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HomeMy WebLinkAbout032895 CC MinutesMINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL HELD MARCH 28, 1995 A regular meeting of the Temecula City Council was called to order at 6:30 PM at the Community Recreation Center, 30875 Rancho Vista Street, Temecula, California. Mayor Jeffrey E. Stone presiding. PRESENT 5 COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Stone, Roberts ABSENT: 0 COUNCILMEMBERS: None Also present were City Manager Ronald Bradley, City Attorney Peter M. Thorson, and City Clerk June S. Greek. EXECUTIVF SESSION A meeting of the City of Temecula City Council was called to order at 5:12 PM. It was moved by Councilmember Parks, seconded by Councilmember Roberts to adjourn to Executive Session pursuant to Government Code Sections: 1. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Assessor's Parcel Number 922-023-020, a City owned site located on Sixth and Front Street; Negotiating parties: City of Temecula and Edward and Kathleen Dool; Under negotiation: price and terms of payment. 2. §54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATOR, Property: Rancho West Apartments, 42200 Main Street, Negotiating Parties: Temecula Redevelopment Agency and Resolution Trust Corporation (RTC); Under negotiation: price and terms of payment. 3. §54956.9(b), Claim of City against Rancho Core Associates I. The motion was unanimously carried. Mayor Stone left the Closed Session at 5:14 due to a potential conflict of interest and rejoined the meeting at 6:05 PM. INVOCATION The invocation was given by Reverend Marty Edwards, The Lamb's Fellowship. P! EDGF OF AI LEGlANCE The audience was led in the flag salute by Mayor Pro Tem Lindemans. Minutes\3\28\95 - 1 - 10/29/96 Citv Council Minutes March 28. 1995 PUB! IC COMM!::NTS Barbara Diamond, 45794 Corte Lerma, stated she lives in the Redhawk Development in the unincorporated area of the City and expressed disappointment that she was not able to vote in the election regarding Measure B. Carl Hanauer, 31010 Avenida Buena Suerte, addressed the City Council expressing concern regarding Conduit Financing. Councilmember Mu~oz asked if the financing portion of this project will be brought forward separately or as a part of the Development Agreement. City Manager Bradley responded the financing portion will be discussed at a workshop. Lynn Shoefiler, 30777 San Pasqual Road, expressed concern that graphic anti-abortion literature was left on her doorstep and asked community members to use discretion when distributing these types of materials. She also expressed concern that a man recently was passing out religious material on campus at the high school and suggested working with school officials to post no soliciting signs at schools. City Attorney Thorson addressed the literature issue and advised Mrs. Shoefiler that citizens can post no soliciting signs to assure these materials will not be left at a residence. He stated the other issue should be referred to the Police Department. Clifford W. Larson, 31130 S. General Kearny Road, introduced his pet Bull Dog and asked the Council to require cats as well as dogs be registered and licensed by the City. RECFSS Mayor Stone called a recess at 6:45 PM. The meeting was reconvened with all members present at 7:00 PM. City Attorney Thorson reported action was taken in closed session on Item No. 2 regarding the Rancho West Apartments. The Redevelopment Agency gave staff direction to enter into a letter of intent to continue negotiations. He further reported regarding Item No. 3 the claim against Rancho Core Associates I, the City Council authorized execution of release of claims and settlement of that action. The payment of the settlement was the payment by current owner BA Properties of the amounts outstanding of the claim of the Water District. PRESENTATIONS/ PROC! AMATIONS Councilmember Roberts presented the California Parks and Recreation Society Facility Design Award of Excellence to Mayor Stone. Mayor Stone introduced the Project Committee, (Timmy Daniels, Evelyn Harker, Tom Langley, Karel Lindemans, Ron Parks, Mary Jane McLarney, Shawn Minutes\3\28\95 -2- 10/29/96 City Council Minutes March 28. 