HomeMy WebLinkAbout012594 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
HELD JANUARY 25, 1994
A regular meeting of the Temecula City Council was called to order at 7:05 PM at the Temecula
Community Center, 28816 Pujol Street, Temecula, California. Mayor Ron Roberts presiding.
PRESENT 5
COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone,
Roberts
ABSENT: 0 COUNCILMEMBERS: None
Also present were City Manager David F. Dixon, City Attorney Scott F. Field, and City Clerk
June S. Greek.
!=XFCUTIVI= SFSSION
A meeting of the City of Temecula City Council was called to order at 5:37 PM. It was moved
by Councilmember Parks, seconded by Councilmember Mu~oz to adjourn to Executive Session
pursuant to Government Code Section 54956.9(c) regarding labor negotiations and Real Estate
Negotiations between City of Temecula and Bank of America Properties regarding land north
of Winchester and west of Diaz within Tract 21383. The motion was unanimously carried.
INVOCATION
The invocation was given by Pastor Sofia Sadler, Harvester Church of Temecula.
P! FDC, IF OF ALl !=C, IANCI=
The audience was led in the flag salute by Councilmember Mu~oz.
PUBLIC COMMr:NTS
John Dedovesh, 39450 Long Ridge Drive, spoke regarding the Used Car Lot which appears on
the weekend at Winchester and Margarita Roads.
Councilmember Mu~oz asked that the Chief of Police speak to this matter. Chief of Police Rick
Sayre stated that the Municipal Code does not permit towing of vehicles, however the vehicles
are being cited.
Councilmember Mu~oz asked staff to consider posting the property with "no parking" signs.
Sean Hall stated that more seats were needed in the Hall.
Minutes\ 1 \25\94 - 1 - 11/07/96
City Council Minutes January 25. 1994
CITY COUNCIl R;PORTS
Councilmember Birdsall stated she has asked City staff to assist with the continuing need of
the Salvation Army for cots and blankets to distribute to earthquake victims. She asked the
community to come forward with donations of cots, blankets and dried food and bring it to City
Hall by 5:00 PM on Friday, January 28th. She announced that if delivery before 5:00 PM is not
possible, donations will be accepted at Fire Station 73 after 5:00 PM. She stated that
donations in the form of checks can be made out to the Red Cross and the Salvation Army.
Mayor Pro Tem Stone announced the dedications of three new parks in the City. He also asked
staff to look into the traffic problems on Highway 79 and Pala Road.
CONS;NT CAL;NDAR
Councilmember Mu~oz removed Item No. 4 from the Consent Calendar.
Councilmember Parks asked if the recommendation on Item 9 is only during school hours.
Director of Public Works Tim Serlet stated there will be no parking on Margarita during school
hours, but Rancho Vista will be no parking at all times.
Councilmember Mu~oz asked on Item No. 5 if the bonds included clean-up of Santa Gertrudis
Creek. Director of Public Works Serlet stated this covers street, water and sewer
improvements.
Councilmember Mu~oz asked for an explanation of Item No. 7. Mr. Serlet stated the Warranty
Bond will remain in effect until repairs in the pavement are made.
It was moved by Councilmember Parks, seconded by Councilmember Stone to approve Consent
Calendar Items 1-3 and 5-12.
The motion carried by the following vote:
AYES:
5 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone, Roberts
NOES:
0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
1. Standard Ordinance Adoption Procedure
1.1
Motion to waive the reading of text of all ordinances and resolutions
included in the agenda.
2. Minutes
2.1
Approve the minutes of January 11, 1994.
Minutes\l \25\94 -2- 1 1/O7/96
City Council Minutes January 25, 1994
o
Resolution AD0roving List of Demands
3.1
Adopt a resolution entitled:
RESOLUTION NO. 93-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING
CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
Release Faithful Performance Warranty Bond in Parcel MaD 73561-1
5.1
Authorize the release of Street, Water and Sewer Improvement Faithful
Performance Warranty Bond in Parcel Map No. 23561-1, and direct the
City Clerk to so advise the Clerk of the Board of Supervisors.
Release Faithful Performance Warranty Bond in Parcel Map No. 73561-?
6.1
Authorize the release of Street, Water and Sewer Improvement Faithful
Performance Warranty Bond in Parcel Map No. 23561-2, and direct the
City Clerk to so advise the Developer and Surety.
Release Material and labor Security in Parcel Mal;) No. 21592
7.1
Authorize the release of Material and Labor Security for Street, Sewer
and Water Improvements in Parcel Map No. 2592, and direct the City
Clerk to so advise the Clerk of the Board of Supervisors.
