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HomeMy WebLinkAbout020894 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD FEBRUARY 8, 1994 A regular meeting of the Temecula City Council was called to order at 7:13 PM at the Temecula Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone, Roberts ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. !:X!:CUTIV!= S!=SSION A meeting of the City of Temecula City Council was called to order at 5:37 PM. It was moved by Councilmember Parks, seconded by Councilmember Stone to adjourn to Executive Session pursuant to Government Code §54957.6 regarding Labor Negotiations and §54956.9(a) to discuss pending litigation regarding Pechanga Reservation v. City of Temecula; Lake Villages Homeowners Association v. City of Temecula; City of Temecula v. Fremont Financial; and Rancho Regional Shopping Center v. City of Temecula. The motion was unanimously carried. INVOCATION The invocation was given by Bishop Bob Ford, The Church of Jesus Christ of Latter Day Saints. PLIFDC, I; OF All EGIANCE The audience was led in the flag salute by Councilmember Stone. PR!:SFNTATIONS/ PROC! AMATIONS Mayor Ron Roberts proclaimed February 13-19, 1994 to be "Toughlove Week". Linda Semet accepted the proclamation on behalf of Paul and Becky Jeffrey. She thanked the Mayor and City Council for the proclamation, and announced that Toughlove will be having a community information night, at Valley Christian Fellowship Church on February 17, 1994 at 7:30 PM. Mayor Roberts proclaimed the month of February as "American Heart Month." Christine McCuster of Kid's World Preschool, along with Brittany Stone, Scott Swartz, David Loyst and Loran Byrne received the proclamation. Mayor Roberts proclaimed February 26th and 27th as "1994 Rod Run Days". Frank Spencer accepted the proclamation and thanked the Council for their sponsorship. 1 February 8. 1994 City Council Minutes PUBIIC FORUM None given. CITY COUNCIl RIrPORTS Councilmember Parks stated he attended a SCAG meeting last week, and reported the comprehensive plan deadline will probably be extended 30-60 days due to the earthquake. Mayor Roberts announced that the Local Government Commission presented an Ahwanee Community Design Award to the City of Temecula for the Village Center Concept in the newly adopted General Plan. He thanked Planning Director Gary Thornhill and Senior Planner John Meyer for their efforts. Director of Planning Thornhill thanked Mayor Roberts for his participation and said this award is important because it stresses quality of life as the most important design and planning consideration, which is what the City has been striving for. CONSFNT CA! FNDAR Mayor Pro Tem Stone requested the removal of Item 6 from the consent calendar. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Stone to approve Consent Calendar Items 1-5 and 7-10. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 1. Standard Ordinance Adol~tion Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes RECOMMENDATION: 2.1 Approve the minutes of January 25, 1994. City Council Minutes 3. o Resolution Al;)l;)roving List of Demands RECOMMENDATION: 3,1 February 8, 1994 Adopt a resolution entitled: RESOLUTION NO. 94-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Rel;)ort RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of December 31, 1993. Accel;)tance of an Offer of Dedication and Accel;)tance Into the City-Maintained Street System - A Portion of Caml;)anula Way RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO. 94-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING THE OFFER OF DEDICATION AND ACCEPTING INTO THE CITY-MAINTAINED STREET SYSTEM, A PORTION OF CAMPANULA WAY Contract Change Orders No. 41 through No. 44 for Ynez Road Widening Project. PW97- 05. CFD 88-17 RECOMMENDATION: 7.1 Approve the final Contract Change Orders No. 41 through No. 44 for Ynez Road Widening Project, PW92-05 for labor and equipment for various items of work, in the amount of $2,397.62; 7.2 Approve the transfer of funds between accounts to fund the net adjustments made to the original contract quantities in the amount of $29,316.16. Design Services Contract - Rancho California Desiltation Lake Iml;)rovement Project RECOMMENDATION: 3 City Council Minutes February 8. 