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HomeMy WebLinkAbout080691 CC MinutesMINUTES OF AN ADJOURNED REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 6, 1991 An adjourned regular meeting of the Temecula City Council was called to order at 7:07 PM in the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk June S. Greek. INVOCATION The invocation was given by Assistant Pastor Hack Wilkerson of Harvester Church of Temecula. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Councilmember Karel Lindemarts. PUBLIC COMMENTS John Dedovesh, 39450 Long Ridge Drive, spoke regarding the lack of street cleaning services in his neighborhood and the poor quality of the work when it is performed. He also stated that the City needs to have a Code Enforcement Officer working on weekends. CONSENT CALENDAR Councilmember Linderoans requested that item No. 3 be removed from the Consent Calendar. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to approve Consent Calendar items No. 1, 2 and 4 as follows: 1. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Approval of Telephone Lease/Purchase Minutes\O80591 - 1 - City Council Minutes Auoust 6 1991 RECOMMENDATION: 2.1 Approve the lease included in Attachment "A" of the staff report for telephone equipment. Appropriation of Funds and Approval of Payment to the County of Riverside Transportation Department for the Completion of Roadway Improvements at the Intersection of Nicolas Road and Winchester Road. RECOMMENDATION: 4.1 Appropriate $85,290.06 from the Gas Tax Fund balance into Account Number 165-5402 (Street Maintenance) for the payment of road improvements constructed by Riverside County Day Labor Forces at the intersection of Nicolas Road and Winchester Road in accordance with the City Council action of June 26, 1990. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Memoranda of Understanding - Johnson + Johnson Partnerships Councilmember Lindemans explained he is opposed to entering into memoranda of understanding for properties located within the City boundaries. He said he feels this give the appearance of granting approvals outside the normal channels. Bill Meacham, the City's Sphere of Influence Consultant stated the Memoranda of Understanding (MOU's) recognize only current zoning and that only two of the seven located within the incorporated area are going to be requesting changes of use. Councilmember Mu~oz asked the City Attorney if any of the understandings contained in the memoranda will require any special treatment of these properties by the City in the future. City Attorney Scott Field stated that no special treatment could be given under the existing government statutes whether or not an MOU exists for a given property. Minutes\080591 -2- Citv Council Minutes Auaust 6 1991 It was moved by Councilmember Moore, seconded by Councilmember Lindemans to approve the memoranda of understanding for the six (6) parcels located outside the City's incorporated boundaries and identified as: Johnson, Allen & Kinney, Rancho California Spa & Country Club; Rancho California Spa & Country Club I1-1, Rancho California Spa & Country Club 11-2, Murrieta Hot Springs Country Club and Murrieta Springs. The motion was unanimously carried. Councilmember Lindemans questioned the reason for entering into an MOU for properties within the City when they have already received all necessary approvals. Bill Meacham responded that within the framework of forming new City boundaries there is a need to reach a level of trust with landowners who may become a part of the City. This is a matter of moving forward in stages, reaching understandings first and then moving on to the next step of entering into pre-annexation agreements and specific plans. Councilmember Mu~oz requested that the City Attorney clarify the reasons for entering into MOU's for areas within the City. Mr. Field responded that they are used to create areas of understanding regarding future development agreements. Councilmember Birdsall expressed concern that entering into these agreements at this time does not take into consideration adjacent properties and the possible need to create buffer zones between these parcels and neighboring ones having substantially different uses. Sandra Wilson, 40390 Carmelita Circle, spoke in opposition to the approval of MOU's for properties already located in the City. It was moved by Councilmember Moore, seconded by Mayor Parks to accept the remaining seven MOU's for the parcels located within the City. Councilmember Mu~oz pointed out that the MOU's numbered 1 and 6 indicate that zone changes will be requested at a later date and he suggested these not be included in the motion to approve. Councilmember Moore amended the motion and Mayor Parks amended the second to approve the MOU's numbered No. 2, 3, 4, 5 and 7 and identified as: Rancho Core Associates No. 1; Rancho Core Associates No. 2, Rancho California City Associates I, Rancho California City Associates II and Rancho California Dairy Associates. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans Minutes\080591 -3- Citv Council Minutes Auaust 6 1991 ABSENT: 0 COUNCILMEMBERS: None It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to deny the MOU's numbered No. 1 and 6 and identified as Los Ranchitos Estates and Rancho Village Associates. Dana Allen, President of Johnson + Johnson, the applicant, stated that this is a situation in which the parcels are all in separate partnerships. He advised he would need to have discussions with all of the individual partnerships to see if these denials will affect the other parcels which have been accepted. City Attorney Field, in response to a question posed by Councilmember Birdsall, stated that if LAFCO does not approve the inclusion of the parcels that are located outside the City of Temecula all of the Memoranda of Understanding become null and void. The motion was carried by the following roll call vote: AYES: 3 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, NOES: 2 COUNCILMEMBERS: Moore, Parks ABSENT: 0 COUNCILMEMBERS: None PUBLIC HIrARINGS 5. Appeal No. 17 - CUP No. 11 Planning Director Gary Thornhill presented the staff report. He also noted that correspondence received from Bedford Property today in opposition to this proposal had been copied and provided to the Council. Mayor Parks and Councilmember Lindemans stated that they have listened to the audio tapes of the Planning Commission meeting dealing with this matter. Mayor Parks opened the public hearing at 7:53 PM. Barbara Elias, Red Carpet Realty, 38710 Murrieta Hot Springs Road, Murrieta, representing the applicant spoke in favor of upholding the appeal and allowing the "For Sale by Owner" parking lot. Sandra Wilson, 40390 Carmelita Circle, spoke in favor of the use at the proposed site. She also stated that the sales of autos by individuals has proven to be a dangerous practice and this use will provide a real service to the citizens of Temecula. Minutes\080591 -4.