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HomeMy WebLinkAbout041100 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEIViECULA CITY COUNCIL APRIL 11, 2000 The City Council convened in Closed Session at 6:30 P.M. The City Council convened in a regular meeting at 7:01 P.M., on Tuesday, Apdl 11, 2000, in the City Council Chambers of Temecula City Hall, 43200 Business Park Ddve, Temecula, California. Present: Absent: Councilmembers: Councilmember: Naggar, Pratt, Comerchero. Roberts and Stone. Mayor Pro Tem Comerchero informed the attending and viewing public that Mayor Stone and Councilman Roberts are presenting the City of Temecula in Japan. PRELUDE MUSIC The prelude music was provided by Kurt Jordan. INVOCATION The invocation was given by Pastor Marty Edwards of the Lamb's Fellowship. ALLEGIANCE The salute to the Flag was led by Mayor Pro Tem Comerchero, PRESENTATIONS/PROCLAMATIONS Certificate of Achievement to Temecula Golden Bears Soccer Team - CIF Championships Thanking the City Council for the recognition, Mr. Robert Skinner, coach of the Team, and several of the team members were in attendance to accept the Certificate. 2000 National Crime Victims' Ri.qhts Week Proclamation · Mayor Pro Tern Comerchero proclaimed Apdl 9 - April 15, 2000, as "National Crime Victims' Rights Week., Certificate of Appreciation to Mr. Dennv Miqhell As former Old Town Local Review Board Member, Mr. Mighell, with appreciation, accepted the Certificate. R:\Minutes\041100 1 PUBLIC CONII~IENTS Commenting on the soccer league issue of needed fields, Mr. William Kelley, 31542 Via Cados, thanked Community Services Director Parker for addressing the matter and noted that the issue of cencem is not the soccer players but the traffic created as a result. Echoing Mr. Kelley's comments, Ms. Alison McGuire, 31535 Via Cordoba, spoke in support of the soccer league but commented on the impacts the traffic is having on the neighborhood. Understanding the residents' concerns, Mr. Wayne Farguherson, 31789 Loma Linda Road, Vice President of Temecula Valley Soccer Association, relayed the Association's primary desire for additional fields; so that the children may have the opportunity to play. He encouraged the City to construct additional parks with lights and suggested that such parks be constructed in the business area; so that the residents will not be negatively impacted by the lights. D= Ms. Hillary DeCad, 33475 Vino Way, a soccer player, requested that the children be permitted to play soccer at Ken Hintergardt Park. Viewing that, in his opinion, the City is growing too rapidly and, therefore, unable to ensure the adherence of code requirements, Mr. Raymond Merrill, 40392 Calle Katerine, apprised the City Council and the public that he has purchased a home which has numerous code violations which were, in his opinion, due to the developer's and City's neglect. Echoing Mr. Merrill's comments, Mr. Nick Bavaro, 40371 Calle Katerine, as well shared code violations with regard to garage sizes and wiring and which, in his opinion, were overlooked by the developer and the City of Temecula. Have discussed the code violation matter with Chief Building Official Elmo, Mayor Pro Tem Comerchero provided a brief update, advising that staff has met with the homeowners association, the developer (U.S. Homes), and City Attorney; that U.S. Homes has been notified, by letter (a copy of which will be provided to the homeowners), that the two required parking garages must be 10' x 20'; that U.S. Homes has orally indicated a willingness to comply with this requirement; and that with respect to the third car space, the City has consistently interpreted, as per Code, that the 10' x 20' requirement does not apply. Mr. Comerchero also advised that Chief Building Official Elmo will be doing an inspection on Apdl 12, 2000 and that the wiring issue will as well be addressed to ensure its compliance to Code. Mayor Pro Tem Comerchero requested that staff keep the Council apprised of the matter. W~th regard to the proposed ordinance relative to wild and exotic animals, Mr. Terrel Paine, 43750 Los Caballos Road, noted that, in his opinion, the proposed ordinance is vaguely worded and that the City Council has an obligation in protecting the rights of its citizens. Mayor Pro Tem Comerchere clarified that the discussion of a proposed ordinance has been continued to the Apd125, 2000, City Council meeting, R:\Minutes\041100 2 L= N, Qe Ms. Pat Ommert, 43250 Los Corralitos, spoke in support of circuses and encouraged the City Council