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HomeMy WebLinkAbout121091 CC Minutes MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD DECEMBER 10, 1991 A regular meeting of the Temecula City Council was called to order at 5:38 PM in the Main Conference Room, Temecula City Hall, 43174 Business Park Drive, Temecula, California. Mayor Ronald J. Parks presiding. PRESENT 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mur~oz, Parks ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager David F. Dixon, Assistant City Manager Mark Ochenduszko, City Attorney Scott F. Field, and City Clerk June S. Greek. FXECUTIVF SESSION Mayor Parks declared a recess to an executive session pursuant to Government Code Section 54956.9(b) regarding potential litigation. The meeting was reconvened at 7:06 PM in regular session by Mayor Parks. INVOCATION The invocation was given by Pastor Simmons, Foursquare Church. PLEDGE OF ALLEGIANCF The audience was led in the Pledge of Allegiance by Councilmember Lindemans. PRESENTATIONS/ PROCLAMATIONS Captain Rick Sayre introduced Temecula Police Department, Officers Leggett and Pino who outlined the awards of the Bike Safety Poster Contest Winners. The winners were announced as follows: 4th Grade Boys- 5th Grade Boys- Brian McGavin - John Hess Erin Douglas- J.R. Monalo- Kevin Cohn - Brian Simonson - 1st Place - Bike 2nd Place - Safety Helmet 3rd Place - $50 Bond 1st Place - Bike 2nd Place - Safety Helmet 3rd Place - $50 Bond Minutes\121091 -1- 4th Grade Girls- Amy Shaffer - Abby Shaw - Shannon Gilliano- 1st Place - Bike 2nd Place - Safety Helmet 3rd Place - $50 Bond 5th Grade Girls- Erin Dryer- Paula Rowlands- Danielle Herrara- 1st Place - Bike 2nd Place - Safety Helmet 3rd Place - $50 Bond Kathy Zeitz, representing The Automobile Club of Southern California, presented the City Council with a National AAA Award for pedestrian safety. Mary Aliensworth, Rodeo Chairman, introduced Debra Richardson who will be serving as Miss Temecula Rodeo and presented the City Council with a plaque thanking the City for their participation in the PRCA Rodeo in Temecula. Joe Hreha, Senior Management Analyst, introduced Ben Blackman, General Manager of Jones Intercable who presented a $75,000 check to the City for the governmental access channel. Another check was presented to the Temecula Unified School District for the Education Channel. PUBLIC COMMENTS Lynn Carpenter, 45701 Adler Lane, representing Union for River Greenbelt, addressed the need for clearing the Murrieta Creek Bed. She also spoke against channelization of the creek bed and requested that the City Council look into alternative methods of flood control. James Marpie, 19290 St. Gallen Way, Murrieta, Murrieta Creek Greenbelt Committee, addressed the City Council requesting a multi-purpose plan be implemented for use of Murrieta Creek. Councilmember Mu~oz announced that on December 14th there will be a Hazardous Waste Round-up. CONSENT CALI=NDAR It was moved by Councilmember Moore, seconded by Mayor Pro Tem Birdsall to approve Consent Calendar Items 1o4 and 7-9. Councilmember Lindemans stated he would abstain on Item No. 9. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Minute$\12\10\91 -2- City Council Minutes 1. Standard Ordinance Adoption Procedure 1.1 December 10. 1991 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2. Minutes 2.1 2.2 2.3 3. Resolution Approving List of Demands 3.1 o Approve the minutes of November 19, 1991 as mailed. Approve the minutes of November 25, 1991 as mailed. Approve the minutes of November 26, 1991 as mailed. Adopt a resolution entitled: RESOLUTION NO. 91-118 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Cancellation of the Regular City Council Meeting Scheduled December 24. 1991 4.1 Cancel the regularly scheduled meeting of December 24, 1991 and reschedule it to take place on December 17, 1991. Revised Vesting Final Tract Map No. :23267-4 7.1 Approve Revised Vesting Final Tract Map No. 23267-4, subject to the Conditions of Approval. Vesting Final Tract Map No. :26861-1 8.1 Approve Vesting Final Tract Map No. 26861-1, subject to the Conditions of Approval. Authorization to Purchase Property at Sixth and Front Streets 9.1 Authorize staff to conduct detailed negotiations and execute all necessary documents to purchase the vacant lot at the northeast corner of the intersection at Sixth and Front Streets at a price not to exceed $917,100, plus the customary buyer's share of closing costs. City Council Minutes December 10. 