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HomeMy WebLinkAbout082791 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD AUGUST 27, 1991 A regular meeting of the Temecula City Council was called to order at 5:40 PM in the Main Conference Room of Temecula City Hall, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 4 ABSENT: 1 COUNCILMEMBERS: Birdsall, Lindemarts, Mu~oz, Parks COUNCILMEMBERS: Moore Also present were City Manager David F. Dixon, City Attorney Scott F. Field, Assistant City Manager Mark Ochenduszko, City Engineer Tim Serlet and City Clerk June S. Greek. EXECUTIVE SESSION Mayor Parks declared a recess to an executive session at 5:41 PM, pursuant to Government Code Section 54956(b) and 54956(c) to discuss potential litigation. The meeting was reconvened by Mayor Parks in Regular Session at 7:12 PM, in the Temporary Temecula Community Center, 27475 Commerce Center Drive, Temecula, CA. INVOCATION The invocation was given by Father Edward Renner of St. Thomas Episcopal Church. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Mayor Pro Tem Birdsall. PUBLIC COMMENTS John Dedovesh, 39450 Long Ridge Drive, addressed the Council regarding damage caused to Long Ridge Drive as the result of a water line break. He requested that the City require the Rancho California Water District to make proper repairs. He also spoke regarding the need for strong enforcement of speed limits on Winchester Road. Linda Cloughen, 41304 Bravos Court, asked if door-to-door solicitation has been addressed in the proposed Business Registration Ordinance. Mary Jane Henry, Finance Officer, stated that provisions were included which regulate door-to- door solicitation and also that the Ordinance requires photo identification for these types of sales. CONSENT CALENDAR Mayor Parks removed item number 10 from the Consent Calendar due to the number of speakers wishing to be heard on this matter. Minutes\082791 -1 - Citv Council Minutes Auoust 27, 1991 Councilmember Lindemans recorded a "no" vote on Consent Calendar item number 13. It was moved by Councilmember Birdsall, seconded by Councilmember Lindemans to approve Consent Calendar items number one through nine and eleven through fourteen as follows: 1. Standard Ordinance Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes RECOMMENDATION: 2.1 2.2 2.3 Approve the minutes of August 5, 1991. Approve the minutes of August 6, 1991. Approve the minutes of August 13, 1991. Resolution Approving List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 91-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A City Treasurer's Report as of July 31. 1991 RECOMMENDATION: 4.1 Receive and File the City Treasurer's Report Agreement Establishing Redevelopment Agency Administrative Trust and Revolving Fund RECOMMENDATION: Minutes\082791 -2- City Council Minutes Auoust 27. 1991 5.1 Approve an agreement between the City of Temecula and the Redevelopment Agency of the City of Temecula to establish an Agency Administrative Fund and a Revolving Fund. Acceptance of Public Improvements - Tract No. 70703-1 RECOMMENDATION: 6.1 6.2 6.3 6.4 Accept the Public Improvements in Tract 20703-1 and authorize the reduction of Faithful Performance Street, Sewer and Water bonds. Accept the Faithful Performance Maintenance bonds. Approve the Subdivision Agreement Rider. Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Acceptance of Public Improvements - Tract No. 22786 RECOMMENDATION: 7.1 7.2 7.3 7.4 Accept the Public Improvements in Tract 22786 and authorize the reduction of Faithful Performance Street, Sewer and Water bonds. Accept the Faithful Performance Maintenance bonds. Approve the Subdivision Agreement Rider. Direct the City Clerk to so advise the Clerk of the Board of Supervisors. Final Parcel Map No. 26625 RECOMMENDATION: 8.1 Approve Final Parcel Map No. 26625. SECOND READING OF ORDINANCES 9. Ordinance Approving ?one Change No. 9 - Providing for Duplex and Four-plex Units in Planning Area No. 37 Minutes\082791 -3- Citv Council Minutes Auoust 27. 1991 RECOMMENDATION: 9.1 Read by title only and adopt 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 11. Business License Ordinance RECOMMENDATION: 11.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-33 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY ESTABLISHING A BUSINESS REGISTRATION PROGRAM. OF TEMECULA 12. Ordinance Approving 7one Change No. 5755 RECOMMENDATION: 12.