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HomeMy WebLinkAbout072391 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD JULY 23, 1991 A regular meeting of the Temecula City Council was called to order at 6:35 PM at the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks ABSENT: 1 COUNCILMEMBERS: Mu~oz Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. EXECUTIVE SESSION Mayor Parks recessed at 6:36 PM to a closed session regarding potential litigation pursuant to Government Code Section 54956.9(c). Councilmember Mu~oz joined the Executive Session at 6:38 PM. The meeting was reconvened at 7:08 PM by Mayor Parks with all members present. INVOCATION The invocation was given by Pastor Roger Sowder, Oak Springs Presbyterian Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Birdsall. PUBLIC COMMENTS R. Jane Vernon, 30268 Mersey Court, addressed the City Council regarding traffic problems adversely affecting tourism and suggested placing a traffic director on the Rancho California Bridge at peak hours on the weekends. Bill Harker, 31130 So. General Kearny Road, asked that the boundaries of the Old Town Historical District be expanded as soon as possible. John Dedovesch, 39450 Long Ridge Drive, asked the status of the Used Car Lot on Ynez Road. He also asked if citizens would be responsible if their 60 gallon trash cans were stolen. Councilmember Mu~oz requested that the matter of the used car lot on Ynez Road be placed on the next agenda. Ninutes\07\23\91 -1- City Council Minutes July ?3. 1991 Dan Atwood, 26631 Ynez Road, representing Toyota of Temecula, addressed the City Council regarding the Balloon Ordinance, asking that the time allotted for balloons to remain in place be extended to 15 days. CONSENT CALENDAR Councilmember Lindemans requested the removal of Item No. 13 from the Consent Calendar. Councilmember Moore requested the removal of Item No. 6. Councilmember Birdsall requested the removal of Items 3 and 12 from the Consent Calendar. It was moved by Councilmember Moore, seconded by Councilmember Lindemarts to approve Consent Calendar Items 1, 2, 4, 5, 7-11, 14 and 15. The motion was carried by the following vote: AYES: 5 NOES: ABSENT: COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Standard Ordinance Adoption Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 2.2 Approve the minutes of June 25, 1991 as mailed. Approve the minutes of July 2, 1991 as mailed. City Treasurer's Report 4.1 Receive and file report. Hinutes\07\23\91 -2- City Council Minutes 5. July 23. 1991 Resolution of Intention to Award Franchise to Southern California Gas Company 5.1 Adopt a resolution entitled: RESOLUTION NO. 91-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING THE CITY COUNCIL'S INTENTION TO GRANT A FRANCHISE FOR THE TRANSMISSION AND DISTRIBUTION OF GAS TO SOUTHERN CALIFORNIA GAS COMPANY 7. Release of Monument Bond Tract No. 19939-1 7.1 Authorize the release of monument bond for Tract No. 19939-1. 7.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Release of Monument Bond - Tract No. 19939-? 8.1 Authorize the release of monument bond for Tract No. 19939-2. 8.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Release of Monument Bond - Tract No. 19939-F 9.1 Authorize the release of monument bond for Tract No. 19939-F. 9.2 Direct the City Clerk to so advise the Clerk of the Board of Supervisors. 10. Acceptance of Public Improvements - Tract No. 70591 10.1 Accept the public improvements in Tract No. 20591 and authorize the reduction of street, sewer and water bonds. 10.2 Accept the subdivision warranty Instrument of Credit in the reduced amount and approve the subdivision agreement rider. 10.3 Direct the City Clerk to so notify the Clerk of the Board of Supervisors. Minutes\O?\23\91 -3- City Council Minutes 11. 14. 15. Temecula Valley Unified School District Agreement 11.1 Adopt a resolution entitled: July 23. 1991 RESOLUTION NO. 91-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ENTERING INTO AN AGREEMENT WITH THE TEMECULA VALLEY UNIFIED SCHOOL DISTRICT PROVIDING THE DISTRICT NO COST REFUSE AND RECYCLING SERVICES TO ALL DISTRICT SCHOOL BUILDINGS LOCATED WITHIN THE CITY LIMITS OF THE CITY OF TEMECULA Ordinance for Air Quality Management Plan Implementation 14.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-25 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY REGARDING MOBILE SOURCE AIR POLLUTION REDUCTION Ordinance Amending Zoning Map in Change of ?one No. 11 15.1 OF TEMECULA Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-24 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 11 CHANGING THE ZONE FROM R-R {RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) ALONG THE NORTH SIDE OF WINCHESTER ROAD BETWEEN MARGARITA ROAD AND RANCHO CALIFORNIA WATER DISTRICT WELL SITE NO. 108 3. Resolution Approving List of Demands Councilmember Birdsall asked why so many refunds for swimming lessons appear on the list. Mary Jane Henry, Finance Officer, reported that when classes are canceled, refunds are given. Councilmember Birdsall asked if payments to PERS will be made on a monthly basis in the future. Mary Jane Henry explained that documentation needed for the program was received in May and it required two months to input it into the City's system, however future payments will be made on a monthly basis. Minutes\07\23\91 -4- City Council Minutes July 23. 