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HomeMy WebLinkAbout010996 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JANUARY 9, 1996 A regular meeting of the Temecula City Council was called to order at 7:01 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Karel F. Lindemans presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Roberts, Stone, Lindemarts ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVE SESSION A meeting of the City of Temecula City Council was called to order at 6:35 PM. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Roberts to adjourn to Executive Session pursuant to Government Code §54956.8- Conference with Real Property negotiator regarding property located at 28534 Pujol Street (AP No. 922-054-003) and at 28545 Pujol Street (AP No. 922-054-005): Negotiating Parties - Linden W. Peterson, John Freeman, Elizabeth Otto and the City of Temecula: Under negotiation: Instruction to negotiator concerning price and terms of sale. The motion was unanimously carried. INVOCATION The invocation was given by Pastor Mike Schoeplein, Manna Christian Fellowship of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the flag salute by Mayor Pro Tem Birdsall. PRESENTATIONS/ PROCLAMATIONS Mayor Stone presented a gavel to incoming Mayor Karel Lindemans. Mayor Lindemans thanked former Mayor Stone and the Council for their confidence in choosing him to serve as Mayor for the year 1996. Officer Mike Pino of the Temecula Police Department explained the Bicycle Safety Program and announced winners of the Bicycle Safety Contest. Mayor Lindemarts, with the assistance of Councilmembers Roberts and Stone presented awards of Bicycles for first place, Helmets for second place and $50 savings bonds for third. He thanked sponsors of the event, Target, ACS, Toyota and Honda of Temecula. Minutes\ 1 \09\96 - 1 - 01/24/96 City Council Minutes January 9, 1996 The winners are as follows: 4th Grade Boys First Place Second Place Third Place 4th Grade Girls First Place Second Place Third Place 5th Grade Boys First Place Second Place Third Place 5th Grade Girls First Place Second Place Third Place Lance Ideker Mathew Mohammad Chris Reaves Jessica Tumlinson Alexandra Rajcova Melissa Cagle Kevin Mason Thomas Burke lan Etherington Lauren Giangrande Rachel Campos Diana Roberts Rancho Elementary Redhawk Elementary Rancho Elementary Sparkman Elementary Sparkman Elementary Rancho Elementary Sparkman Elementary Rancho Elementary Rancho Elementary Redhawk Elementary Rancho Elementary Rancho Elementary CLOSED SESSION REPORT City Attorney Thorson announced under the provisions of the Brown Act, there is nothing to report regarding the discussions held during the closed session. PUBLIC COMMENTS Phil Hoxey, 43318 Cielo De Azul, addressed the two Community Facilities Districts, the $5.9 million dollars for infrastructure and the ticket tax or user charge. Mayor Lindemans asked if Mr. Hoxey's concerns had been addressed in writing. City Manager Bradley presented Mr. Hoxey with written responses to his questions regarding these items. Ken Bruckman, 42244 Cosmic Drive, representing Starlight Ridge Homeowners Association, asked that the Council reconsider the recently adopted policy regarding street modifications. He objected to the provision requiring 75% of all homeowners in an affected area to sign a written petition prior to any street modifications. He informed the Council that a dangerous traffic situation exists in the Starlight Ridge area and children are being placed at risk. Minutes\l \09\96 -2- 01/24/96 City Council Minutes January 9, 1996 Councilmember Stone requested that traffic problems on Starlight Ridge be agendized. Council consensus was obtained. Cynthia Arocha, 44535 Bedford Court, requested that a signal be placed at Bedford Court and 79 S. She distributed a packet to the Council regarding this subject which contained signed petitions requesting this signalization, and a warrant prepared by Caltrans. Councilmember Stone asked that staff communicate with the land owner to see if he is willing to make a contribution towards this signal. Council consensus was given to start the process of traffic signalization through the Public/Traffic Safety Commission. Nelson Betancourt, 40835 Calle Medusa, stated that traffic problems still exist on Calle Medusa and asked that the traffic policy be rescinded. He also expressed his objections to statements Councilmember Birdsall based on comments made regarding Calle Medusa at a previous meeting. Robert Lord, 30120 Pechanga Drive, addressed the Council regarding the Old Town Specific Plan, stating the plan calls for infrastructure improvements to be made by developers as the area is upgraded. He said that no plan will develop unless someone comes along to make it happen and that Mr. Buffman and The Old Town Entertainment Project will make it happen a lot sooner. CITY COUNCIL REPORTS Councilmember Stone stated he met with residents of Chardonney Hills, who are concerned with cut-through traffic. He asked that staff do traffic surveys in this area to get an idea of the problems that exist. He also asked that the City's speed monitoring devise be placed in this area to give residents an idea of their speed and requested the police department increase surveillance in this area. Councilmember Stone requested staff input on 65 mph speed zones which are un-posted. He also stated that the Council has been aware of problems on Calle Medusa and has approved a bypass road funded with Measure A Funds to provide an alternative route. Mayor Lindemans called attention to the City Hotline at 694-6445. He stated comments received are typed and distributed to the Council. CONSENT CALENDAR Councilmember Stone announced he would abstain on Item No. 6. It was moved by Councilmember Roberts, seconded by Mayor Pro Tem Birdsall to approve Consent Calendar Items 1-9, with Councilmember Stone abstaining on Item No. 6. The motion was unanimously carried. Minutes\l\09\96 -3- 01/24/96 City Council Minutes January 9, 1996 Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Approval of Minutes 2.1 Approve the minutes of December 12, 1995. 