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-30 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA AMENDING THE OFFICIAL ZONING MAP OF SAID CITY IN THE CHANGE OF ZONE APPLICATION NO. 5755 CHANGING THE ZONE FROM M-SC {MANUFACTURING SERVICE COMMERCIAL) TO C1/CP {GENERAL COMMERCIAL) ON 6.2 NET ACRES AT THE NORTHWEST CORNER OF DIAZ AND RANCHO CALIFORNIA ROADS, ALSO KNOWN AS ASSESSOR'S PARCEL NO. 921-020-058 AND 059. 14. Ordinance to Grant a Franchise to Southern California Gas Company RECOMMENDATION: 14,1 Read by title only and adopt an ordinance entitled: Minutes\OS2791 -4- Citv Council Minutes Auoust 27, 1991 ORDINANCE NO. 91-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA GRANTING TO SOUTHERN CALIFORNIA GAS COMPANY, A CORPORATION, ITS SUCCESSORS AND ASSIGNS THE RIGHT, PRIVILEGE AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS, WAYS ALLEYS AND PLACES, AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN SAID MUNICIPALITY The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore 13. 10. Ordinance Amending Toning Map in Change of ?one No. 16 RECOMMENDATION: 13.1 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-31 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. 16 CHANGING THE ZONE FROM R-R (RURAL RESIDENTIAL) TO C-P-S (SCENIC HIGHWAY COMMERCIAL) LOCATED AT 27628 JEFFERSON AVENUE, ALSO KNOWN AS ASSESSOR'S PARCEL NO. 910-130-026. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Birdsall, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 1 COUNCILMEMBERS: Moore Ordinance Regulating Outdoor Advertising Displays Edwin E. Wheeler, 40300 Via Francisco, Murrieta, questioned if a fee is associated with the adoption of the proposed ordinance. Minutes\OS2791 -5- City Council Minutes Auoust 27. 1991 City Attorney Scott Field outlined the provisions of the ordinance explaining that it propose a modification of the billboard moratorium ordinance and does not address the small A-frame signs or banners. City Manager Dixon advised that the matter of small identification signs, banners, A- frame signs, etc., needs to have a policy decision from the Council. He advised that the staff has been directed to take a very conservative approach to enforcement of violations of the existing ordinance. Joyce White, 27623 Jefferson Road, spoke in favor of the City approving A-frame and banner signs for use by the small businesses. Bill Fowler, 28410 Front Street, Suite 112-b, spoke in favor of giving special consideration to small business using these signs during the economic slump currently being experienced. Lee Richardson, 41850 Moreno Road, spoke in favor of the Council approving the use of banners for the business community. Don Forth, 41680 Enterprise Circle South, spoke in favor of the City Council allowing the use of banners for advertising. He requested consideration of a one year period to exempt businesses from enforcement of the existing ordinance provisions. Troy Johns, 28410 Front Street, No. 103, spoke in favor of granting a one-year period of time in which the sign ordinance would not be enforced regarding use of banners. Greg Treadwell 27300 "B" Jefferson, spoke in favor of the City sending a clear message to the business community that they wish to help in these economic times. Simon Afif, spoke in opposition to any additional shopping centers being allowed because there is so much space currently available in existing centers. Joan C. Tussing, Front Street, spoke in opposition to restrictive sign regulations. Ronnie Larrivee, 28532 Front Street, spoke in favor of the City allowing A-frame signs and banners to be used by the merchants. Roni K. Graves, 31040 Via Norte, spoke in favor of realtors being allowed to use small parkway signs and A-frame signs to advertise. Mike Dumalski, 28860 Front Street, requested Council consideration of granting a one- year period of time in which the provisions of the sign ordinance would not be enforced regarding use of banners and A-frame signs. Phillip Columbo, 29000 Front Street, spoke in favor of a six-month moratorium on enforcement of the sign ordinance. Minutes\082791 -6- Citv Council Minutes Auaust 27. 