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HomeMy WebLinkAbout011492 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 14,1992 A regular meeting of the Temecula City Council was called to order at 5:38 PM in the Main Conference Room, Temecula City Hall, 43174 Business Park Drive, Temecula, California. Mayor Patricia H. Birdsall presiding. PRESENT 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall ABSENT: I COUNCILMEMBERS: Parks Also present were City Manager David F. Dixon, Assistant City Manager Mark Ochenduszko, City Attorney Scott F. Field, and City Clerk June S. Greek. FXECUTIVF Sr:SSION Mayor Birdsall declared a recess to an executive session pursuant to Government Code Section 54956.9(a) Polte v. City of Temecula, (b) and (c) regarding Potential Litigation at 5:34 PM. The meeting was reconvened in the Temecula Community Center, 28816 Pujol Street, Temecula California, in regular session at 7:08 PM by Mayor Birdsall. INVOCATION The invocation was given by Reverend Joan Rich Egan, Church of Religious Science. PLFDC, F OF ALl !=C, IANCF Jr. Girl Scout Troop No. 785, Kathie Miller Leader, made a presentation to the City Council and led the audience in the pledge of allegiance. Mayor Birdsall announced that the scheduled proclamation would be postponed until the meeting of January 28, 1992. PUBLIC FORUM Barbara Pearson, 30150 Via Monterey, representing the Town Association, welcomed the City Council back to the newly rebuilt Community Center and presented the Mayor Birdsall with a pair of overalls, with "Mayor Patricia H. Birdsall" embroidered on the front. David Michael, 30300 Churchill Court, President of the Village Association representing the Board, read a statement regarding the problem of sedimentation from the Palomar Village Shopping Center and its affect on the Villages property and Long Valley Wash. He requested that the City take whatever action is appropriate to assist the Villages in securing reimbursement of $43,000 in expenses for cleaning up the run-off damage and in further #inures\l\14\92 -1- 11/07/96 City Council Minutes January 14. 1992 requiring the owners of the shopping center, Bedford Properties, to remove the dirt and silt which has accumulated in the basins under their property. Mayor Pro Tem Lindemans requested staff place this matter on the agenda of January 28, 1992. CONS!=NT CA! !::NDAR Councilmember Mu~oz asked questions on the following Consent Calendar Items: 6. Contract Agreement for Street Address Numbering Councilmember Mu~oz asked if this is an attempt to put addresses on all property in the City. Mark Ochenduszko, Assistant City Manager, explained this is to standardize the numbering system within the City. Solicitation of Public Bids for the Construction of Sidewalks at Rancho Elementary School. Vail Flementary School and Temecula Elementary School along with Street Iml~rovements on Margarita and Moraga Road adjacent to Temecula Elementary School Councilmember Mu~oz asked why these improvements were not done at the time the schools were built. Planning Director Gary Thornhill explained that the County did not condition these sites for these improvements at the time of build-out. 10. Selection of Financial Advisor to Fvaluate Bond Cai~acity Councilmember Mu~oz asked for a brief explanation of the services a Financial Advisor would provide the City. Mary Jane Henry stated two studies will take place, one for CSD and one for RDA. She explained the financial advisor will study the capacity of those two entities to bond. City Manager Dixon explained that underwriters as well as rating agencies, require a report issued by an "expert" on Bond Capacity, certifying to the capacity of the entity to bond. He explained this is a requirement of all underwriters. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to approve Consent Calendar Items 1-10. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks #inures\l\14\92 -2- 11/07/96 City Council Minutes 1. o January 14. 1997 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approve the minutes of December 10, 1991 as mailed. Approve the minutes of December 17, 1991 as mailed. Standard Ordinance Adol~tion Procedure 1.1 Minutes 2.1 2.2 Resolution Al;;)l~roving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Rel~ort for Period Fnding November 30. 1991 4.1 Receive and file report. Coml~letion and Accel;)tance of Signal Construction at Towne Center and Rancho California Road: City Project No. PW 91-07 5.1 Accept the traffic signal at the intersection of the Towne Center Driveway and Rancho California Road as complete and direct the City Clerk to file the Notice of Completion; 5.2 Release the Performance Bond and accept a one-year maintenance bond; 5.3 Authorize the release of the construction retention 35 days after the filing of the Notice of Completion and upon the filing of an adequate warranty; 5.4 Authorize the release of the Material and Labor seven months after the filing of the Notice of Completion if no liens have been filed. Contract Agreement for Street Address Numbering 6.1 Approve a contract agreement with Mr. Franklin Stuart to provide address numbering services on an as-needed basis. #inures\l\14\92 -3- 11/07/96 City Council Minutes January 14. 1997 7. Acceptance of Public Improvements in Tract No. ~ 1340-3 7.1 Accept the Public Improvements in Tract No. 21340-3, authorize the reduction of street, sewer and water bonds, accept the maintenance bond in the reduced amount, approve the subdivision agreement rider and direct the City Clerk to so advise the Clerk of the Board of Supervisors. Solicitation of Public Bids for the Construction of Sidewalks at Rancho Flementary School. Vail Flementary School and Temecula Elementary School along with Street Improvements on Margarita and Moraga Road adjacent to Temecula Flementary School 8.1 Authorize the Department of Public Works to solicit public bids for the construction of sidewalks at Rancho Elementary School, Vail Elementary School and Temecula Elementary School, along with the construction of ultimate street improvements on Margarita and Moraga Road adjacent to Temecula Elementary School. 