Murrieta Creek Channel. Stage One. Cool~erative Agreement
8.1
Authorize the Mayor to sign the Agreement with Riverside County Flood
Control and Water Conservation District (RCFC & WCD) and Electrend,
Inc., dba ECI, for the Irrevocable Offer of Dedication and eventual fee title
transfer to RCFC & WCD, to certain rights of way along Murrieta Creek,
at such unknown time in the future when the property is needed for the
construction, inspection, operation, and maintenance of the Murrieta
Creek Channel.
No Parking 7ones on Margarita Road and Rancho Vista Road Adjacent to Temecula
Valley High School
9.1
Adopt a resolution entitled:
Minutes\l \25\94 -3- 11/07/96
City Council Minutes Januarv 25. 1994
RESOLUTION NO. 94-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ESTABLISHING "NO PARKING" ZONES ON MARGARITA ROAD AND RANCHO
VISTA ROAD
10. Award of Contract for Margarita Road Sidewalk Improvements (Project No. PW93-08)
10.1
Approve the plans and specifications and award a contract for the
Margarita Road Sidewalk Improvements, Project PW93-08, to Joslen
Construction for $17,659.00, and authorize the Mayor to execute the
contract;
10.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $1,765.90, which is equal to 10% of the
contract amount.
11.
Summary Vacation of a Portion of Campanula Way Subject to the Condition that a
Realigned Campanula Way be Offered for Dedication
11.1
Adopt a resolution entitled:
RESOLUTION NO. 94-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
CALIFORNIA, TO SUMMARILY VACATE A PORTION OF CAMPANULA WAY
SOUTHERLY OF DE PORTOLA ROAD BETWEEN MARGARITA ROAD AND
MEADOWS PARKWAY PURSUANT TO THE AUTHORITY PROVIDED BY
CHAPTER 3, PART 3, DIVISION 9 OF THE STREETS AND HIGHWAY CODE,
SUBJECT TO THE ASSOCIATED OFFER OF DEDICATION OF REALIGNED
CAMPANULA WAY
SECOND READING OF ORDINANCES
12.
Second Reading of Ordinance 94-01. Regarding Prima Facie Speed limits on Certain
Streets
12.1
Adopt an ordinance entitled:
ORDINANCE NO. 94-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28 OF THE TEMECULA MUNICIPAL CODE REGARDING
PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS
Minutes\l \25\94 -4- 11/07/96
Citv Council Minutes Januarv 25. 1994
1993-94 Fire Protection Agreement
Councilmember Mu~oz questioned the need for expenditures funds over and above
amounts collected from Structural fire tax.
Finance Officer Mary Jane McLarney stated that currently the expenditures for fire
services are included in the general fund.
Battalion Chief John Winder stated that current expenditures are due in large part to
increased staffing levels and when the new fire station opens, these levels will need to
be considered.
City Manager Dixon stated currently extra funding comes from the general fund and
staff has done everything possible to provide desired services without the need to raise
taxes.
It was moved by Councilmember Mu~oz, seconded by Mayor Pro Tem Stone to approve
staff recommendation as follows:
4.1
Approve the Fiscal Year 1993-94 Fire Protection Agreement with the
Riverside County Fire Department and authorize the Mayor to execute the
contract.
The motion was unanimously carried.
PUBIIC HIFa, RINGS
13.
Sl~ecific Plan No. 164. Amendment No. 2 ¢PA93-0145) and Tentative Tract Mai~ No.
97827 (PA93-0144). Roril~augh
Director of Planning Gary Thornhill presented the staff report.
Mayor Roberts opened the public hearing at 7:38 PM.
Leo Roripaugh, applicant, P.O. Box 2, addressed the City Council requesting approval
of the project based on the need for affordable housing.
Sanford Edward, 110 Newport Center Drive, representing the applicant, spoke in favor
of the project. He showed a series of slides showing existing apartments which have
the same zoning as is currently on the site as well as examples of projects similar to
what is being proposed which are located in other areas of southern California.
Minutes\l \25\94 -5- 11/07/96
City Council Minutes Januarv 25. 1994
RFCFSS
Mayor Roberts called a brief recess at 8:00 PM to change the tape. The meeting was
reconvened at 8:02 PM.
Donald O. Lohr, 43513 Ridge Park Drive, spoke in favor of the project, based on its
consistency with the City's General Plan.
Jack Babcock, 27461 Bolandra Court, spoke in favor of the project, stating he feels this
project will enhance the value of surrounding property. He also had no objections to the
proposed "alleys".
John Dedovesch, 39450 Long Ridge Drive, spoke in favor of the project based on the
single family designation.