1991 Councilmember Birdsall suggested that the City research fleet discounts for City employees using gasoline credit cards. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to adopt a resolution entitled: RESOLUTION NO. 91-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS ND DEMANDS AS SET FORTH IN EXHIBIT A The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Approval of Allocation - Street Banner Program Councilmember Moore stated she feels this program may be inconsistent with the pending sign ordinance. Councilmember Mu~oz stated he is in opposition to this proposal because banners are not aesthically attractive in the community. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to adopt a resolution entitled: RESOLUTION NO. 91-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1990-1991 BUDGET TO APPROPRIATE $6,000 FOR STREET BANNERS The motion was carried by the following vote: AYES: 3 NOES: ABSENT: COUNCILMEMBERS: Birdsall, Lindemans, Parks 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 12. Resolution of the Traffic and Transportation Commission to Initiate a Coordinated Effort to Develop a Transportation Plan for the Communities of the Temecula/Murrieta Valley Ninutes\07\23\91 City Council Minutes July 93. 1991 13. Councilmember Birdsall asked if this will be done prior to, or concurrently with the General Plan. Tim Serlet, City Engineer, stated the purpose of this Resolution was to let the Council know the Traffic Commission would like to be involved. He explained that no action will be undertaken without first notifying the Council. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to receive and file Resolution No. TC 91-01. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Approval of Memoranda of Understanding Councilmember Lindemarts expressed concern regarding the fact that some properties covered by the Memoranda of Understanding are within City boundaries, and stated it appears that agreements are being made without going through proper channels. City Manager Dixon stated staff would bring this back in two weeks with more detailed staff reports, outlining that these agreements are not providing for any extraordinary services. Councilmember Lindemans requested a report describing the fiscal impact each of these properties would have on the City if included in the incorporated area. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to continue this item to the meeting of August 13, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, MuQoz, Parks NOES: ABSENT: PUBLIC HEARINGS 16. 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Change of 7one No. 5755 Planning Director Gary Thornhill introduced the staff report. Minutes\07\23\91 -6- City Council Minutes July ?3. 1991 Councilmember Mu~oz asked if staff recommendations are based on SWAP or if each case is researched on an individual basis. Mr. Thornhill reported that each case is considered on an individual basis, however SWAP is used as a guideline. Mayor Parks opened the public hearing at 7:51 PM. Gary Katz, 28765 Single Oak Drive, Suite 200, representing Bedford Properties, stated he believes the Zone Change from M-S-C to Commercial is warranted, because the site is located on the corner of a signalized intersection, and the need for more commercial zoning in this area of the City. He stated that in order to market this property, zoning must be in place and once sold, plot plans would be submitted which would be subject to public hearing. Mayor Parks closed the public hearing at 7:55 PM. Councilmember Birdsall asked if the Council will have the opportunity to approve the Plot Plan if the Zone Change is approved. Gary Thornhill explained that the Planning Commission has the authority to approve Plot Plans, and it would only come back to the Council on an appeal. Councilmember Moore stated she feels there is a need for more commercial property zoning east of the freeway. Councilmember Mu~oz expressed concern regarding overturning a unanimous Planning Commission Vote. It was moved by Councilmember, seconded by Councilmember Birdsall to approve the Zone Change and direct staff to prepare the appropriate ordinance for adoption. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: 1 COUNCILMEMBERS: Mu~oz ABSENT: 0 COUNCILMEMBERS: None RECESS Mayor Parks declared a recess to accommodate the previously scheduled Temecula Community Services Meeting at 8:02 PM. The meeting was reconvened following the TCSD Meeting at 8:37 PM. Minutes\07\23\91 -?- City Council Minutes July ?3. 