1991 9.2 RESOLUTION NO. 91-120 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE FISCAL YEAR 1991-1992 BUDGET TO APPROPRIATE $925,000 FOR THE PURCHASE OF ASSESSOR'S PARCEL NUMBER 922-023-020 The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Lindemans Award of Bids - City Vehicles Councilmember Mu~oz requested that some of these vehicles be converted to use an alternative clean burning fuel, thereby setting the example for the community. Councilmember Lindemans requested this matter be placed on the next available agenda. It was moved by Mayor Pro Tern Birdsall, seconded by Councilmember Moore to approve staff recommendation as follows: 5.1 Award the bids to purchase three (3) vehicles for Public Works. 5.2 Increase the Fiscal Year 1991-1992 Budget for vehicles by $16,500 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 Resolution Urging the Establishment of a School of Law at The University of California - Riverside Councilmember Moore suggested that the wording "ABA Accredited Law School" be added to this resolution, thereby insuring the quality of this facility. Ed Nowakoski stated this is the intent of the committee to pursue an ABA Accredited Law School Minutes\ 12\ 10\91 -4- City Council Minutes 10. December 10. 1991 It was moved by Councilmember Moore, seconded by Mayor Pro Tem Birdsall to adopt the resolution with the inclusion of the language in the fifth paragraph, "ABA Accredited Law School". 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 Ordinance Adopting Standard Drawings for Public Works Construction Mayor Parks stated he would like to amend the Public Works Director's letter Exhibit A, guidelines 1 and 4 changing the date for submitting plans to read prior to July 1, 1992. It was moved by Councilmember Birdsall, seconded by Mayor Pro Tem Lindemans to read by title only and adopt the ordinance, with a modification on Exhibit A, guidelines I and 4, changing the date to July 1, 1992. ORDINANCE NO, 91-43 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCE AND ADOPTING STANDARD DRAWINGS FOR PUBLIC WORKS CONSTRUCTION The motion was carried by the following vote: ABSENT: RECESS AYES: 5 NOES: 0 0 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None Mayor Parks called a recess at 8:02 PM. The meeting was reconvened following the previously scheduled CSD Meeting at 8:22 PM. PUBLIC HFARINGS 11. Change of 7one 5631 - Tentative Map No. 25320 - Bedford Properties Mayor Parks announced that the applicant has requested that this matter be continued to January 14, 1992. It was moved by Councilmember Moore, seconded by Councilmember Birdsall to continue the Public Hearing to the meeting of January 14, 1992. City Council Minutes The motion was carried by the following vote: AYES: NOES: ABSENT: PUBLIC HEARINGS December 10. 1991 5 0 COUNCILMEMBERS: Birdsall, Linderoans, Moore, Mu~oz, Parks COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Mayor Parks stated that Public Hearing Items 12 and 13 would be heard concurrently. 12. Parcel Map 24085 - Rancho California City Center Association No. 1 13. Parcel Map ?4086 - Rancho California City Center Association No. 1 Gary Thornhill, Director of Planning, presented the staff reports and advised that it is staff's recommendation, based on advise from the City Attorney, to act on these items tonight instead of continuing them further. Mayor Parks closed the public hearings at 8:25 PM. Mayor Pro Tern Birdsall suggested the following: 1. Streets and improvements not be deeded to the City for maintenance until 51% of lots are sold. 2. Coordinate with the police department to barricade unfinished streets. 