9. Award of Bid to Remove Sediment in Fmpire Creek from I-15 to Murrieta Creek 9.1 Award a bid for removal of sediment and restoration of Empire Creek Channel to Lewis Valley Contractors for the sum of $58,643.00. 10. Selection of Financial Advisor to Evaluate Bond Capacity 10.1 Approve the $4,500 advance to the Redevelopment Agency for a bond capacity study. PUBLIC H;ARINGS 11. Change of 7one 19 - Expansion of Old Town Historic Area Boundaries Gary Thornhill, Director of Planning presented the staff report, outlining the proposed Expansion of Old Town Historic Area Boundaries. He reported that 12 letters of protest have been received and two letters in agreement. He reported over 800 notices were mailed out on this project. Councilmember Mu~oz asked if those originally opposed to the Redevelopment Agency had been contacted. Mr. Thornhill explained this does not affect the RDA and those people have not been contacted. Councilmember Mu~oz asked for an explanation on the rationale for the expansion. Planning Director Thornhill explained the intent of this expansion is to provide an entry statement for the Old Town Area, by creating a transitional type zoning. Mayor Birdsall opened the public hearing at 7:40 PM. Minutes\1\14\9Z -4- 11/07/~6 City Council Minutes January 14. 1992 Keith McCann, 43121 Margarita, addressed the City Council objecting to the expansion. He explained the area on Front Street from Santiago to Hwy. 79 is cluttered with mixed uses and this expansion would further complicate the problem. He stated his concern that expansion of this area would make development of property too costly. Nancy Hughes, 43300 spoke in opposition to the area south of Santiago being included. She asked that the public hearing be continued to give property owners the opportunity to further voice their opinion. R. A. Normandin, 28801 Pujol Street, stated he owns 27 parcels on Pujol Street. He said his property will not fit in Old Town Development Plan, and stated he is opposed to this expansion. Nell Cleveland, 28465 Front Street,//321, owner of the Western Lumber Building at the corner of Front Street and Santiago. He stated he is confused as to what involvement property owners would have by being included in the historical district and asked how this will affect property in the future. He requested a continuance for further clarification. Bruce Stein, 28250-28322 Front Street, spoke in opposition to the expansion. He also expressed concern for future requirements which might be imposed on property owners. Mayor Birdsall read a letter of opposition to the expansion from Hayat Haddat. Nancy Hughes questioned if the 50% of letters in opposition, necessary to prevent the expansion, includes the existing Old Town Area. City Attorney Scott Field stated it must be 50% of the affected area being proposed for expansion of the zone. He suggested closing the public hearing and continuing consideration of the expansion. Councilmember Mu~oz stated he would like to have the public hearing continued. Mayor Pro Tem Lindemans asked staff to prepare a report explaining the possible impacts to property owners of this expansion. He further stated he is in favor of cutting off everything south of Santiago from the proposed expansion area, and agreed that too large of an area would take away from a quaint Old Town area. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Lindemans to continue the public hearing to February 11, 1992. #inutes\1\14\92 -5- 11/07/96 City Council Minutes January 14. 1997 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks R;C;SS Mayor Birdsall called a recess at 8:00 PM. The meeting was reconvened following the Community Services Meeting at 8:38 PM. Mayor Birdsall stated Public Hearing Items 12 and 13 would be heard concurrently. 12. Vesting Tentative Tract MaD No. ?3373. Buie CorDoration. Margarita Village Sl~ecific 13. Vesting Tentative Tract MaD No. ?3373. Buie Corl~oration. Margarita Village Si~ecific Gary Thornhill presented the staff report on Items 12 and 13. (He distributed copies of conditions dealing with age requirements.) Mayor Birdsall opened the public hearing at 8:40 PM. Richard Schulman, 600 "B" Street, Suite 1100, San Diego, representing Margarita Village Development Company, spoke in favor of granting the first extension of time for both projects. Mr. Schulman stated he is opposed to the imposition of any additional fees not contained in the Development Agreement. Councilmember Mu~oz asked if the applicant is willing to accept the Quimby Fees Condition as a part of the extension. Mr. Schulman stated the applicant's primary interest is approval of the first extension of time. Ralph Brownell, 41487 Zinfandel Avenue, spoke in opposition to the development due to high density proposed for the project. Thomas Bentley, 41473 Zinfandel Avenue, spoke in opposition to the extension of time for both tracts. Robert Becker, 41559 Chenin Blanc Street, spoke in opposition to the extension of time based on the high density proposed. nutes\l\16\92 -6- 11/07/96 City Council Minutes January 14. 