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HomeMy WebLinkAbout071294 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JULY 12, 1994 A regular meeting of the Temecula City Council was called to order at 5:38 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Ron Roberts presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts ABSENT: 1 COUNCILMEMBERS: Mu~oz Also present were City Manager Ronald Bradley, City Attorney Scott F. Field, and City Clerk June S. Greek. FXFCUTIV!= SFSSION A meeting of the City of Temecula City Council was called to order at 5:38 PM. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Parks to adjourn to Closed Session pursuant to Government Code §54956.9(b) regarding potential litigation and §54957.6 for the purpose of holding a conference with the City's labor negotiator Ronald E. Bradley representing unrepresented employees. City Attorney Peter Thorson requested that the Council consider adding an item under §54956.9 based on subsequent need since the need to discuss the Rancho Shopping Center vs the City of Temecula arose after the preparation and posting of the agenda. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to add consideration of the Rancho Shopping Center litigation to the closed session on the basis of subsequent need. The motion carried unanimously with Councilmember Mu~oz absent. The motion to adjourn to Closed Session at 5:38 PM carried unanimously with Councilmember Mu~oz absent. The meeting was reconvened in regular session at 7:04 PM with all Councilmembers present. INVOCATION The invocation was given by Dan Snow, Church of Jesus Christ of Latter Day Saints PLFDGF OF All FRIANCF The audience was led in the flag salute by Councilmember Parks. PUBLIC COMMFNTS None given. CITY COUNCIl RFPORTS Mayor Pro Tem Stone announced the City has City Council meeting programming sponsorships available to air during the coming months. He explained hourly sponsorships would be available at $200.00, and invited interested businesses to participate in this program. R:~N~end,\071294 1 Mayor Pro Tem Stone requested staff prepare an ordinance to address transient and road side vending within the City limits for the purpose of assisting in enforcement. Councilmember Birdsall requested that staff prepare the necessary resolution for Council consideration to formally adopt Roberts Rules of Order to govern the conduct of Temecula City Council meetings. CONSFNT CA!FNDAR Mayor Pro Tem requested the removal of Item No. 6 from the Consent Calendar. Mayor Roberts commented on Item No. 9 stating this is an interim improvement of a State Highway, in direct response to complaints regarding cut-through traffic of California Sunset Homes. He thanked staff for their prompt attention to this problem. Contract Amendment for Street Address Numbering Mayor Pro Tem Stone asked if the street numbering could be done in-house? Chief Building Official Tony Elmo answered that current staffing levels do not allow providing this service. He explained that the consultant, Mr. Stewart, does have specialized expertise in the two different systems which are used. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to approve Consent Calendar Items 1-14. The motion carried by the following vote: AYES: 5 NOES: 0 ABSENT: 0 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone, Roberts COUNCILMEMBERS: None COUNCILMEMBERS: None 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. Resolution AD0roving List of Demands RECOMMENDATION: 2.1 Adopt a resolution entitled: R:~a~nda~O 71294 2 4 R:~Agenda\071294 RESOLUTION NO. 94-73 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 Report as of May 31. 1994 RECOMMENDATION: 3.1 Receive and file the City Treasurer's Report as of May 31, 1994. Al~pointment to Library Advisory Committee RECOMMENDATION: 4.1 Appoint Marginia Kelly to fill the vacancy on the Riverside County Library Advisory Committee. 20th Year (FY94-95) Community Development Block Grant Operating Budget RECOMMENDATION: 5.1 Adopt a resolution entitled: RESOLUTION NO, 94-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE ANNUAL OPERATING BUDGET FOR FISCAL YEAR 1994-95 FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT OPERATING FUND Contract Agreement for Street Address Numbering RECOMMENDATION: 6,1 Approve an agreement with Bruce Stewart to renew existing contract to provide address numbering on an as-needed basis. Final Vesting Tract Map No. 23101-3 (Located south of La Serena Way and East of Meadows Parkway) RECOMMENDATION: 7.1 Approve Final Vesting Tract Map no. 23101-3 subject to the Conditions of Approval, Final Vesting Tract Map No. 23100-4 (Located north of Rancho California Road and west of Butterfield Stage Road) 3 RECOMMENDATION: 8.1 Approve Final Vesting Tract Map No. 23100-4 subject to the Conditions of Approval. 