to advise the League of California Cities that the City of Temecula favors the creation of a Riverside County Chapter of the League of California 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 18. Scheduling of Meetings and Study Sessions City Manager Dixon stated it was Council's desire that this matter be agendized for discussion. He said that in August the meetings were adjusted to have two regular meetings and two study session. He said there has been some frustration by Council that no action could be taken at study sessions, and it was suggested to have regular meetings once a week. Councilmember Birdsall suggested looking forward to the holidays and determining the dates a Council Meeting will not be held such as the Tuesday preceding Thanksgiving and Christmas Day and New Year's Day. She asked that the Community Center be given sufficient notice to schedule other events if desired. Minutes 9/18~90 16 City Manager Dixon suggested not having such a full agenda on the first and third week, so more discussions could take place. Councilmember Birdsall requested meetings be designed that could include questions and answers from the public. City Manager Dixon stated this could be included on the agenda perhaps on the first week of the month. Mayor Parks stated he felt the Council needs to set some time aside for developing good working relationships between members of the Council. He said he would like to see the group pull together. City Manager Dixon said a team building session would be beneficial utilizing an outside facilitator. He said he would like to set this up during the month of October. The Council directed staff to schedule adjourned regular meetings on the first, third and fifth Tuesdays of each month to include a study session format and allow for conduct of some business items as staff deems necessary. CITY MANAGER REPORTS City Manager Dixon stated RFQ's have been sent out for the general plan. He requested a committee be set up including members of the Planning Commission and the City Council to interview four or five consultants. CITY ATTORNEY REPORTS None given. CITY COUNCIl, REPORTS Councilmember Lindemans requested the staff look into using the City's passenger van to transport workers for general City clean-up projects. Councilmember Mufioz requested the City Attorney to look into an ordinance giving the City's Code Enforcement Officer citation authority. Mayor Parks requested that the City Attorney's office complete their investigation, regarding the allegations of improper use of influence, as soon as possible and issue their report. Minutes 9/18/90 17 ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Birdsall to adjourn at 10:20 PM to a meeting on September 24, 1990. Ronald J. Parks, Mayor ATTEST: Minutes 9/18/90 18