2.2 Approve the minutes of December 19, 1995. Resolution Approving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 96-01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4. City Treasurer's Report as of November 30, 1995 4.1 Receive and file the City Treasurer's Report as of November 30, 1995. o Acceptance of Drainage Easements and Quitclaim to Riverside County Flood Control and Water Conservation District (Various Locations) 5.1 Adopt a resolution entitled: RESOLUTION NO. 96-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN OFFERS OF EASEMENTS AND LOTS FOR DRAINAGE AND RELATED PURPOSES MADE TO THE COUNTY OF RIVERSIDE AND THE CITY OF TEMECULA, AND AUTHORIZING QUITCLAIM OF SAID EASEMENTS AND LOTS TO THE RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT. (VARIOUS LOCATIONS) Minutes\ 1 \09\96 -4- 01/24/96 City Council Minutes Januarv 9, 1996 Conveyance of City-owned property at 41953 Main Street (APN #922-034-029-1) 6.1 Approve the conveyance of City-owned property located at 41953 Main Street, (Main Street Property) to the Redevelopment Agency. AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone o Approval - Destruction of Records 7.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy Purchase of Vehicle for Planning Department 8.1 Approve the purchase of a 1996 Chevrolet four-door vehicle sedan for the Planning Department from Paradise Chevrolet of Temecula in the amount of $14,743.20. SECOND READING OF ORDINANCES 9. Second Readinq of Ordinance No. 95-16 9.1 Adopt an ordinance entitled: ORDINANCE NO. 95-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING THE DEVELOPMENT CODE AND CONSISTENCY ZONING MAP, AND AMENDING THE ZONING MAP OF THE CITY TO BE CONSISTENT WITH THE GENERAL PLAN RECESS Mayor Lindemarts called a recess at 7:45 PM. The meeting was reconvened at 8:10 PM following the Community Services District Meeting, Redevelopment Agency Meeting, Old Town Westside Community Facilities District Financing Authority Meeting and the Old Town Westside Improvement Authority Meeting. Minutes\l \09\96 -5- 01/24/96 City Council Minutes Januarv 9, 1996 PUBLIC HEARINGS 10. Amendment No. 1 to the Old Town Specific Plan Councilmember Stone announced a conflict of interest on this item. Senior Planner John Meyer presented the staff report. Mayor Lindemarts opened the public hearing at 8:13 PM. Phil Hoxey, 43318 Cielo De Azul, spoke in opposition to the Amendment to the Old Town Specific Plan, stating he feels the plan should not be changed just to accommodate the Buffman project. Robert Lord, 30120 Pechanga Drive, spoke in favor of the Amendment to the Old Town Specific Plan, stated this first amendment is to correct errors made in the original plan. Mayor Lindemarts closed the public hearing at 8:17 PM. Councilmember Roberts stated he feels any change in the height of buildings should be discussed on a Council level. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Roberts to approve staff recommendation 10.1,10.2 and 10.3, with an amendment to Page 11, Section 8b, final approvals for any changes in building heights shall be approved by the City Council, not the Planning Commission. 10.1 Re-Adopt the previously adopted Negative Declaration for the Old Town Specific Plan; 10.2 Direct staff to prepare a Specific Plan for the area generally located south of the Old Town Specific Plan; 10.3 Adopt a resolution entitled: RESOLUTION NO. 96-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING AMENDMENT NO. 1 TO THE OLD TOWN SPECIFIC PLAN AMENDING SECTIONS Ill.D, Ill.E, Ill.F, Ill.G, IV.B, IV.C, AND APPENDIX NO. 1 Minutes\l\09\96 -6- O 1/24/96 City Council Minutes Januarv 9, 1996 The motion carried as follows: AYES: 3 COUNCILMEMBERS: Birdsall, Roberts, Lindemans NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Stone It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to approve staff recommendation 10.4, amending Page 1 1, Section 8b, final approvals for any changes in building heights shall be approved by the City Council not the Planning Commission. 