9 Solicitation of Construction Bids and ADI;)roval of Plans and Sl~ecifications for Construction of Pala Road and Route 79 South - Interim Iml~rovements (Project No. PW94-08) RECOMMENDATION: 9.1 That the City Council approve the Construction Plans and Specifications and authorize the Department of Public Works to solicit public construction bids for Project No. PW 94-08, Pala Road and Route 79 South Interim Improvements 10 Accel~tance of Public Iml~rovements. Substitute Subdivision Iml;)rovement Agreement and Public Iml~rovement Bond Riders- Tract No. ?7716-1. RECOMMENDATION: 10.1 Accept the Public Improvements, authorize reduction in Faithful Performance Street, Water and Sewer Bond amounts and accept the Subdivision Improvement Agreement and Public Improvement bond riders in Tract No. 22716-1. 10.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. 11 Accel~tance of Public Iml~rovements and Substitute Subdivision Iml;)rovement Agreement and Riders - Tract No. 72715-1 RECOMMENDATION: 11.1 Accept the Public Improvements, authorize reduction in Faithful Performance Street, Drainage, Water and Sewer Bond amounts, accept the substitute Subdivision Improvement Agreement and bond riders in Tract No. 22715-1. 11.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Sr:COND Rr:ADINn OF ORDINANC;S 12 Ordinance No. 94-18 RECOMMENDATION: 12.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 94-18 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 10.36 TO THE TEMECULA MUNICIPAL CODE REGARDING PROHIBITING R:'~enda\O 71294 4 SKATEBOARDING, ROLLERBLADING, OR SIMILAR ACTIVITIES IN CERTAIN DESIGNATED AREAS 13 Ordinance No. 94-19 RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 94-19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING ORDINANCE 348 TO CREATE PROVISIONS AND REQUIREMENTS FOR THE APPROVAL OF MASTER CONDITIONAL USE PERMITS 14 Ordinance No. RECOMMENDATION: 14.1 Read by title only and adopt an ordinance entitled ORDINANCE NO. 94-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 9.12 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE ESTABLISHMENT OF A CURFEW FOR MINORS PUBLIC H!=ARIN~S 15 ! ease Agreement with Temecula Valley Historical Museum Foundation Mayor Roberts opened the public hearing at 7:20 PM. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to continue the public hearing to the meeting of August 23, 1994. The motion was unanimously carried. 16 Amendments to Ordinance Regulating Teml~orary Signs Senior Planner John Meyer presented the staff report. Mayor Roberts opened the public hearing at 7:28 PM. Jeanne Kearns, owner of Gently Used Furniture, spoke in opposition of staff recommendation to uphold the Planning Commission recommendation to deny the business owner representatives' proposed amendments to the Ordinance Regulating Temporary Signs. R:~enda\O71294 6 Bruce Sparks, 39920 Stacy Court, Murrieta, spoke in favor of the proposed compromise ordinance. Councilmember Parks stated he would be in favor of the compromise ordinance instead of going back to the original ordinance. Mayor Pro Tem Stone proposed the following changes to the ordinance proposed by Local Business Representatives: Under the category of Promotional: Attached: Maximum No. of Signs per business Maximum Width Number of Sign Events Allowed Maximum Duration Separation Time Between Events Add wording - "up to" 100 sq. ft. 60% of building face or store frontage 4 per year - 30 days Add wording (60 days in 4th quarter) Delete requirement. Detached: Maximum Height of Sign 3 feet Under the category of Grand Opening: Attached: Maximum Surface Area Maximum Width of Sign Maximum Duration Up to 60 square feet per sign/proportional to available frontage 60% of building face or store frontage, whichever is smaller 120 days from day of store opening Under the category of Interim: Attached: Maximum Surface Area Maximum Width of Sign Maximum Duration Size of permanent sign 60 % of building face or store frontage, whichever is smaller Up to 90 consecutive days with one 30 day extension Under the category of Special Event: Attached: R:~enda\071294 8 Maximum width of Sign 60% of the building face or store frontage, whichever is smaller In additional he proposed not more than 75% of window surface be painted for a duration of not more than 90 days. For ease of enforcement, Mayor Pro Tern Stone suggested the use of colored permit stickers to represent Winter, Spring, Summer and Fall with the wording: Temporary Sign Permit, Issued , Expiration , City of Temecula. He suggested a moratorium on enforcement in full during the month of December. Councilmember Parks stated he prefers not to have a moratorium built into the ordinance. Councilmember Birdsall concurred. RFCFSS Mayor Roberts called a brief recess at 8:05 PM to change the tape. The meeting was reconvened at 8:06 PM. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to direct staff to prepare an amended ordinance, incorporating the changes as directed including the implementation of a sticker program, to be presented for first reading at the next meeting. The motion was unanimously carried. RFCFSS Mayor Roberts called a recess at 8:16 PM. The meeting was reconvened following the previously scheduled CSD and RDA Meetings at 8:40 PM. 17. Reconsideration of Council Action on Variance No. 10/ADl~eal No. ?5 Creekside Texaco Sign Director of Planning Gary Thornhill presented the staff report. Councilmember Mu~oz asked what precedence is being set by reconsidering a Council Action. City Attorney Thorson reported the City Council has not adopted Roberts Rules of Order or another rules and procedure policy. He stated since the City has a policy allowing City Councilmembers to place items on the agenda, this item is appropriate. Councilmember Parks asked what options are available. Director of Planning Thornhill advised the Council if they wished to reconsider the variance, this would need to be scheduled for a public hearing. Evelyn Harker, 31130-85 S. General Kearny Road, deferred her comments to the time of the public hearing. R:~A~enda\071294 7 18. Bruce Sparks, deferred his comments to the time of the public hearing. Mayor Pro Tem Stone stated he has watched the video and feels there was some confusion as to Council action at the time of the variance. He stated he feels the City Attorney did not add language regarding method of extension of the variance, as directed by the Council. Councilmember Mu~oz voiced his objection to reconsidering the variance, stating a contract was signed and he believes it should be enforced. Mayor Pro Tern Stone asked how many complaints regarding the sign have been received. Planning Director Thornhill reported no complaints have been received. Mayor Pro Tem Stone asked the City Attorney what the process regarding enforcement is for the period awaiting the public hearing. City Attorney Thorson responded that enforcement could be suspended for this time period. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to approve scheduling a Public Hearing to consider extension of the variance and directed staff to suspend enforcement of the reduction in sign height pending the outcome of the Public Hearing. The motion carried as follows: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts COUNCILMEMBERS: Mu~oz COUNCILMEMBERS: None Adoi;)tion of Urgency Ordinance Regulating the Undertaking of Construction Activity Building Official Tony Elmo presented the staff report. Councilmember Parks asked how many complaints regarding construction have been received. Mr. Elmo reported he has received four complaints within the past 45 days. Councilmember Parks suggested an exception for the weekend carpenter or homeowners working on patio covers are other home improvements which would allow them to work on Sundays. Councilmember Parks objected to the adoption of an urgency ordinance, stating he did not see the need for restricting construction working hours at this time. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Stone to approve staff recommendation with instruction that the issue of allowing home construction projects on Sundays be added to the language in the ordinance. 18.1 Read by title only and adopt an urgency ordinance entitled: R:~enda\071294 8 ORDINANCE NO. 94-21 AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA MODIFYING SECTION G (1) OF RIVERSIDE COUNTY ORDINANCE NO. 457.73 ADOPTED BY REFERENCE BY THE CITY OF TEMECULA IN ORDINANCE NO. 90-04, TO CHANGE THE HOURS AND DAYS DURING WHICH CONSTRUCTION ACTIVITY IS ALLOWED The motion was carried by the following vote: AYES: 4 NOES: 1 ABSENT: 0 RFCFSS COUNCILMEMBERS: Birdsall, Mu~oz, Stone, Roberts COUNCILMEMBERS: Parks COUNCILMEMBERS: None Mayor Roberts called a brief recess at 9:22 PM to change the tape. at 9:23 PM. 19. 20. The meeting was reconvened Amendment of Water Ffficient I andscalve Design Ordinance Director of Planning Gary Thornhill presented the staff report and noted a minor correction was made on Exhibit A3. It was moved by Mayor Pro Tern Stone, seconded by Councilmember Birdsall to approve staff recommendation as follows: 19.