- City Council Minutes Auaust 6 1991 Michael Barrios, Bonita, California stated that he is the owner of a "For Sale by Owner" car lot in San Diego. He spoke in favor of the concept and the proposed use in Temecula. He also stressed the safety factors involved in sale by owner direct transactions. Councilmember Birdsall questioned the zoning on the property Mr. Barrios uses in San Diego and was advised that it was in a commercial zone. Mr. Barrios also responded to Councilmember Mu~oz's question that the lot he operates in San Diego is on a very heavily traveled street and draws approximately 2,000 customers each weekend. John Dedovesh, on this lot. He also questioned 39450 Long Ridge Drive, questioned the number of cars to be parked said he favors this use but feels the location is not the right one. He how the sales tax is to be handled for a vendor of this kind. Chester Stender, 27919 Front Street, a tenant of the Creative Arts Building and operator of the Temecula Meeting Center, stated that his business utilizes the parking lot often on the weekends. He said he does not oppose this type of business but does oppose it at the proposed location. Jane Vernon, 30268 Mersey Court, spoke in favor of denial of this project, based on the number of speakers in opposition to this application at the Planning Commission meeting. Barbara Elias, spoke in rebuttal stating that there are 116 parking spaces, 14 of which will be reserved for tenants of the building and 14 which will be reserved for prospective buyers. She said the Temecula Meeting Center is only entitled to 10 parking spaces based on the amount of square footage they occupy in this facility. The Mayor declared the public hearing closed at 8:45 PM. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to Deny Appeal No. 17 and uphold the Planning Commission denial of Conditional Use Permit No. 11. Further it was directed that staff assist the applicant in identifying a compatible site for this use. The motion was unanimously carried. RECESS Mayor Parks declared a recess at 8:56 PM, the meeting was reconvened at 9:12 PM with all members present. Change of 7one No. 9. Substantial Conformance No. 11. Specific Plan No. 199. Buie Corporation Planning Director Gary Thornhill presented the staff report and advised that this is a housekeeping action to include original language in the new ordinance. Minutes\080591 -5- Citv Council Minutes o Au=ust 6 1991 Mayor Parks opened the public hearing at 9:15 PM. City Clerk June Greek read a handwritten statement submitted by Jeff Davis, 31030 Corte Anza in opposition to the building of two-story four-plexes. It was moved by Councilmember Linderoans, seconded by Councilmember Birdsall to close the public hearing at 9:16 PM and approve staff recommendations as follows: 6.1 Adopt a resolution entitled: RESOLUTION NO. 91-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CHANGE OF ZONE NO. 9 AMENDING ORDINANCE NO. 3489.2922 OF SAID CITY, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR° PLEX UNITS IN PLANNING AREA NO. 37 AND SPECIFIC PLAN NO. 199. 6.2 Introduce and ready by title only an ordinance entitled: ORDINANCE NO. 91-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING ORDINANCE NO. 348.2922 OF SAID CITY IN THE CHANGE OF ZONE NO. 9, TO INCLUDE LANGUAGE PROVIDING FOR DUPLEX AND FOUR- PLEX UNITS IN PLANNING AREA NO. 37 OF SPECIFIC PLAN NO. 199. The motion was unanimously carried. Outdoor Advertising Display Ordinance Planning Director Gary Thornhill presented the staff report. Councilmember Moore asked if the language specified billboards or monument signs. Mr. Thornhill responded that this proposed ordinance would allow the City Council the opportunity to look at all types of signs. Councilmember Mu~oz questioned if a request for variance from the current ordinance would not do the same thing. City Attorney Field advised that variances only can be granted if mitigating factors, such as unusual topography, etc. exist. Mayor Parks opened the public hearing at 9:20 PM. There were no written or oral communications presented. The Mayor declared the hearing closed at 9:21 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to table consideration of the ordinance. The motion was withdrawn after brief discussion. Minutes\080591 -6- Citv Council Minutes August 6 1991 It was moved by Councilmember Lindemans, seconded by Councilmember Birdsall to remove the references to an urgency ordinance in the title and in Section 6. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: I COUNCILMEMBERS: Mu~oz ABSENT: 0 COUNCILMEMBERS: None City Attorney Field read the amended title of the ordinance. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to introduce the ordinance as amended. The motion was unanimously carried. CITY MANAGER REPORTS City Manager Dixon advised that he will be sending out a mid-monthly report to the Council on all in-progress items. CITY ATTORNEY REPORTS No report given. CITY COUNCIL REPORTS Councilmember Moore requested that consideration be given to increasing the dollar amounts that staff is authorized to approve on budgeted items. She also requested that in the future when Councilmembers place items on the Council agenda they provide a brief report supporting the reasons for the placement. Councilmember Mu~oz requested that additional attention be given to expressing gratitude to the businesses in the community and he requested that staff look into shortening or expediting the development processes for new businesses. Mayor Parks reported he will be compiling a notebook to contain reports on meetings he attends such as WRCOG, He stated this notebook will be available for other members of the Council in the City's library at City Hall. Minutes\gag591 -7- Citv Council Minutes Auoust 6 1991 ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Moore to adjourn at 9:46 PM to an Executive Session to be held August 13, 1991 at 6:00 PM in the City Hall Main Conference Room, to be followed by the regular meeting at 7:00 PM in the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, California. The motion was unanimously carried. ATTEST: Ronald J. Parks, Mayor J~k, City ~'erk [SEAL] Minutes\O$0591