1997 David Michael, 30300 Churchill Court, representing Villages Homeowners Association, spoke in opposition to the extension of time based on the sedimentation problems created by the project. Mayor Birdsall closed the public hearing at 8:59 PM. Mayor Birdsall asked if the density of this project has changed. Director of Planning Gary Thornhill, stated the City has not changed the density which was approved by the County of Riverside in 1988. Mayor Pro Tern Lindemans stated he is in possession of a title report that states the project intends to develop a Senior Citizens Planned Community. He also stated that the project is currently in bankruptcy. Richard Schulman stated that the only issue before the City Council is the extension of time. He also stated that Buie Corporation is planning to reorganize and that the bond issue has not failed. He advised that he has not heard of any inability on the part of the developer to properly maintain the site. Director of Public Works Tim Serlet stated that the Public Works Department has secured installation of erosion control at this site and they are satisfied, at this time, that the erosion control is adequate. Councilmember Mu~oz questioned when the most recent approval for density of the project was given and questioned the height of the buildings. Mayor Birdsall called a brief recess at 9:13 PM to change the tape. The meeting was reconvened at 9:14 PM. Director of Planning Gary Thornhill stated the 1988 approval by the County of Riverside established the existing density. Richard Schulman, stated the height of the buildings will be two to three stories. It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Mu~oz to continue Items 12 and 13 to the meeting of January 28, 1992, and direct staff to ascertain if a health and safety issue exists as a result of the run-off from the property to neighboring sites. Mr. Schulman opposed the continuance stating the property applying for the two extensions of time has not been graded. #inutes\1\14\92 -7- 11/07/~6 City Council Minutes January 14, 1997 14. The motion was carried by the following vote: AYES: 4 NOES: 0 ABSENT: 1 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall COUNCILMEMBERS: None COUNCILMEMBERS: Parks Change of 7one 5631 - Tentative MaD No. ?53?0 - Bedford Prol~erties Mayor Birdsall opened the public hearing at 9:20 PM. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Lindemans to continue the Public Hearing to the meeting of January 28, 1992. The motion was unanimously carried with Councilmember Parks absent. COUNCIl BUSINI:SS 15. 16. Conversion of City Vehicles to Alternative Fuel Sources Assistant City Manager Mark Ochenduszko stated that staff recommends this item be continued to the meeting of January 28, 1992 since they have received additional information, regarding mounting of fuel tanks, which needs to be analyzed. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to continue this item to the meeting of January 28, 1992. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks Council and Committee Al~oointments to General Plan Technical Subcommittee Director of Planning Gary Thornhill reported that staff has not received nominations from two Councilmembers and therefore suggests continuing this item to the meeting of January 28, 1992. Mr. Thornhill asked for direction regarding suggested Council assignments to these committees. Mayor Birdsall asked if Councilmember Moore would be interested in switching committee assignments. Councilmember Moore stated that since she has been involved Hinutes\l\l~\g2 -8- 11/07/~6 City Council Minutes January 14. 1997 with the League of California Cities on Growth Management, she would favor changing committees. Councilmembers Lindemans and Mu~oz stated they were in agreement with assignments as listed. It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Lindemans to continue committee appointments to the meeting of January 28, 1992 as approve Council assignments as follows: Land Use - Councilmember Parks Traffic/Circulation - Councilmember Mu~oz Community Design - Mayor Birdsall Economic Development - Mayor Pro Tem Lindemans Growth Management - Councilmember Moore The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Parks Councilmember Moore requested that the deadlines set by the Council be met by all members. 17. Adol~tion of a Mitigated Negative Declaration for the Construction of Overland Drive between Ynez Road and Jefferson Avenue: EA-6 It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to approve staff recommendation as follows: 17.1 Adopt a Mitigated Negative Declaration for Environmental Assessment Number 6, the proposed construction of Overland Drive between Ynez Road and Jefferson Avenue. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Lindemans, Moore, Mu~oz, Birdsall NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Parks #inutes\1\14\92 -9- 11/07/96 City Council Minutes January 14. 1992 CITY MANAC, FR'S RFPORT City Manager Dixon requested direction as to the meeting on February 4, 1992 with County Flood Control. Council directed that the special meeting to be held on February 4, 1992, be held at 7:00 PM in the Community Center at 7:00 PM and that the meeting is to be televised. CITY ATTORNIFY R!=PORT None given. CITY COUNCI! R!=PORTS Mayor Birdsall stated she will be attending a League of California Cities Meeting in Redlands and in regards to a proposed dues increase of approximately $100 she will be voting yes on behalf of the City. She also thanked the Town Association for making a special effort to have the Temecula Community Center finished in time for the first meeting of the new year. She also announced the Temecula Police Department will be donating their time and labor to renovate the exterior of the Caboose for the Town Association. ADJOURNM;NT It was moved by Mayor Pro Tem Lindemans, seconded by Councilmember Moore to adjourn at 9:34 PM to the meeting of January 28, 1992, 5:00 PM at the Temecula Community Center, 28816 Pujol Street. H. 'Birdsall, Mayor ATTEST: [SEAL] #inutes\1\14\9Z -10- 11/07/96