Richard C. Kurtz, 43500 Ridge Park Drive, spoke in favor of the project, based on
property rights of owners to develop property, and the single family designation.
John Moramarco, P.O. Box 906, spoke in favor of the project.
Susan R. Sousa, 40123 Cannes Court, spoke in opposition to the project and presented
a petition containing 500 signatures.
Ed Mowles, 27575 Dandelion Court, spoke in opposition to the project and presented
a letter outlining the concerns of the Roripaugh Homeowners Association.
Ronald S. Hebdon, 30484 Sierra Madre Drive, representing the Amberwood Association,
spoke in opposition based on concerns regarding the proposed alleys.
Kathy Miller, 40156 Tanager Circle, spoke regarding concern over loss of open space
in the area and stated that developers in the past have not been honest to residents
regarding existing conditions on the surrounding property.
lan Wilson, 30225 Sierra Madre Drive, spoke in opposition to the project based on the
proposed density.
John Kiester, 39868 N. General Kearny Road, representing the Van Daele Ad Hoc
Homeowners Association, spoke in opposition and asked that final decision be
continued.
R~C~SS
Mayor Roberts called a recess at 8:43 PM. The meeting was reconvened at 8:57 PM with all
members present.
Gary Sousa, 40123 Cannes Court, spoke in opposition to the project.
Minutes\l \2.5\94 -6- 11/07/9§
City Council Minutes Januarv 25. 1994
Bruce Weckesser, 27441 Bolandro Court, spoke regarding the need for fire protection
on the East Side of the freeway. He spoke in opposition to the change from
office/professional designation to high density residential.
Garrett Burke, 27498 Jimson Circle, spoke in opposition to the project based on the
current availability of low cost housing in Temecula.
Cecelia Axton, 30169 Sierra Madre Drive, spoke in opposition to the project and
presented the City Clerk with lan Wilson's report.
R;C;SS
Mayor Roberts called a recess at 9:16 PM to change the tape. The meeting was
reconvened at 9:18 PM.
Larry Synder, 40122 Cannes Court, spoke in opposition to the project based on the alley
concept.
Richard W. Bacon, 39721 Barberry Court, stated the CC&R's have not yet been written
for the project and requested a continuance.
Robert Faille, 30209 Sierra Madre Drive, spoke in opposition.
Ray Borel, 37615 Leon Road, Murrieta, spoke in favor of the project and asked that the
Council protect the property rights of Mr. Roripaugh.
Michael Perry, 1250 Prospect Street, La Jolla, developer of Lot 7, spoke in favor of the
project.
Sanford Edward spoke in rebuttal to the points made during the presentation. He stated
that CC&R's will be developed after the project is approved. He stated a project is not
proposed currently in Planning Area 8, and stated the developers are willing to
compromise in the density and agree to a Town House Project. He stated the applicant
is willing to eliminate the parking at the park if desired, and place two handicapped
parking spaces in the street. He also stated the Temecula Valley School District did
review the project and favored the lower density. He explained that each house will
include a fenced back yard, allowing room for children to play in their own yards. He
urged approval of the project, stating he feels it is in the best interest of the community.
Councilmember Mu~oz inquired regarding lighting of alleys. Mr. Edward stated that
lights are on automatic timers and maintained by the Homeowners Association, not
individual property owners.
Councilmember Mu~oz asked if this could be a gated community. Mr. Edward explained
that to gate this development would require the streets to be private and the costs
would be prohibitive for low income housing.
Minutes\l \25\94 -7- 11/07/96
City Council Minutes January 25. 1994
Director of Planning Thornhill suggested strengthening Condition 12 D. F. to require light
poles be installed and maintained in the alleyways by the homeowners association.
Mayor Pro Tem Stone asked that Chief Sayre address safety issues regarding alleys.
Chief Sayre stated that the manner in which the homeowner's association maintains the
alleys is critical. If they are not maintained, problems can occur.
Councilmember Parks questioned the truth in lending requirements. Mr. Edwards
answered, by State law a White Report must be given to all prospective homeowners.
Councilmember Mu~oz suggested that a summary of the most critical points be placed
at the front of the White Report to better inform prospective homeowners of conditions
affecting the property.
Councilmember Parks stated he feels this project goes along with the Village Concept,
with more access to pedestrian and bike shopping, within residential areas.
Councilmember Birdsall stated that Council has given strong direction that they are
interested in discouraging future multi-family housing.
Mayor Pro Tem Stone summarized the concerns as follows: alleys, pricing of homes,
parking at the park and the permanent restrooms. He stated he feels the City needs
some type of assurance that this area not be developed as multi-family, and suggested
that Planning Area 8 remain Office/Professional.