3. Address the need of dust control at the site. Gary Thornhill stated he has suggested wording to address erosion control Councilmember Lindemans stated that Tract 21382 and 21383 have been approved in the past and these projects will be generating a large volume of traffic. He stated he feels that these developments will create a serious traffic problem without the necessary conditions to mitigate the problem. Mayor Parks advised that this development has already created jobs and made improvements to the area. Councilmember Lindemans stated he would like a full disclosure to future property owners of what the development costs involved will be. It was moved by Councilmember Mu~oz, seconded by Councilmember Moore to approve staff recommendations with the additional conditions proposed by Mayor Pro Tern Birdsall: Minutes\ 12\ 10\91 -6- City Council Minutes December 10. 1991 Planning Director Thornhill suggested wording for the condition dealing with erosion control. Director of Public Works/City Engineer Tim Serlet noted changes in the conditions dealing with street grades and reimbursement agreements and suggested wording for an additional condition which would require the developer to maintain roadways until 51% of the lots have been sold. These conditions and changes would apply to both Parcel Map No. 24085 and 24086. 12.1 Adopt a Negative Declaration for Parcel Map No. 24085 12.2 Adopt a resolution entitled: RESOLUTION NO. 91-121 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24085 TO SUBDIVIDE A 72.6 ACRE PARCEL LOCATED ON THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-022 Additional Conditions for Parcel Map 24085: Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The condition dealing with street grade shall have, "or as approved by the City Engineer", added. The Conditions which call for Reimbursement Agreements shall have, "prior to issuance of building permit". A new condition was added to read, "Developer agrees to maintain all roadways until 51% of lots are sold. 13.1 Adopt a Negative Declaration for Parcel Map No. 24086. 13.2 Adopt a resolution entitled: RESOLUTION NO. 91-122 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 24086 TO SUBDIVIDE A 69.7 ACRE PARCEL INTO 49 PARCELS AT THE WESTERLY SIDE OF DIAZ ROAD NORTH OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-020 Additional Conditions for Parcel Map ?4086: City Council Minutes December 10. 1991 Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The condition dealing with street grade shall have, "or as approved by the City Engineer", added. The Conditions which call for Reimbursement Agreements shall have, "prior to issuance of building permit", added. A new condition was added to read, "Developer agrees to maintain all roadways until 51% of lots are sold. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks NOES: 1 COUNCILMEMBERS: Lindemans ABSENT: 0 COUNCILMEMBERS: None Mayor Parks reordered the agenda to hear Public Hearing No. 15 and 16 concurrently. 15. Parcel Map 25139 - 50 Center City Associates 16. Parcel Map :25408 - Phillip T. See Gary Thornhill, Director of Planning, presented the staff report. Mayor Parks opened the public hearings at 8:50 PM Max Harrison, Alba Engineering, representing both applicants, stated they concur with additional conditions of approval. James Marpie, 19290 St. Gallen Way, stated he believes this project will have a negative environmental affect, due to sedimentation from the construction site. Mayor Parks stated the City's Grading Ordinance does address erosion control Mayor Parks closed the public hearings at 9:07 PM. It was moved by Councilmember Birdsall, seconded by Councilmember Moore to approve staff recommendation with modified conditions of approval for Items 15 and 16 as follows: 15.1 Adopt a Negative Declaration for Parcel Map No. 25139. 15.2 Adopt a resolution entitled: Minut®e\ 12~ 10\91 City Council Minutes December 10. 1991 RESOLUTION NO. 91-123 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25139 TO SUBDIVIDE A 97.3 ACRE PARCEL INTO 66 PARCELS AND A 6.8 ACRE OPEN SPACE AREA LOCATED SOUTHWESTERLY OF THE FUTURE EXTENSION OF DIAZ ROAD AND SOUTHEASTERLY OF THE FUTURE EXTENSION OF CHERRY STREET AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-018 Additional Conditions of Approval for Parcel Map :25139 The condition dealing with street grade shall have, "or as approved by the City Engineer", added. The Conditions which call for Reimbursement Agreements shall have, "prior to issuance of building permit". A new condition was added to read, "Developer agrees to maintain all roadways until 51% of lots are sold. 16.1 Adopt a Negative Declaration for Parcel Map No. 25408. 