1995 Nelson, Herman Parker and Rolfe Preisendanz), and thanked members of the CRC foundation for their continued contributions to projects in the City of Temecula. Mayor Stone proclaimed March 26 through April 1, 1995 to be "Architecture Week in Temecula." Mayor Stone proclaimed April, 1995 to be "Homebuyer Education Month." Jeff Gavitt, Bud Clarkson and Jayme Wood of the Association of Realtors, accepted the proclamation. CITY COUNCIl RFPORTS Mayor Pro Tem Lindemans asked that better directional signs be posted when streets are closed for street repair. Councilmember Roberts stated he attended a Riverside County Board of Supervisors meeting, with other Balloon and Wine Festival Board Members, and received a certificate of commendation. He announced the Balloon and Wine Festival will be held on April 28, 29 and 30 and invited the public to attend. Mayor Stone stated he met with homeowners near the Temecula Valley High School, on Calle Rio Vista, who presented him with a petition asking that an item be placed on the agenda to consider the problem of high school students parking in residential areas and also addressing the problem of speeding and illegal U-Turns. Councilmember Roberts suggested first directing this item to the Public/Traffic Safety Commission. CONSENT CA! FNDAR Councilmember Mu~oz recorded an abstention on Items 14, 15 and 16. Councilmember questioned the cost of attorneys fees for public nuisance on Item No. 4. City Attorney Thorson explained that the high cost was due to the difficulty in finding owners for the property and the necessity to get court abatement warrants in order to facilitate the abatement. Mayor Stone recorded an abstention on Item No. 7. City Clerk June Greek stated a request to speak form was turned in on Item No. 7. Russell D'Hondt, 31707 Via Saltio, expressed his feeling that all Redhawk residents should have been allowed to vote on the Measure B election. Minutes\3\28\95 -3- 10/28/96 Citv Council Minutes March 28. 1995 It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve Consent Calendar Items 1-19. The motion was unanimously carried with Councilmember Mu~oz abstaining on Items No. 14, 15 and 16 and Mayor Stone abstaining on Item No. 7. AYES: 5 NOES: ABSENT: COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberts, Stone 0 COUNCILMEMBERS: None 0 COUNCILMEMBERS: None 1. Standard Ordinance Adol;)tion Procedure 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Minutes 2.1 Approve the minutes of February 14, 1995. .. Resolution AD0roving List of Demands 3.1 Adopt a resolution entitled: RESOLUTION NO. 95-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Public Nuisance Abatement - 30301 Nicolas Road 4.1 Set a public hearing for April 25, 1995 at 7:00 PM. at 30875 Rancho Vista Road, for the purpose of confirming the cost to the City for the abatement of a public nuisance at 30301 Nicolas Road. Professional Services Contract Renewal for Video Production Services 5.1 Approve the professional services contract with Davlin for audio/video production services. 6. Records Destruction Re~luest Minutes\3\28\95 -4- 10/29/96 Citv Council Minutes March 28. 1995 6.1 Approve scheduled destruction of certain records as provided under the City of Temecula approved Records Retention Policy. Resolution Declaring Results of March 7. 1995 Election 7.1 Adopt a resolution entitled: RESOLUTION NO. 95-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ADVISORY ELECTION HELD ON MARCH 7, 1995, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW COUNCILMEMBERS: Lindemans, Mu~oz, Parks, Roberts AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: I COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Stone Contract Change Order No. 1 for 94-95 Slurry Seal Project. Project No. PW94-17 8.1 Approve Contract Change Order No. 1 for materials, labor and equipment for various items of work in the amount of $10,721.30. Contract Change Order No. 1 for FY94-95 Citywide P.C.C. ReDair Program. Project No. PW94-13 9.1 Approve Contract Change Order No. 1 for materials, labor and equipment for various items of work in the amount of $8,067.53. Minutes\3\28\9 S -5- 10/29/96 City Council Minutes March 28. 1995 10. 11. 12. "No Parking" ?one on Margarita Road from Rancho Vista Road to Pauba Road from 6:00 AM to 4:00 PM Weekdays 10.1 Adopt a resolution entitled: RESOLUTION NO. 95-27 Parcel 11.1 11.2 A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF TEMECULA ESTABLISHING "NO PARKING" ZONE ON MARGARITA ROAD FROM RANCHO VISTA ROAD TO PAUBA ROAD FROM 6:00 A.M. TO 4:00 P.M. WEEKDAYS Mal~ No. ?8084 - Hold Harmless Agreement Approve the Hold Harmless Agreement with BA Properties, Inc. Authorize the Mayor and City Clerk to execute the agreement. Planning ADl~lication No. PA94-0170 and PA94-0171 13. 