10.4 Introduce an ordinance entitled: ORDINANCE NO. 96-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING AMENDMENT NO. 1 AMENDING SECTIONS Ill. D, Ill.E, III.F AND III.G TO THE OLD TOWN SPECIFIC PLAN The motion carried as follows: AYES: NOES: ABSENT: ABSTAIN: 3 COUNCILMEMBERS: Birdsall, Roberts, Lindemarts 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1 COUNCILMEMBERS: Stone COUNCIL BUSINESS 11 City Council Vacancy City Manager Bradley presented the staff report. Sam Pratt, 40470 Brixton Cove, announced TOTAL intends to proceed with an aggressive campaign to recall three of the four Councilmembers. Minutes\l\09\96 -7- 01/24/96 City Council Minutes Januarv 9, 1996 George Buhler, 40265 Paseo Sereno, asked that a special election be held to select a new Councilmember to replace Councilmember Parks. John Houston, 31482 Corte Mallorca, asked that a special election be held to select a new Councilmember. Phil Hoxey, 43318 Cielo De Azul, asked that a special election be held to select a new Councilmember. Councilmember Stone asked why an election could not be held immediately. City Attorney Peter Thorson explained that the Code only allows certain dates on which elections may be held for Councilmembers. He explained the first possible time an election can be held is November 5, 1996. City Manager Bradley outlined some of the problems with operating with only a four member Council, explaining any issue requiring a majority could be a split decisions. He further stated there would be problems if members had a conflict of interest. City Attorney Thorson also explained that by law, any decision to allocate funds requires three votes, as well as some planning issues require three affirmative votes. Councilmember Roberts stated he feels an election should be held at the next available date, however a qualified person should be appointed in the interim. Councilmember Stone stated he would like to see a special election in November to fill the unexpired term of Councilmember Parks. He stated with respect to an appointment, he feels the Council should entertain requests from the citizens interested in serving who have experience either on a City Commission or who have actually run for Council. City Clerk June Greek made a clarification that the appointed Councilmember would serve until the election is certified. It was moved by Councilmember Birdsall, seconded by Councilmember Roberts to adopt an ordinance entitled: ORDINANCE NO. 96-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA FINDING A VACANCY TO EXIST IN THE CITY COUNCIL, CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 5, 1996T0 ELECT A PERSON TO FILL THE REMAINDER OF THE TERM OF THE VACANT COUNCIL OFFICE AND PROVIDING FOR THE CITY COUNCIL TO MAKE AN APPOINTMENT TO THE VACANT OFFICE UNTIL THE COMPLETION OF THE SPECIAL ELECTION The motion was unanimously carried. Minutes\l \09\96 -8- 01/24/96 City Council Minutes Januarv 9, 1996 It was moved by Councilmember Stone, seconded by Councilmember Roberts to approve staff recommendation on the application calendar as follows: Advertise Close Application Period Applications to Council Special Meeting to Interview Candidates and Make Selection January 12-19, 1996 January 22, 1996 January 23, 1996 January 25, 1996 Second Meeting to Make Selection (if necessary) January 26, 1996 The motion was unanimously carried. City Clerk June Greek stated that display ads will be placed in the local newspapers and the special meeting will be televised. RECESS Mayor Lindemarts called a brief recess at 9:07 PM to change the tape. reconvened at 9:08 PM. The meeting was 12 Discussion of Metropolitan Water District Reservoir Naming Councilmember Stone gave a brief report requesting adoption of this resolution. It was moved by Councilmember Stone, seconded by Councilmember Roberts to adopt a resolution entitled: 12.1 Consider adoption of a resolution entitled: RESOLUTION NO. 96-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA REGARDING THE NAMING OF THE "EASTSIDE RESERVOIR" A.K.A. LAKE DOMENIGONI", ITS DAMS AND SURROUNDING FOCAL POINTS The motion was unanimously carried. Dennis Hollingsworth, 21160 Box Springs Road, Suite 102, Moreno Valley, representing Riverside County Farm Bureau, thanked the Council for their action and stated the Farm Bureau has taken a similar position. Rod Hanway, 3600 Lime Street,//221, Riverside, CA 92501, representing the Building Industry Association of Riverside County, concurred with Council decision. Minutes\l \09\96 -9- 01124/96 City Council Minutes Januarv 9, 1996 13 Provide Direction to Representative to RCHCA on K-Rat Issue Councilmember Stone reported RCHCA post-poned their decision regarding a proposed resolution dealing with the Agency's future viability. He stated there are a number of issues Council needs to hear and stated there currently is a window of opportunity to get the Federal and State Governments to take action on this issue. Borre Winckle, 31882 Paseo Sagrado, San Juan Capistrano, spoke in support of the RCHCA resolution. Scott Woodward, 3600 Lime Street, President of the Building Industry Association in Riverside, spoke in support of the basic principles of the RCHCA resolution. Rod Hanway, 3600 Lime Street, No. 221, Riverside, representing the Building Industry Association, spoke in support of the basic goals of the RCHCA resolution. John Bell, 37527 Vineyard Knoll Drive, Murrieta, concurred with previous speakers. Dennis Hollingsworth, Riverside County Farm Bureau, spoke in support of the proposed resolution. Councilmember Stone stated he feels this resolution must be addressed and asked that he be given authorization to vote what he considers to be in the best interests of both the City and Agency. He stated he feels now is the time to act to establish a deadline. Council consensus was given to support Councilmember Stone to act as he deems appropriate on this issue. CITY MANAGER's REPORT None given. CITY ATTORNEY'S REPORT None given. Minutes\ 1 \09\96 - 10- 01/24/96 City Council Minutes January 9, 1996 ADJOURNMENT It was moved by Councilmember Roberts, seconded by Councilmember Stone to adjourn at 9:55 PM to a meeting on January 23, 1996, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. The motion was unanimously carried. ATTEST: City Clerk Minutes\l\09\96 -11- 01/24/96