to vote in opposition of banning circuses from the City. Mr. Raul Herrera, 33243 Fox Road, relayed the problems he and some other residents have incurred with obtaining the 2000 Census Form. Addressing the City's park acreage standard, Mr. Roger Wall, 31685 Via Cordoba, encouraged the City to revise its 1993 Demand Analysis and General Plan in order to better satisfy the current and future demands for recreational sport fields. Echoing previously made comments, Ms. Lisa Mittenberger, 31554 Via San Cados, as well commented on the need for additional playing fields and briefly expanded on the scheduling difficulties. Advising that the City Council is addressing the situation at Via Cordoba and that parking will be expanded at Ken Hintergardt Park, Councilman Naggar extended appreciation to the homeowners and the soccer league for their efforts in trying to resolve this issue. Mayor Pro Tern Comerchero as well commented on the continuous efforts, on the part of the City, to provide soccer fields. Advising that the additional police enforcement on Via Cordoba has helped, Mr. Chades Hankley, 31745 Via Cordoba, noted no objection to the soccer league utilizing Ken Hintergardt Park but he requested that those associated with utilizing the park be considerate of the residents and not speed through the neighborhood. Commenting on the benefits the gunfighters present to the community, Mr. Otto Baron, 28681 Pujol Street, encouraged the City Council to approve the gunfighters presentation for Western Days in Old Town. Ms. Adal Baron, 28681 Pujol Street, as well requested that the gunfighters be permitted to display their talents for Western Days in Old Town. Addressing the City's Website, Ms. Pamela Miod, 31995 Via Saltio, expressed some concem with regard to the displayed aerial picture which depicts a location not within the City of Temecula and requested that the Growth Management Plan issues be more clearly visible to the public. Also addressing code violation concerns as it relates to U.S. Homes, Ms. Diane Leslie, 40334 Calle Katefine, commented on, in her opinion, the City's rapid growth and requested the City's support in ensuring these issues are corrected. Ms. Pauline Nelson, 30033 DePortola, reiterated previously voiced concerns with regard to the City's need for additional playing fields. W~th regard to Ken Hintergardt Park, Mayor Pro Tem Comerchero advised that this park, when originally planned, was designed as a passive park for the neighboring residents but because of the increasing need for fields, the park was made available to the soccer leagues. He noted that efforts are being undertaken to install additional parking at the park. R:\Minutes\041100 3 CITY COUNCIL REPORTS Commenting on the benefits of such a wonderful program, Councilman Pratt advised that he had attended the Student of the Month Award program. Relaying his future efforts to obtain additional funding from the State for infrastructure, Councilman Naggar commended Mr. Dave Downey, from The Californian, on his article with regard to future traffic and its impacts, noting that such articles will further bring the issue of concem to light. Although not serving on the Council Subcommittee (comprised of Mayor Pro Tem Comerchero and Councilman Roberts), which addressed the gunfighter presentation for Western Days, Councilman Naggar questioned whether it has been considered that the gunfighter presentation be designated to one particular area, making it available to those individuals who would like to view the presentation. In response to Councilman Naggar, Mayor Pro Tem Comerchero advised that the Council Subcommittee has attempted to address all viewpoints and explore all possible alternatives but advised that the gunfighters have not maintained communication with the subcommittee. Having recently attended a General Plan Advisory Committee Meeting, Mayor Pro Tern Comerchero advised that the City's input is being considered but relayed concern with the Board's proposed adoption of an interim policy on May 18, 2000, to continue to approve zone changes, General Plan amendments, and approving new Specific Plans with upzoning. Mr. Comerchero noted that it is the City's desire that no such changes be approved until the completion of the Riverside County Integrated Plan and advised that efforts are being undertaken to apprise other cities within the Region in order to obtain support for denial of such an interim policy. W~th regard to the antenna which was erected near the water tower, Mayor Pro Tern Comerchero commented