1991 Rob Keating, 28410 Front Street, addressed the economic climate that requires special consideration. He suggested the Council establish a committee to look at the needs of the community relative to sign use. Linda Bojorquez, 28540 Front Street, spoke in favor of allowing the use of A-frame signs. Dorothy Kuski, spoke in favor of the realtors being allowed to use their small signs on the weekends an during the week on "preview days". City Attorney Scott Field advised that "moratoriums" are used to prohibit actions or matters. He also advised that the matter of the sign ordinance can be addressed by the City Council under the agenda title listed. Mayor Pro Tem Birdsall questioned the status of the citations currently issued for sign violations. City Manager Dixon advised that staff can be directed to hold enforcement in abeyance at the Council's discretion. Councilmember Mu~oz stated he would like to see a committee, representing the business community, the Chamber of Commerce, Realtors and members of the general public, established to review the sign ordinance. Councilmember Lindemans suggested that a report from this proposed committee be brought back to the Council directly. It was moved by Councilmember Mu~oz, seconded by Councilmember Linderoans to establish a sign ordinance review committee to prepare and present recommendations to the City Council within 90 days, and further to direct staff to hold enforcement in abeyance until after this matter has come back for reconsideration. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Moore Mayor Pro Tem Birdsall stated that the business owners should be aware that as a result of the Council's action, they are now "in control" of the aesthetics of the community and this responsibility should not be taken lightly. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Lindemans to adopt an ordinance entitled: Minutes\082791 -7- Citv Council Minutes Auoust 27. 1991 AYES: 4 NOES: ABSENT: RECESS ORDINANCE NO. 91-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, AMENDING INTERIM ZONING ORDINANCE NO. 91-17 PERTAINING TO REGULATIONS FOR OUTDOOR ADVERTISING DISPLAYS The motion carried by the following vote: COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks 0 COUNCILMEMBERS: None I COUNCILMEMBERS: Moore Mayor Parks declared a recess at 8:24 PM. The meeting was reconvened at 8:58 PM immediately after the adjournment of the Temecula Community Services and Temecula Redevelopment Agency meetings. PUBLIC HEARINGS 15. Appeal No. 15 - Winston Tire/Local Neon Company Director of Public Works/City Engineer Tim Serlet introduced newly hired Senior Planners John Meyer and Debbie Ubnoske to the City Council and public. Ms Ubnoske then presented the staff report. Mayor Parks opened the public hearing at 9:02 PM. Ron Wolter, representing the applicants stated that the proposal is for a sign to be mounted on the side of the building they occupy which will extend above the roof parapet. Dan Perimutter, representing DMP Properties, owners of the Winchester Shopping Center, stated that Winston Tire is an anchor tenant of this center and they badly need the sign exposure on Jefferson Avenue. Councilmember Mu~oz questioned the reason a monument sign does not meet the requirements for visibility on Jefferson Avenue. Mr. Perimutter stated that a monument sign of adequate size would do the job but the Planning Commission has not approved the two proposed monument signs for the center at a size sufficient to allow for the needs of the center's tenants. Mayor Parks declared the hearing closed at 9:16 PM. Minutes\082791 -8- City Council Minutes Auoust 27. 1991 It was moved by Councilmember Lindemans seconded by Mayor Pro Tern Birdsall, to uphold the appeal and reverse the Planning Commission recommendation for denial. The motion was unanimously carried with Councilmember Moore absent. 16 17 Tentative Parcel Map No. 25418 Senior Planner Debbie Ubnoske presented the staff report. She advised the Council that the 2.64 acre parcel (known as lot 25) at the corner of Margarita Road and DePortola Road is not included in this application. Mayor Parks opened the public hearing at 9:24 PM. Robert Kimble, of RBF Engineering, representing the applicant, stated that the applicant concurs with the staff recommendations. Brian Sweeney, representing the Los Ranchitos Homeowners Association stated that the homeowners association wished to withdraw their request to speak forms in opposition to this development based on the clarification from staff that Lot 25 is not a part of this plan. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Mu~oz to approve staff recommendations as follows: 16.1 16.2 Adopt a Negative Declaration for Vesting Parcel Map No. 25418, and; Adopt a resolution entitled: RESOLUTION NO. 91-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING VESTING TENTATIVE PARCEL MAP NO 254189 TO SUBDIVIDE A 36.4 ACRE PARCEL INTO FIVE COMMERCIAL PARCELS AND NINE OPEN SPACE PARCELS LOCATED ON THE NORTHEAST CORNER OF MARGARITA ROAD AND HIGHWAY 79 AND KNOWN AS ASSESSOR'S PARCEL NO. 926-013-012. The motion was unanimously carried with Councilmember Moore absent. Temporary Closure of Avenida De La Reina Director of Public Works/City Engineer Tim Serlet presented the staff report. He advised that the responses to the post card mailing, notifying the residents of this proposal, totaled 89 responses in favor of the street closure and 27 responses in opposition. Mayor Parks declared the public hearing open at 9:34 PM. Minutes\082791 -9- Citv Council Minutes Auoust 27. 1991 The following speakers spoke in favor of the street closure: D. J. Loyst, 41682 Avenida De La Reina Lisa Vitucci, 31130 Corte Arroyo Vista Todd LiPetri, 41663 Avenida De La Reina Mary Giordano, 41639 Avertida De La Riena Joe Sequin, 41640 Avenida De La Riena Kathy Hamilton, 41681 Avertida De La Reina Carolyn Smith, no address given. The following speakers spoke in opposition to the street closure: Rita V. Hernandez, 31149 Corte Alhambra Anthony Bergeron, 31300 Corte Alhambra Councilmember Lindemans read a letter from Mr. Deliberti into the record in favor of the proposal. Gloria Brom, Corte De los Santos questioned if the Fire Department has been notified of this action. City Manager David Dixon stated that they have been notified and that representatives of the Department are present at the meeting. Mayor Parks declared the hearing closed at 9:50 PM. In response to a question from Councilmember Lindemans, City Engineer Serlet advised that if the closure of this street were to become permanent, staff would be looking into adding the abandoned portion to an existing small neighborhood park. It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to approve the temporary closure of Avenida De La Reina between Calle Aragon and Corte Arroyo Vista for six (6) months to determine the feasibility of implementation of a permanent closure. The motion was unanimously carried with Councilmember Moore absent. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tern Birdsall to continue the meeting to the hour of 11:00 PM. The motion was unanimously carried with Councilmember Moore absent. RECESS A recess was declared by Mayor Parks at 9:55 PM. The meeting was reconvened at 10:06 PM. COUNCIL BUSINESS Minutes\OS 2791 - 1 O- Citv Council Minutes Auoust 27. 1991 18. 19, Adoption of Urgency Ordinance Amending Chapter ?.70 of the Temecula Municipal Code and Approval of an Interim Multi-Hazard Functional Plan Assistant City Manager Mark Ochenduszko introduced the staff report and recommended that staff also be directed to work with the Public Safety Commission in developing annexes to make the plan more specific to the City of Temecula. Mayor Pro Tern Birdsall stated that she would like to have a portable cellular telephone placed and maintained at the local radio station to assure communications in the event of a disaster. She also suggested that the plan specifically address the matter of housing for relief organizations. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Birdsall to approve staff recommendations as follows: 18.1 Approve and adopt the Interim Multi-hazard Functional Plan for the City of Temecula. 18.2 Read by title only and adopt an ordinance entitled: ORDINANCE NO. 91-34 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.20 "DISASTER RELIEF" OF THE TEMECULA MUNICIPAL CODE BY THE ADDITION OF A DISASTER COUNCIL, ESTABLISHING THE POWERS AND DUTIES THEREOF, AND AMENDING DEFINITIONS AND PENALTIES The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore Staff was further directed to involve the Public Safety Commission in greater detail and to institute interaction with the Temecula Unified School District. Councilmember Mu~oz stated for clarification that the Disaster Council is composed of City staff and members of various emergency service agencies. He questioned the role of the City Council and asked when that will be addressed. City Manager Dixon advised that this will be defined as the annexes to the plan are developed. Consideration of City of Temecula Economic Development Brochure Minutes\082791 -11 - City Council Minutes Auoust 27. 