12.1 Approve the Partial Termination of Development Agreement No. 90-1 and authorize the Mayor to execute the Agreement. Acceptance of Public Streets into the City Maintained-Street System {Within Tract No. ? 176O) 13.1 Adopt a resolution entitled: RESOLUTION NO. 95-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY MAINTAINED-STREET SYSTEM (WITHIN TRACT NO. 21760) Minutes\3\28\95 -6- 10/29/96 Citv Council Minutes March 28. 1995 14. Accel;)tance of Public Street into the City Maintained Street System (Butterfield Stage Road from Rancho California Road to De Portola Road) 15. 14.1 Adopt a resolution entitled: RESOLUTION NO. 95-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREET CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 159 INTO THE CITY MAINTAINED-STREET SYSTEM {BUTTERFIELD STAGE ROAD FROM RANCHO CALIFORNIA ROAD TO DE PORTOLA ROAD) AYES: 4 COUNCILMEMBERS: Linderoans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Muhoz Accel;)tance of Public Street into the City Maintained Street System (Portions of Butterfield Stage Road and De Portola Road) RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 95-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREET CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 159 INTO THE CITY MAINTAINED-STREET SYSTEM (BUTTERFIELD STAGE ROAD FROM DE PORTOLA ROAD TO STATE HIGHWAY 79(S) AND DE PORTOLA ROAD FROM BUTTERFIELD STAGE ROAD TO EASTERLY CITY LIMITS) AYES: 4 NOES: 0 ABSENT: 0 ABSTAIN: 1 COUNCILMEMBERS: Lindemans, Parks, Roberts, Stone COUNCILMEMBERS: None COUNCILMEMBERS: None COUNCILMEMBERS: Mu~oz Minutes\3\28\95 -7- 10/29/96 City Council Minutes March 28. 1995 16. 17. 18. Accel;)tance of Public Street into the City Maintained-Street System (De Portola Road - Margarita Road to Butterfield Stage Road) RECOMMENDATION: 16.1 Adopt a resolution entitled: RESOLUTION NO. 95-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, ACCEPTING CERTAIN PUBLIC STREET CONSTRUCTED UNDER ASSESSMENT DISTRICT NO. 159 INTO THE CITY MAINTAINED-STREET SYSTEM (DE PORTOLA ROAD FROM MARGARITA ROAD TO BUTTERFIELD STAGE ROAD) AYES: 4 COUNCILMEMBERS: Linderoans, Parks, Roberts, Stone NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: I COUNCILMEMBERS: Mu~oz Accel;)t Public Iml~rovements in Tract No. 71760 RECOMMENDATION: 17.1 Accept the public improvements in Tract No. 21760; 17.2 Authorize reduction Faithful Performance Bond amounts for streets, water and sewer improvements, accept the Faithful Performance Warranty Bond in the reduced amount; 17.3 Direct the City Clerk to so notify the Developer and Surety. Contract Amendment - Kicak and Associates RECOMMENDATION: 18.1 Approve an amendment to the Kicak and Associates contract. Minutes\3\28\95 -8- I City Council Minutes March 28. 1995 SECOND READING OF ORDINANCES 19. Second Reading of Ordinance No. 95-06 RECOMMENDATION: 19.1 Read by title only an ordinance entitled: ORDINANCE NO. 95-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA REPEALING SECTION 6.04.010 AND ADDING CHAPTERS 6.02, 6.06 AND 6.08 TO THE TEMECULA MUNICIPAL CODE REGULATING THE KEEPING AND CONTROL OF DOGS, CATS AND OTHER ANIMALS COUNCIL BUSIN!=SS 20. Recluest to Sul;)l~ort the State of California Wildlife Conservation Board Accluisition of the Hidden Valley Ranch Planning Director Gary Thornhill presented the staff report. It was moved by Councilmember Parks, seconded by Councilmember Mur~oz to approve staff recommendation. 20.1 Receive report and provide direction to staff to draft a letter of support for the Mayor's signature. The motion was unanimously carried. 21. Winchester 1800 Sl;)ecific Plan Planning Director Gary Thornhill presented the staff report. Principal Engineer Ray Casey presented comments regarding the circulation and drainage issues regarding the plan. RECESS Mayor Stone called a brief recess at 7:49 PM to change the tape. The meeting was reconvened at 7:51 PM. Minutes\3\28\95 -9- 10/29/96 City Council Minutes March 28. 