on its appearance and questioned whether all imposed conditions of approval have been met. Staff noted that the matter would be explored. F= For Councilman Naggar, City Attorney Thorson advised that the City's moratorium on the erection of such antennas will be in effect for one year from its approval date. CONSENT CALENDAR With regard to Consent Calendar Item Nos. 7-10 (approval of Parcel/Tract Maps), Councilman Pratt advised that although these approvals are ministerial in nature, residents have expressed concerns as to how such approvals may impact the City's Growth Management Plan. In response to Councilman Pratt, Deputy City Manager Thornhill provided clarification with regard to proposed recommendations to approve these Parcel/Tract Maps, which is a mandatory ministerial act under State law and noted that as long as these maps are consistent with prior approvals, which are preempted by the State of California, the City, at this point in time, may not negotiate density, design, etc. R:\Minutes\041100 4 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 Approve the minutes of February 22, 2000. 3 Resolution Approvinq List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 2000-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 City Treasurers Report as of February 29, 2000 RECOMMENDATION: 4.1 Receive and file the City Treasurers report as of February 29, 2000. 5 Records Destruction Approval RECOMMENDATION: 5.1 Approve the scheduled destruction of certain City records in accordance with the City of Temecula approved Records Retention Policy. 6 Pavement Ovedav - Chardonnav Hills RECOMMENDATION: 6.1 Approve authorization for the Director of Public Works to negotiate a reimbursement agreement with Lennar Communities in an amount of $116,050 to complete the concrete repair and A.C. pavement overlay for Tract No. 23100-3 and portions of Tract No. 23103 in the Chardonnay Hills area of the City. R:\Minutes\041100 5 7 Parcel Map No. 29309 (located at the northwest comer of Winchester and Rodpau.qh Roads - a portion of the Wsnchester Meadows Shoppin¢l Center) RECOMMENDATION: 7.1 Approve Parcel Map No. 29309 in conformance with the conditions of approval. 8 Tract Map No. 28482-1 (located south of Royal Birkdale Drive, east of Temeku Drive, west of Meadows Parkway, and north of Rancho California Road in the Marcladta VillaGe Specific Plan No. 199) RECOMMENDATION: 8.1 Approve Tract Map No. 28482-1 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. (Pulled for separate discussion; see page 8.) 9 Tract Map No. 28482-2 (located south of Royal Birkdale Drive, east of Temeku Ddve, west of Meadows Parkway, and north of Rancho California Road in the Marclarita VillaGe Specific Plan No. 199) RECOMMENDATION: 9.1 Approve Tract Map No. 28482-2 in conformance with the conditions of approval; 9.2 Approve the Subdivision Improvement Agreement; 9.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as security for the agreements. 10 Tract Map No. 28810 (located south of Marclarita Road, east of Moraqa Road, west of Avenida Cima Del Sol) RECOMMENDATION: 10.1 Approve Tract Map No. 28810 in cenformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as secudty for the agreements. R:\Minutes\041100 6 11 Completion and Acceptance for the FY99-00 Pavement Manaqement System - Proiect No. PW99-07 RECOMMENDATION: 11.1 Accept the project for the FY99-00 Pavement Management System - Project No. PW99-07 - as complete; 11.2 File a Notice of Completion, release the Performance Bond, and accept a one-year Maintenance Bond in the amount of 10% of the contract; 11.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion, if no liens have been filed. 12 Second Reading of Ordinance No. 2000-02 (Zoninq Map Amendment) RECOMMENDATION: 12.1 Adopt an ordinance entitled: ORDINANCE NO. 2000-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP TO CHANGE THE ZONING FROM SP (SPECIFIC PLAN) TO LOW MEDIUM (LM) DENSITY RESIDENTIAL ON THE PROPERTY LOCATED ON THE EAST SIDE OF MARGARITA ROAD AT THE NORTHERN CITY LIMIT AND KNOWN AS ASSESSOR'S PARCEL NUMBER 9t 1-640-003 (PLANNING APPLICATION NO. PA99-0245) MOTION: Councilman Naggar moved to approve Consent Calendar Item Nos. 1-7, 9, and 11- 12 (Item Nos. 8 and 10 were pulled). The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone and Councilman Roberrs who were absent. CONSENT CALENDAR ITEMS CONSIDERED UNDER SEPARATE DISCUSSION 8 Tract Map No. 28482-1 (located south of Royal Birkdale Drive, east of Temeku Drive, west of Meadows Parkway, and north of Rancho California Road in the MarCladta VillaQe Specific Plan No. 199) RECOMMENDATION: 8.1 Approve Tract Map No. 28482-1 in conformance with the conditions of approval; 8.2 Approve the Subdivision Improvement Agreement; 8.