1994 8.1 Adopt a resolution entitled: RESOLUTION NO. 94-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENDORSING APPLICATION FOR AN URBAN STREAMS RESTORATION GRANT AND INSTITUTING APPROPRIATE ENVIRONMENTAL REVIEW, CONDITIONALLY ACCEPTING GRANT IF OFFERED, AND DESIGNATING CONTRACT MANAGER AND FISCAL AGENT 8.2 Award contract of $18,500 to J.F. Davidson Associates, Inc. for Preliminary engineering and the preparation of schematic design drawings for the Rancho California Desiltation Lake Improvement Project; 8.3 Appropriate $19,000 to Account Number 001-163-999-5250 from General Fund fund balance. Coml;)letion and Accel;)tance of the Construction of the Old Town Temecula Senior Center - Project CSD 92-03 RECOMMENDATION: 9.1 Accept the construction of the Old Town Temecula Senior Center, Project No. CSD92-03, as complete and direct the City Clerk to: File a Notice of Completion, release the performance bond, and accept a one (1) year Maintenance Bond on the amount of 10% of the contract; Release the materials and Labor Bond seven (7) months after the filing of the Notice of Completion if no liens have been filed. 10. Fee Credits for Paloma Del Sol Park RECOMMENDATION: 10.1 Approve an initial fee credit of $500,000 for Kemper Community Development Company for the construction and dedication of Paloma Del Sol Park. 6. Out-of-State Travel Plans Mayor Pro Tem Stone asked that the allocations for Sister City trips be approved by the Council prior to travel. Councilmember Mu~oz asked that this item be continued until more specific cost break downs and justifications for out-of-state travel are given. City Council Minutes February 8, 1994 Councilmember Parks suggested approving the travel scheduled for February 6-11 since it has already taken place. It was moved by Councilmember Parks, seconded by Councilmember Mu~oz to continue this Item until more detailed information is obtained. Councilmember Birdsall stated she would like to consider amending the motion, since the plans need to be made to attend the National League meeting in Washington, D.C. City Manager Dixon stated that one problem with continuing this item is that a three to four month lead is often needed to take advantage of discount airline tickets. Councilmember Mu~oz asked if figures were in at this time for these conferences. City Clerk June Greek said she can presently fly to Alaska for $340/round trip. If the deadline of February 16th is missed, the price jumps to $672/round trip. Councilmember Muhoz asked if this training can be obtained locally. City Clerk June Greek explained that in order to continue an advanced educational program for City Clerk's called an AAE, attendance at an international conference is required. Councilmember Parks stated based on the numbers quoted, he does not have a problem with approving this travel. Councilmember Parks withdrew his motion, Councilmember Munoz withdrew his second. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to approve staff recommendation to authorize certain travel plans for the National League of Cities, Public Works Training Seminar and International Institute of Municipal Clerks out of state travel, and directed staff to return with more detailed information regarding the remaining travel. The motion was unanimously carried. PUBLIC H!=ARINGS 11. Old Town Sl;)ecific Plan (Continued from the meeting of 1/25/94) Councilmember Mu~oz asked that in the discussion of this item, language be added to the plan that addresses the Memorandum of Understanding that has been entered into with Zev Buffman, with some allowance to implementing this in the future. Mayor Pro Tern Stone and Councilmember Mu~oz disclosed a potential conflict of interest and removed themselves from the discussion. 5 City Council Minutes February 8, 1994 Director of Planning Gary Thornhill presented the staff report and introduced Mark Broder, of Urban Design Studio, the consultant used to assist the City in the preparation of this plan. Mark Broder, outlined the proposed Old Town Specific Plan. Associate Planner Dave Hogan, reported that since the Planning Commission adopted the plan last June, a change has been made regarding sidewalk vending carts. He explained concerns were voiced by merchants that vending carts should not be located in the public right-a-way. In response to their concerns, staff met with a number of merchants and revised language is included that will alter the current section to allow vending carts on developed commercial property only. He also stated that in addition to the changes in the revisions addendum, staff recommended that the parking district be expanded to match boundary for the Tourist Retail Commercial Area, and noted a correction to Section 9 of the Ordinance to read "Subsection D. of Section 19.10". Mr. Hogan stated he also received a letter from Mr. Rumsey, regarding needs for additional study regarding circulation due to impacts from the proposed Zev Buffman