1991 20. City Manager David Dixon presented a staff report and requested that two member of the Council be specified to work with the City Manager in developing the program. Councilmember Mu~oz suggested that local advertising should be considered such as in the Orange and San Diego areas. It was moved by Mayor Parks, seconded by Councilmember Mu~oz to nominate Councilmembers Lindemans and Birdsall to serve on this project committee with the City Manager. The motion was unanimously carried with Councilmember Moore absent. Mayor Parks suggested that some additional citizen input be solicited by the committee. He also requested that a budget be developed and presented to the City Council for this program. Al~pointments to Old Town Historic Review Committee After brief discussion it was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Lindemans to continue this matter to the meeting of September 10, 1991 to allow Council to provide staff with any additional recommendations for appointments. Councilmember Mu~oz requested that the name of Christina Grina be added to the list for consideration. The motion was unanimously carried with Councilmember Moore absent. 21. Undergrounding of Utility Lines and Interim Road Widening Within Community Facilities District CFD-88-1 ?. City Engineer Tim Serlet presented the staff report and advised that a request of staff has been made to look into installing a temporary widening of Ynez Road from Solana Way south to Rancho Town Center and the Tower Plaza, with a completion date prior to the Christmas holidays. He stated he feels this timetable is not possible. Councilmember Mu~oz suggested that staff bring back a report addressing whether the ultimate widening is still necessary, in light of the fact this was originally planned to service a regional shopping center proposed for Ynez Road. Mayor Pro Tem Birdsall stated that she would like the report to include an assessment of the costs involved to change the specs and re-engineer the road. She questioned the time estimate for completion if the six-lane roadway goes forward. Mr. Serlet advised that completion is anticipated at the end of 1992. Minutes\OS 27g I - 12- Citv Council Minutes Auoust 27. 1991 It was moved by Councilmember Mu~oz, seconded by Councilmember Lindemans to continue this matter for two weeks. The motion was unanimously carried with Councilmember Moore absent. 22. Amendment to CFD 88-11:2 Engineering Services Contract with J. F. Davidson Associates, Inc. The staff report was presented by City Engineer Tim Serlet. Mayor Parks suggested that the amount of the contract be reduced by $30,000 because that amount is predicated on the design costs necessary if Edison facilities are undergrounded. It was moved by Mayor Pro Tern Birdsall, seconded by Councilmember Lindemarts to approve a contract amendment with J. F. Davidson Associates, Inc. to provide additional design services in the amount of $56,100 and authorize the Mayor to execute the contract amendment. The motion was unanimously carried with Councilmember Moore absent. 23. Authorization to Purchase Former School Bus Facility Located in Old Town City Manager David Dixon presented the staff report. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Birdsall to approve staff recommendation as follows: 23.1 Adopt a resolution entitled: RESOLUTION NO. 91-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1991-1992 BUDGET TO APPROPRIATE $500,000 FOR PURCHASE OF PARCEL NO. 3 OF PARCEL MAP NO. 24038 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: I COUNCILMEMBERS: Moore CITY MANAGER REPORTS City Manger Dixon reported he has been asked to participate in several sessions at the annual League of California Cities meeting in October. Minutes\OS2791 -13- City Council Minutes Auauet 27. 1991 CITY ATTORNEY REPORTS None given CITY COUNCIL REPORTS None given ADJOURNMENT It was moved by Mayor Pro Tern Birdsall, seconded by Councilmember Lindemans to adjourn at 11:13 PM to a meeting to be held at 7:00 PM on September 10, 1991 in the Temecula Temporary Community Center, 27475 Commerce Center Drive, Temecula, California Ronald J. Parks, Mayor ATTEST: Jun(~eeek~ City Clerk [SEAL] Minutes\082791 -14-