16.2 Adopt a resolution entitled: RESOLUTION NO. 91-124 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING PARCEL MAP NO. 25408 TO SUBDIVIDE A 36.2 ACRE PARCEL INTO 20 PARCELS AND A 6.52 ACRE OPEN SPACE AREA LOCATED ON THE WEST SIDE OF DIAZ ROAD AND SOUTHWESTERLY OF THE FUTURE EXTENSION OF WINCHESTER ROAD AND KNOWN AS ASSESSOR'S PARCEL NO. 909-120-026 Additional Conditions of Approval for Parcel Map :25408 Graded but undeveloped land shall be maintained in a weed-free condition and shall be either planted with interim landscaping or provided with other erosion control measures as approved by the Director of Building and Safety. The condition dealing with street grade shall have, "or as approved by the City Engineer", added. The Conditions which call for Reimbursement Agreements shall have, "prior to issuance of building permit". A new condition was added to read, "Developer agrees to maintain all roadways until 51% of lots are sold. City Council Minutes December 10. 1991 14. AYES: NOES: ABSENT: COUNCIL BUSINESS 17. The motion was carried by the following vote: AYES: 4 NOES: 1 ABSENT: 0 COUNCILMEMBERS: Birdsall, Moore, Mu~oz, Parks COUNCILMEMBERS: Lindemans COUNCILMEMBERS: None Adol~tion of an Adult Business Ordinance Gary Thornhill, Director of Planning, presented the staff report. Councilmember Mu~oz questioned the wisdom of including a potential site in an area such as Palomar Village, which is surrounded by residential usage. Gary Thornhill stated that each application requires a Conditional Use Permit, which must be approved on a case by case basis by the Planning Commission. Mayor Parks opened the public hearing at 9:12 PM. Hearing no requests to speak Mayor Parks closed the public hearing at 9:12 PM. It was moved by Councilmember Lindemans, seconded by Councilmember Moore to read by title only and introduce an ordinance entitled: ORDINANCE NO, 91-44 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, REPEALING PORTIONS OF THE NON-CODIFIED RIVERSIDE COUNTY ORDINANCE'S AND ADDING CHAPTER 5.05 TO THE TEMECULA MUNICIPAL CODE PERTAINING TO THE REGULATION OF ADULT BUSINESSES The motion was carried by the following vote: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None Election of Mayor It was moved by Councilmember Lindemans, seconded by Mayor Parks to nominate Patricia H. Birdsall as Mayor for the year 1992. Minutes\ 12\ 10\91 - 1 O- City Council Minutes December 10. 1991 18. 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 Election of Mayor Pro Tempore It was moved by Councilmember Birdsall, seconded by Mayor Parks to nominate Karel Lindemarts as Mayor Pro Tempore for the year 1992. Councilmember Mu~oz stated the Councilmember Lindemans was the City's first Mayor Pro Tem and he feels these positions should be rotated among the rest of the Councilmembers. Mayor Parks called a brief recess at 9:18 PM to change the tape. The meeting was reconvened at 8:19 PM. The motion was carried by the following vote: AYES: NOES: I 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks ABSENT: RECESS COUNCILMEMBERS: Mu~oz 0 COUNCILMEMBERS: None Mayor Parks called a recess at 9:23 PM to proceed with the Community Services District election of officers. The meeting was reconvened following the election at 9:34 PM. 19. Adjustment of City Council Compensation (Pursuant to Government Code Section No. 36516) Mayor Pro Tern Birdsall stated she feels it is inappropriate to take this action due to present economic conditions. Councilmember Mu~oz stated he concurs this is not the appropriate time. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Lindemans to take no action. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks NOES: 0 COUNCILMEMBERS: None City Council Minutes ABSENT: 20. 0 COUNCILMEMBERS: None 21. December 10. 