1995 Barry Burnell, 3242 Halladay, No. 100, Santa Ana, representing the applicant, addressed the drainage issue explaining that on-site retention would be constructed to prevent increased run-off to down stream areas. He stated he has not received conditions from the Flood Control District but will share them when they are ready. He addressed the issue of open space and biological habitat, explaining three studies were done and no sensitive plant life or animal species were found except the K-rat and Owl. Regarding traffic, he stated this project will participate in the South West Road, Bridge and Benefit District. Gene Birdsall, 32825 Keller Road, Winchester, spoke in favor of the project. Patricia Keller, 39261 Salinas Drive, Murrieta, expressed concern regarding new taxes. Cindy Bush, 32775 Bootlegg Road, spoke in opposition to the project. Tomas Cortez, 34165 Winchester Road, Winchester, spoke in favor of proposal. Vic Deforest, 39675 Cantrell Road, spoke in opposition to the project. Borre Winckle, 31882 Paseo Sagrado, San Juan Capistrano, spoke in favor of project. Preston Gibson, 13171 Spur Branch Circle, Corona, representing the Coscan/Stewart Partnership, spoke in favor of project. Heather Rheingans, 35320 Pourroy Road, Winchester, spoke in favor of the project. Phil Rheingans, 35320 Pourroy Road, Winchester, spoke in favor of the project. Joe Rheingans, 31980 Benton Road, spoke in favor of the project. Irene Ledbetter, 28990 Old Mine Road, Hemet, spoke in favor of the project. RECESS Mayor Stone called a recess at 8:46 PM. The meeting was reconvened at 9:07 PM. Betty Rheingans, 31980 Benton Road, spoke in favor of the project. Carl Rheingans, 39410 Benton Road, Winchester, spoke in favor of the project. Adrian McGregor, 34555 Meadows Parkway Drive, spoke in opposition to the project. Jean Bailey, 36657 Washington Avenue, Winchester, spoke in favor of the project. Ray Borel, 30195 Auld Road, spoke in favor of the project. Minutes\3\28\95 - 1 O- 10/29/96 Citv Council Minutes March 28. 1995 Mayor Pro Tem Lindemans presented 14 points he felt should be included in a letter directed to the County of Riverside. It was moved by Councilmember Parks, seconded by Mayor Pro Tern Linderoans to recommend that the County approve the project establishing conditions as presented by Mayor Pro Tern Linderoans. Councilmember Roberts stated he would rather give input without recommendation of approval or denial. Mayor Stone stated he has not had adequate time to research this project in depth and also added several points of concern. The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Lindemans, Parks NOES: 3 COUNCILMEMBERS: Mu~oz, Roberts, Stone It was moved by Councilmember Mu~oz, seconded by Councilmember Roberts to direct staff to communicate that, should the County Board of Supervisors approve this project, the City Council requests the following conditions of approval be included: 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. A viability study of the 65 acres of commercial property should be performed. Adequate buffering of the north-easterly boundaries of the project should be provided. An increase in open space area should be considered. Park dedication should be provided at the city standards of 5 acres per 1,000 residents. (63 acres required). Parks should be developed at the City of Temecula standards. The street designated as Street "A" should be re-routed. Adequate linkages should be provided between the park sites. The project should not eliminate 2.5 acres of wetlands. Bike lanes should be consistent with the City of Temecula standards. Additional intersections at Winchester Road at Beeler/Street "A"; Washington Street at Keller Road and Washington Street at Auld Road should be included in the Traffic study. The site access exhibit should be consistent with City of Temecula standards. A comprehensive plan for non-motorized transportation should be included for such modes as Class II and III bike lanes and specific alignment routes for Class I bike paths and multi-use trails. A financing plan should be developed to address the needed infrastructure. The retention of on-site water should be shown in a hydrology study. Full widening of Winchester Road and the impacts on Assessment District 161 should be addressed. Minutes\3\28\95 - 11 - 10/29/96 Citv Council Minutes March 28. 1995 16. 17. 18. 