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond and Monument Bond as security for the agreements. Public Works Director Hughes presented an overview of the staff report (as per agenda material). R:\Minutes\041100 7 Advising that the public does not understand the approval process for Tract Maps, Ms. Pamela Miod, 31995 Via Saltio, representing Citizens First of Temecula Valley, requested that the public be more informed as to the procedure by way of the Website and the newspapers. Addressing Ms. Miod's comments as to public awareness, City Manger Nelson advised that at every second City Council meeting of the month status reports will be presented, by the City Council, with regard to the three advisory committees of the RCIP; that a workshop has been scheduled with the County for April 27, 2000; and commented on the Website which could be utilized by the public as well as the quarterly publication which will be sent to the residents. Mayor Pro Tem Comerchero welcomed Ms. Miod to submit information pertinent to the quarterly publication and noted that any resident may call City Hall, at any time, in an effort to receive additional information. MOTION: Councilman Naggar moved to approve Consent Calendar Item No. 8. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone and Councilman Roberts who were absent. 10 Tract Map No. 28810 (located south of Margarita Road, east of Mora~a Road, west of Avenida Cima Del Sol) RECOMMENDATION: 10.1 Approve Tract Map No. 28810 in conformance with the conditions of approval; 10.2 Approve the Subdivision Improvement Agreement; 10.3 Approve the Subdivision Monument Agreement and accept the Faithful Performance Bond, Labor and Material Bond, and Monument Bond as secudty for the agreements. Councilman Naggar informed the public that with regard to this particular Tract Map, the Planning Commission in December 1998 reduced the density from 146 residential units to 80 single-family homes. MOTION: Councilman Naggar moved to approve Consent Calendar Item No. 10. The motion was seconded by Councilman Pratt and voice vote reflected approval with the exception of Mayor Stone and Councilman Roberts who were absent, At 8:20 P.M., the City Council convened as the Temecula Community Services Distdct and the Temecula Redevelopment Agency. At 8:25 P.M., the City Council resumed with regularly scheduled City Council business. CITY MANAGER'S REPORT With great pride, City Manager Nelson informed the community that the City of Temecula has received the following two awards: the Helen Putnam Award of Excellence for the Overland Bridge Project, noting the award will be presented at the League's Annual Conference; and the American Public Works Association Award for the Overland Bridge Project as it relates to speed in completion of the project, method of financing, and overall benefit to the community. Commenting on the additional police enforcement efforts on Via Cordoba, Police Chief Domenoe provided an update, noting the following: R:\Minutes\041100 8 o That additional enforcement was provided during four 4-hour shifts; o That additional shifts will be provided; o That dudng this time, speeding citations (ranging from 38 to 45 m.p.h.) and one stop sign citation were issued; o That the average motorist travels at a speed of 30 m.p.h. on Via Cordoba; o That of the 12 ticketed individuals, 8 lived in the general area; one was a resident of the street; and 3 lived outside of the area of concern. Advising that the Temecula Valley High School Interact Club sponsored a Police Appreciation Day in cooperation with Sizzler Restaurant, Police Chief Domenoe extended his and the Police Officers' sincere appreciation. In closing, City Manager Nelson noted that in light of the City Council's direction, the proposed budget will include the submittal of another police officer who will specifically be dedicated to focus on neighborhood enforcement in residential areas. CITY ATTORNEY'S REPORT With respect to Closed Session, City Attorney Thorson advised that there were not reportable actions under the Brown Act. ADJOURNMENT At 8:31 P.M., the City Council meeting was formally adjoumed to Tuesday, April 25, 2000, at 7:00 P.M., City Council Chambers, 43200 Business Park Drive. Temecula, California. ATTEST:  jone~,~~''/~'= [SEAL-]::..' ~ ~j~J~effre~.Stone, Mayor R:\Minutes\041100 9