project. Director of Planning Thornhill recommended including in the motion, that a policy referencing the Memorandum of Understanding with Zev Buffman be added to the Plan. Councilmember Birdsall expressed her concerns regarding wood walkways, due to past problems at the Rancho Plaza. Mr. Broder explained with proper installation and maintenance, problems could be minimized. Mayor Roberts opened the public hearing at 8:06 PM. Bonnie Reed, 42050 Main Street, spoke in favor of adoption of the Old Town Specific Plan, stating the community has put forth a lot of effort into this plan and it will be the foundation of Old Town's future. Smokey Williamson, 38815 Wayman, Sage, representing the Old Town Temecula Gun Fighters, spoke in favor of the Old Town Temecula Specific Plan. RFCFSS Mayor Roberts called a brief recess at 8:10 PM to change the tape. The meeting was reconvened at 8:11 PM, with Councilmember Mu~oz and Stone absent. Bill Harker, 31130 General Kearny Road, representing the Temecula Town Association, spoke in favor of the Old Town Specific Plan and asked for Council support. He also asked the Council to consider extension of the boundaries on both sides of Pujol Street and the area south of 1st Street to 6th Street. Mayor Roberts closed the public hearing at 8:26 PM. City Council Minutes February 8. 1994 It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendations 11.1, 11.2 and 11.3, with noted corrections in Section 9 to read "Subsection D. of Section 19.10." 11.1 11.2 11.3 Approve the Negative Declaration; Adopt a resolution entitled: RESOLUTION NO. 94-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE OLD TOWN SPECIFIC PLAN Introduce and read by title only an ordinance entitled: ORDINANCE NO. 94-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING PORTIONS OF THE OLD TOWN SPECIFIC PLAN, AMENDING THE OFFICIAL ZONING MAP FOR THE CITY OF TEMECULA, AND AMENDING CITY ORDINANCES 90-04, 92-16, AND 93-12 The motion carried by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: Birdsall, Parks, Roberts COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz, Stone Councilmember Birdsall asked if those currently serving on the Local Review Board will continue to serve on the Old Town Local Review Board. Associate Planner Dave Hogan explained that two existing members would continue to serve, two interim members would have their terms extended to same point, and the City Clerk would advertise for positions to fill the vacancies. He stated that nothing would prevent previous members from reapplying to fill the vacancies. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendation 11.4, with an addition to attachment No. 3 of the Revisions Addendum to read "to promote the development of Old Town in a manner to be consistent with the Memorandum of Understanding entered into by the City Council and Zev Buffman. 7 City Council Minutes The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Mu~oz, Stone It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff on 11.5 as follows: 11.5 Direct the City Clerk to advertise for positions on the Old Town Local Review Board to begin the process of filling the vacancies on the Board. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to direct staff to refer the requested boundary change to the Planning Commission. The motion carried by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: Birdsall, Parks, Roberts COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz, Stone February 8. 1994 RFCFSS Mayor Roberts called a brief recess at 8:25 PM to change the tape. The meeting was reconvened with all members present at 8:38 PM. 12. Planning Ag.olication No. 93-187. Amendment No. 1 - Al;)l~eal (New Community Lutheran Church) Councilmember Parks announced he would abstain from this item due to a potential conflict of interest created by the close proximity of his residence to this site. Director of Planning Gary Thornhill presented the staff report. Mayor Roberts asked Director of Public Works Serlet is there is a problem regarding vehicle stacking. Mr. Serlet explained that concern was expressed due to on-site traffic, however due to the length of the entrance corridor, this concern has been adequately addressed. Councilmember Stone asked if the proponents had agreed not to light the ball field. Director of Planning Thornhill explained that matter is not part of the proposal and would have to go back through the public hearing process. 