1991 Councilmember Lindemarts asked that the Item No. 22 be taken out of order. Receiving no objections from Council, Mayor Parks reordered the agenda. COUNCIL BUSINESS 22. ABSENT: PUBLIC HEARINGS Costco\Owner Participation and Sales Tax Allocation Agreement It was moved by Councilmember Lindemarts, seconded by Councilmember Birdsall to adopt a resolution entitled: RESOLUTION NO. 91-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A SALES TAX ALLOCATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA AND THE CITY OF TEMECULA DATED AS OF JULY 23, 1991 The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 17. Appeal No. 16 - Parcel Map No. 25349 Gary Thornhill, Director of Planning, introduced the staff report. Tim Serlet, City Engineer, stated the condition being appealed is generally a condition more appropriate to tract maps and parcel maps. He stated that the Planning Commission was concerned about earthquake faults, a utility easement and drainage, and therefore imposed the condition requiring a comprehensive grading plan prior to recordation. Mayor Parks opened the public hearing at 8:45 PM. Richard Cruzen, 9968 Hibert Street, Suite 100, representing the applicant, stated the owner of the property would like to sell three custom lots, and does not feel it is appropriate to submit a comprehensive grading plan when individual owners may wish to change the building pad locations. He stated the benefit to the City for eliminating this condition is that the property would not be graded prior to lots being developed. Mayor Parks closed the public hearing at 8:46 PM. Minutes\0?\23\91 -8- City Council Minutes July ?3. 1991 Councilmember Moore asked if the City would loose control over the grading if this condition was removed? Mr. Thornhill stated that the individual grading plans would still have to be submitted and approved, so no control would be lost. Mayor Parks recommended deleting this condition, stating that no control would be lost since grading permits would have to be approved, and greater flexibility would be available. Councilmember Mu~oz asked if the Planning Commission addressed this issue. Planning Director Thornhill stated that this issue was not discussed. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to uphold Appeal No. 16 - Parcel Map No. 25349. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 18. Ambient Air Balloon Ordinance Gary Thornhill, Director of Planning, introduced the staff report, outlining the two changes to the ordinance are a minimum spacing requirement of 500 feet and a maximum allowed time period reduction from 15 to 10 days. Councilmember Birdsall asked why the time frame was reduced. Mr. Thornhill stated 10 days would allow for two weekends of advertising. Councilmember Birdsall stated that due to the cost of these balloons, 10 days seems to be an unfair restriction. Councilmember Mu~oz said many locations have CC&R's that restrict balloon advertising and stated he is concerned about aesthetics. Mayor Parks opened the public hearing at 9:00 PM. Brad Gagre, 28710-B Las Haciendas, Ste 112, asked that the distance allowed between balloons be reduced and also asked that the 15 day time frame be restored. He stated this type of advertising has benefitted businesses in Temecula and 15 days would make it more cost effective. Minutes\07\23\91 -9- City Council Minutes July 23. 1991 Mayor Parks closed the public hearing at 9:07 PM. Councilmember Birdsall asked where the spacing is measured from. Mr. Thornhill answered the spacing is measured from the center of the balloon. Councilmember Moore stated she is not in favor of using balloons for advertising, explaining she much prefers the use of monument signs which would be visible from the freeway. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to approve staff recommendation as follows with modifications changing the allowed period of time to 15 days, and reducing the minimum distance allowed between balloons to 350 feet. 18.1 Read by title only and introduce an ordinance entitled: ORDINANCE NO. 91-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING PORTIONS OF ORDINANCE NO. 90-04 PERTAINING TO ADVERTISING REGULATIONS AND ESTABLISHING REGULATIONS FOR THE USE OF AMBIENT AIR BALLOONS The motion was carried by the following vote: AYES: 4 NOES: ABSENT: COUNCILMEMBERS: Birdsall, Lindemarts, Mu~oz, Parks I COUNCILMEMBERS: Moore 0 COUNCILMEMBERS: None COUNCIL BUSINESS 19. Urgency Ordinance Amendment Regarding Speed Limits on Calle Pina Colada and Roripaugh Road Tim Serlet, City Engineer, introduced the staff report. Sydney Vernon, 30268 Mersey Court, addressed the Council in support of the proposed ordinance amendment. Minutes\07\23\91 -10- City Council Minutes July ?3. 