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HomeMy WebLinkAbout081093 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL TUESDAY, AUGUST 10, 1993 A regular meeting of the Temecula City Council was called to order on Tuesday, August 1 0, 1993, 5:45 PM, at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California, Mayor J. Sal MuPioz presiding. PRESENT: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Mufioz ABSENT: 1 COUNCILMEMBERS: Stone Also present were City Manager David F. Dixon, Assistant City Manager Harwood Edvalson, City Attorney Scott F. Field and Deputy City Clerk Susan Jones. EXECUTIVE SESSION It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Roberts to recess to an executive session pursuant to Government Code Section 54956.9 (a), (b) and (c) to discuss pending litigation at 5:57 PM. The motion was unanimously carried, with Councilmember Stone absent. The meeting was reconvened at 7:05 PM with all members present except Councilmember Stone. INVOCATION The invocation was given by Elder Greg LeBlanc, The Church of Jesus Christ of Latter Day Saints. PLEDGE OF ALLEGIANCE The audience was led in the pledge of allegiance by Councilmember Parks. PRESENTATIONSI PROCLAMATIONS None PUBLIC FORUM Audrey Hicks, Gramma Audrey's Antiques & Collectibles, 28636 Front Street, #100, Temecula, read from her letter to Mr. David Dixon and Mr. Gary Thornhill, regarding the approval of a wooden cart on Front and Main Streets in Old Town used for street vending. Ms. Hicks said that the cart is vacant more than occupied, it protrudes into the public right-of- way, and she feels that the cart will have a negative impact on the retail vendors in Old Town. She said that she feels the retail space vendors should be allowed first opportunity to place CCMIN08110/93 -1- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 a street cart in Old Town and the placement of the cart should be approved by the surrounding property owners. Ms. Hicks said that she is very concerned with the liability of the City with this cart placed in the public right-of-way and unattended. Ms. Hicks asked staff to provide her with a copy of the current ordinance and policies pertaining to street vending. Bob Lord, 301 20 Pechanga Drive, Temecula, Property Manager of Butterfield Square in Old Town, said that he was not in opposition to the carts in Old Town as part of the Old Town Specific Plan, however, he said that he feels that the placement of the carts should be discretionary and the cart owner should pay rent for the space in Old Town. Planning Director Gary Thornhill advised the Council that staff will be bring back a report on this matter on the August 24, 1 993 agenda. Robert Buelna, 31 1 21 El Torito Court, Temecula, advised the Council that his home is directly behind the tot lot at Loma Linda Park and things are being thrown over the fence into his backyard on a daily basis. Mr. Bueina said that the park continues to be over-watered and water is running into his property. Community Services Director Shawn Nelson advised the Council that he has spoken with Mr. Buelna about these problems and he will continue to work with him to try and resolve the matter. Director Nelson said that the City has not taken over maintenance of the park and he is working with the contractor on the water problems at this time. CITY COUNCIL REPORTS Mayor Pro Tem Roberts said that at a recent City Council meeting the City was presented with a commemorative poster and pin from the 1993 Temecula Balloon and Wine Festival and later at a reception for the general manager of the festival, he was presented with a check in the amount of $2,500, as the first installment on the loan from the City of Temecula to the Temecula Balloon and Wine Festival. Councilmember Parks advised that he attended the Murrieta Creek Advisory Committee meeting last month and the County Flood Control District is proposing a plan to reduce the quantity of water running through Old Town by using overflow areas, such as part of the Rancho California Water District acquisition as well as part of the park site the City has purchased off of Cherry Street. City Manager David Dixon stated that he was informed of the recommendations of the committee and he advised there may be some ramifications because taxpayer funds were used to purchase the park site. Councilmember Parks said discussions are in the preliminary stage at this time. Mayor Muiioz said that he attended an American Public Transportation conference last week, CCMINOB/10/93 -2- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 which discussed ISTEA, which allows federal highway funds to be used for public transportation. CONSENT CALENDAR Councilmember Parks registered a "NO" vote on Consent Calendar Item No. 5. it was moved by Mayor Pro Tem Roberts, seconded by Councilmember Birdsall to approve Consent Calendar Items No. 1 - 8, with Councilmember Parks voting "NO" on Item No. 5. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT- 1 COUNCILMEMBERS: Stone 1 .Standard Ordinance Adoption Procedure RECOMMENDATION- 1.1Motion 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 July 13, 1 993; 3.Resolution Ar)r)rovina List of Demands RECOMMENDATION: 3.1Adopt a resolution entitled: RESOLUTION NO. 93-67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A CCMIN08/10/93 -3- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 4.City Treasurer's Rer)ort RECOMMENDATION: 4.1 Receive and file the City Treasurer's report as of June 30, 1 993. 5.Purchase of Stenciling/Graffiti Removal Truck RECOMMENDATION: 5.1Approve the acquisition of a street stenciling truck from Roadline Products of Hutchinson, Kansas in the amount of $45,024. The motion carried with the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Mufioz NOES: 1 COUNCILMEMBERS: Parks ABSENT: 1 COUNCILMEMBERS: Stone 6.Improvement Funding Agreement with Leo Rorir)augh and the County of Riverside for the Imr)rovement of the Santa Gertrudis Creek Channel and Gradin-q of the Rorir)augh Property adiacent to the Channel RECOMMENDATION: 6.1Approve the Improvement Funding Agreement with Leo Roripaugh and the County of Riverside and authorize the Mayor to execute the Agreement on the City's behalf and the City Clerk to attest to the same. 7.Release Subdivision Monument Bond for Parcel Map No. 23335 RECOMMENDATION: 7.1Authorize the release of the Subdivision Monument Bond for Parcel Map No. 23335 and direct the City Clerk to release the bond to the surety. 8.Status Rer)ort on the U.S. Fish and Wildlife Service Listin-q of the California Gnatcatcher CCMIN08/10/93 -4- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 as a Federally Threatened Si)ecies - RECOMMENDATION: 8.1 Receive and file report. PUBLIC HEARINGS 9.Plot Plan No. 249, Amendment No. 2, Variance No. 13 - Temecula Valley Auto Mall Marciuee Mayor MuFioz advised that Council that Councilmember Stone has requested that this item be continued to allow him to participate in the discussion. Mayor Pro Tem Roberts said that Councilmember Stone's concerns were with regard to the funding mechanism and not the design portion of this item. Planning Director Gary Thornhill presented the staff report. Mayor Mufioz re-opened the public hearing at 7:45 P.M. Mayor Pro Tem Roberts asked for clarification from the Car Dealers Association regarding the maintenance of the sign. Dan Atwood, General Manager of Toyota of Temecula, representing the Temecula Car Dealers Association, said that the association has agreed to insure the sign and pay for the electricity and insurance. Gordon Dayton, 39410 Via Montera, Murrieta, representing the Temecula Valley Astronomers Club, expressed opposition to the proposed sign due to the potential for light pollution caused by a sign of this magnitude. Planning Director Gary Thornhill explained that each auto dealer is permitted to place a sign on their property which has the potential for several signs along the freeway, however the auto dealers have agreed that in lieu of individual signs they would all benefit from the proposed sign. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to CCMIN08/10/93 -5- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 approve staff recommendation as follows: Adopt a resolution entitled: RESOLUTION NO. 93-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PLOT PLAN NO. 249, AMENDMENT NO. 2 TO CONSTRUCT A SEVENTY-THREE FOOT SIGN WITH AN ELECTRONIC MESSAGE BOARD ON A PARCEL CONTAINING 5.07 ACRES LOCATED AT 26631 YNEZ ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 921-080-039 Adopt a resolution entitled: RESOLUTION NO. 93-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VARIANCE NO. 13 TO PERMIT A SEVENTY-THREE FOOT HIGH SIGN IN THE SCENIC HIGHWAY COMMERCIAL (C-P-S) ZONE LOCATED AT THE WESTERN PORTION OF 26631 YNEZ ROAD The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, MuPioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone Mayor Mufioz declared a recess at 8:00 P.M. The meeting reconvened at 8:45 P.M. 10.Murrieta Creek Drainage Plan Fees Director of Public Works Tim Seriet presented the staff report. Mayor MuFioz opened the public hearing at 8:50 P.M. There being no requests to speak the public hearing was closed at 8:50 P.M. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Ron Roberts to CCMIN08/10193 -6- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 approve staff recommendation as follows: RECOMMENDATION: Introduce an ordinance entitled: ORDINANCE NO. 93-14 AN ORDINANCE OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 90-04 REGARDING MURRIETA CREEK AREA DRAINAGE PLAN FEES FOR SUBDIVISIONS The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Muiioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone COUNCIL BUSINESS 11.Designation of Voting Deleciate for League Annual Conference City Manager David Dixon presented the staff report. It was moved by Councilmember Parks, seconded by Councilmember Birdsall to appoint Mayor J. Sal Mufioz and Mayor Pro Tem Ron Roberts as voting delegate and alternate. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Parks, Roberts, Mufioz NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Stone 1 2.Development Agreement No. 92-1 and Chancie of Zone No. 21 - Linfield City Attorney Scott Field presented the staff report. It was moved by Councilmember Birdsall, seconded by Councilmember Parks to approve staff recommendation as follows: CCMIN08/10/93 -7- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 RECOMMENDATION: 12.1Adopt a Negative Declaration for Development Agreement No. 92-1 and Change of Zone No. 21; The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: MuFloz ABSENT: 1 COUNCILMEMBERS: Stone It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendation as follows: 12.2Read by title only and introduce an ordinance entitled: ORDINANCE NO. 93-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING DEVELOPMENT AGREEMENT NO. 92-1 BETWEEN THE CITY OF TEMECULA AND THE LINFIELD SCHOOL FOR A TEN YEAR PERIOD TO ENSURE THE DEVELOPMENT OF THE PROJECT AS SENIOR HOUSING, CONGREGATE CARE FACILITY, SKILLED NURSING, PERSONAL CARE, A NINE HOLE PRIVATE GOLF COURSEAND DEDICATION OF A 2.3 NET ACRE PARCEL TO THE CITY OF TEMECULA FOR A SENIOR CENTER LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF THE TEMECULA VALLEY HIGH SCHOOL The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Muiioz ABSENT: 1 COUNCILMEMBERS: Stone It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve staff recommendation as follows: CCMIN08/10/93 -8- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 12.3Read by title only and introduce an ordinance entitled: ORDINANCE NO. 93-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY FOR THE CHANGE OF ZONE APPLICATION CONTAINED IN CHANGE OF ZONE NO. 21, CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO R-3 (GENERAL RESIDENTIAL) ON PROPERTY LOCATED NORTH OF PAUBA ROAD, SOUTH OF RANCHO VISTA ROAD AND EAST OF THE TEMECULA VALLEY HIGH SCHOOL AND KNOWN AS ASSESSOR'S PARCEL NO. 946-070-008 The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Parks, Roberts NOES: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Mufioz ABSENT: 1 COUNCILMEMBERS: Stone CITY MANAGER REPORT None CITY ATTORNEY REPORT None CITY COUNCIL REPORTS Councilmember Parks stated that SCAG has prepared a report regarding NAFTA and he offered to provide a copy of that report to any Councilmember who is interested. Councilmember Birdsall advised the Council that the INS currently is discussing the closure of Rainbow Canyon Road at the city limit to assist them in cutting down on traffic of illegal aliens through the City of Temecula. Mayor Mui)oz stated that he met with Sharon Feldner of the Border Patrol to discuss some of the issues that have been raised and she advised him that she would be available to give the Council a status report. CCMIN08/10193 -9- 08/13/93 CITY COUNCIL MINUTES AUGUST 10, 1993 ADJOURNMENT Mayor Muiioz declared the meeting adjourned at 9:00 P.M. The next meeting of the Temecula City Council will be held on August 17, 1993, 7:00 PM, a General Plan Public Hearing, at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. The next regular meeting of the Temecula City Council will be held on August 24, 1 993, 7:00 PM, at the Temecula Community Center, 2881 6 Pujol Street, Temecula, California. Mayor J. Sa @muiio.-/ ATTEST: CCMINOB/10193 -10- 06/13193