Due to the lateness of the hour, Mayor Roberts reviewed the agenda for items that could be
continued to future meetings. It was moved by Councilmember Mu~oz, seconded by Mayor
Pro Tern Stone to extend the meeting until 11:00 PM and to continue Items 14-17. The motion
was unanimously carried.
R;C;SS
Mayor Roberts called a brief recess at 10:14 PM to change the tape. The meeting was
reconvened with all members present at 10:15 PM.
Councilmember Mu~oz stated he feels that this project is more beneficial to the
community than a multi-family development, but does share concerns regarding
accepting Planning Area 8 as a high density area.
It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve
staff recommendation, with modifications recommended by staff that pole lighting be
required, the White Report be strengthened and the density of Planning Area 8 be
readdressed.
Minutes\l \25\94 -8- 11/07/96
City Council Minutes January 25. 1994
City Attorney Field suggested that if it is Council's desire to change the designation on
Planning Area 8, this item should be continued since it would require a General Plan
Amendment.
Mayor Pro Tem stone asked how long a general plan amendment could take. City
Attorney Field answered 90-120 days.
Sanford Edwards stated that if the City Council wishes to readdress Planning Area 8,
they would be willing to accept a condition that new development could not go forward
in Planning Area 8 until the Council has had the opportunity to design a use which is
acceptable.
City Attorney Field requested a five minute recess to confer with the Planning Director.
Mayor Roberts declared a recess at 10:54 PM. The meeting was reconvened with all
members present at 11:00 PM.
Director of Planning Thornhill recommended changing Planning Area 8 to a not to
exceed four units per acre designation with the understanding that the City will initiate
a General Plan Amendment and the applicant will enter into a Memorandum of
Understanding with the City to initiate a specific plan amendment to change the land
use designation for Planning Area 8 to Office/Professional designation.
Mayor Pro Tern Roberts stated that he agrees with Office/Professional for Planning Area
8, but still has a concern with alleys. He stated he was hoping to continue this item to
work out this problem.
It was moved by Councilmember Birdsall to approve staff recommendation 13.1 and
13.2 with additional conditions requiring pole lighting in the alleys, to strengthen the
White Report to include a prominently displayed summary and with the understanding
that the Developers agree to a reduction in the density in Planning Area 8 to four (4)
dwelling units per acre. Further, that the Applicant will initiate a Specific Plan
Amendment and the City will initiate a General Plan Amendment to change the land use
designation for Planning Area 8 to office/professional.
13.1
Adopt a Negative Declaration for Specific Plan No. 164, Amendment No.
2 (PA93-0145) and Tentative Tract Map No. 27827 (PA 93-0144),
Roripaugh;
13.2
Read by title only and introduce an ordinance entitled:
ORDINANCE NO. 94-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SPECIFIC PLAN NO. 164, AMENDMENT NO. 2 {PA93-0145);
AMENDING SPECIFIC PLAN NO. 164 TO CHANGE THE ZONING FOR PLANNING
AREAS 7 (22.5 ACRES) AND 8 (10.1 ACRES) FROM VERY HIGH DENSITY
Minutes\l \25\9~t -9- 11/07/96
City Council Minutes Januarv 25. 1994
RESIDENTIAL (20 DWELLING UNITS PER ACRE) TO HIGH DENSITY RESIDENTIAL
(12 DWELLING UNITS PER ACRE), TO ADD A THREE (3) ACRE PARK AND
ADJUST THE BOUNDARIES BETWEEN PLANNING AREAS 7, 8 AND 9 LOCATED
ON THE NORTH WEST CORNER OF NICOLAS ROAD AND NORTH GENERAL
KEARNY ROAD
The motion carried by the following vote:
AYES:
4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone
NOES: I
COUNCILMEMBERS: Roberts
ABSENT: 0 COUNCILMEMBERS: No
Director of Public Works Tim Serlet stated that Condition No. 59 should read "east
bound traffic on Nicolas Road."
Councilmember Stone suggested that parking be allowed in the alleys, except on
scheduled trash pick-up days to alleviate parking problems on the streets.
It was moved by Councilmember Parks, seconded by Councilmember Birdsall to approve
staff recommendation 13.3 and 13.4 with changes to Conditions No. 49 to permit
parking within the alleys except during hours scheduled for trash pick up and Condition
No. 59 to modify the condition to read, "east bound traffic on Nicolas Road."