8 City Council Minutes February 8, 1994 Mayor Roberts opened the public hearing at 8:51 PM. Louis Todd, 30645 Southern Cross Road, representing New Community Lutheran Church, spoke in favor of the staff recommendation to deny the appeal. He reported that the entire church-going community has united in support of this project. He introduced speakers to address the major areas of concern, which are traffic and parking. Paul Yelton, gave a brief history of the problems the church has encountered over the past several years in its effort to build a church and reported that $104,000 has been expended to date. Fred Chaffey, 40245 Paseo Sereno, discussed the notification procedure and described how the church hand delivered 70 notices to make sure proper notification occurred. Karl Walters, 39798 Amberly Circle, presented a petition containing 1,938 signature to the City Clerk. He stated the purpose of this petition is to demonstrate to the City Council the broad base of support for the project. He stated that he obtained 100% support from the churches in Temecula. Cris Wenthur, Wenthur & Chachas Attorneys at Law, spoke in favor of approval of the project, noting that historically churches have enjoyed a favored status relative to construction of new facilities. Mike Tylman, 28765 Single Oak Drive, spoke in favor of the project stating the development will help the current erosion and drainage problems on the site. Vince Didonato, Alhambra Group Architects, landscape consultant, addressed the positive elements of the landscape plan. Tim Holt, Holt Group Architects, discussed the advantages of the design elements for this project and discussed phasing. R~C~SS Mayor Roberts called a recess at 9:21 PM to change tape. The meeting was reconvened at 9:22 PM. Pastor Don C. Presinger, 11446 Kaywood Circle, Escondido, Interim Pastor of New Community Church, spoke in support of the project, and stated that it has been his experience that churches receive preferential treatment in other communities. He stated that non-profit organizations will be welcome to use the church for their activities and urged approval of the project. He asked those attending in support of the church to stand. Alberta Kovach, 15061 Zieglende Drive, Lake Elsinore, urged approval of the project. City Council Minutes February 8, 1994 Robert Ford, 29715 Via Verde, spoke in support of New Community Lutheran Church listing benefits churches provide to a community. Greg LeBlanc, 39843 Amberly Circle, spoke in favor of the project. John Augustine, 30345 Colina Verde, spoke against the proposed project and presented the City Clerk with a petition containing 118 signatures of surrounding homeowners. He listed his major concerns as traffic and density. Evelyn Backstrom, 30498 Colina Verde, Windsor Crest, spoke in opposition to the project, asked that the Council deny this project and return the church to the original Los Ranchitos Site. Gary Petch, 43065 Vista Del Rancho, Windsor Crest project, stated the surrounding homeowners were opposed to Kemper's project on this site due to density generated traffic and the proposed 400 student day school will cause the same traffic problems. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mu~oz to extend the meeting until 10:45 PM. The motion was unanimously carried. Marsha Slavin, 30110 La Primavera, spoke in opposition to the project and stated she believed this site would remain an open space passive park. She asked that the church be refunded for all fees paid out and this project be denied. Hector Demarchi, 30198 La Primavera, spoke in opposition to the project. R;C;SS Mayor Roberts called a brief recess at 10:20 PM to change the tape. The meeting was reconvened at 10:21 PM. Betsy Stubbs, 30263 Mira Loma, spoke in opposition to the project and stated she was under the assumption this property would remain a park. Louis Todd, representing New Community Lutheran Church, speaking in rebuttal, urged approval of the project and asked that the Council adopt a pro-church policy and direct staff to meet with church leadership to re-evaluate the Public Use Permit process. Mayor Roberts closed the public hearing at 10:30 PM. Councilmember Mu~oz spoke in favor of the project and stated he feels churches and schools are appropriate in residential areas where they are needed. He stated he believes all issues brought up have been sufficiently mitigated and this is an appropriate location for the project. Councilmember Birdsall stated she appealed the Planning Commission decision on this issue to allow all concerned citizens the opportunity to voice their opinion. 3.0 City Council Minutes February 8. 