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HomeMy WebLinkAbout040693 CC Minutes MINUTES OF AN ADJOURNED MEETING OF THE TEMECULA CITY COUNCIL HELD APRIL 6, 1993 An adjourned meeting of the Temecula City Council was called to order at 7:06 PM at the Vail Elementary School, 2991 5 Mira Loma Drive, Temecula, California. Mayor J. Sal Mufioz presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Parks, Roberts, Stone, Mufloz ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Attorney John E. Cavanaugh, and City Clerk June S. Greek. INVOCATION The invocation was given by Connie Thompson. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Councilmember Birdsall. PUBLIC COMMENTS Connie Thompson, 40925 Alton Court, spoke regarding a problem the residents of the Mirada Homes Tract are having with construction defects in their homes. Dale Wooding, 40979 Alton Court, addressed the Council regarding the problems with water leaks in his home at the Mirada tract, built by Morrison Homes. He requested that the City withhold the final inspections or occupancy on the final units of this development until the residents problems are corrected. Beryl Wooding, 40979 Alton Court, further outlined the problems her family has had with getting proper repairs made by Morrison Homes. Assistant City Attorney John Cavanaugh advised that the City does not have any obvious recourse in this matter unless building code violations exist. He stated that in the event there are code violations, the present owners of the property are considered to be in violation. Mayor MuFloz asked if the City Attorney can explore options that may be available to the City in this matter. The City Council by consensus directed the City Attorney to look into any remedies available to the City of Temecula. Minutes 4\06\93 -1- 11/01/95 City Council Minutes April 6, 1 993 COUNCIL BUSINESS I Consideration of Allocation of Funds for Temecula Valley Film Commission Mayor Muiioz explained his reasons for placing this matter on the Council agenda and asked the following individuals to address the Council. Chris Williams, whose business address is 41 689 Enterprise Circle North, spoke in favor of the City allocating funds for preparation of a production guide to be used by the Temecula Valley Film Commission. Marcy DiMase, 30425 Del Rey Road, requested favorable consideration of funding of the Temecula Valley Film Commission's production guide and she outlined and displayed examples of the various styles of production guides currently being utilized in other areas. Other speakers in favor of the City funding the production guide were: Joan Tussing, 281 65 Front Street, Temecula Bonnie Reed, 42050 Main Street, Temecula William Harker, 311 30-85 So. General Kearny Road, Temecula John Hunneman, 27645 Jefferson Avenue, Suite 104A, Temecula. City Manager Dixon said that while staff supports the promotional program of the film commission he is concerned regarding the exclusion of businesses who do not choose to pay for an ad or listing in the production guide. He outlined the funds remaining in the City's promotional budget for FY 92-93. Councilmember Birdsall asked if a method could be developed to assure that all business within the City who would wish to be included in the production guide might be listed without having to pay for that listing. She stated that use of public funds to produce this guide may not be appropriate if businesses can be excluded based on an inability or unwillingness to pay for having their services listed. It was moved by Mayor Pro Tem Roberts, seconded by Councilmember Stone to approve an allocation of $1 2,000 to the Temecula Valley Film Commission for the preparation of a Production Guide to be funded from the City's Promotional Program. The motion was unanimously carried. RECESS Mayor Muiioz declared a recess at 8:20 PM. The meeting was reconvened at 8:30 PM with all members present. Minutes 4\06\93 -2- 11/01/95 City Council Minutes April 6, 1993 2.Murrieta Creek Flood Control Proiect; Section 404(b)l Alternative Analysis Councilmember Parks stated that the comment and review period for the 404 permit by the Army Corps of Engineers will be concluded on April 10, 1993. He stated that because of the impending close of the period to provide comments, he would recommend that the Council establish a position regarding the need to proceed with issuance of this permit. Kathleen Hamilton, 42626 De Luz Road, representing URGE, the Union for River Greenbelt Environment, stated that URGE does not wish to hold up issuance of the 404 permit but that they do favor recreational uses of the Murrieta Creek that also support flood control. In response to a question from Councilmember Parks she said the URGE plan (preliminary draft) has not been reviewed by the Riverside County Flood Control District. Pat