13.3
Adopt a resolution entitled:
RESOLUTION NO. 94-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING SPECIFIC PLAN NO. 164, AMENDMENT NO. 2 (PA93-0145);
AMENDING SPECIFIC PLAN NO. 164 TO CHANGE THE ZONING FROM
PLANNING AREAS 7 (22.5 ACRES) AND 8 (10.1 ACRES) FROM VERY HIGH
DENSITY RESIDENTIAL (20 DWELLING UNITS PER ACRE), COMMERCIAL AND
OFFICE TO HIGH DENSITY RESIDENTIAL (12 DWELLING UNITS PER ACRE) FOR
PLANNING AREA 7, LOW DENSITY RESIDENTIAL (4 DWELLING UNITS PER
ACRE) FOR PLANNING AREA 8, TO ADD A THREE (3) ACRE PARK AND ADJUST
THE BOUNDARIES BETWEEN PLANNING AREAS 7, 8 AND 9 LOCATED ON THE
NORTH WEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY
ROAD
13.4
Adopt a resolution entitled:
Mi nutes\ 1 \25\94 -10- 11/07/96
City Council Minutes Januarv 25. 1994
RESOLUTION NO. 94-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING TENTATIVE TRACT MAP NO. 27827 (PA93-0144) TO CREATE A
162 SINGLE FAMILY LOT SUBDIVISION PLUS A THREE (3) ACRE LOT FOR A
PUBLIC PARK WITHIN PLANNING AREA NO. 7 AND LOCATED ON THE NORTH
WEST CORNER OF NICOLAS ROAD AND NORTH GENERAL KEARNY ROAD
The motion carried by the following vote:
AYES:
4 COUNCILMEMBERS: Birdsall, Mu~oz, Parks, Stone
NOES: 1
COUNCILMEMBERS: Roberts
ABSENT: 0 COUNCILMEMBERS: No
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to extend the
meeting to 11:30 PM. The motion carried with Councilmember Birdsall in opposition.
COUNCIL BUSINESS
18.
Fxl;)enditure of Funds from CFD 88-17 for the Purchase of a Park Near the Intersection
of Margarita Road and Moraga Road
It was moved by Councilmember Mu~oz, seconded by Councilmember Parks to approve
staff recommendation as follows:
13.1
Approve a resolution entitled:
RESOLUTION NO. 94-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
REGARDING THE EXPENDITURE OF FUNDS FROM CFD 88-12 FOR THE
PURCHASE OF A PARK NEAR THE INTERSECTION OF MARGARITA ROAD AND
MORAGA ROAD
Mayor Pro Tern Stone stated he previously voted "no" regarding expending funds to
purchase this property, due to the purchase price, and would vote "no" on this item for
the same reason.
Councilmember Mu~oz stated he would abstain on this item, since he abstained on the
previous item.
Minutos\1\25\94 -11- 11/07/96
Citv Council Minutes Januarv 25. 1994
The motion carried by the following vote:
AYES: 3
NOES: 1
ABSENT: 0
ABSTAIN: 1
RFCFSS
COUNCILMEMBERS: Birdsall, Parks, Roberts
COUNCILMEMBERS: Stone
COUNCILMEMBERS: None
COUNCILMEMBERS: Mu~oz
Mayor Roberts called a recess to conduct the Community Services District Meeting and the
Temecula Redevelopment Agency Meeting at 11:10 PM. The meeting was reconvened
following these meetings at 11:15 PM.
It was moved by Councilmember Parks, seconded by Mayor Pro Tem Stone to open the public
hearings and continue Items 15 and 16 to the meeting of February 8, 1994; and
15. Old Town Sl~ecific Plan
16. Adol~tion of Temecula Municil;)al Code
continue Items 14 and 17 to the meeting of February 22, 1994.
14. Ordinance Amending I ~nd Use Code Regarding Plot Plans. Conditional Use Permits and
Public Use Permits
17. Fstablishment of a Vehicle Iml~ound Cost Recovery Fee
The motion was unanimously carried.
CITY MANAR!=R RFPORTS
None given.
CITY ATTORNFY R!=PORTS
City Attorney Field announced that in Closed Session, the City Council approved and authorized
the Mayor to execute the Settlement Agreement re: Lake Villages v. City of Temecula.
CITY COUNCl! RFPORTS
None given.
Minutes\l\25\94 -12- 11/O7/96
Citv Council Minutes Januarv 25. 1994
ADJOURNMFNT
Mayor Roberts adjourned the meeting at 11:20 PM to a special meeting on February 1, 1994,
7:00 PM, Temecula Community Center, 28816 Pujol Street, Temecula, California.
Ron Roberts, Mayor
ATTEST:
[SEAL]
Minutes\l \25\94 -13- 11/07/96