1994 Councilmember Stone stated he supports this project and feels the City does welcome churches in Temecula. He said Council and staff have worked hard with surrounding homeowners to address their needs and mitigate any problems with this project. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Mu~oz to extend the meeting until 11:25 PM. The motion was unanimously carried with Councilmember Parks absent. Councilmember Mu~oz asked Planning Director Thornhill to explain why staff believes this is an appropriate site for this project. Mr. Thornhill explained an advantage of the site is very good buffering with a 1/4 mile distance and an up-hill elevation. He noted another advantage is being located on Pauba Road, an arterial, which will be able to carry the required traffic. Councilmember Birdsall stated that under the Conditions of Approval, Item 44, pg 19, the Rancho California Water District concurrence is not listed. Director of Planning Thornhill stated that would be added. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tern Stone to approve staff recommendation as follows: 12.1 Adopt a resolution entitled: RESOLUTION NO. 94-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DENYING THE APPEAL OF THE PLANNING COMMISSlON'S DECISION TO APPROVE PLANNING APPLICATION NO. 93-0187, AMENDMENT NO. 1, AND APPROVING THE PROJECT TO CONSTRUCT A CHURCH AND ASSOCIATED FACILITIES TO BE CONSTRUCTED IN FIVE (5) PHASES TOTALLING APPROXIMATELY 43,197 SQUARE FEET OF BUILDING AREA LOCATED ON THE NORTH SIDE OF PAUBA ROAD, APPROXIMATELY 2,500 FEET EAST OF THE INTERSECTION OF YNEZ AND PAUBA ROADS ON A PORTION OF ASSESSOR'S PARCEL NUMBER 945- 050-004 The motion was unanimously carried with Councilmember Parks abstaining. RFCFSS Mayor Roberts called a recess at 11:09 PM. The meeting was reconvened at 11:25 PM with all members present. 13. Adoption of Temecula Municil;)al Code Mayor Roberts opened the public hearing at 11:25 PM. Hearing no requests to speak, Mayor Roberts closed the public hearing at 11:25 PM. 11 City Council Minutes February 8, 1994 It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tern Stone to approve staff recommendation as follows: 13.1 Conduct a public hearing to consider adoption of the Temecula Municipal Code and the following secondary codes: C. D. E. F. G. H. I. Riverside County Ordinances adopted by reference; Uniform Building Code, 1991 Edition with appendices in California State Amendments. Uniform Building Codes Standards, 1991 Edition Uniform Mechanical Code 1991 Edition, with appendices in California State Amendments. Uniform Plumbing Code, 1991 Edition, with appendices in California State Amendments. Uniform Administrative Code, 1991 Edition. Uniform Code for the Abatement of Dangerous Buildings, 1991 Edition. Uniform Housing Code, 1991 Edition; and Uniform Swimming Pools. Spa and Hot Tub Code, 1991 Edition. 13.2 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 94-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE TEMECULA MUNICIPAL CODE The motion was unanimously carried. COUNCI! BUSIN!=SS 14. Stipulated Judgment Effecting Temecula Redevelopment Agency 15. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: 14.1 Approve and authorize the City Attorney to execute the "Interim Stipulation" in the case entitled Dawes v. City of Temecula, Riverside Superior Court Case No. 194468MF (consolidated with 194948.) The motion was unanimously carried. Lease of City Owned Property at 27612 Jefferson Avenue Assistant City Manager Woody Edvalson presented the staff report. 12 City Council Minutes February 8. 1994 Mayor Roberts asked if a provision is included in the lease which would allow only "on- site parking". Director of Planning Thornhill stated this would be conditioned to allow only on site parking. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve staff recommendation as follows: 15.1 Approve the attached lease between the City of Temecula and Gary Michael Craig for use of City property at 27612 Jefferson Avenue. The motion was unanimously carried. 16. Sl;)ecific Plan No. 164. Amendment No. ~? (PA93-0145) Roril;)augh Staff requested that this item be continued for two weeks. It was moved by Councilmember Parks, seconded by Councilmember Mufioz to continue this item to the meeting of February 22, 1994. The motion was unanimously carried. CITY MANAC-!=R R!=PORT None given. CITY ATTORNIrY R!=PORT None given. CITY COUNCI! R!=PORTS None given. ADJOURNMFNT It was moved by Councilmember Muhoz, seconded by Mayor Pro Tern Stone to adjourn at 11:35 PM to a meeting on February 22, 1994, 7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California. The motion was unanimously carried. Ron Roberts, Mayor ATTEST: j u(~r~'~kk, Cit~;~ C'ler~ 13