19. A program to assess local infrastructure costs on a per unit basis should be developed. The Plan should include establishment of a Homeowners Association to assure maintenance of the open space areas. A phasing plan for development of the parks within the project should be tied to the issuance of specific building permits. The impacts of the development on the Winchester/l\15 Interchange should be assessed and a pro-rata fee paid to offset the costs of interchange improvements. The motion was unanimously carried. It was moved by Councilmember Parks, seconded by Councilmember Mu~ioz to continue Items 25, 26, 27, 28, 31 as follows: 25. Discussion of Installation of Flashing Warning Lights in the Vicinity of SDarkman & Temecula Elementary Schools. Temecula Valley High School and Margarita Middle School 26. Overland Drive Overcrossing - Status Rel~ort 27. Street Maintenance and/or Construction of Unl~aved Streets 28. Community Services Funding Program 31. Discussion of Traffic Policeman Directing Traffic at Winchester and Jefferson During Peak Traffic Times of 4-6 PM The motion was unanimously carried. It was moved by Councilmember Roberts, seconded by Councilmember Parks to extend the meeting until 11:00 PM. RECESS Mayor Stone called a recess at 9:58 PM. The meeting was reconvened at 10:12 PM. Minutee\3\28\95 - 12- 10/2~)/;)6 Ciw Council Minutes March 28. 1995 22. 23. Status Rel~ort on Klassic Shotz Billiards. Planning AOi;)lication No. PA 94-0043 Planning Director Gary Thornhill presented the staff report. Larry Markham, 41750 Winchester Road, addressed the Council informing them that the applicant would be going through the process to apply for a liquor license. He stated that concerns raised from the Mini-Mart in the center have now been resolved since the Association has contracted with Klassic Shotz to provide security for the entire center. Mayor Stone declared the report received and filed. Consideration of Adol;)tion of Resolution ADDroving a Master Prol;;)erty Tax Exchange Agreement Between the City of Temecula and the County of Riverside Ul~on Annexations of Territory to the City City Attorney Peter Thorson presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 23.1 Adopt a resolution entitled: RESOLUTION NO. 95-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, CALIFORNIA, APPROVING THE MASTER PROPERTY TAX TRANSFER AGREEMENT BETWEEN THE CITY OF TEMECULA AND THE COUNTY OF RIVERSIDE UPON ANNEXATIONS OF TERRITORY TO THE CITY The motion was unanimously carried. 24. Consideration of a Contract with DMG to Analyze Water and Sewer Iml;)act Fees City Manager Ronald Bradley presented the staff report. It was moved by Councilmember Parks, seconded by Mayor Pro Tem Lindemans to approve staff recommendation as follows: 24.1 Amend the contract with David M. Griffith and Associates (DMG) to conduct a Water and Sewer Impact Fee Review. The motion was unanimously carried. Minutes\3\28\95 - 13- 1 o/2g/g6 City Council Minutes March 28. 1995 29. 25. Third Amendment to the Fire Protection Agreement for Fiscal Year 1994/95 City Manager Ronald Bradley presented the staff report. It was moved by Councilmember Roberts, seconded by Councilmember Parks to approve staff recommendation as follows: 29.1 Approve the Third Amendment of the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue and Medical Aid for the City of Temecula. The motion was unanimously carried. City Council Meeting Start Time City Manager Bradley presented the staff report. Mayor Stone stated he will be happy to start City Council Meetings at 6:30 PM if that is the will of the Council, but he would like to get a consensus on how to proceed. Councilmember Mu~oz stated rather than changing the code, he liked the suggestion of City Manager Bradley to agendize any issues causing concern and maintain the current public comment system. Councilmember Roberts stated that normally 15 minutes is enough and if it takes 20 minutes he would be in favor of allowing the extra time. Mayor Pro Tem Lindemans stated he agrees with Councilmember Roberts to begin the meeting at 7:00 PM, setting aside up to 30 minutes. City Attorney Thorson recommended modifying the current ordinance to include a provision for 5:30 PM Closed Sessions. It was moved by Councilmember Parks, seconded by Councilmember Roberts to approve staff recommendation with modifications in Section 1 (A) of the ordinance that regular meetings shall commence at 5:30 PM for Closed Sessions and 7:00 PM for Regular Sessions. 30.1 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 95-07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 2.04 OF THE TEMECULA MUNICIPAL CODE RELATING TO THE TIME AND PLACE OF CITY COUNCIL MEETINGS The motion was unanimously carried. Minutes\3\28\95 - 14- 10/29/96 City Council Minutes March 28. 1995 CITY MANAGER'S REPORT None given. CITY ATTORNEY'S REPORT None given. ADJOURNMFNT It was moved by Councilmember Roberts, seconded by Councilmember Parks to adjourn at 10:45 PM to a meeting on April 11, 1995, 7:00 PM, Community Recreation Center, 30875 Rancho Vista Road, Temecula, California. ATTEST: [SEAL] E. Stone, Mayor Minutes\3\28\95 - 15- 10/29/96