Keller, 39201 Salinas Drive, Murrieta, representing URGE spoke in favor of the City Council looking at the URGE plan before any action is taken to endorse the County Flood Control District program. Larry Markham, 41 750 Winchester Road, Suite N, encouraged the City Council to move forward with the plan developed by the Riverside County Flood Control District. He stated that he represents a coalition of businesses, located within the flood control area, who have suffered over $1 00,000 in damages as a result of the recent flooding. Councilmember Stone asked if delaying a decision on endorsing a plan at this meeting will jeopardize anything. Mr. Markham responded that an endorsement from the City Council at this time will assist the permit approval to be granted in a timely fashion. Frank Spencer, 28 690 Front Street, spoke in opposition to delaying the implementation of the County Flood Control plan. Bonnie Reed, 42050 Main Street, spoke regarding the need to provide flood control and protection to the residents and merchants of Old Town Temecula at this time. John Moromarco, P.O. Box 906, spoke in favor of expediting a flood control solution in the Murrieta Creek based on the history of flooding that has taken place during the past 20 years. RECESS A brief recess was declared by the Mayor to allow a change of tape at 9:1 8 PM. The meeting was reconvened at 9:19 PM. Minutes 4\06\93 -3- 11/01/95 City Council Minutes April 6, 1993 It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve the County Plan in concept and request that the Riverside County Flood Control District be directed to look at the URGE proposal during the review period prior to the Corps of Engineers hearing. Councilmember Stone suggested an amendment to the motion to state that the URGE plan should be reviewed first to compare its merits with the Flood Control District plan. The amendment did not receive a second. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Birdsall, Parks NOES: 3 COUNCILMEMBERS: Roberts, Stone, Mufioz ABSENT: 0 COUNCILMEMBERS: None Mayor Muiioz suggested that a presentation of the URGE proposed plan and the Riverside County Flood Control Plan be scheduled. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to instruct City staff to impartially review the URGE plan and to solicit the expertise of the Riverside County Flood Control District during this review. It was further directed that staff schedule a presentation of the URGE and Riverside County Flood Control Plans for review by the City Council at the first available date after completion of the review. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Mufioz NOES: 1 COUNCILMEMBERS: Stone ABSENT: 0 COUNCILMEMBERS: None Councilmember Stone explained that he voted "no" because he feels the Temecula City Council should have requested that the comment period on the 404 permit be extended beyond the April 10, 1 993 deadline for an additional 30 days. 3.City of Temecula General Plan, Implementation Program, Environmental Imr)act Rer)ort and Mitigation Monitoring Program Senior Planner John Meyer presented the staff report on the Housing Element of the General Plan. Minutes 4\06\93 -4- 11/01/95 City Council Minutes April 6, 1993 Councilmember Birdsall left the dias at 9:39 PM. Councilmember Parks questioned if the City meets the HUD criteria for low and moderate housing with this element. Karen Gulley, of the Planning Center, stated that their review shows that there is still a need for additional units in the low and moderate categories. Councilmember Birdsall rejoined the meeting at 9:45 PM. Randy Jackson of the Planning Center, in response to a question from Mayor Muiioz, stated that the removal of the target density in the housing element may encourage additional affordable housing. He reported that HCD believes that target density designations are not an incentive to the development of low and moderate housing. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the Housing Element to the next scheduled public hearing on the General Plan to take place April 20, 1993. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Stone to continue the public hearing to the meeting of April 20, 1993. The motion was unanimously carried. CITY MANAGER REPORTS No report was given. CITY ATTORNEY REPORTS No City Attorney's report was given at this meeting. CITY COUNCIL REPORTS There were no reports from members of the City Council. ADJOURNMENT It was moved by Councilmember Stone, seconded by Mayor Pro Tem Roberts to adjourn at 9:57 PM to the next meeting to be held on April 13, 1993, 7:00 PM at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. The motion was unanimously carried. Minutes 4\06\93 -5- 11/01/95 City Council Minutes April 6, 1993 g ,( Sal Mufioz, yor @ ATTEST: JLnUeS)Greek,CityClerk @ Minutes 4\06\93 -6- 11/01/95