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 94-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING CHAPTER 17.12 TO THE TEMECULA MUNICIPAL CODE ESTABLISHING STANDARDS FOR WATER EFFICIENT LANDSCAPING The motion was unanimously carried. Iml~lementation of the Main Street Program Mayor Pro Tem Stone stepped down due to a conflict of interest. Councilmember Mu~oz informed the Council that work performed for a member of the OTTMA did not exceed the $250.00 annual cut-off mark, and therefore he did not have a conflict of interest. Director of Planning Gary Thornhill presented the staff report. R:~,genda~071294 9 John Sterling, 40491 Paseo Del Cielo, representing the Temecula Town Association, stated the Town Association no longer has an desire to be a part of the Main Street program and wished the Old Town Temecula Merchants Association the best of luck. Evelyn Harker, 31130-85 S. General Kearny Road, spoke in support of the Old Town Temecula Merchants Association running this program and requested that they work with the City to facilitate reaching their goals. Theresa McLeod, 42200 Main Street, No. F128, stated many merchants in Old Town do not belong to the Old Town Temecula Merchants Association, and asked how they could become involved in the Main Street Program. Robert Lord, 28690 Front Street, representing the Old Town Temecula Merchants Association, stated the OTTMA did not have a problem with the Town Association participating in this program, only with regard to their constituting a majority of the board. Councilmember Birdsall stated she feels the Council should be involved in appointing members to the board, reviewing by-laws and budget criteria. She stated that presently husbands and wives are both allowed to serve on the board. Councilmember Mu~oz stated he supports reviewing the by-laws and is in support of a single representative per business on the board, however he is not in support of the Council appointing the members. Mayor Roberts stated he feels the City should help in the selection of the Executive Director, however after the program is started, the OTTMA should control their own destiny. Councilmember Parks stated he is in support of Option No. 2, where the City and merchants work cooperatively to operate the Main Street Program. He agreed that the City needs to assist the OTTMA in selecting an Executive Director, as well as reviewing by-laws and a budget. Councilmember Birdsall expressed concern that an existing organization board is being converted to the Main Street Program board because only approximately 10% of Old Town Merchants belong to the OTTMA. She also asked about the legality of the articles of incorporation of the Main Street Association if an existing board is used. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to direct staff to develop specific recommendations for Council action based on Option No. 2 contained in the staff report and to begin preparing the necessary job descriptions for recruitment of the Executive Director position. Further it was directed that the City Attorney advise the City Council regarding the legality of the articles of incorporation of the Main Street Association. The motion was unanimously carried with Mayor Pro Tern Stone abstaining. RFCFSS R:~Agenda\071294 10 Mayor Roberts called a recess at 10:23 PM to change the tape. The meeting was reconvened at 10:25 PM. Councilmember Mu~oz stepped down from the dias without explanation. It was moved by Mayor Pro Tern Stone, seconded by Councilmember Birdsall to approve staff recommendation on Items 21 and 22 as follows: 21. Al~l~roval of Memorandum of Understanding (MOU) Between City and General Fml~loyees 22. 21.1 Approve a Memorandum of Understanding between the City and General Employees represented by California Teamsters Public, Professional and Medical Employees Union Local 911. ADleroval of Memorandum of Understanding (MOU) Between City and Professional/ Confidential Eml;)loyees RECOMMENDATION: 22.1 Approve a Memorandum of Understanding between the City and Professional/ Confidential employees represented by California Teamster Public, Professional and Medical Employees Union Local 911. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Mu~oz 23. AdoDtion of Alcohol and Drug Policy and Discil;)line Policy Human Resources Administrator Grant Yates presented the staff report. It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to approve staff recommendation as follows: 23,1 Adopt policies to address Alcohol and Drugs in the Workplace and Discipline. The motion carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Birdsall, Parks, Stone, Roberts COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz R:~N~enda\071294 11 CITY MANARFR'S RFPORT None given. CITY ATTORN!=Y'S RFPORT None given. ADJOURNMFNT It was moved by Mayor Pro Tem Stone, seconded by Councilmember Birdsall to adjourn at 10:30 PM to a meeting on July 19, 1994, CIP Workshop, 6:00 PM, City Hall Main Conference Room, 43174 Business Park Drive, Temecula, California. Councilmember Mu~oz absent. ATTEST: J n~~reek, City Clerk [SEAL] The motion was unanimously carried by Ron Roberts, Mayor R:~gendm\071294 12