1991 It was moved by Councilmember Moore, seconded by Councilmember Birdsall to read by title only and adopt an urgency ordinance entitled: ORDINANCE NO. 91-27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING SECTION 12.02.010(d) OF THE TEMECULA MUNICIPAL CODE TO ESTABLISH SPEED LIMITS ON CALLE PINA COLADA AND RORIPAUGH ROAD AND DECLARING THE URGENCY THEREOF The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 20. Reconsideration of Stop Signs Located at Motor Parkway and Ynez Road Councilmember Mu~oz explained he asked that this matter be reconsidered, due to the delay in the installation of the stop light. He stated that he feels it is unfair for the entire City to be inconvenienced seven days a week for the benefit of one member of the community. He also said that he feels erroneous information regarding the time frame for signalization has been given. Mayor Parks called a brief recess at 9:21 PM to change the tape. Ron Roberts, 27685 Commerce Center Drive, speaking as a private citizen, stated the ACS construction has passed the point where a stop sign is needed. He also stated that a stop light was promised in 60 to 90 days. Richard Dietrich, 39233 Risinghill, addressed the City Council in favor of removing the stop signs located at Motor Parkway and Ynez Road. He suggested if traffic control is needed the City should utilize traffic guards. John Dedovesch, 39450 Long Ridge Drive, suggested setting a completion date for the traffic signal and fining ACS if it is not completed on time. City Engineer Tim Serlet stated that staff is concerned about the delay in completing this traffic signal, however they are also concerned that a driving pattern has been established in that area. He advised that if signs are removed, a minimum 10 day notice would be required prior to removal and the estimated date signals should be operating is August 30, 1991. Hinutes\07\23\91 -11- City Council Minutes July ?3. 1991 Councilmember Lindemans suggested referring this matter to City Manager Dixon for a report with possible solutions. City Manager Dixon stated staff could bring back a status report on August 13, 1991. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to refer this matter to staff with direction to report on the status at the meeting of August 13, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 21. Consideration of Reappointments - Old Town Historic Review Committee Councilmember Lindemarts reported that in July of 1990, the Old Town Historic Review Committee was appointed by the City Council for a six month period of time. He stated that they have been meeting regularly but have never been reappointed. He also suggested directing staff to give that committee guidelines as to what architecture designs were prevalent in the late 1800's. Councilmember Birdsall reported that the committee has held 19 meetings and one member has never attended. For this reason, she suggested reducing the committee size to five members. She also suggested establishing guidelines for reappointments and term of office. Councilmember Moore stated that an Old Town Task Force put together a report that could be used as a resource in establishing historical guidelines. City Manager Dixon stated he could bring this item back at the next meeting for the Council to look at reducing the membership from six members to five members. He stated staff would put together a scope of work, responsibilities and terms of office and suggested that the Council may wish to consider this as a subcommittee of the Planning Commission. Mayor Parks asked if the term of office needs to be approved now. City Attorney Field stated that the terms shall remain in effect until so addressed. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemarts to refer this matter to staff with direction to prepare a report for the agenda of August 13, 1991 recommending the appointment of the committee, the terms of office and performance guidelines for the committee. A schedule for the expansion of the Historical area is also to be prepared. Minutes\07\23\91 -12- City Council Minutes The motion was carried by the following vote: AYES: 5 NOES: ABSENT: July 23. 1991 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Dixon reported he recently had the opportunity to speak with major car dealers at a John Powers Seminar, and more people now know that Temecula exists. CITY ATTORNEY REPORTS None given. CITY COUNCIL REPORTS Councilmember Birdsall addressed the need for a police phone number for citizens wishing to anonymously give information without being recorded and tracked. Police Chief Rick Sayre stated that 911 calls are recorded, however two other numbers are available. He said the first is an 24 hour 800 number (1-800-950-2444), which goes directly to dispatch and is not recorded. Chief Sayre also explained for service during business hours citizens can call 694-4367. Councilmember Lindemans requested that the matter of traffic signals in and out of the Target Center be addressed. Councilmember Mu~oz requested that the matter of the used car lot on Ynez be placed on the agenda of August 13, 1991. Mayor Parks requested that staff develop a policy for use of City stationary by the members of the City Council. Ninutes\07\23\g1 -13- City Council Minutes July 23. 1991 ADJOURNMENT It was moved by Councilmember Moore, seconded by Councilmember Lindemarts to adjourn at 10:05 PM to a joint meeting of the Temecula City Council and the Murrieta City Council on August 5, 1991 at 7:00 PM. The motion was unanimously carried. ATTEST: Ronald J. Parks, Mayor n~~Greek, City Cler~ [SEAL] N i nutes\07\23\91 - lZ,-