1991 Appointment of Public Safety Commission Member June Greek, City Clerk, presented the staff report. Councilmember Mu~oz spoke in favor of candidate Deborah Holliday, stating he feels a female viewpoint would be useful on this Commission and he feels her experience in Substance Abuse Programs would be valuable to the Commission. Councilmember Lindemans spoke in support of Ron Perry, citing his vast experience in the field of amateur radio. He also noted that the Council has received a letter from the Chamber of Commerce in support of this candidate. Mayor Parks stated that he supports Ron Perry, and pointed out that Mr. Perry set up the Emergency Ham Radio Operation system for the City. It was moved by Councilmember Moore, seconded by Mayor Pro Tem Birdsall to appoint Ron Perry as a member of the Public Safety Commissioner for a term of three years. The motion was carried by the following vote: AYES: 4 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Parks NOES: I COUNCILMEMBERS: Mu~oz ABSENT: 0 COUNCILMEMBERS: None Appointment of Councilmembers of Various General Plan and Specific Plan Committees Mayor Parks requested that this item be continued to the meeting of December 17, 1991. Gary Thornhill, Director of Planning, requested that Councilmembers be appointed to the Old Town Specific Plan Selection Committee because interviews are scheduled the following week. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Moore to appoint Mayor Parks and Councilmember Lindemarts to the Old Town Specific Plan Selection Committee. The motion was carried by the following vote: ABSENT: Minutes~ 12\ 10\91 AYES: 5 NOES: 0 0 COUNCILMEMBERS: Birdsall, Lindemans, Moore, Mu~oz, Parks COUNCILMEMBERS: None COUNCILMEMBERS: None -12- City Council Minutes 22. 23. December 10. 1991 It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Moore to continue selection of the General Plan Technical Subcommittee and the Old Town Advisory Committee to the meeting of December 17, 1991. The motion was carried by the following vote: AYES: 5 COUNCILMEMBERS: Birdsall, Lindemarts, Moore, Mur~oz, Parks NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None Changes in Policy Guidelines for Old Town Historic Review Board Mark Ochenduszko, Assistant City Manager, introduced the staff report. Mayor Parks suggested that changes be made in the policy guidelines to appoint an alternate to a full three year term, with the power to vote in the absence of any one member, or if a member abstains. City Manager Dixon cautioned the Council, stating that this alternate member should be present and current on all matters if planning to vote. It was moved by Mayor Pro Tem Birdsall, seconded by Councilmember Moore to make changes in the policy guidelines to appoint an alternate to a full three year term, with the power to vote in the absence of any one member, or if a member abstains. 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 Acceptance of Offer of Dedication - Portion of Via Las Colinas Tim Serlet, Director of Public Works, presented the staff report. It was moved by Councilmember Lindemans, seconded by Mayor Pro Tem Birdsall to adopt a resolution entitled: RESOLUTION NO, 91-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING AN OFFER OF DEDICATION OF A PORTION OF VIA LAS COLINAS AND ACCEPTING SAME INTO THE CITY MAINTAINED STREET SYSTEM City Council Minutes 24. Status Report on French Valley Airport December 10, 1991 City Manager Dixon presented the staff report. Mayor Parks stated that since he only received this report tonight, he would like to continue the matter for one week. By consensus of the City Council, this matter was continued for one week to the meeting of December 17, 1991. CITY MANAGER REPORTS None given. CITY ATTORNEY REPORTS None given. CITY COUNCIL REPORTS Councilmember Moore announced she has been appointed to the League of California Cities Housing Committee for the third year. Councilmember Lindemans requested that Ron Perry be sworn in at the next City Council meeting. ADJOURNMENT It was moved by Councilmember Lindemans, seconded by Councilmember Moore to adjourn at 10:00 PM to an Executive Session on December 17, 1991 at 5:30 PM at the Main Conference Room, City Hall. Ronald J. Parks, Mayor ATTEST: Ju(~~. Greek, City Clerk [SEAL] Minute=\12\10\91 -14-